[Congressional Record (Bound Edition), Volume 155 (2009), Part 5]
[Issue]
[Pages 5501-5914]
[From the U.S. Government Publishing Office, www.gpo.gov]

  


[[Page 5501]]

                           VOLUME 155--PART 5

                  SENATE--Wednesday, February 25, 2009


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

                                 prayer

  The Chaplain, Dr. Barry C. Black, offered the following prayer:
  Let us pray.
  O Lord, our God, by Your will we came into being, and at Your 
command, when the right hour is come, we shall one day leave this 
world. Let Your spirit lead our Senators today. May they increase in 
self-forgetfulness, in simplicity, in courage, and in trust, so that 
each day they will approach nearer to Your likeness. Lord, help them to 
offer themselves afresh to be used in Your service. Show them Your way 
and may they obey Your presence. Give wisdom to the perplexed, fresh 
vigor to the discouraged, and a clearer vision to all who seek Your 
will.
  We pray in Your sacred Name. Amen.

                          ____________________




                          PLEDGE OF ALLEGIANCE

  The Honorable Tom Udall led the Pledge of Allegiance, as follows:

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

                          ____________________




              APPOINTMENT OF ACTING PRESIDENT PRO TEMPORE

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

                                                      U.S. Senate,


                                        President pro tempore,

                                Washington, DC, February 25, 2009.
     To the Senate:
       Under the provisions of rule I, paragraph 3, of the 
     Standing Rules of the Senate, I hereby appoint the Honorable 
     Tom Udall, a Senator from the State of New Mexico, to perform 
     the duties of the Chair.
                                                   Robert C. Byrd,
                                            President pro tempore.

  Mr. UDALL of New Mexico thereupon assumed the chair as Acting 
President pro tempore.

                          ____________________




                   RECOGNITION OF THE MAJORITY LEADER

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

                          ____________________




                                SCHEDULE

  Mr. REID. Mr. President, following leader remarks, if any, the Senate 
will resume consideration of S. 160, the District of Columbia House 
Voting Rights Act. Rollcall votes are expected to occur today and 
tomorrow in an effort to advance this bill to passage this week so we 
can turn to the consideration of the omnibus appropriations bill next 
week.
  Mr. President, you will note that we have had no morning business. 
The reason for that is we are very in tune to finish this legislation. 
I want everyone to have ample opportunity to offer any amendment that 
they want on this bill. There should be no excuse. We have got all 
morning, all afternoon, all evening, all day tomorrow, but we are going 
to finish the bill one way or the other.
  I hope we can do it the right way, the easy way, so we do not have to 
file cloture on it. This is a bill that should advance. Senator 
Lieberman is so knowledgeable about Senate procedures that he will 
protect everyone's rights. But we cannot imagine what the amendments 
are going to be; they have to be offered. We have heard a lot of talk 
about amendments being offered, some germane, some not germane. But 
let's get it done and move on.
  I do not want to have to file cloture on this bill. There is no 
reason to file cloture. If people have amendments, they want to improve 
the legislation, let them offer the amendments. But if we do not have a 
lot of activity on this legislation, I will file cloture today for a 
Friday cloture vote. If we are unable to complete action on the bill 
tomorrow, Senators should be prepared to vote on Friday, even though it 
was previously announced that there would be no votes on that day. So 
everyone should be alerted that we may have votes on Friday.
  There is no reason in the world that this simple piece of legislation 
cannot be completed. I am surprised we have to go into this tomorrow, 
quite frankly. We should finish it today--that would also be good--and 
we could do our work that we have scheduled for the weekend, and we 
could move this bill so we can start on that on Friday, because, as I 
said yesterday, we have to complete action on the omnibus spending bill 
by next Friday, the reason being that the continuing resolution runs 
out at that time.
  Senator Cochran and Senator Inouye have worked hard to get the bill 
to this point. It has been available for everyone for days now. It is 
on our Web site. Everyone can read every word of it. All of the so-
called earmarks, the congressionally directed spending are there. We 
can look at them, know who asked for them.
  The earmarks are down by 50 percent from what they were. The amount 
of dollars in earmarks, congressionally directed spending, is way down 
from 4 percent to 1 percent. So let's move forward on the legislation 
we are dealing with here today and get this done as quickly as 
possible.
  Because this is a 6-week work period, we have a lot of work to do. 
Some of us were out late last night at President Obama's speech.

                          ____________________




                       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

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will resume consideration of S. 160, which the clerk will report 
by title.
  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 ACTING PRESIDENT pro tempore. The Senator from Connecticut is 
recognized.

[[Page 5502]]


  Mr. LIEBERMAN. Mr. President, I thank the Chair. I thank the majority 
leader for his statement on this bill, S. 160, the DC House Voting 
Rights Act. I think he got right to the point. This measure has been 
before Congress for quite a long time. The bill before us is the result 
of a bipartisan compromise that was worked out in the House of 
Representatives last year between Delegate Norton and then-Congressman 
Tom Davis.
  There are questions about the bill. Obviously, there are different 
points of view. I am very grateful that yesterday 62 Members of this 
body, including 8 Republicans, voted to stop a filibuster to invoke 
cloture to get to this bill. I think people are ready to debate it on 
its merits.
  I feel very strongly that this bill rights a historic injustice. It 
is hard to believe, when you stop to think about it; maybe we become 
accustomed to things and forget how unacceptable they are and how 
unaccustomed we should be, but 600,000 Americans are deprived of having 
voting representation in the Congress of the United States because they 
happen to live, of all places, in the capital of this greatest 
democracy in the world.
  There are a lot of historic reasons for this originally, but then 
they became political reasons, frankly partisan. But none of them holds 
any real sway against the ideal that animates our country. This is a 
representative democracy. And finally the residents of the District got 
a delegate in the House, but the delegate cannot vote.
  Think of it. If any one of us, the 100 of us who are privileged to be 
Senators were told for some reason that we could be Senators, we could 
represent our States, we could participate in debates, but then when 
the roll was called, we could not vote--it is unbelievable. This is 
what we have done to the 600,000 residents of the District of Columbia 
and to their Delegate in the House.
  This bill would right that wrong. I would say that few, if any, of 
our colleagues would argue that somehow the status quo is acceptable; 
that is, that 600,000 people do not have a voting representative in 
Congress.
  We are the only democracy--and, of course, we believe we are the 
greatest democracy in the world. Historically, we began the moment of 
democracy throughout the world. We are the only democracy in the world 
where the residents of our capital do not have any voting 
representation in Congress.
  So I think, generally speaking, Members of the Senate understand and 
accept the injustice of the status quo. The objections are primarily 
constitutional as I have heard them. I believe the arguments on behalf 
of the constitutionality of this proposal are strong and convincing, 
certainly to me.
  My cosponsor of this legislation, the distinguished Senator from 
Utah, Orrin Hatch, who has, generally speaking, been acknowledged as a 
wonderful lawyer, a great constitutional scholar, in fact, has written 
an essay for the Harvard Law Journal, making the case for the 
constitutionality of this proposal. I commend that to all of our 
colleagues, particularly those who have doubts about the 
constitutionality of this measure.
  But I honestly think that most people have accepted the injustice 
question. The constitutionality, okay, let's have some amendments. As 
Senator Reid said, we have got today, tomorrow. We are here. Let's have 
some amendments and put it in issue, give the Senate the choice that 
deals with the constitutionality. Some think there ought to be a 
constitutional amendment to achieve voting representation in the 
Congress. I do not think that is necessary.
  Some think the District of Columbia, the residents should, for 
purposes of representation in Congress, become part of Maryland or 
Virginia. There is some historical precedent for that argument, way 
back. Let's debate it. But let's get it done. This measure has strong 
support and it has the urgency of justice delayed about it.
  So the question before the Senate, as it so often is, are we going to 
face the differences here and debate them and then have a vote so we 
can conclude this debate and go back to our States Thursday evening and 
have a good weekend with our constituents at home or are we going to 
delay this and use this as a vehicle for unrelated matters that will 
achieve nothing? That, as usual, is the challenge before us.
  I am here, and I look forward to colleagues coming as soon as 
possible to speak, and hopefully to offer amendments, with the goal 
that Senator Reid has set--we can finish this goal by tomorrow, 
Thursday. Senator Reid has made it clear that if he gets the sense 
during the day today that there is going to be delay, and there are 
amendments that are not relevant to the bill, he is going to file 
cloture. That will mean we will have to stay here on Friday to vote on 
cloture, and we will not be able to finish this bill presumably until 
the first part of next week. I hope that does not happen. Please come 
to the floor and let's talk about it.
  I do want to, while I have a moment--I am sure Members are rushing 
from their offices right now to come to the floor to offer amendments--
I do want to talk for the record about the interesting compromise that 
Delegate Norton and Congressman Davis achieved last year, and this 
answers the question of: Why Utah?
  This bill would increase the size of the House of Representatives to 
437, adding two new Members to the House. This is quite historic both 
in terms of righting the injustice suffered for now more than two 
centuries by the residents of our Nation's capital, but also that we 
are adding Members to the House of Representatives. That does not 
happen too often in our history.
  One of those seats would go to the District of Columbia, the other as 
part of the compromise would, for the next 2 years, until the 
reapportionment of the House that will follow the 2010 census, go to 
Utah. I would say to clarify, that after the 2010 census, the District 
would retain its seat because of the injustice that we are correcting. 
But the second seat would go to whichever State deserves it; that is, 
according to the population found in the 2010 census.
  So let me explain why Utah now. Utah has had an objection to the 
outcome of the 2000 census and the Congressional apportionment that 
followed it. According to the 2000 census, the State of Utah missed out 
on getting a fourth seat in the House of Representatives by 857 people.
  This was a very thin margin of error, particularly when one considers 
the methodology of the count and the way it uniquely affected Utah. 
Remember, 857 people short of getting a fourth seat as compared to 
another State. According to officials of the State of Utah, somewhere 
between 11,000 and 14,000 members of the Church of Latter-day Saints, 
Mormons, missionaries living abroad but citizens of the United States, 
residents of Utah, were not counted. It is true, however, that members 
of the military who are abroad are counted.
  In two separate court cases, the State of Utah argued that the 
methodology of the count of the census was flawed because government 
officials, including military personnel, were counted in the census, 
while other Americans, including the LDS missionaries, were not. Our 
colleagues in the House had an insight. It was one of those moments of 
compromise. Perhaps it seems we are combining apples and pears, but--
and I will stop the metaphor and not go on to a sweet fruit salad--the 
fact is, this made a lot of sense. Our colleagues in the House 
recognized that in these two sets of complaints--the historic one for 
the District and the one for Utah, more current--there was a potential 
solution to the longstanding impasse on DC voting rights.
  Let's state what is implicit. Over time, I fear people concluded, 
notwithstanding the justice of the argument made by residents of the 
District that they deserve voting representation, it clear, and we must 
acknowledge what is clear, the registration of voters in the District 
is overwhelmingly Democratic. So in terms of partisan balance in the 
House, the feeling, obviously, was that when the District of Columbia 
gets a voting representative in the House of Representatives, that 
representative will almost always be Democratic. Utah tends to be 
Republican, though not totally; there is one

[[Page 5503]]

Member of the House from Utah today who is a Democrat.
  There was another judgment involved, an interesting one which we tend 
not to think of. If we just added one seat for the District of 
Columbia, a voting representative, we would end up with 436 Members of 
the House, an even number, and no constitutional mechanism for breaking 
a tie. Obviously, presumably a motion that resulted in a tie would 
fail, but it seems an unsatisfactory resolution to the problem. Without 
an odd number of Members of the House, gridlock would ensue in too many 
cases. How would the House, for instance, organize itself if the split 
between the political parties was even? Clearly, the Vice President 
does not serve as a tie-breaking vote for the House, as is the case in 
the Senate. It could be impossible to elect a Speaker or appoint 
committee chairs. So the solution devised by our colleagues in the 
House in the last session of Congress increased the size of the House 
by two Members to 437, which pairs a new seat for the District of 
Columbia with a new seat for Utah. That simultaneously gives the 
District the representation it deserves, keeps the House as an uneven 
number of seats, and balances a likely Democratic seat from the 
District with a likely Republican seat from Utah.
  This is the balance that resulted in the legislation that is before 
us. It is a compromise but, as in so many cases--and it is a pragmatic 
compromise--it results in a good solution, frankly, to two problems, 
one longstanding for the District, the other more current and brief for 
Utah.
  In submitting this legislation from the committee, we are not judging 
the manner in which the 2000 census was conducted or the outcome of 
legal disputes that followed. That is a matter of record. However, it 
is a statistical fact that Utah was the next State in line to receive 
an additional seat in the House of Representatives. Given that fact, it 
is a reasonable bipartisan compromise to create the two voting seats 
proposed in S. 160. I stress, again, that Utah only receives this seat 
under this bill for 2 years. The bill has no impact on the conduct of 
the next census in 2010 and subsequent reapportionment. Once 
reapportionment is conducted for the 2012 election, the Utah seat will 
be awarded based on population increases to the State that thereby has 
earned it. It could be Utah. It could be another State. If Utah's 2010 
population does not entitle the State to a fourth congressional seat, 
it will not retain the seat it will receive under this bill.
  The bill offers an opportunity to right the wrong Utah believes it 
suffered in 2000, the closeness of its numbers and also the fact that 
Mormon missionaries, way beyond the 857 gap between Utah and the State 
that got the additional seat, way beyond that number, 11,000 to 14,000. 
I think this is a very fair compromise that ensures, bottom line, every 
citizen of the country is given the most precious right democracy can 
provide, the right to vote for someone who can represent him or her 
with a vote in Congress. When one doesn't have that, as is the case 
with the District of Columbia, apart from the frustration I described 
earlier that Delegate Norton must experience every time the roll is 
opened in the House, we have the inequity of residents of the District 
volunteering and being sent to war. Yet the Delegate of the District in 
the House has no vote on questions of war or peace. We have soldiers 
returning as veterans, and yet the representative from the District has 
no vote on the benefits we will confer or not confer on veterans. The 
residents of the District are not only taxed without representation, 
which is, as our Founders asserted, a form of tyranny, but they are 
taxed very heavily. They pay the second highest rate of Federal 
taxation per capita. Yet they have no voting representation in Congress 
on the rate of taxation, the manner of taxation or, of course, where 
the revenue goes.
  They are the only governmental entity, outside of a Federal agency, 
that has to have its budget approved by the Congress. When we are tied 
up in gridlock and the budget doesn't pass, it means the District of 
Columbia is in a terrible predicament because it can't get the money it 
needs to operate. Yet the District has no voting representation on 
matters of appropriations in Congress. This is the moment to end this 
antiquity, a profoundly unjust and, frankly, un-America antiquity.
  I urge colleagues to come to the Chamber. Let's have some amendments 
and debate, and let's get this done by tomorrow afternoon.
  I yield the floor and suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. McCAIN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. McCAIN. Mr. President, in consultation with the managers, the 
Senator from Connecticut and the Senator from Arizona, I make a 
constitutional point of order against this bill on the grounds that it 
violates article I, section 2, of the Constitution, and I ask for the 
yeas and nays.
  The ACTING PRESIDENT pro tempore. Under the precedent and practices 
of the Senate, the Chair has no power or authority to pass on such a 
point of order. The Chair, therefore, under the precedent of the 
Senate, submits the question to the Senate: Is the point of order well 
taken?
  Mr. McCAIN. Mr. President, I understand that now the motion is 
debatable.
  The ACTING PRESIDENT pro tempore. The Senator is correct.
  Mr. McCAIN. Mr. President, I have a statement on this issue, and I 
look forward to debating it and a vote at the wishes of the majority 
and Republican leader on this constitutional point of order.
  Mr. LIEBERMAN. Mr. President, I appreciate very much that Senator 
McCain came to the floor to raise this point of order. As I said 
earlier, this is a matter that concerns people. I feel strongly that 
the measure is constitutional. But this is exactly what we should be 
debating. I look forward to his arguments and to responding to them.
  I thank the Chair.
  The ACTING PRESIDENT pro tempore. The Senator from Arizona is 
recognized.
  Mr. McCAIN. Mr. President, I thank the chairman of the Homeland 
Security Committee, through whose committee this legislation is 
proceeding.
  I appreciate the frustration felt by the residents of the District of 
Columbia at the absence of a vote in Congress. I fully understand and 
appreciate that. I also believe it is important that we look back at 
both the Constitution itself and the intention of our Founding Fathers, 
which was to create the District of Columbia as a base of Government.
  According to many experts, the District of Columbia is not a State, 
so therefore is not entitled to that representation. Also, one has to 
raise the obvious question: If the District of Columbia is entitled to 
a Representative in the U.S. House of Representatives, then why isn't 
it also entitled to two Senators? If the District of Columbia is 
entitled to a Member of Congress, why isn't Puerto Rico, which would 
probably entail 9 or 10 Members of Congress? Why are other territories 
of the United States not entitled to full-fledged Members of the U.S. 
House of Representatives and, indeed, the U.S. Senate?
  After great deliberation and debate, our Founding Fathers enshrined 
in the Constitution, 222 years ago, a unique form of government that 
proposes a distribution of power and checks and balances on each 
branch. So, too, the Founding Fathers considered and provided for a 
unique Federal city to serve as our Nation's seat of government. No 
single Member would represent the interest of the District but all 
Members of Congress would share responsibility for the city's well-
being. I believe that when you look at distribution of tax revenues and 
when you look at other measurements, the District of Columbia has been 
well represented by all Members of Congress.

[[Page 5504]]

  The Framers specifically limited voting representation in the House 
of Representatives to States. Article I, section 2, of the Constitution 
provides unequivocally:

       The House of Representatives shall be composed of Members 
     chosen every second year by the People of the several States.

  If they had wanted the District of Columbia to have the 
representation, they would have designated so in the Constitution. 
Asked to opine on the meaning of the word ``States'' in the context of 
House representation, Federal courts have consistently accorded that 
word its plain meaning, concluding that the word ``States'' does not 
include territories or possessions or even the District of Columbia.
  Again, I express my sympathy for the residents of the District of 
Columbia. But to now act in direct contravention to the intent and 
words of our Founding Fathers, I believe, is a violation of the 
Constitution of the United States. And to somehow work a deal that 
includes the State of Utah having an additional seat in return for that 
is an incredible violation. I will talk more about that.
  First, I wish to say that it is very clear the Congress simply cannot 
amend the Constitution by legislation--no matter how noble the cause. 
Congress has once before pursued an appropriate constitutional 
resolution to this issue. In 1978, Congress passed a joint resolution 
proposing to amend the Constitution to provide for the representation 
for the District of Columbia in Congress. Seven years later, that 
resolution failed to obtain the required approval of the 38 States 
necessary for ratification under article V of the Constitution. There 
is no reason proponents of voting rights for the District can't pursue 
this process again. There is a process for amending the Constitution of 
the United States. There is no reason why those residents of the 
District of Columbia, and other supporters, should not pursue the 
legitimate process of amending the Constitution of the United States. 
It should not be done and, in my view, cannot be done. The courts will 
decide, if we don't decide here, that it is unconstitutional to do so. 
I welcome such a process, rather than the consideration of this bill, 
which is clearly unconstitutional--not only in my judgment but in the 
overwhelming body of legal opinion.
  In addition to being unconstitutional, as I said, I am concerned that 
this bill is more a product of politics than of principle. Look at what 
this legislation before us does. It doesn't simply grant the District 
of Columbia a voting seat in the House; it adds another congressional 
seat for the State of Utah. The obvious question is, Why Utah? Why not 
Arizona or Nevada or New Jersey? As a representative of the people of 
the State of Arizona, who, I believe, legitimately and continuously, as 
one of the fastest growing States, have been deprived of additional 
seats because of the way the census was conducted--and now we are going 
to give a seat to the State of Utah on the grounds that the census was 
not accurate. I don't know of any fast-growing State in America that 
doesn't believe we were undercounted--and legitimately--in the census.
  Now, as I understand it--and maybe the proponents of an additional 
seat for Utah can more eloquently and convincingly describe it than I 
can--they are saying it is because they came closest in the census to 
being eligible for another seat in the Congress. The State of Nevada is 
the fastest growing State in America. Arizona has been among those that 
are fast growing. But why Utah? What in the world does an additional 
seat for Utah have to do with representation for the District of 
Columbia? It can only be interpreted in one way, and that is an attempt 
to buy votes. We are talking about the Constitution of the United 
States here, about representation in the Congress of the United States 
of America, not some political deal.
  I have sympathy for the State of Utah if they think they were 
undercounted in the census. I have sympathy for all States that were 
undercounted in the census. What some supporters of the bill argue is 
that Utah is the next State in line to receive a House seat after the 
last census in 2000 and reapportionment. Nevada was the fastest growing 
State from 1986 to 2004, until Arizona overtook Nevada as the fastest 
growing State in 2006, according to the U.S. Census Bureau. Nevada, 
once again, regained this title for its high growth between 2006 and 
2007. For the first time in over 25 years, Utah was listed this year as 
the fastest growing State, as its population climbed 2.5 percent, with 
Arizona being second, with a population growth of 2.3 percent. Despite 
this percentage growth, Texas, California, North Carolina, and Georgia 
added more people than Utah, Nevada, or Arizona between 2007 and 2008. 
Mr. President, we are getting on a slippery slope here. Do you judge it 
by percentage of growth, numbers of votes?
  It brings us back to a final question: What in the world would 
awarding an additional seat to another State have to do with voting 
rights for the District of Columbia?
  I have provided those statistics to illustrate there are other States 
that have experienced far more phenomenal growth than Utah. I love 
Utah. It is a wonderful State. But the wheels were greased for Utah to 
receive an additional seat well before it was listed as the fastest 
growing State this year. And if the State of Utah or any other State 
was undercounted, that should be taken into consideration; we should 
fix the census in the year 2010 and make sure any injustice is 
corrected. But to somehow say we are going to award a State an 
additional seat not in keeping with the process of how reapportionment 
is conducted every 10 years is remarkable and certainly 
unconstitutional.
  In 2004, lawmakers began floating an idea of a compromise bill to 
balance a House seat for the District of Columbia, which obviously we 
assume would be won by a Democrat, with a seat for a congressional 
district in Utah, which most assume would be won by a Republican. The 
May 3, 2005, editorial in the Washington Post called this a ``win-win 
situation.'' While this may be a win-win situation for Washington, DC, 
and Utah, it is hardly a win for the millions of Americans who are 
living in high-growth States.
  In fact, according to a report by the Congressional Research Service, 
if the District was considered to be a State during the last 
apportionment, North Carolina would not have gained a seat. According 
to a study by the Republican policy committee, if this bill is enacted 
and the House of Representatives is expanded to 437 seats, then New 
Jersey would keep a congressional seat it would otherwise lose. Again, 
this illustrates there are winners and losers in an apportionment, but 
these districts should be chosen based on concrete data from the 
census, not by political parties attempting to craft legislation that 
flies in the face of our Founding Fathers' intentions.
  In a February 6, 2009, editorial, the Los Angeles Times states:

       This is obviously partisan horse-trading.

  The Los Angeles Times is right. Yes, partisan horse trading happens 
all the time, but this time partisan horse trading would do grave 
violence to our Constitution.
  A commentator wrote in the February 13, 2009, edition of the 
Washington Times:

     . . . the enactment of blatantly unconstitutional legislation 
     to bypass the constitutional amendment process and give the 
     District of Columbia a seat in the House of Representatives 
     in a crass triumph of raw political power over the rule of 
     law.

  I couldn't agree more.
  Again, I regret I am unable to support this legislation to provide 
the residents of the District voting representation in the House of 
Representatives. However, I took a solemn oath to defend our 
Constitution as a U.S. Senator. In testifying before the Homeland 
Security and Governmental Affairs Committee in 2007, Professor Jonathan 
Turley described this horse trading as ``the most premeditated 
unconstitutional act by Congress in decades.''
  We, as Senators, cannot avoid the constitutional issue. While the 
Supreme Court may be the final arbiter of constitutionality, Congress, 
as the first

[[Page 5505]]

branch of Government, has an independent duty to consider the 
constitutionality of the bills we pass, especially where, as here, our 
own independent Congressional Research Service advises that ``although 
not beyond question, it would appear likely that the Congress does not 
have authority to grant voting representation in the House of 
Representatives to the District of Columbia'' as contemplated by this 
bill.
  We really have two aspects of this legislation. First of all, does 
Congress have the constitutional authority to grant voting rights or an 
additional seat in the House of Representatives by legislation rather 
than amending the Constitution of the United States?
  As I pointed out earlier in my statement, the fact is, it was tried 
in 1978 in the proper fashion and did not receive the approval of the 
38 States necessary to amend the Constitution. So now we are trying to 
basically amend the Constitution of the United States by legislation. 
That is not in keeping with the authority and responsibility of the 
Congress of the United States of America.
  The second is, of course, what in the world does granting voting 
rights to the District of Columbia have to do with granting another 
seat to another State? One can only interpret that, as one of the 
editorials did, as political horse trading. There is no constitutional 
basis for granting a seat to any State in the United States of America 
without it being backed up, as laid out by our Founding Fathers, by the 
results of a census.
  I will agree, as I have said before, coming from a State that has 
been consistently undercounted in our population, the census needs to 
be fixed to more accurately reflect the true population of every State 
in America, and that has not happened with the fastest growing States. 
But to grant a seat to a State because they were ``fastest growing'' 
and maybe closest to the requirement for an additional seat turns 
everything on its head.
  What kind of a precedent would we be setting by legislation allowing 
a State to have another seat in the U.S. House of Representatives, with 
thousands of votes that would be taken?
  I also would like to mention, again, if the District of Columbia 
deserves a voting representative in the U.S. House of Representatives, 
doesn't the District of Columbia also deserve two U.S. Senators? How 
intellectually do you make the argument they deserve a vote in the 
other body, a coequal body--although we certainly do not recognize that 
very often. But the fact is, it is a coequal body. They are going to 
have a vote over there, but they are not going to have representation 
over here.
  Finally, I would like to point out that we have territories in which 
citizens of the United States reside. Those who were born in those 
territories, according to a U.S. Supreme Court decision, are citizens 
of the United States. In fact, they are even eligible to run for 
President of the United States if they are born in a U.S. territory.
  What about Puerto Rico? What about the Virgin Islands? What about the 
Marianas? What about other territories that are part of the United 
States of America and in which our citizens also reside who then vote 
for Representatives in the other body, but those Representatives 
obviously do not have voting power?
  I conclude by saying this is a serious issue. It is a serious issue. 
It has been clouded by the understandable concern that Members of 
Congress have for the people who reside in the District of Columbia. We 
see their license plates every day: ``Taxation without 
Representation.'' But the way to give them those voting rights is 
through amending the Constitution of the United States, not a 
legislative act that clearly is not within the constitutional authority 
granted by our Founding Fathers to the Congress of the United States.
  I look forward to a spirited debate on this issue. I think it is an 
important one. If this DC voting rights bill does pass and this 
constitutional point of order is rejected by a majority of the Senate, 
I have very little doubt that the courts of the United States of 
America will reject this proposal.
  Again, I appreciate and admire and respect the manager of this bill, 
the distinguished chairman of the Homeland Security Committee, and the 
senior ranking member, the Senator from Maine. But I think there is a 
huge credibility problem when you add on a provision for adding a seat 
to a State for which there is not any factual or, frankly, rational 
argument for except that perhaps this measure will gain more support.
  I urge my colleagues to take a very close look at what we are doing. 
The most sacred obligation we have is to respect and preserve the 
Constitution of the United States of America in everything we do. I 
have very little doubt this legislation before us violates the 
Constitution of the United States of America.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Bennet). The Senator from Connecticut.
  Mr. LIEBERMAN. Mr. President, I thank my friend from Arizona for his 
kind words and also for the serious constitutional questions he raised.
  As I said earlier, this is exactly what we ought to be debating on 
this bill. I take it as a given that neither he nor anyone else I heard 
speak in this Chamber would say that it is fair or just or consistent 
with the first principles of our representative democracy, this great 
Republic of ours, that 600,000 Americans be denied the fundamental 
right to be represented in Congress by somebody who can actually vote. 
Pretty much everybody will agree that is wrong, all the more 
unacceptable because these 600,000 people happen to live in the Capital 
of this great democracy of ours.
  The question is, in one sense, the constitutionality of S. 160, the 
House District Voting Rights Act that is before us, and in a second 
sense, which the Senator from Arizona has raised, the wisdom, if you 
will, of combining the voting rights for residents of the District with 
an extra seat, in the short run, for the State of Utah. I wish to take 
some time to respond to these serious arguments.
  As I understand it--and I think I do--what the Senator from Arizona 
and other opponents of the constitutionality of this bill say is that 
the question of the District of Columbia's voting rights in the House 
should be settled by section 2 of article I of our Constitution, which 
says the House shall be made up of Members chosen ``by the People of 
the several States.'' And they argue that because the District of 
Columbia is not a State, its residents cannot have representation in 
the House, presumably at least not without a constitutional amendment.
  Those of us who feel strongly that this measure before the Senate is 
constitutional base our claim on the District clause of the 
Constitution which states that the Congress has the power ``To exercise 
exclusive Legislation in all Cases whatsoever, over such District,'' 
referring, of course, to the Federal District that was created at the 
time of the Constitution as the National Capital.
  Our courts have described in the centuries since this authority in 
the District clause as a ``unique and sovereign power'' and ``sweeping 
and inclusive in its character.'' Unlike many congressional powers, it 
is not balanced against the countervailing rights of the States.
  As former, I believe he was Associate Attorney General, maybe Deputy 
Attorney General during the previous administration, the Bush 
administration, Viet Dinh, stated in his testimony before the House of 
Representatives on this matter:

       [W]hen Congress acts pursuant to the District Clause, it 
     acts as a legislature of national character, exercising 
     ``complete legislative control as contrasted with the limited 
     power of a state legislature, on the one hand, and as 
     contrasted with the limited sovereignty which Congress 
     exercises within the boundaries of the states, on the 
     other.''

  That is a very interesting argument about the unique powers of 
Congress pursuant to this District clause.
  Then Mr. Viet Dinh concludes in support of this legislation and the 
constitutionality of this legislation:

       In few, if any, other areas does the Constitution grant any 
     broader authority for Congress to legislate.


[[Page 5506]]


  That is what we are doing here.
  Those who question the constitutionality of the legislation, as I 
mentioned, rely on section 2 of article I. They rely uniquely and 
almost totally on the word ``States,'' that the Members of the House 
shall be chosen by ``the People of the several States.'' So they say 
the District of Columbia is not a State; therefore, without amending 
the Constitution, we, in Congress, even under the powerful District 
clause, do not have the power to grant voting rights in Congress to the 
Representative of the District of Columbia.
  But there is a very clear and powerful line of Supreme Court cases in 
which the High Court and other courts have upheld Congress's right to 
treat the District of Columbia as a State and to treat it as a State 
for matters that are extremely consequential: for Federal taxation; in 
other words, the right to tax residents of the States might free the 
residents of the District from this obligation.
  Yet the courts have said the District itself can be treated as a 
State for purposes of Federal taxation, for purposes of Federal court 
jurisdiction. This was the question of diversity of jurisdiction. I 
don't have to go into the details. The courts have said it would be an 
anomaly to say because you happen to be an American living in the 
District, you cannot gain access to the Federal courts because the 
Constitution says the various States with regard to diversity and 
jurisdiction. The same with the right to a jury trial and, very 
powerfully, the same with regard to interstate commerce. There it is 
interstate commerce. We have the interstate commerce clause of the 
Constitution which has given birth to probably thousands of pieces of 
legislation, a very active role of oversight for the Government. And 
even though it is the interstate commerce clause, the courts have said 
very clearly that the District should be considered a State, 
notwithstanding the literal words in the Constitution. Because 
effectively, if you don't, you will create an enclave where people 
can't be taxed, people can't gain access to the Federal courts, people 
don't have a right to a jury trial, and people can't be protected by 
generations of legislation and regulation passed pursuant to the 
interstate commerce clause.
  For instance, as long ago as 1805, in the case of Hepburn v. Ellzey, 
Justice Marshall--the great Justice Marshall--ruled that the District 
of Columbia could not be considered a State for purposes of diversity 
jurisdiction under the Constitution, which allows Federal courts to 
hear disputes between residents of different States. His opinion, 
nonetheless, remarked on the incongruity of such a result, and Justice 
Marshall invited Congress to find a solution. Many years later--
unfortunately, many years later--Congress did so, and in 1949 the 
Supreme Court, in the Tidewater case, upheld a congressional statute 
that said the District should be treated as a State for purposes of 
diversity jurisdiction.
  Citing such cases, former Federal Circuit Court Judge Patricia Wald 
has testified--and again she testified on behalf of this legislation 
and its constitutionality:

       The rationale of the courts in all these cases has been 
     that Congress, under the District Clause, has the power to 
     impose on District residents similar obligations and to grant 
     similar rights as the States claim power to do under the 
     Constitution itself.

  So Congress is saying because the States get certain powers from the 
Constitution, if we don't treat the District as a State, its residents 
will be deprived of protections, or the Federal Government will be 
deprived of the right to tax them, for instance. And Judge Wald 
continued:

       Given that the District is in reality what I might call a 
     City-State of 600,000 people--

  Where the population, as I indicated in my opening statement 
yesterday morning, is just about equal to or greater than four States--

     engaged in a multitude of private businesses and occupations, 
     there is realistically no other way that a federalist union 
     can do business under the Constitution.

  It is also true that Congress has already extended the right of 
Federal representation, voting representation in Congress, to those who 
are not citizens of any State. I know this is an unusual statement and 
an exception, but there is the Uniformed and Overseas Citizens Voting 
Act. And in that, Congress authorized American citizens overseas to 
continue to vote for Members of Congress in their last domestic State 
of residence, regardless of whether they had been citizens of that 
State and no matter how long they stay overseas. Indeed, as I mentioned 
yesterday, these people would lose this unusual right to voting 
representation here in Congress, in States they no longer reside in--
and they may not have been there in quite a while--by absentee ballot 
from elsewhere in the world, only if they renounced their American 
citizenship or they returned to the United States and came to live in 
the District of Columbia. Now, that is an anomalous and unacceptable 
result. Citizens of Federal enclaves within a State are also free to 
vote in Federal elections held by the State--a right upheld by the 
Supreme Court.
  Notably, Congress has already used this vast authority that I have 
referred to under the District clause to extend voting rights to 
residents of the District of Columbia. Between 1789 and 1800, Congress, 
acting under the District clause, granted residents of the new 
District--the Nation's capital--the right to vote in their former 
States of Maryland and Virginia, even though they were actually no 
longer residents of those States--the land having been formally ceded 
to the Federal Government to form the new capital district.
  Let me now address a few of the other arguments that have been raised 
by Members, constitutional arguments that have been raised by those who 
oppose the bill on constitutional grounds.
  It has been argued that because the constitutional amendment XXIII 
was required to grant the District Presidential electors in the 
electoral college, likewise a constitutional amendment should be 
required to provide the District with voting representation in the 
House. But these two issues are distinct. The XXIII amendment worked a 
fundamental change to the electoral college under Article II of the 
Constitution. As such, Congress could not legislate with the same 
latitude it has within Article I, where the District clause is found 
along with the clause governing composition of the U.S. House.
  Some opponents of our proposal also cite the 1990 case of Adams v. 
Clinton to argue that it would be unconstitutional to grant DC citizens 
voting rights in the House. That is not the case, in my opinion. In 
Adams, the DC Government and residents brought a case alleging it was a 
denial of their constitutional rights to exclude them from 
representation in Congress. The majority opinion of the three-judge 
court stated, ``We are not blind to the inequity of the situation 
plaintiffs seek to change,'' but concluded that the court itself could 
not grant the District residents voting rights in Congress as a matter 
of constitutional right. But the court did not address whether Congress 
was empowered to provide voting rights through exercise of the District 
clause.
  As former Solicitor General and Federal Circuit Court Judge Kenneth 
Starr testified before the House in 2004 on legislation similar to the 
one before us now, S. 160:

       While the Constitution may not affirmatively grant the 
     District's residents the right to vote in congressional 
     elections, the Constitution does affirmatively grant Congress 
     plenary power to govern the District's affairs.

  In fact, the majority opinion in Adams arguably invited such an 
approach by stating that for plaintiffs to obtain Federal 
representation, ``they must plead their cause in other venues.'' And 
presumably that meant the Congress.
  Another concern raised by opponents of the bill is that it is a 
slippery slope, as the Senator from Arizona said. If Congress has the 
authority to grant the District a voting representative in the House, 
what is to stop it from adding two Senators or extending full voting 
rights to the U.S. territories? I respectfully suggest that these 
concerns are unfounded. The legislation before us only addresses DC 
voting rights in

[[Page 5507]]

the House, and the legal case for this action and its validity is 
unique.
  First, with respect to the Senate, this bill could not be clearer. In 
Section 2(a)(2) it states:

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

  But our colleagues have argued: Could some future Congress, using the 
arguments used on behalf of this bill, pass similar legislation to give 
DC full voting rights in the Senate? To me, that is a very debatable 
argument at best. Even some of the legal experts who support this bill 
believe a different and much more difficult analysis would apply to a 
bill regarding Senate representation because of the distinct language 
and history of the constitutional provisions governing composition of 
the Senate and the greater emphasis on the States as such.
  The territories are also a distinct and different case. Different 
constitutional provisions provide for the creation of the District and 
the Federal territories. The District enjoys a unique legal and 
historical status, and one that largely mirrors the rights and 
responsibilities of the States. Its residents pay full taxes and face 
military conscription. The same is not true of the residents of the 
territories. Amendment XXIII extended the right to vote in Presidential 
elections to residents of the District but not to residents of the 
American territories.
  As legal expert Richard Bress concluded in testimony on our 
legislation last session:

       Taken together, these differences between the territories 
     and the District render highly unlikely the suggestion that 
     granting voting rights to District residents would lead, as a 
     legal or policy matter, to granting similar privileges to 
     residents of the U.S. territories.

  Finally, in his comments, Senator McCain questioned: How do we put 
together voting rights for the District of Columbia with an extra seat 
for Utah; isn't this just a pragmatic political agreement? Well, in 
some sense it is. But in another sense, like so many pragmatic 
agreements around here--and this is one of the best of them because it 
is bipartisan--it achieves a just result: Finally, after all these 
years in which this outrageous anomaly has been allowed to exist, 
District residents will get voting representation in the House, and it 
also corrects what I think was an injustice done to the State of Utah 
in the last census--and which is one that I referred to earlier--when 
it came just 857 votes short of another seat, but the census did not 
count what was estimated--or proven in the court case--between 11,000 
and 14,000 Mormon missionaries who were clearly residents of Utah but 
were elsewhere in the world on their years of missionary service.
  The truth is that for too long now partisan concerns have stopped 
Members of Congress from doing what they knew was right, which is to 
give residents of the District voting rights. And the partisan concerns 
are understandable, even if they should not have blocked the result. It 
is a matter of fact that the residents of the District are 
overwhelmingly registered as members of the Democratic party. So in the 
normal course, it would be extremely likely that any Member of the 
House from the District would be voting and organizing with the 
Democrats. And I suppose if the shoe were on the other foot and this 
was a largely Republican voting population, to be fair about it, 
Democrats would probably have a similar feeling.
  Last session, acknowledging the inequity of the District's case and 
the understandable if ultimately unacceptable partisan concerns, two of 
our colleagues in the House--Delegate Eleanor Holmes Norton of the 
District and Tom Davis former Republican Congressman from Virginia--
tried to work this out. Acknowledging the inequity that I referred to 
which Utah felt it suffered, and actually went to court on in the last 
census, a decision was made to put these two together.
  There was also an institutional necessity, if I can add to this. It 
wasn't a kind of apples and oranges--two problems, let's bring them 
together and have a bipartisan result, because the new Member of the 
House from Utah is likely to be a member of the Republican Party. If we 
only added the one seat for the District, the House would have an even 
number of Members. One can imagine the gridlock that you would not want 
to see in the House. You could have an equal number of Members of both 
parties and a failure to organize, failure to be able to select a 
Speaker, or a failure to be able to organize committees. On a tie vote, 
there is no one in the House to exercise tie-breaking authority, 
similar to the Vice President here in the Senate. So legislation could 
fail as a result of a tie vote, and that is not a good result either. 
There was that institutional benefit that if you are going to add one, 
you really should add two to bring the total back to an uneven number 
and avoid the problems we have talked about.
  I do want to make clear that this kind of equitable grant of an 
additional seat to Utah, based on what happened after the last census, 
is only for 2 years. Obviously, if we give the District voting rights, 
it will go on forever, but it is only for 2 years because another 
census is coming in 2010 and there will be a reapportionment following 
that census. If Utah is next in line for that extra seat based on 
population, of course Utah will hold that extra seat. But if there is 
another State that, based on population, has a greater claim for that 
extra seat, then they will get it as well.
  I am happy to acknowledge that the bill before us is the result of a 
political compromise, a bipartisan compromise in the House, but I am 
not embarrassed by it. I do not think it taints the result because the 
result is so profoundly just in the case of the District, and I believe 
also just in the case of Utah, and it only lasts for this one time.
  I have tried to argue here, No. 1, on the constitutionality of this 
measure under the District clause; No. 2, that, yes, this is a 
bipartisan political agreement, but it is done for good reasons, and 
that does not taint it at all; and No. 3, I would say that in the bill 
before us there is provision for an expedited appeal to the courts on 
the constitutionality. We know there are constitutional differences 
that have been argued by the Senator from Arizona and myself this 
morning. We assume they will be tested in court. In the interests of 
efficient functioning of our Government, we provide in this measure for 
an expedited appeal.
  This is not the first time this would happen. The most significant 
case I remember, and I am sure it is one of many, is the landmark 
campaign finance reform legislation that bears the name of my friend 
from Arizona and our friend from Wisconsin, the McCain-Feingold 
legislation. Some argued vociferously on the floor that it was 
unconstitutional. So within the legislation, in a way quite similar to 
what we have done here on this, it was provided that there be an 
expedited appeal. That was a way of saying, even if you believe this 
legislation may be unconstitutional, we are a legislative body, we do 
not know, really. I believe this legislation is constitutional, but 
ultimately--I feel that very strongly, I said that it is, but the 
ultimate arbiter of that, of course, is the courts.
  So I urge my colleagues who have constitutional questions about this 
legislation but really want to stop the inequity imposed on the 
residents of the District, that they do not have voting representation 
here, to vote for this measure because it contains with it an expedited 
appeal which will occur on the constitutionality of the legislation.
  With that, I yield the floor.
  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. KYL. Mr. President, I appreciate the comments of the Senator from 
Connecticut--in particular, his comments at the conclusion of his 
remarks about the appropriateness of an expedited appeal. We are both 
very certain of our constitutional judgment on this. We are both 
lawyers. We each come to a totally different conclusion about what is 
constitutional or not. Fortunately, we have the courts to resolve the 
issues. As with previous legislation, we had the good sense to include 
an expedited appeal to the courts so that the issue can be resolved one 
way or the other. I would note there is one thing

[[Page 5508]]

that is needed to effectuate this--to be sure that, as it was in the 
McCain-Feingold legislation, an appeal can be facilitated by ensuring 
pro bono counsel can represent plaintiff in the case.
  Let me also reference a fact that my colleague from Arizona is 
usually quick to point out. He likes to say he is unburdened by a law 
degree. That certainly can be a burden for those of us who have the 
degree, but what he has argued illustrates not only the sensibility of 
our Constitution but also his extensive knowledge of it. I always 
appreciate his point of view on these issues because of his wide-
reaching experience which helps us understand the reasons for the 
constitutional provision. I support the constitutional point of order 
he has raised because I do deeply believe the action the Senate is 
being asked to take here is unconstitutional.
  The creation of a House seat for the District by legislation rather 
than constitutional amendment is what is before us here, and we believe 
that only by constitutional amendment can the additional representation 
be appropriately granted.
  I would like to respond briefly to the comments of my colleague from 
Connecticut. They are all well stated. They are the arguments in 
opposition to the proposition. I referred to a couple of them 
yesterday, but let me refresh those and then discuss one other matter.
  The primary argument of the proponents of the bill is to rely on the 
so- called District clause, which is article I, section 8, clause 17. 
The District of Columbia Circuit Court actually interpreted this clause 
in a case called Neild v. District of Columbia in 1940. What the court 
noted in that case was that the District clause does indeed allow 
Congress to legislate within the District for ``every proper purpose of 
government'' and gives Congress ``full and unlimited jurisdiction to 
provide for the general welfare of citizens within the District of 
Columbia by any and every act of legislation which it may deem 
conducive to that end,'' subject, of course, to the negative 
prohibitions of the Constitution.
  But proponents argue that because the District clause allows Congress 
to do things in the District of Columbia that States themselves cannot 
do, then it must also follow that Congress, with regard--that it must 
also allow Congress to do things with regard to the District that only 
States can do. For example, article I, section 10, of the Constitution 
bars States from doing things such as coining money, entering into 
treaties, and keeping troops. But none of these restrictions apply to 
Congress in the exercise of its power to govern the District.
  Proponents of this bill argue that it follows from this sweeping 
power that Congress may also grant District residents the rights of 
citizenship in a State, including the right to congressional 
representation. But this argument does not follow. Congress has some 
powers in the District that are broader than the powers of a State, but 
this does not mean that every power of a State must also extend to the 
District. States and the District of Columbia are different under the 
Constitution, and each has some rights and powers that the other lacks.
  I note in this regard that the Senator from Connecticut quoted from 
an opinion of Justice Marshall in a very early case in which Justice 
Marshall saw a problem with the commerce clause and, because of his 
view that the District of Columbia was not equivalent to a State, 
invited Congress to solve the problem, which, many years later, as the 
Senator noted, Congress did do. But, of course, what this case stands 
for is the proposition that Justice Marshall, who was there at the time 
and well understood the intent of the Framers, appreciated that he 
could not do it from the bench. He could not say that the District was 
the same as a State and therefore he had the ability to fix the 
problem. That had to be done in another way.
  There is a big difference between those kinds of problems dealing 
with adversity jurisdiction or the commerce clause, and so on, and the 
fundamental status as a political entity, which would change the 
representation of the House of Representatives. Moreover, it would make 
no sense, in the same document where the Framers specifically composed 
the House of Members of the several States and then specifically 
designated the District of Columbia as something other than a State, 
that the Framers then forgot to give the District representation in the 
House. The Framers had the opportunity to provide the District with a 
Representative in the House but, of course, declined to do so.
  The text of the Constitution on this matter is clear. It says 
Congress shall be composed of Representatives from States and States 
alone. Here is the exact wording:

       The House of Representatives 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.
       No person shall be a Representative who shall not have 
     attained to the age of twenty five years . . . and who shall 
     not . . . be an inhabitant of that state in which he shall be 
     chosen.

  And finally:

       [E]ach state shall have at least one Representative. When 
     vacancies happen in the Representation from any state, the 
     executive authority thereof shall issue writs of election to 
     fill such vacancies.

  So any act by Congress purporting to grant a seat in the House of 
Representatives would contradict this plain text and would be 
unconstitutional.
  My colleague from Connecticut also noted that we have, for Americans 
residing abroad, enabled them to vote. But, of course, it is tied to 
their last domestic residence to a State. It is the State to which 
these votes go. So, even in those situations where there has been a 
need to accommodate the fact that Americans are not all residing at 
that moment in a State, we have tied their vote to the State from which 
they have come.
  I mentioned one case, but I would also like to briefly discuss some 
other cases because judicial precedent has accumulated over the years 
and strongly supports the point my colleague from Arizona makes with 
regard to the constitutionality of this legislation.
  In Bolling v. Sharpe, the companion case to Brown v. Board of 
Education, the U.S. Supreme Court expressly recognized that when it 
came to the application of the fundamental constitutional principles, 
the District could not be considered to be the same thing as a State. 
The Bolling petitioners had challenged the constitutionality of racial 
segregation in the DC public schools. The Court held that such 
segregation was unconstitutional in the District, but the Bolling Court 
was very careful to make clear that the District was not equivalent to 
the States and not subject to the same legal strictures.
  Brown v. Board of Education was based on the 14th amendment, which by 
its own terms applied only to the States. Because the District is not a 
State, the Bolling Court reasoned different rules had to apply to this 
case.
  Here is how the Court explained it:

       We have this day held that the Equal Protection Clause of 
     the Fourteenth Amendment prohibits the states from 
     maintaining racially segregated public schools. The legal 
     problem in the District of Columbia is somewhat different, 
     however. The Fifth Amendment, which is applicable to the 
     District of Columbia, does not contain an equal protection 
     clause, as does the Fourteenth Amendment, which applies only 
     to the states.

  So the Court obviously had a dilemma. It went on to reach the same 
result as in Brown v. Board of Education and strike down racial 
segregation, but on different grounds. It was careful to emphasize that 
the law that applies to the District is different because the District 
is not a State.
  Other courts have also emphasized that the District is not a State.
  My colleague mentioned Adams v. Clinton. DC residents there argued 
that they had a constitutional right to elect a Representative to 
Congress but the three-judge district court, examining the text and the 
history, determined that the District is not a State under article I, 
section 1, and therefore the plaintiffs did not have a judicially 
cognizable right to congressional representation.
  In another case from the DC Circuit Court, Michel v. Anderson, the 
court

[[Page 5509]]

affirmed the constitutional principle that Congress cannot grant voting 
rights to citizens of the District. The court considered congressional 
rule changes that will allow Delegates from the District and U.S. 
territories the right to vote in committees and even the committee of 
the whole in the House. Some Members of Congress sued, claiming these 
rules went too far. Although the District of Columbia Circuit Court 
upheld the new rules, it noted that the rules passed constitutional 
muster only because they did not give the essential qualities of 
representation to the Delegates; namely, according to the court, it was 
acceptable to allow the Delegates to participate in deliberations and 
secondary votes--for example, in committees and the committee of the 
whole--as long as their votes would not be decisive in the final vote 
on final passage of the bill. There was a reason for that. The bottom 
line: The District has a voting Representative in the House to the full 
extent that it can be granted by the Congress short of a constitutional 
amendment. At that point, for full representation there would need to 
be a constitutional amendment.
  In a similar vein, in United States v. Cohen, then-Judge Scalia 
explained, again in a DC Circuit Court decision, that the District 
clause ``enables Congress to do many things in the District of Columbia 
which it has no authority to do in the 50 States.'' But Judge Scalia 
went on to emphasize ``[t]hat there has never been any rule law that 
Congress must treat people in the District of Columbia exactly as 
people are treated in the various States.''
  Finally, in Banner v. United States, the DC Circuit, in a panel that 
included now-Chief Justice Roberts, rejected a constitutional challenge 
to congressional legislation that prevents the DC government from 
imposing a ``commuter tax'' on people who work in the District but 
reside in Virginia or Maryland. The Court stated that Congress had 
broad authority to legislate under the District clause but also noted:

       None of this is to say that Congress can legislate for the 
     District without regard to other constitutional constraints.

  And of particular relevance to the present debate, the DC Circuit 
panel stated:

       [T]he Constitution denies District residents voting 
     representation in Congress.

  These cases are all clear, and they all reach either the same result 
or are all based upon the same reasoning. The final constitutional 
argument was also addressed by the Senator from Connecticut. This has 
to do with the 23rd amendment. Let me discuss that.
  When Congress in the past has addressed the District's special 
status, it has acknowledged that status is dictated by the 
Constitution, and it recognized that a constitutional amendment was 
necessary to change the status, as we have just seen. So when Congress 
sought to give the District a vote in Presidential elections, it passed 
the 23rd amendment to the Constitution. When Congress dealt with this 
issue before, it dealt with it correctly. Congress does have the power 
to grant the District representation in the House if it deems that it 
is necessary and desirable. But the proper way to do this is through 
the mechanism that the Framers provided in the Constitution: the 
amendment process in article V.
  Prior to the ratification of the 23rd amendment in 1961, District 
residents could not choose electors for purposes of choosing the 
President and Vice President; but because of this amendment, District 
residents are now able to select electors ``equal to the whole number 
of Senators and Representatives in Congress to which the District would 
be entitled if it were a State, but in no event more than the least 
populous State.''
  Congress thus recognized in the 1960s that it did have the authority 
under the District clause and without amending the Constitution to 
allow District residents to choose Presidential electors.
  The 23rd amendment to the Constitution itself recognizes that the 
District is not a State and cannot be treated as one. First, it ensures 
that the District, even if otherwise entitled by population, may not 
appoint a number of electors greater than that of the least populous 
State. As a consequence, even if the District grew enough in population 
that as a State it would be entitled to three Representatives and two 
Senators, let's say if a smaller State than was not entitled to three 
Representatives existed, the District's electors would be limited to a 
number equal to those of the smaller State.
  Even under the 23rd amendment, for the purpose of selecting 
Presidential electors, the Constitution recognizes that the District is 
not the same as a State and is not entitled to be represented in the 
National Government in the same way.
  So where does that leave us? What is next were we to pass this 
constitutional amendment? There has been an argument made, I think, 
that the proponents of this legislation would perhaps try, for example, 
to extend this to representation in the Senate as well. My colleague 
from Connecticut has said: No, there are totally different historical 
reasons that would not be so. I accept that there are, in fact, 
historical reasons that would preclude us from doing that. But I would 
also suggest the very reasons which caused Congress, the political 
reasons which caused some in Congress to change from the previous 
position--which has also been a constitutional amendment is required--
to a legislative proposal here, would be very likely to occur in the 
future on this particular issue as well. I think the same thing could 
occur with respect to representation in territories, such as the 
Territory of Puerto Rico, for example.
  So if, in fact, today we say, no, that could not possibly be because 
of tradition and the historical understanding, that is not necessarily 
the case given the fact that we have now at least some in this body who 
have thrown over the historical tradition and case law and 
understanding that only by constitutional amendment could the 
Constitution--could there be an amendment to allow the District 
representation.
  So I am going to urge my colleagues to vote against the resolution. I 
am going to urge them to vote to sustain the point of order that my 
colleague from Arizona has made. There is a constitutional issue, and 
we need to be on record as to what we believe to be the correct 
decision. If we believe it is constitutional, then there will be an 
opportunity to express that in this amendment. If we believe it is 
unconstitutional, we will have the opportunity to express that. Many of 
us want to express that proposition.
  At the end of the day, however, as my friend from Connecticut has 
pointed out, the ultimate resolution is not going to be what we believe 
but, rather, what the courts say with respect to the issue. Again, for 
that reason, it is important to have a workable, expedited procedure 
for resolution of this issue in the courts. And I am hopeful we can 
achieve that in the legislation, even should the legislation pass over 
the objections of those of us who disagree with it.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Casey.) The Senator from Vermont is 
recognized.
  Mr. WHITEHOUSE. Would the Senator yield for a unanimous consent 
request?
  Mr. LEAHY. Mr. President, I so yield without losing my right to the 
floor.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that at the 
conclusion of the remarks of the distinguished Chairman I be 
recognized.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LEAHY. Mr. President, the Senate now considers a bill to provide 
voting rights to citizens of the Nation's Capital city. I am proud to 
cosponsor the District of Columbia House Voting Rights Act of 2009. 
This important legislation would end over 200 years of unfair treatment 
to nearly 600,000 Americans living in the District of Columbia, a 
population roughly equal to the size of Vermont, and give them a vote 
in the House of Representatives. Earlier this week, the Senate finally 
broke through the Republican filibuster of this legislation that 
stalled its consideration in the last Congress. That filibuster 
prevented its passage, despite

[[Page 5510]]

the bipartisan support of 57 Senators, a majority of the Senate. The 
vote earlier this week to overcome that filibuster is an encouraging 
step toward guaranteeing all citizens representation in our Government.
  Last Congress, President Bush threatened to veto this bill. This 
time, when the Congress passes this bill, I am confident President 
Obama, who cosponsored and voted for the bill when serving in this body 
as a Senator from Illinois, will sign it into law.
  I commend Congresswoman Eleanor Holmes Norton and Senator Hatch for 
having worked out a voting rights bill for the District of Columbia 
that can and should pass with bipartisan support. The bill we consider 
today would give the District of Columbia delegate a vote in the House 
of Representatives. To remove partisan political opposition, it accords 
Utah an additional vote in the House, as well.
  As a young lawyer, Congresswoman Norton worked for civil rights and 
voting rights around the country. It is a cruel irony that as the 
District of Columbia's longtime representative in Congress, she still 
does not yet have the right to vote. She is a strong voice in Congress, 
but the citizens living in the Nation's Capital deserve her vote on 
their behalf to count.
  I believe this legislation is within congressional power as provided 
in the Constitution. This is not a partisan conclusion. Lawyers from 
across the political spectrum, from Judge Patricia Wald to Kenneth 
Starr and former Assistant Attorney General Viet Dinh, agree that this 
action is constitutional. After careful study, we have all concluded 
that Congress has the constitutional authority to grant voting rights 
in the House of Representatives to the representative of the citizens 
of the District of Columbia.
  Last Congress, the Judiciary Committee held a hearing on this issue, 
and heard compelling testimony from constitutional experts that such a 
bill is constitutional. They highlighted the fact that Congress's 
greater power to confer statehood on the District certainly encompasses 
the lesser action to grant District residents voting rights in the 
House of Representatives.
  Moreover, Congress has often treated the District of Columbia as a 
``State'' for a variety of purposes. Congresswoman Eleanor Holmes 
Norton reminded us that ``Congress has not had the slightest difficulty 
in treating the District as a State, with its laws, its treaties, and 
for constitutional purposes.''
  Examples of these actions include a revision of the Judiciary Act of 
1789 that broadened Article III diversity jurisdiction to include 
citizens of the District, even though the Constitution expressly 
provides that Federal courts may hear cases ``between citizens of 
different States.'' Congress has also treated the District as a 
``State'' for purposes of congressional power to regulate commerce 
``among the several States.''
  The sixteenth amendment, the Federal income tax amendment, grants 
Congress the power directly to tax incomes ``without apportionment 
among the several States'' and that taxing power has been interpreted 
to apply to residents of the District. The District of Columbia car 
license plates or tags remind us every day that District residents 
suffer from ``Taxation Without Representation,'' a battle cry during 
the founding days of this Republic.
  Hundreds of thousands of Americans residing in the District of 
Columbia are required to pay Federal taxes. In fact, the District of 
Columbia residents pay the second highest Federal taxes per capita in 
the Nation, yet residents have no say in how those dollars are spent. 
We must also remember that many who serve bravely in our armed services 
come from the District of Columbia. The brave men and women who defend 
our values and freedoms abroad must also enjoy those same rights here 
at home.
  Opponents of this bill claim that the citizens of the District of 
Columbia do indeed have representation, that they fall under the 
jurisdiction of all 100 Senators and 435 Representatives and are 
sufficiently provided for by Congress. To that argument I say that 
there is no substitute for direct representation in Congress. How many 
of us in either party would be willing to go back to our State and say 
``You do not need your representatives because other States are going 
to represent you?'' I do not believe that would go over well in the 
Commonwealth of Pennsylvania. Chairman Lieberman knows that would not 
go over well in his State of Connecticut. I guarantee you that would 
not go over well in the State of Vermont. Similarly, the citizens of 
the District of Columbia also deserve the chance to elect a 
representative who has not only a voice in Congress, but a vote as 
well.
  Over 50 years ago, after overcoming filibusters and obstruction, the 
Senate rightfully passed the Civil Rights Act in 1957 and the Voting 
Rights Act in 1965. Let us build on that tradition and extend the reach 
and resolve of America's representative democracy. I am pleased that we 
took the first step in overcoming the filibuster of this legislation, 
and I urge all Senators to support the final passage of this bill 
without further delay.
  The PRESIDING OFFICER. The Senator from Connecticut.
  Mr. LIEBERMAN. Mr. President, I ask unanimous consent that a vote on 
the McCain constitutional point of order occur at 2 p.m. today; that 
the 10 minutes immediately prior to the vote be equally divided and 
controlled between Senators McCain and myself or our designees; and 
that no amendments or motions be in order to the constitutional point 
of order.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Arizona.


                           Amendment No. 574

  Mr. KYL. Mr. President, I ask unanimous consent that it be in order 
to consider an amendment at the desk and that the reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The bill clerk read as follows:

       The Senator from Arizona [Mr. Kyl] proposes an amendment 
     numbered 574.

  The amendment is as follows:

   (Purpose: To provide for expedited judicial review for Members of 
                               Congress)

       On page 27, strike line 21 through the end of the bill and 
     insert the following:

     SEC. 8. JUDICIAL REVIEW.

       (a) Special Rules for Actions Brought on Constitutional 
     Grounds.--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 United States District 
     Court 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 United States District 
     Court 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.
       (b) Intervention by Members of Congress.--
       (1) In general.--In any action in which the 
     constitutionality of any provision of this Act or any 
     amendment made by this Act is challenged (including an action 
     described in subsection (a)), any member of the House of 
     Representatives (including a Delegate or Resident 
     Commissioner to the Congress) or the Senate shall have the 
     right to intervene or file legal pleadings or briefs either 
     in support of or opposition to the position of a party to the 
     case regarding the constitutionality of the provision or 
     amendment.
       (2) Court efficiency.--To avoid duplication of efforts and 
     reduce the burdens placed on the parties to the action, the 
     court in any action described in paragraph (1) may make such 
     orders as it considers necessary, including orders to require 
     intervenors taking similar positions to file joint papers or 
     to be represented by a single attorney at oral argument.
       (c) Challenge by Members of Congress.--Any Member of 
     Congress may bring an action, subject to the special rules 
     described in subsection (a), to challenge the 
     constitutionality of any provision of this Act or any 
     amendment made by this Act.


[[Page 5511]]

  Mr. KYL. Mr. President, I understand this amendment has been cleared 
on both sides.
  The PRESIDING OFFICER. Is there further debate?
  Mr. LIEBERMAN. Mr. President, I will not object. I just wish to say 
this amendment is supported not only by myself but the majority leader. 
It adds language to the bill. It is similar language that was in the 
so-called McCain-Feingold bill. So we support the amendment.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 574) was agreed to.
  Mr. LIEBERMAN. Mr. President, I move to reconsider the vote.
  Mr. KYL. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. The Senator from Nevada.


                           Amendment No. 575

    (Purpose: To restore Second Amendment rights in the District of 
                               Columbia)

  Mr. ENSIGN. Mr. President, I ask unanimous consent that the pending 
amendment be set aside so I may call up my amendment, which I have sent 
to the desk.
  The PRESIDING OFFICER. Is there objection?
  Without objection, the clerk will report.
  The bill clerk read as follows:

       The Senator from Nevada [Mr. Ensign], for himself, Mr. 
     Vitter, Mr. Coburn, Mr. DeMint, Mr. Burr, Mr. Wicker, Mr. 
     Thune, Mr. Grassley, Mr. Risch, Mr. Inhofe, Mr. Bennett, Mr. 
     Enzi, Mr. Chambliss, Mr. Isakson, and Mr. Crapo, proposes an 
     amendment numbered 575.

  Mr. ENSIGN. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  Mr. ENSIGN. Mr. President, while we are here debating the 
constitutional implications of this bill, I want to take this time to 
discuss a 30-year constitutional injustice happening right here in 
Washington, DC.
  On June 26 of last year, the Supreme Court issued a landmark ruling 
affirming the second amendment right to bear arms as an individual and 
constitutionally protected right. In District of Columbia v. Heller, 
the Court affirmed that the District of Columbia's ban on ownership of 
handguns was an unconstitutional restriction on that right. Prior to 
this decision, Washington, DC, had enforced the most prohibitive gun 
control laws of any city in the nation. Not only did the District 
prohibit ownership of handguns, it also required that allowed firearms, 
such as rifles and shotguns, be ``unloaded and disassembled'' or 
``bound by a trigger lock.''
  Millions of Americans were supportive of Mr. Heller, who was simply 
wishing to excise his constitutional right to protect himself. 
Recognizing the District's restrictions were not only unreasonable but 
also unconstitutional, the majority of the Supreme Court held that 
``the District's ban on handgun possession in the home violates the 
Second Amendment, as does its prohibition against rendering any lawful 
firearm in the home operable for the purpose of immediate self-
defense.''
  Despite the Court's ruling in June, the District of Columbia City 
Council has continued to exact onerous and unconstitutional firearm 
regulations on law-abiding residents.
  In response to the District's obstruction of the text and spirit of 
the Court's decision, the House of Representatives passed H.R. 6842, 
the National Capital Security and Safety Act. Last year, almost half 
this body joined me in a letter to the majority leader urging prompt 
consideration of this bill, which was denied and the bill died. That 
bill would have unequivocally restored the Second Amendment rights of 
the District residents, and that is why I offer this updated bill as an 
amendment to S. 160 and encourage my Senate colleagues to join me to 
address this real injustice.
  Mr. President, the residents of the District have waited long enough, 
and it is time for us to ensure that they realize their constitutional 
right to bear arms. We must pass this amendment so the Second Amendment 
rights of the citizens of DC are protected.
  This amendment is substantively identical to the bipartisan 
compromise that passed the House last year, with the exception that it 
repeals the 2008 DC anti-gun law that was enacted in the interim, and 
the inclusion of a severability clause. As I said, these are merely 
technical changes to this widely supported bill that 47 of my 
colleagues supported in a letter to the Democratic leader in the 110th 
Congress and two of our new Senate colleagues voted for while they were 
in the House, when it passed by a vote of 266 to 152 including 85 
Democrats.
  These changes were necessary to guarantee the second amendment rights 
to DC residents are adequately protected. Instead of abdicating our 
constitutional duties as a co-equal branch of Government, we should 
enact legislation such as my amendment, to defend and protect the 
constitutional rights of American citizens. It is high time we address 
this real constitutional injustice and adopt my amendment.
  Mr. President, it is high time that we address this real 
constitutional injustice and pass my amendment. According to the Census 
Bureau, Washington, DC, is the 27th largest city, with close to 600,000 
residents. Similarly large cities, however, have not enacted comparably 
restrictive gun laws. For example, both Las Vegas proper and the 
District of Columbia are cities with populations between 500,000 and 
600,000 residents. According to the Census Bureau, in 2007, Las Vegas 
without incorporated areas, was the 28th largest city, just behind DC. 
These cities, however, have very different gun-control laws.
  According to FBI Criminal Justice Information Service Division, in 
2007, the murder and non-negligent manslaughter rates were higher in DC 
than Las Vegas, including all the incorporated areas. When you include 
the incorporated areas, this more than doubles the population count in 
Las Vegas. In fact, if you total all the population of Nevada, DC still 
would reigns in this category. Can you honestly tell me gun control in 
DC has been effective?
  According to the FBI, murder rates in the United States peaked at 
around 10.2 per 100,000 persons in 1980. Despite the strictest gun ban 
in the country, however, murder rates in the District continued to 
climb well into the 1980s and 1990s, peaking in 1996 at about 80.6 per 
100,000--nearly 8 times the average of what the rest of the United 
States had experienced.
  Since then, the murder rate in DC has declined somewhat and is now 
fairly level, following a national trend of decreasing violence. As 
this chart shows, however, the murder rate in DC still remains over 250 
percent higher relative to the 48 largest cities in America.
  Law-abiding, Nevada residents only need to register handguns if they 
live in Clark County, the home of Las Vegas. And then, to do so, they 
simply bring an unloaded handgun to any police substation--unlike the 
District of Columbia's single location--where they receive a cursory 
background check and are given a gun registration card. There are no 
fees or other onerous hurdles to infringe on the Second Amendment 
rights of law-abiding citizens.
  The DC gun registration laws for lawfully permitted firearms are even 
more restrictive than Nevada laws for concealed-carry permits. Yet, I 
repeat, even with a gun ban, DC crime rates are significantly higher. 
Disarming the law-abiding residents of DC has made them easy prey for 
criminals to target. Furthermore, most criminals who use guns get them 
through unregulated channels. According to the Bureau of Justice 
statistics, most criminals get guns via theft or the black market. 
According to the ATF, almost 90 percent are acquired through 
unregulated channels, and the median time between a gun's acquisition 
and its use in a crime is over 6 years.
  Mr. President, it is high time we address this real constitutional 
injustice

[[Page 5512]]

and let DC citizens lawfully defend themselves. I urge my colleagues to 
support my amendment to protect the Second Amendment rights of DC 
residents.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Alaska.
  Ms. MURKOWSKI. Mr. President, first, I wish to thank my colleague 
from Nevada for bringing up this very important issue. Those of us who 
are strong supporters of second amendment rights clearly are looking at 
this issue and appreciate his leadership.
  Earlier this morning, the Senator from Arizona raised a 
constitutional point of order as it relates to the bill before us, S. 
160. I have to admit, I kind of took a step back and said: Well, a 
constitutional point of order--I am not sure I am familiar with that. 
So we went to Riddick's, which is our encyclopedia of Senate 
precedents, and looked up ``constitutional point of order'' and some of 
the history there.
  I was surprised to find that a constitutional point of order was 
raised during the consideration of the Alaska statehood bill.
  I have had an opportunity on the floor, throughout this past year, to 
remind all my colleagues that this year is the 50th anniversary of 
Alaska's statehood and some of the debate that took place on the floor 
of the Senate and the process that we as a State took to gain 
statehood.
  I pulled up the Congressional Record from this debate on the 
constitutional point of order. It is quite interesting, quite 
fascinating, from Alaska's perspective, because the point of order that 
was being discussed was whether section 10 of the Alaska Statehood Act 
violated the requirement that States come into the Union on equal 
footing.
  The argument that was made at the time was that half of Alaska's 
territory would be withdrawn by the federal government, depriving the 
proposed State of Alaska at the time the power to have a uniform system 
of taxation. Alaska's experience seeking voting representation in 
Congress explains why I have taken such great interest in the debate 
over representation for the District of Columbia.
  In Alaska, it was a huge fight--a huge fight--as to whether we should 
become a State. My grandparents on both sides were involved in the 
debate at the time. It was a fight to gain control of our resources. It 
was a fight to determine who had control of our fish. As Alaska 
observes the 50th anniversary of its admission to statehood I reflect 
back on our fight for voting representation in Congress. This is why I 
believe it is so important for the people of Alaska to have voting 
representation in the House of Representatives.
  I appreciate the pleas of the people of the District of Columbia, the 
residents of this very small area, for voting representation within the 
Congress because it was not too long ago those same cries were being 
heard back in Alaska. You have to give the District of Columbia 
government credit for a pretty effective lobbying campaign. I do not 
know of any other place that has used their license plates to tell the 
rest of the country what it is they are asking for: no taxation without 
representation.
  There are significant differences between Alaska's fight for 
statehood and the cause of representation in the House for Washington, 
DC. Alaska, 50 years ago, was a territory. The District of Columbia is 
a different entity, a federal enclave created by our Constitution. Our 
Constitution makes it clear that they are not a State. However, I 
supported cloture on the motion to proceed to S. 160 yesterday because 
I believed it was important that we have this debate on the floor of 
the Senate and that we hear the perspectives being presented, whether 
it is from the Senator from Connecticut or the Senators from Arizona, 
and to allow this issue, which is so important to some 600,000 people, 
to be debated. I represent a State of just a little over 600,000.
  It was back in 1960, June 17, that the Congress approved and sent to 
the States for ratification the 23rd amendment. It was the 23rd 
amendment that extended to the people of the District of Columbia 
representation in the electoral college. It was 285 days later that the 
23rd amendment was ratified by the States. That ratification settled 
the question of whether the people of the District of Columbia should 
have the right to vote for President, and it settled that question 
absolutely conclusively, by way of amendment to our U.S. Constitution.
  I believe the people of the District of Columbia have been without 
representation in the Congress for too long. I have strongly supported 
the view that the people of the District should have voting 
representation in the House of Representatives, but what we have before 
us today, S. 160, does not conclusively resolve the question of whether 
they will.
  We know the question of whether Congress may, by legislation, grant 
the District of Columbia a vote in the House of Representatives has 
been a matter of spirited debate not only here on this floor but with 
constitutional scholars on all sides of the issue. It was our assistant 
majority leader yesterday who observed that S. 160 has attracted--I 
think the words were some strange bedfellows amongst the community of 
constitutional scholars. We have very distinguished individuals such as 
Ken Starr and Viet Dinh who suggest that, in fact, S. 160 is 
constitutional. On the other side, we have an extremely well-respected 
gentleman, Jonathan Turley, who has testified that despite the best of 
motivations, S. 160 is fundamentally flawed on a constitutional level 
and would only serve to delay true reform for District residents. His 
conclusion is that this legislation is facially unconstitutional.
  We also have a review by our nonpartisan Congressional Research 
Service, their assessment and their analysis, and they, too, cast doubt 
on the constitutionality of S. 160. Their report, dated February 17, 
2009, states:

       Although not beyond question, it would appear likely that 
     Congress does not have the authority to grant voting 
     representation in the House of Representatives to the 
     District of Columbia.

  So the key point here is this: I believe the District of Columbia 
deserves representation in the House of Representatives, but S. 160 
does not conclusively resolve the question of whether they will get it.
  I think we have heard on this floor that this is going to lead to 
litigation. The issue, of course, is how do we interpret article I, 
section 2, of the Constitution, which says:

       The House of Representatives shall be composed of members 
     chosen . . . by the people of the several States.

  I don't think there is any dispute amongst the constitutional 
scholars who are out there that the District of Columbia is not a State 
for the purposes of article I, section 2. If the courts shall conclude 
that article I, section 2, of the Constitution means what it says--that 
only the people of the several States can send voting Representatives 
to the House--then basically we start all over. We start all over. We 
start anew with a constitutional amendment on DC representation.
  So I would suggest to the body that what we are engaging in today is 
almost a cruel hoax because what we are doing is we are delaying the 
end of taxation without representation for several more years. What we 
are doing is getting this into the courts. Is that what the people of 
the District are really seeking?
  I think 49 years ago the Congress understood what we needed to do in 
order to provide clarity and to conclusively resolve the issue of the 
District of Columbia with the 23rd amendment. We knew the way to handle 
it was to give the people of the District of Columbia a voice in the 
selection of the President and Vice President, and the route they chose 
to take was the route of a constitutional amendment. They knew then 
that was the proper route to take, and I would suggest that today it is 
the proper route to take to provide for this. This Senator believes 
that is what we owe to the people of the District of Columbia, to get 
it right the first time. Let's resolve this. A constitutional amendment 
passed by the Congress, ratified by the States, settles the matter of 
DC representation conclusively, and S. 160 doesn't.

[[Page 5513]]

  Now, we know the history on this. This was tried once before. A 
constitutional amendment was adopted by two-thirds of both bodies and 
sent to the States for ratification. Unfortunately, only 16 States 
chose to ratify within that 7-year period. So we basically come back to 
start over. I would suggest that is the method and manner we need to 
approach as we try to provide representation for the 600,000 people who 
are residents of the District of Columbia.
  I am prepared to support a constitutional amendment and to work for 
its ratification, and I intend to introduce that constitutional 
amendment today. It will not be part of S. 160. A constitutional 
amendment is a different process, one that is done through joint 
resolution as opposed to a Senate measure or a House measure. I believe 
amending our Constitution will provide justice for the people of the 
District of Columbia, and I look forward to working toward that end.
  With that, I yield the floor.


                 Amendment No. 576 to Amendment No. 575

    (Purpose: To restore Second Amendment rights in the District of 
                               Columbia)

  The PRESIDING OFFICER. The Senator from Oklahoma.
  Mr. COBURN. Mr. President, what is the pending amendment?
  The PRESIDING OFFICER. Amendment 575 offered by the Senator from 
Nevada.
  Mr. COBURN. Mr. President, I ask unanimous consent to offer a 
perfecting second-degree amendment to Senator Ensign's amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report.
  The bill clerk read as follows:

       The Senator from Oklahoma [Mr. Coburn] proposes an 
     amendment numbered 576 to amendment No. 575.

  Mr. COBURN. I ask unanimous consent that the reading of the amendment 
be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  Mr. COBURN. Mr. President, this is simply a perfecting amendment to 
change the date of the actual enactment of this bill.
  I ask unanimous consent to speak for a few moments on the underlying 
bill.
  The PRESIDING OFFICER. The Senator is recognized.
  Mr. COBURN. I will do that for a very short period of time.
  We have heard a lot about the constitutionality of this, but I think 
there is an important point that has not been raised, and I would take 
exception to the fact that this is not a partisan debate. This is about 
whether we really follow this wonderful little document each of us in 
this Chamber has sworn an allegiance to and what it says.
  I wish to quote a legal scholar because I think it leads to a lot of 
common sense. Here is the quote:

       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 the 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.

  I have no doubt that if this present bill is passed, it will be found 
unconstitutional. As my colleague from Alaska stated earlier, if what 
we want to do is change the Constitution, the way to do that is through 
a constitutional amendment and a joint resolution.
  So there is no question that people who are taxed have the right to 
representation, but there is another way to solve that. The best way to 
solve it is to eliminate the tax on the citizens of the District of 
Columbia. I will be offering an amendment this afternoon that will do 
just that.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Alabama.
  Mr. SESSIONS. Mr. President, this is a distressing situation where, 
for some reason, we have abandoned the knowledge we gained in 1977 that 
it takes a constitutional amendment to get representation in the 
Congress for the District of Columbia. There is so much in the 
Constitution that refers to this, but article I--the very first 
article--section 2, says the House of Representatives--that is what we 
are talking about: giving a Member of the House a vote for the District 
of Columbia--shall be composed of Members ``chosen every second year by 
the people of the several States.'' It goes on to say that the 
requirements of a Representative are that they should be--they must be, 
when elected, ``an inhabitant of that state in which he shall be 
chosen.'' The Senate--discussed in section 3--of the United States 
``shall be composed of two Senators from each State.''
  So I know there is politics here, and I hope when the Supreme Court 
reads this debate they look right through it because I don't think it 
is a sound position we are dealing with. I believe Senator McCain has 
rightly raised a point of order as to the constitutionality of this 
bill.
  I wish to make some general remarks.
  I think the legislation is an affront to the Constitution. Professor 
Jonathan Turley, one of the liberal outstanding scholars of the law, 
who has testified before our committee a number of times, testified 
before the House Judiciary Committee recently--this is the language he 
used, and I am sure he would consider himself a Democrat. He said he 
considers this bill to be ``one of the most premeditated 
unconstitutional acts by Congress in decades.''
  Congress cannot, consistent with the Constitution, pass a bill that 
gives congressional voting rights to a non-state without violating the 
plain text of the Constitution. The Framers of our Constitution 
envisioned a Federal city that would not be beholden to any State 
government. The text of the Constitution does not provide anywhere that 
a non-state may have a congressional voting Member. Also, the District 
of Columbia is not a forgotten city. In fact, it receives more Federal 
dollars, per capita, than any State in the United States.
  History is clear that the Framers excluded the District of Columbia 
from having direct congressional representation. Our Founders could 
have placed the seat of the Federal Government within a State--and that 
was discussed--thus ensuring direct congressional representation from 
that city, but they chose not to do so. As James Madison stated in 
Federalist No. 43, there was fear that the State that encompassed the 
Nation's Capital would have too much influence over Congress. It has a 
lot now. The Framers feared that, symbolically, the honor given to one 
State would create ``an imputation of awe and influence'' as compared 
to other States. That is, that the State would have an advantage in 
some fashion.
  Thus, when the Framers of our Constitution considered carefully how 
to treat the Nation's Capital, they provided in the District clause--
article I, section 8, clause 17, of the Constitution--that Congress had 
the power to ``exercise exclusive Legislation in all cases whatsoever, 
over such District.''
  So it gave Congress the legislative power over the District, clearly. 
Congress was, of course, made up of Representatives from States. This 
meant that residents of the District would not have direct 
representation in Congress--they understood that, clearly, from the 
beginning and, indeed, they have never had it--but instead, they would 
have indirect representation and that such direct representation was 
reserved only for the residents of States.
  Second, this bill violates the plain text of the Constitution, as I 
noted. Article 1, section 2 says ``each State shall have at least one 
representative.'' Further, one of the qualifications to be a 
Congressman is to ``be an Inhabitant of that State in which he shall be 
chosen.'' As George Smith, the former senior counsel at the Department 
of Justice's Office of Legal Counsel recently wrote and was published: 
``All told, no fewer than 11 constitutional provisions make it clear 
that congressional representation is linked inextricably to 
statehood.''
  Congress has recognized this fact in years past. In 1977, Congress 
passed a constitutional amendment, which was never ratified by the 
States, but we passed it. It was a constitutional

[[Page 5514]]

amendment that would have given the D.C. residents congressional 
representation. I suppose that was then and this is now. Now we are 
just going to pass a law that doesn't have to have a supermajority in 
Congress or be ratified by the States. That is a lot easier to do. I 
remind my colleagues that while political winds may change, the plain 
text of the Constitution doesn't. The Constitution says only States may 
have congressional representation, and no bill, no mere congressional 
legislation, no law we pass can change that fact. The Constitution is 
the supreme law of the land. Our legislation can't alter the 
constitutional requirements. We can alter the Constitution through the 
amendment process, as has been previously done, to fix this very 
problem.
  Alexander Hamilton, many years ago, wrote:

       The qualifications of the persons who may . . . be chosen, 
     are defined and fixed in the Constitution, and are 
     unalterable by the legislature.

  Finally, the District is not, as I said, forgotten. Its residents 
have indirect representation. All 435 Members of the Congress travel in 
the traffic here, go in and out of the city, and 100 Senators likewise 
do the same. They have done pretty well by way of getting money out of 
the Federal Government.
  One of the Framers' concerns, which Madison articulated, was a fear 
that the ``host'' State would benefit too much from ``the gradual 
accumulation of public improvements at the stationary residence of the 
Government.'' According to the most recent data available, as of 2005, 
the District of Columbia taxpayers received more in Federal funding per 
dollar of Federal taxes paid than any of the 50 States. According to 
the Tax Foundation, for every $1 of Federal tax paid in 2005 by the 
District of Columbia citizens, they received approximately $5.55 in 
Federal spending. This ranks the District the highest nationally by a 
wide margin. For example, New Mexico, which is perceived to be the most 
benefitted State, received $2.03 in Federal spending per $1 of tax 
payments their citizens made. But even that amount is $3.52 less than 
what the citizens of D.C. receive. Perhaps, some would say Madison's 
fear has become a reality, with all the jobs that are here and paying 
good wages--how many of us would love to carve out some of these 
agencies and have them be settled in Birmingham or Baltimore or New 
York? Then that tax revenue would be spent in our States. But it is 
being spent here.
  I am just saying I don't believe the District of Columbia is being 
abused. In fact, they are doing pretty well with taxpayers' money all 
in all. I know the argument that you don't collect property tax on 
Government property and everything, but they are doing pretty well 
under any fair analysis.
  The Framers envisioned a Federal district serving as the National 
Government's home. That district was not to be a State, and the 
District of Columbia was never to be treated as a State. Granting a 
non-state congressional representation and voting rights in the 
Congress of the United States violates the Framers' intent, pretty 
clearly, and the plain language of the Constitution. Congress, as 
Professor Turley notes, ``cannot legislatively amend the Constitution 
by re-defining a voting member of [the House of Representatives].''
  We have all sworn to uphold the Constitution and to defend it. As 
written, this bill violates the Constitution and it will, I predict, be 
struck down by the Court. I think it is going to come back from the 
Court like a rubber ball off that wall. If it doesn't, we are going to 
learn something about the Supreme Court of the United States--something 
we don't want to know. I submit that we cannot in good faith vote for 
this bill without conflicting with our oath to the Constitution. So 
that is why I cannot support it.
  I would just point out a recent case decided November 4, 2005, in the 
U.S. Court of Appeals for the District of Columbia. The panel consisted 
of now-Chief Justice John Roberts; Judge Harry Edwards, appointed by 
President Carter; and Judith Rogers, appointed by President Clinton, 
for whatever that is worth. I hate to even say that because we expect 
our judges to put away partisan activities when they put their robes 
on. So that is just background.
  Basically, the court dealt with an argument over taxes. As part of 
their holding--it is a per curiam opinion; no one judge was considered 
to be the author. They all agreed to this language. They said:

       Congress, when it legislates for the District, stands in 
     the same relation to District residents as a state 
     legislature does to the residents of its own State.

  So we stand in the same position to the people of D.C., as set up by 
our Founders, as the State legislatures do to the people of the States. 
The court also noted:

       Not only may statutes of Congress or otherwise national 
     application be applied to the District of Columbia--

  That is the tax laws--

       but Congress may also exercise all the police and 
     regulatory powers which a state legislature or municipal 
     government would have in legislating for state or local 
     purposes.

  Then the court said:

       This is true notwithstanding that the Constitution denies 
     District residents voting representation in Congress.

  So this panel, in 2005, concluded--all three judges--that the 
Constitution denies District residents voting representation in 
Congress.
  I am not personally of the view that people who voluntarily live 
within the borders of the District of Columbia have to have direct 
congressional representation. I guess it is a matter that we can 
discuss and debate. Arguments on both sides can be made. I simply say 
the matter is conclusively decided by the plain language of the 
Constitution.
  As Mr. Smith says, 11 different places in the Constitution say that 
representation in Congress must come from States. It does not come from 
districts. It does not come from territories. It does not come from 
tribal areas. It comes from States.
  If we would like to change it, maybe we can, but we are bound by the 
laws and our Constitution, and a mere statutory act of this Congress is 
not able to reverse the Constitution. Therefore, I will object to the 
passage of this legislation. I think it is incorrect. I will support 
Mr. McCain's constitutional point of order because I see no other 
rational conclusion.
  As shown by a recent opinion from the District Court of the District 
of Columbia in 2005, the Constitution does not give congressional 
voting rights to residents of the District of Columbia.
  The PRESIDING OFFICER (Mrs. Hagan). The Senator from Maryland is 
recognized.
  Ms. MIKULSKI. Madam President, I rise in support of the DC Voting 
Rights Act. I rise from a new seat, a new chair in the Senate. My desk 
is now moved to the center aisle. I rise from this desk for the very 
first time to speak about a new opportunity to expand democracy. That 
is what the DC Voting Rights Act is--it is about democracy, about 
fairness, and about empowerment.
  The DC Voting Rights Act simply gives the District Representative 
full voting rights in the U.S. House of Representatives. I also want to 
point out to my colleagues that this is not only about the District of 
Columbia, but this is also about Utah. What this legislation does, in a 
sense of fairness and parity, is grant a seat to the District of 
Columbia and an additional seat to Utah. What we are doing is trying to 
adjust, without amending the Constitution, wrongs that need to be 
righted. The DC Voting Rights Act gives the District Representative 
full voting rights in the House of Representatives.
  Right now, the District of Columbia is represented--and I might add 
very ably--by Congresswoman Eleanor Holmes Norton, a distinguished 
public servant. She is called a Delegate to Congress. We call her 
Congresswoman. When she moves around her great area, she is also called 
that. What is she allowed to do? One, she is able to have a voice. That 
is important. So the people of DC do have a voice. But in Congress, a 
voice also usually means a vote. That is where it doesn't work the way 
we think it should. She is able to vote in her committee, but she is 
not able to vote on the House floor. We think that

[[Page 5515]]

is wrong. We think she should have a voice and we think she should have 
a vote.
  The residents of the District of Columbia are the only residents in a 
democratic country in the capital city who do not have a vote in 
determining the fate and direction of the Nation.
  What we have essentially done is disempower the over 600,000 
residents of the District of Columbia. Yet we do not disempower them 
when we call them to serve for war. The District of Columbia, through 
its National Guard, has served ably and willingly. Yet even though they 
go to fight for the entire United States of America and they are sent 
to war by the Congress of the United States, they have no voice, no 
vote in the direction of their own country. This is not right.
  DC residents go by the same rules and laws as the United States of 
America. They pay taxes. They pay, by the way, Federal taxes because 
they see themselves as part of the Federal Government. But the Federal 
Government does not see that they have full representation. I wish 
sometime we could have those DC residents who fought in wars in the 
balconies. They fought through the National Guard, and they fought 
through the regular military. They have fought and they have died, most 
recently in Iraq and Afghanistan. But when they come home, they are 
treated like second-class citizens. I don't think that is right.
  I also happen to believe if you pay taxes--there was a famous patriot 
who said: If you pay taxes, you should have representation. If it was 
good enough for Patrick Henry and Patrick Kennedy, it should be good 
for us. If you pay taxes to the Federal Government, your representative 
should have a vote in the Congress of the United States. That is what 
we want to do today.
  When we think about all the major issues that are debated in 
Congress--the economy, health care, education, the direction of our 
national security--these issues affect the residents of the District of 
Columbia the same way they affect Maryland or Virginia or Texas or 
Alabama or North Carolina. Yet the DC residents do not have a vote on 
these issues.
  How would you feel, Madam President, if you did not have anyone 
representing you on those issues or if your Congresspeople could have a 
voice but not a vote? I think the District of Columbia deserves this, 
and they have been waiting a very long time. The District of Columbia 
has been waiting for this for 200 years.
  Last year when we tried, we fell three votes short. But we are in a 
new day in Washington, and I hope this new day will be new democracy, 
the expansion of democracy. We love to expand democracy around the 
world. Let's expand democracy to the District of Columbia.
  The District of Columbia has been made the target of congressional 
pet projects. We often shove ideas at them. We undo what they often 
want to pass for themselves. We think they should be able to have a 
vote to exercise the direction both for themselves and for the Nation.
  Currently, DC residents are represented by a delegate. This would 
give full voting power in the House of Representatives. It would give 
Utah one additional representative. This solution is fair, it is 
nonpartisan, and it will enfranchise 600,000 District of Columbia 
residents and also enfranchise the State of Utah to have one additional 
representative that they barely missed in a census that was flawed in 
many ways.
  I stand today as a friend and neighbor to the people of the District 
of Columbia. We in Maryland live next door to the District. Many of the 
constituents I represent, the sons and daughters live in Maryland, the 
moms and dads continue to live in the District of Columbia. I know 
their fierce devotion to this country, the fact that they are proud to 
be residents of the Capital of the United States of America. They love 
doing their duty by participating in their community, by paying their 
taxes, and going to war, if necessary. But they believe participation 
and taxation should have representation. I believe like they do; we 
should give it to them and give it to them this week in this Senate. 
The time is now.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Texas.
  Mr. CORNYN. Madam President, when we are sworn in to the Senate, we 
raise our right hand, put our left hand on the Bible, and swear to 
uphold the Constitution and laws of the United States. That is why I am 
very troubled and concerned that those of us who have taken that sacred 
oath to uphold the Constitution would, in fact, purport to violate the 
Constitution by passage of S. 160, the DC voting rights bill.
  This bill, at various times, has been called the DC voting rights 
bill; at other times it has been called the DC statehood bill. Of 
course, DC is not a State, but DC would have to be a State under the 
Constitution to get the voting Member of the Congress for which the 
proponents of this legislation are calling.
  By the way, if DC is a State for the purpose of creating a district 
for a Member of Congress, why would not DC be a State for the purpose 
of having two U.S. Senators? Of course, even the proponents of this 
legislation know that would be a bridge too far, but this is the first 
incremental step to considering the District of Columbia as a State 
entitled, they say, to a Member of Congress, as well as two Members of 
the Senate.
  I believe this legislation is unconstitutional. There is a 
constitutional way to do it, but the proponents of this result have 
found that to be a tough row to hoe, to pass a constitutional 
amendment. So now they have come back trying to do it the so-called 
easy way but in a way that violates the Constitution and, I would say, 
cannot be reconciled with the oath that each of us takes.
  I know it is common to say the courts will fix it. We ourselves have 
a duty to pass only legislation that we believe is truly 
constitutional. For us to say we have the votes now, as some of my 
colleagues have indicated, we have the votes to do it, but let's not 
pay attention to the constitutionality of it I think is a very serious 
mistake.
  We all sympathize with the desire of the residents of the District of 
Columbia to be represented in Congress. But as I said, there are 
constitutional ways to do this, and this legislation is not a 
constitutional way to accomplish that goal.
  I don't know how the constitutional limitation or, indeed, the 
prohibition to passing this legislation and expecting it to be enforced 
could be more plain. Of course, the Constitution in article I, section 
2, limits House seats to States alone. The District of Columbia is not 
a State and, therefore, the District of Columbia may not have a House 
district and be represented by a voting Member of the House of 
Representatives.
  I am not asking anybody to take my word for it. Let's just look at 
the text of the Constitution.
  The text of the Constitution repeatedly and clearly limits 
representation in the House of Representatives to the States. The 
apportionment of Representatives is governed by section 2 of the 14th 
amendment, which provides: ``Representatives shall be apportioned among 
the several States.''
  As I mentioned a moment ago, article I, section 2, of the 
Constitution establishes the House of Representatives and governs its 
membership. Each of that section's first four clauses specifies 
States--not cities, not the District of Columbia--as those entities 
that are entitled to representation in the House.
  The first clause provides that Representatives are chosen ``by the 
People of the several States.''
  The second clause provides that a Representative must be ``an 
inhabitant of the State in which he [or she] shall be chosen.''
  The third clause says that ``each State shall have at least one 
Representative.''
  The fourth clause specifies that ``when vacancies happen in the 
Representation from any State,'' the Governor of that State shall call 
an election.
  Article I, section 4, of the U.S. Constitution provides that rules 
for the elections of House Members ``shall be

[[Page 5516]]

prescribed in each State by the Legislature thereof. . . .''
  Just as the text of the U.S. Constitution makes plain that only 
States are to be represented in the House of Representatives, it is 
equally clear the District of Columbia is not a State for purposes of 
such representation.
  Article I, section 8, of the Constitution specifies that the Federal 
Government ``District,'' the District of Columbia, was to be formed 
``by Cession of particular States.'' This provision distinguishes 
between States and the Federal District in which we are presently 
located formed by cession of the States.
  If that is not enough--the plain text of the Constitution--then I 
think all we need to do is look back at the 23rd amendment of the 
Constitution, where the proponents of this result actually tried to do 
it the right way. The 23rd amendment to the Constitution, which granted 
the District of Columbia Presidential electors, gives the District of 
Columbia the number of electors it would be entitled to if it were a 
State. This constitutional text presupposes that the District is not a 
State, as that term is used in the Constitution, for purposes of 
apportioning Representatives, Senators, and electors.
  In short, the text of the Constitution could not be clearer, that 
Members of Congress are to be elected only from States and that the 
District of Columbia is not a State.
  One may be asking why would we be having this debate 230-something 
years since this country was founded. It has been understood and, 
indeed, has been the uninterrupted practice and precedent of our 
Republic that people have regarded the District of Columbia not as a 
State and not entitled to a Member of the House. Otherwise, why would 
this just be coming up now? From the founding until recently, the 
evidence shows it was understood that a constitutional amendment would 
be required to give the District a voting seat in Congress. Of course, 
since the founding, the District has never been granted a voting seat 
in Congress. Representation has been apportioned in accordance with the 
constitutional provisions I have cited every 10 years since 1790. In 
other words, every 10 years we have a census, and every 10 years 
Congress apportions seats in accordance with these constitutional 
provisions, every 10 years since 1790. Never in the history of this 
country has a Congress or a President acted on the belief or on the 
theory that they had the power somehow to apportion a Representative to 
the District of Columbia.
  Indeed, the Framers of the 23rd amendment clearly thought that 
granting the District Presidential electors, as I mentioned a moment 
ago, required a constitutional amendment. Similarly, in 1977, Congress 
passed a constitutional amendment that would actually have given the 
District residents what they seek by this act of legislation. At least 
at that time, the consensus of Congress was a constitutional amendment 
was required.
  If the Framers of the 23rd amendment or the authors of the DC voting 
rights amendment believed they could have achieved their ends by mere 
legislation alone without submitting themselves to the admittedly 
difficult process of constitutional amendment, don't you think they 
would have done so? Clearly, they would have done so.
  Furthermore, the Federal courts have long interpreted the word 
``State'' in section 1 of the 14th amendment to exclude the District of 
Columbia. Thus, due process, equal protection, and other constitutional 
challenges to District laws, such as in the recent Heller case--that 
was the DC gun rights case--are brought under the Bill of Rights rather 
than the fourteenth amendment that would incorporate the Bill of Rights 
and apply them to the States.
  If the District of Columbia is not a State for purposes of section 1 
of the 14th amendment, it seems odd to argue it is a State for purposes 
of section 2 of the 14th amendment in the very next sentence of the 
U.S. Constitution.
  The history of our first two centuries under our Constitution 
demonstrates an uninterrupted consensus by all three branches of 
Government that the District could not be represented in Congress 
without a constitutional amendment. Why Congress would even consider 
passing a piece of legislation that is going to be challenged in the 
courts and ultimately be decided by the U.S. Supreme Court--and I am 
predicting here today they will say this is an unconstitutional act by 
the very same Federal officials who have taken an oath to uphold and 
defend the laws and Constitution of the United States--why we would do 
this is baffling to me.
  So why could anyone think a bill such as this might actually be 
upheld? Well, there was a clever lawyer, as there frequently is behind 
novel legal theories. It was not until 1991, shortly after the 
Constitution's bicentennial, that a clever law student first advanced 
the argument that Congress could create a Representative for the 
District of Columbia through simple legislation. Legislation purporting 
to do that was first introduced in 2004. This novel legal theory lacks 
merit, as I have argued, and cannot overcome the weight of textual and 
historical evidence that would all but declare that this bill is 
unconstitutional.
  Supporters of this theory cite the District clause of the 
Constitution that gives Congress power to ``exercise exclusive 
legislation in all cases whatsoever'' over the District. Because the 
District is not a State, it doesn't have a State legislature, and so 
Congress is given that authority under the Constitution. This plenary 
power, it is argued, gives Congress unfettered power to determine the 
District's representation in Congress.
  But this power cannot be used in any kind of logical way to vitiate 
the carefully crafted apportionment of representation elsewhere in the 
four corners of the Constitution. By the logic of the act's supporters, 
Congress would exercise unlimited plenary power to repeal freedom of 
speech in the District or give the District 436 representatives in the 
House and 101 Senators.
  The absurdity of this argument is highlighted by the fact this 
District clause goes on to give Congress the same plenary power--``Like 
Authority''--over Federal institutions such as, ``Forts, Magazines, 
Arsenals, dock- Yards, and other needful Buildings,'' in the quaint 
language of the Constitution. But surely this does not mean that on the 
basis of the District clause Congress can grant a vote in Congress to a 
federal dockyard or an arsenal. It doesn't make any sense.
  Congress should not adopt an overly aggressive or overly expansive 
role of its powers under one section of the Constitution that allows it 
to violate--somehow magically--the clear language and intent of other 
provisions of the same Constitution. Like all of Congress's powers, the 
District clause is limited by the context and the rest of the same 
Constitution.
  As the Supreme Court of the United States first noted back in the 
early 19th century in Marbury v. Madison, and has continually affirmed 
throughout our history, if Congress could alter the Constitution's 
meaning through mere legislation, then the Constitution would cease to 
be ``superior, paramount law, unchangeable by ordinary means.''
  On another note, having argued from a historical perspective, and 
from the text of the Constitution the historical practice, the 
political impact of what the Senate is being asked to do--aside from 
these constitutional concerns--we need to look at the impact of this 
legislation on the size of congressional delegations in all other 
States after the 2010 census and beyond.
  As I noted earlier, every 10 years we recalculate how many seats will 
be available to the U.S. House of Representatives from each State, 
since there is a fixed number. Of course now it is 435. Because of 
that, every 10 years some States are winners and some States are 
losers. High population growth States, such as my State--Texas--are 
likely to get as many as three new congressional seats after the next 
census. This bill would change the list of winners and losers after the 
2010 census and for every census thereafter.
  Think about this, colleagues: Some States clearly are going to lose a 
seat or two in Congress after the 2010 census. Just as my State will 
gain up to

[[Page 5517]]

three seats, there will be other States that will lose a seat because 
of population shifts in our country. There are other States that are 
not clear winners or clear losers but are on the bubble. I ask my 
colleagues to consider what they are doing to the interests of their 
State before they vote on this bill. It could be that by voting for 
this legislation some Senators will be putting their States on the 
bubble now and for decades to come.
  Now, what does that mean? Well, let me ask this question: Do you want 
to explain to your constituents that your State must lose a seat after 
the census so the District of Columbia can gain a seat by this 
legislation? Are Senators going to vote for a bill that might mean 
their State would receive one less congressional district after the 
next census, because they want the District to have one? Do you want to 
explain to your constituents that you would have had another seat after 
the census, but instead you are going to have the same number and the 
District of Columbia is going to grow by an additional seat as a result 
of your vote on this legislation?
  The increase in House membership from 435 to 437 disguises this 
issue, but only if you are not paying very close attention. Think about 
this: If the membership of the House had been 437 after the 2000 
census, which States would hold those two seats today? The answer would 
be Utah and New York. So New York is a big loser in this bill because 
we are expanding membership in the House without giving New York the 
seat its people deserve based on the current law.
  We don't know which State will be the biggest loser after 2010. If 
the current census projection holds, it is likely to be New Jersey or 
Oregon. The fact is we don't know which State would be entitled to that 
437th seat if it weren't awarded to the District of Columbia by this 
legislation. But we do know this: There will be winners and there will 
be losers. And there will be a new loser every 10 years after this bill 
passes if it is not struck down, as I predict it will be, by the U.S. 
Supreme Court.
  The ultimate impact of this bill on our representation in the House 
of Representatives is unclear, but I believe the bill's lack of 
constitutional foundation is clear. For that reason, I believe Senator 
McCain's constitutional point of order should be sustained.
  I will close where I started: Each of us, as U.S. Senators, has taken 
a sacred oath to uphold the laws and Constitution of the United States. 
So how, under any interpretation, would we vote to pass a law that is 
so clearly unconstitutional? Why is it that Congress would totally 
abdicate its responsibility in considering legislation to determine 
whether it is constitutional or not and to kick that responsibility 
over to the Federal courts?
  I believe all of us--Members of the House, Members of the Senate, 
Federal judges, the President of the United States--have a 
responsibility to uphold the laws and the Constitution of the United 
States. And if this Senate passes this clearly unconstitutional 
legislation, it will have violated its sacred oath to uphold the 
Constitution, in my humble view.
  I yield the floor, and I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. HATCH. Madam President, I ask unanimous consent the order for the 
quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. HATCH. Madam President, my friend from Arizona, Senator McCain, 
this morning raised what he called a constitutional point of order 
about S. 160. I would like to just respond to a few of his arguments.
  He is my friend, and I appreciate his leadership in this body. I 
appreciate the fact that he went through this great campaign and 
asserted such influence but also such dedication to this country. I 
have appreciated his dedication to our country ever since I met him. 
But I do have some comments to make about his constitutional point of 
order.
  The Senator from Arizona said that this bill is obviously, plainly, 
and blatantly unconstitutional because the District is not a State.
  For him, the constitutional debate apparently begins and ends with a 
single word.
  As I said on Tuesday, however, noting that the District is not a 
State is a factual observation; it is not itself a constitutional 
argument.
  It is a premise, not a conclusion.
  There are many other factors to consider in order properly to answer 
the constitutional question.
  The Senator from Arizona is entitled to answer that question however 
he choose, but I believe it is necessary to at least consider the 
factors relevant to the answer.
  I, for one, have not avoided the constitutional issue.
  I have confronted the issue directly.
  I have testified about it before the Senate Homeland Security 
Committee.
  I have spoken about it on this floor.
  I have written and published an extensive article about the issue.
  I have sent that article to my colleagues, including to the Senator 
from Arizona.
  I do not demand, or even expect, that my colleagues necessarily agree 
with me on this issue, but I would like to hear at least an attempt to 
respond to those arguments.
  America's founders, those who wrote the Constitution we are talking 
about, passed legislation allowing Americans living on the land ceded 
for the District to vote in congressional elections. They did that.
  That land was no more a State in 1790 than the District is today.
  Those Americans did not live in a State.
  I do not understand why treating District residents today as if they 
lived in a congressional district is constitutionally different than 
treating them in 1790 as if they lived in Virginia or Maryland.
  No one argued in 1790 that doing so was unconstitutional.
  It seems to me that the Constitution would have been, if anything, 
even more clear and plain to its own drafters in 1790 than it is to us 
Senators here today.
  Congress has provided, by legislation, that Americans living abroad 
can vote in congressional elections.
  They do not live in a State.
  They do not even live in America.
  I would like to hear from the Senator from Arizona why Congress can 
provide voting rights for Americans living in other countries but 
cannot provide voting rights for Americans living in this country.
  If it were so obviously, plainly, and unequivocally obvious that the 
word ``States'' in the Constitution can never include the District, 
then the Supreme Court would not have ruled that the authority of 
Congress to regulate interstate commerce applies to the District.
  The Supreme Court would not have ruled that the sixth amendment right 
to a speedy and public trial in the State where a crime was committed 
applies to the District.
  The Supreme Court would not have ruled that Congress can extend to 
the District Federal Court jurisdiction over lawsuits between citizens 
of different States.
  The Supreme Court would not have held that the apportionment of taxes 
among the States applies to the District.
  The Supreme Court would not have upheld Congress's authority to 
implement in the District the fourteenth amendment's commands regarding 
the States.
  The Supreme Court has indeed held all these things.
  If Congress could not provide for the District the House 
representation the Constitution gives to the States, the Supreme Court 
would not have affirmed a decision saying that such a goal could indeed 
be pursued in the political process.
  I assume the Senator from Arizona is aware of these and many other 
similar decisions over the past two centuries.
  He is certainly entitled to believe that all of these decisions were 
wrongly decided.
  But, with respect, rather than simply repeating the word States, he 
should at

[[Page 5518]]

least attempt to explain why those decisions are all wrong or, in some 
way, are different than the issue before us now.
  And, again with respect for my colleague whom I admire, these Court 
decisions establish that the Senator from Arizona is simply incorrect 
when he says that courts have consistently ruled that the word States 
excludes the District.
  The Senator from Arizona also asked why territories would not be 
entitled to the same congressional representation as the District.
  As the Senator himself acknowledged, however, the District is an 
entirely unique entity in America.
  America's founders intended that the District permanently to be a 
jurisdiction separate from State control.
  It should remain that way.
  Territories, in contrast, are jurisdictions which can, and in some 
cases are intended to, become States.
  I am unclear why the Senator from Arizona included this argument in a 
constitutional point of order because it is not a constitutional 
argument.
  It is instead a political argument, and it has been raised and 
addressed before.
  My friend from Arizona also questioned whether Utah is included in 
this bill.
  As the Senator from Connecticut explained, both before and after the 
remarks of the Senator from Arizona, the House of Representatives must 
have an odd number of Members.
  One will go to the District, and the other to the State which would 
have next qualified for one under the 2000 census.
  As such, this decision was, as the Senator from Arizona said it 
should be, based on census data.
  It is not, as he alleged, simply an arbitrary, irrational, backroom 
partisan political deal.
  This debate about what the Constitution allows Congress to do is 
important and worthwhile.
  I believe the constitutional foundation of this bill is more than 
sufficiently solid to justify voting for this bill and I hope my 
colleagues will.
  I hope my colleagues will vote down this constitutional point of 
order which I think is not justified under either the Constitution or 
under our rules.
  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. GRASSLEY. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. GRASSLEY. Madam President, I ask unanimous consent to speak as in 
morning business for 6 minutes.
  (The remarks of Mr. Grassley pertaining to the introduction of S. 474 
are printed in today's Record under ``Statements on Introduced Bills 
and Joint Resolutions.'')
  The PRESIDING OFFICER. The Senator from Connecticut is recognized.
  Mr. LIEBERMAN. It is fortuitous that I happened to be on the Senate 
floor managing the DC Voting Rights Act. But I take this opportunity to 
thank my friend from Iowa for this introduction of this legislation.
  It is consistent with not only the actions that I have been 
privileged to be involved with him on but what our committee has stood 
for. We will give it a thorough review and, hopefully, we will be able 
to bring it forward. Senator Akaka is a very active and senior member 
of our committee. I am sure his advocacy will help a lot in moving the 
legislation forward. I thank my friend from Iowa for introducing this 
legislation.
  The PRESIDING OFFICER (Mr. Cardin). Under the previous order, the 
first 10 minutes prior to the 2 p.m. vote are equally divided and 
controlled by the Senator from Connecticut, Mr. Lieberman, and the 
Senator from Arizona, Mr. McCain.
  Mr. LIEBERMAN. Mr. President, I believe the distinguished Senator 
from West Virginia, Mr. Byrd, is going to speak in support of the point 
of order Senator McCain has raised.
  The PRESIDING OFFICER. The Senator from West Virginia.
  Mr. BYRD. Mr. President, I oppose S. 160, the District of Columbia 
House Voting Rights Act. I must--in other words, I have to--review and 
renew my objections to legislation of this kind. I have to speak and 
speak loudly--can you hear me--to its flaws, as I have done when 
similar erroneous attempts have been made to amend the Constitution 
with legislation.
  As I have said previously, my quarrel is not with the intent of the 
legislation but with the vehicle with which the Congress is seeking to 
effect this change.
  What does the Constitution say? Article I, section 2, of the 
Constitution says--now listen:

       The House of Representatives shall be composed of Members 
     chosen every second Year by the people of the several States 
     . . .

  The Constitution does not include the residents of the District of 
Columbia in this context as a State.
  We know--or we ought to know--from our history books that our 
Founding Fathers sought out a Federal city that would not have to rely 
upon the protections of any one State. Their vision, the vision of the 
Founding Fathers, a center of government apart from the States, is seen 
in the distinction made in article I, section 8, between the ``States'' 
and a ``District.'' Therefore, under the Constitution, the District is 
not a State. Consequently, a constitutional amendment is required to 
give the District's citizens voting representation in Congress. This is 
the step that ought to be taken. It is the step I have consistently 
supported. As far back as 1978, as the majority leader of the Senate, 
this body, I--let me identify myself: Robert C. Byrd--spoke in support 
of and voted for H.J. Res. 554, a joint resolution that proposed 
amending the Constitution to provide for representation of the District 
of Columbia in Congress. Where is that? Here.
  Every Member of this Senate ascribes to the underlying tenet of our 
system of government; namely, that the Government of the United States 
of America serves only by the consent of its citizens, as expressed 
through their elected representatives. That is us, their elected 
representatives. Every Senator seeks the goal of upholding and 
perfecting our representative form of government, but the difference 
lies in how we seek to effect those rights.
  I contend that this is no way to go about doing it. While the goal in 
this case is laudable, it is a dangerous course on which we embark. 
Simply passing a law that grants voting rights to an entity that is not 
a State is plainly circumventing the Constitution. As John Adams noted: 
``Facts are stubborn things.'' Let me say that again. This is John 
Adams talking now, not Robert C. Byrd. ``Facts are stubborn things.'' 
That is right, I may say to the Senator.

       Facts are stubborn things; and whatever may be our wishes, 
     our inclination, or the dictates of our passions, they cannot 
     alter the state of facts and evidence.

  So I say this imperfect method of legislation employed to amend the 
Constitution has already been met with swift opposition and solid 
opposition. The text of the legislation anticipates that very outcome 
by providing for the Court's expedited review. And legal challenges 
will surely come quickly--don't doubt it--calling into question the 
validity of this legislation, and the fate of the District's long-
sought voting rights will be further bogged down in a swamp--a swamp--
of litigation.
  Providing voting rights for the District through a constitutional 
amendment would provide the clarity and the constitutionality needed 
and would also avoid the path of litigation. Anything short of a 
constitutional amendment will be insufficient and will certainly set a 
dangerous precedent.
  While it is indeed an arduous task to amend the Constitution, and 
rightly so, thank heavens, something so critical as representation in 
the House for the people of the District of Columbia compels it. 
Shortcuts have no place here. In this instance because of litigation, 
any shortcut, so-called, may turn out to be the long cut, the long way 
home for the very deserving, long-suffering people of the Capital City 
of this country, Washington, DC.

[[Page 5519]]

  I will support the point of order raised by Senator McCain against 
the underlying bill, as it addresses this most crucial issue.
  I thank the distinguished, very able Senator. I thank the Chair and I 
yield the floor.
  The PRESIDING OFFICER. The Senator from Connecticut.
  Mr. LIEBERMAN. Mr. President, during the remarks we have just been 
privileged to hear, the Senator from West Virginia said: ``I--let me 
identify myself: Robert C. Byrd.'' May I say, there was no need for 
that identification. There is only one Robert C. Byrd. And may I add, 
it has been an honor to serve with you now for 20-plus years, to learn 
from you, to respect your love of the Senate, of the Constitution, and 
to hear you deliver the remarks that you have just delivered.
  Mr. BYRD. It has been my honor, my dear friend.
  Mr. LIEBERMAN. Thank you, sir.
  In the spirit of your history of great debate, I nonetheless, and 
with total respect, rise to oppose the point of order brought forth by 
the Senator from Arizona.
  We have here a contest between two provisions of our great 
Constitution. The Senator from Arizona and the Senator from West 
Virginia rely on the provisions of article I, section 2, clause 1 that 
says the House Members be chosen by the people of the several States. 
Those of us who support the measure before us, S. 160, rely instead on 
article I, section 8, clause 17, the so-called District clause.
  It is true the Constitution does require that House Members be 
elected by the people of the several States. But it is also true 
Congress has repeatedly not applied that language literally. To fully 
protect the interests of people living in the Capital City, the Framers 
gave Congress extremely broad authority over all matters related to the 
Federal District under the so-called District clause I have referred 
to.
  Here is where the courts have spoken exactly to where we are now. The 
courts have said this clause, the District clause, gives Congress 
extraordinary and plenary power over the District of Columbia and, more 
to the point, have upheld congressional treatment of the District as a 
State for very important purposes of diversity jurisdiction and 
interstate commerce.
  Article III, for instance, of the Constitution provides that courts 
may hear cases ``between Citizens of different States.'' The Supreme 
Court actually initially ruled under this language that residents of 
our Nation's Capital could not sue residents of other States in Federal 
courts. But in 1940, Congress said that was wrong and asked that 
residents of the District be treated as a State for that purpose, a law 
that was upheld in the case of DC v. Tidewater Transfer Company of 
1949.
  The Constitution also allows Congress to regulate commerce among the 
several States. That is the language of the Constitution, which 
literally would exclude the District of Columbia and make it impossible 
for its residents to enjoy all the protections adopted under the 
Commerce clause. But Congress's authority to treat the District as a 
State for Commerce clause purposes was upheld in the case of 
Stoughtenburg v. Hennick.
  So what we are asking for has constitutional precedent. More to the 
point, ultimately, or as much to the point, is the underlying reality 
that the Senator from West Virginia and the Senator from Arizona speak 
to eloquently, which I presume all of us share, which is, it is an 
outrageous injustice that 600,000 residents of America who happen to 
live in our Capital City do not have any voting representation in 
Congress.
  Final point. The legislation before us presumes that there will be a 
legal challenge to its constitutionality, and that will be decided 
under the expedited procedures provided for in this legislation, in 
wording almost exactly similar to that provided in the so-called 
McCain-Feingold landmark campaign finance reform legislation. The 
Supreme Court will decide.
  So if you feel the status quo is unjust, I still urge you to vote for 
this legislation, even if you wonder about the constitutional basis of 
it because ultimately that is the judgment of one of the other two 
branches of our Government that the Supreme Court will decide. 
Therefore, I respectfully ask my colleagues to vote no on the point of 
order.
  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. McCAIN. Mr. President, I am aware that the hour has expired. I 
ask unanimous consent for 30 seconds.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Arizona is recognized.
  Mr. McCAIN. Mr. President, I cannot add to the persuasive argument 
presented by the most respected Member of the Senate on constitutional 
matters and other matters. I thank Senator Byrd for his opinion. I 
thank him for his many years of service. I know all of us, however we 
vote on this issue, respect and admire his views. Thank you, sir.
  Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The question is on agreeing to the constitutional point of order 
raised by the Senator from Arizona, whether it is well taken. The yeas 
and nays have been ordered. The clerk will call the roll.
  The bill clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Massachusetts (Mr. 
Kennedy) is necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 36, nays 62, as follows:

                      [Rollcall Vote No. 67 Leg.]

                                YEAS--36

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

                                NAYS--62

     Akaka
     Baucus
     Bayh
     Begich
     Bennet
     Bingaman
     Boxer
     Brown
     Burris
     Cantwell
     Cardin
     Carper
     Casey
     Collins
     Conrad
     Dodd
     Dorgan
     Durbin
     Feingold
     Feinstein
     Gillibrand
     Hagan
     Harkin
     Hatch
     Inouye
     Johnson
     Kaufman
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lugar
     McCaskill
     Menendez
     Merkley
     Mikulski
     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

                             NOT VOTING--1

       
     Kennedy
       
  The PRESIDING OFFICER. On this vote, the constitutional point of 
order is not well taken.
  Mr. LIEBERMAN. Mr. President, I move to reconsider the vote, and I 
move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. LIEBERMAN. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. THUNE. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Merkley). Without objection, it is so 
ordered.


                           Amendment No. 579

  Mr. THUNE. Mr. President, I call up my amendment that is at the desk, 
and I ask for its immediate consideration.
  The PRESIDING OFFICER. Is there objection to setting aside the 
pending amendment?
  Without objection, it is so ordered.
  The clerk will report.
  The legislative clerk read as follows:

       The Senator from South Dakota [Mr. Thune], for himself, Mr. 
     Vitter, Mr. Grassley, Mr. Wicker, Mr. Coburn, Mr. DeMint,

[[Page 5520]]

     Mr. Inhofe, Mr. Bennett, Mr. Enzi, and Mr. Risch, proposes an 
     amendment numbered 579.

  The amendment is as follows:

(Purpose: To amend chapter 44 of title 18, United States Code, to allow 
    citizens who have concealed carry permits from the State or the 
 District of Columbia in which they reside to carry concealed firearms 
  in another State or the District of Columbia that grants concealed 
carry permits, if the individual complies with the laws of the State or 
                       the District of Columbia)

       At the appropriate place, insert the following:

     SEC. ___. RESPECTING STATES RIGHTS AND CONCEALED CARRY 
                   RECIPROCITY ACT OF 2009.

       (a) Short Title.--This section may be cited as the 
     ``Respecting States Rights and Concealed Carry Reciprocity 
     Act of 2009''.
       (b) Reciprocity for the Carrying of Certain Concealed 
     Firearms.--
       (1) In general.--Chapter 44 of title 18, United States 
     Code, is amended by inserting after section 926C the 
     following:

     ``Sec. 926D. Reciprocity for the carrying of certain 
       concealed firearms

       ``Notwithstanding any provision of the law of any State or 
     the District of Columbia or political subdivision thereof--
       ``(1) a person who is not prohibited by Federal law from 
     possessing, transporting, shipping, or receiving a firearm, 
     and is carrying a valid license or permit which is issued 
     pursuant to the law of any State or the District of Columbia 
     and which permits the person to carry a concealed firearm, 
     may carry in any State or the District of Columbia a 
     concealed firearm in accordance with the terms of the license 
     or permit, subject to the laws of the State or the District 
     of Columbia in which the firearm is carried concerning 
     specific types of locations in which firearms may not be 
     carried; and
       ``(2) a person who is not prohibited by Federal law from 
     possessing, transporting, shipping, or receiving a firearm, 
     and is otherwise than as described in paragraph (1) entitled 
     to carry a concealed firearm in and pursuant to the law of 
     the State or the District of Columbia in which the person 
     resides, may carry in any State or the District of Columbia a 
     concealed firearm in accordance with the laws of the State or 
     the District of Columbia in which the person resides, subject 
     to the laws of the State or the District of Columbia in which 
     the firearm is carried concerning specific types of locations 
     in which firearms may not be carried.''.
       (2) Clerical amendment.--The table of sections for chapter 
     44 of title 18 is amended by inserting after the item 
     relating to section 926C the following:

``926D. Reciprocity for the carrying of certain concealed firearms.''.
       (c) Severability.--If any other provision of this Act, 
     another amendment made by this Act, or the application of 
     such provision or amendment to any person or circumstance is 
     held to be unconstitutional, this section and the application 
     of the provisions of such to any person or circumstance shall 
     not be affected thereby.
       (d) Effective Date.--The amendments made by this section 
     shall take effect 90 days after the date of enactment of this 
     Act.

  Mr. THUNE. Mr. President, my amendment is a very simple amendment. It 
allows individuals the right to carry a lawfully concealed firearm 
across State lines while at the same time respecting the laws of the 
host State. It is very similar to legislation I introduced earlier, a 
stand-alone bill, S. 371, which currently has 19 Senate cosponsors.
  As I believe and the Supreme Court found last June, the second 
amendment of the Constitution provides law-abiding citizens have the 
right to possess firearms in order to defend themselves and their 
families. As such, I believe a State's border should not be a limit on 
this right. Today, there are 48 States that have laws permitting some 
form of concealed carry. While some States with concealed carry laws 
grant reciprocity to permit holders from other select States, what my 
amendment would do is eliminate the need for these laws by allowing an 
individual to carry a concealed firearm across State lines if they 
either have a valid permit or if under their State of residence they 
are legally entitled to do so.
  After entering another State, the individual must respect the laws of 
the host State as they apply to conceal-and-carry permits, including 
the specific types of locations in which firearms may not be carried. 
Reliable empirical research shows that States with concealed carry laws 
enjoy significantly lower violent crime rates than those States that do 
not. For example, for every year a State has a concealed carry law, the 
murder rate declines by 3 percent, rape by 2 percent, and robberies by 
over 2 percent.
  My amendment is relevant to this debate because it underscores the 
selective support that the District of Columbia has when it comes to 
individual rights such as the second amendment, and together with 
Senator Ensign's amendment will increase these rights. Specifically, 
anytime the word ``State'' is mentioned throughout my amendment, DC is 
also explicitly mentioned as well.
  My amendment is a common-sense measure that will strengthen public 
safety throughout the Nation. And I would hope if the Senate is willing 
to pass the unconstitutional legislation that is before us--the 
underlying bill creating an additional Member of Congress within the 
District of Columbia--then the Senate should also be able and willing 
to pass amendments which are constitutional and protect each citizen's 
second amendment rights.
  Mr. President, I urge my colleagues to support this amendment, and I 
yield the floor.
  Mr. LIEBERMAN. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. KYL. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           amendment no. 585

 (Purpose: To provide for the retrocession of the District of Columbia 
           to the State of Maryland, and for other purposes)

  Mr. KYL. Mr. President, in a few moments I am going to propose an 
amendment. I thought to conserve time that I would simply describe the 
amendment now, and then as soon as it is copied, I will distribute it 
and ask unanimous consent that the pending business be laid aside so 
that I can offer that amendment.
  This is the retrocession amendment. It is an amendment that has been 
frequently offered in the House of Representatives over the years, and 
it is the alternative to the constitutional mechanism for providing the 
District of Columbia with representation in the House and Senate.
  Rather than going the constitutional amendment route, there is one 
thing we know we can constitutionally do legislatively. Congress has 
the ability to retrocede to the State of Maryland all of the non-
Federal areas within the District of Columbia that adjoin Maryland. The 
effect of that, obviously, is to give the residents of the District of 
Columbia today the same rights as other citizens of Maryland, if this 
procedure were to be followed.
  Under this amendment, it would require an affirmative action of the 
Legislature of the State of Maryland, so that if the Legislature of 
Maryland did not wish to proceed with this, then it would not occur. It 
also would require the repeal of the 23rd amendment to the 
Constitution, as I will describe in just a moment. But the effect of it 
is, as I said, to allow the residents of the District to enjoy 
representation in both the House of Representatives and the Senate. It 
would do so without violating the Constitution's requirements that only 
States be represented in Congress and it would do so without creating a 
city state that would have disproportionate leverage in Congress and 
over the Federal budget.
  The amendment provides quite simply that after certain conditions are 
satisfied:

       The territory ceded to Congress by the State of Maryland to 
     serve as the District constituting the permanent seat of the 
     Government of the United States is ceded and relinquished to 
     the State of Maryland.

  Retrocession, as I said, includes a minor exception for the so-called 
national areas--the White House, the Capitol building, the Supreme 
Court building, and the other Federal buildings and monuments around 
the National Mall. The length of the amendment is simply due to the 
fact that there is a full description in section 3 of the amendment of 
the area that would remain under the exclusive jurisdiction and control 
of the Congress.
  There is an important transition provision that would allow lawsuits 
begun in the District of Columbia to be continued in Maryland courts. 
The amendment also provides that until the next

[[Page 5521]]

reapportionment, the DC Delegate will serve as a full Member of the 
House of Representatives from Maryland. As I said, there are two 
conditions that would have to be satisfied before it takes effect. 
First, the State of Maryland would have to enact accepting the 
retrocession of the District to Maryland; and second, amendment XXIII, 
which currently gives the District three electoral votes in 
Presidential elections, would need to be repealed.
  The reason for this is that in the absence of such a repeal, 
amendment XXIII might be construed not to be mooted and might be 
construed to give the very few residents living around the National 
Mall three electoral votes. The intent here is not to capture anyone 
who actually has an abode in that area, but there are some people who 
might be living there nonetheless.
  We believe the amendment is the most reasonable means of providing 
representation in Congress to the residents of the District. It is a 
solution that is based on precedent. Obviously, as we all know, in 1846 
the part of the District south of the Potomac River was retroceded to 
the Commonwealth of Virginia and became Arlington County and old 
Alexandria. We have done this before. We know how it works.
  If we adopt the amendment, the residents of Maryland could have a 
vote in the House and in the Senate within a year or two. If we 
continue down our current unconstitutional path, the legislation will 
be tied up in litigation for several years and, at least in the view of 
many of us, then struck down and we will be back at the drawing board. 
Unlike proposals to grant statehood to the District of Columbia, 
retrocession provides representation to the District residents in the 
national legislature but without creating a city state that would 
further skew representation in the Senate.
  In that regard, I would note that the number of people represented in 
most of the congressional districts of the United States exceeds the 
number of people who are residents of the District of Columbia. As 
State population continues to grow, there is every reason to believe 
that ratio would continue to exist.
  I urge my colleagues to support this sensible constitutional means of 
providing representation in Congress to the residents of the District 
of Columbia.
  At this point I ask unanimous consent that pending business be laid 
aside for the purpose of offering an amendment.
  The PRESIDING OFFICER. Is there objection to setting aside the 
pending amendment?
  Without objection, it is so ordered.
  The clerk will report the amendment.
  The assistant legislative clerk read as follows:

       The Senator from Arizona (Mr. Kyl) proposes an amendment 
     numbered 585.

  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  Mr. KYL. Mr. President, I note for the benefit of colleagues that we 
now have, I think, two pending amendments.
  I urge my Republican colleagues, if they wish to speak to either of 
these two amendments or to lay down further amendments--we have good 
cooperation here on both sides of the aisle to move forward with this 
legislation, and if Members who have an interest can be here and 
express their views or offer their amendments, we can move through the 
bill more quickly.
  I will suggest the absence of a quorum here, but in the event Members 
on the Republican side wish to speak, certainly this would be a good 
time for them to come down and speak to the bill and offer amendments.
  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 the order for the 
quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DURBIN. Mr. President, there are several amendments pending. This 
is a bill which is trying to make history. I thank Senator Lieberman, 
Senator Hatch, and others for bringing this bill to the floor. We have 
600,000 residents who live right here in the District of Columbia who 
do not have a vote. They do not have a vote in the House of 
Representatives nor in the Senate. They never have. They were created 
as a kind of Capitol District without a voting Congressman, 
Congresswoman, or Senator. Of course, the people in the District of 
Columbia pay Federal taxes. Their sons and daughters take an oath to 
protect America and march off to war. At least seven have recently died 
in Iraq and Afghanistan. They are bound by virtually all the Federal 
laws that people in Illinois or Oregon or Connecticut would be bound 
by, but they do not have a voice.
  There is no representation of 600,000 people. I think that is a gross 
miscarriage of justice. I salute those who bring this bill to the floor 
today to give the District of Columbia, specifically the 600,000 people 
who live here, that voice in Congress. It is long overdue.
  But there is an interesting relationship between Congress and the 
District of Columbia. Even though they do not have a voice in the 
Congress, Congress has always had a voice in the District. Congress has 
assumed a role somewhere between Governor and mayor when it comes to 
the District of Colombia. I have seen it when I served in the House and 
the Senate. A lot of Members from all over the United States of America 
who secretly long to be mayors get their chance. They come to 
Washington, they come to Congress, and they sit down and they play 
mayor for the District of Columbia.
  They make all kinds of decisions, decisions that do not relate to war 
and peace or Federal Government; decisions that in most places are 
going to be confined to mayors and city councils or Governors or 
legislatures. People in Congress cannot suppress the urge to be mayors, 
so they make all kinds of rules for the District of Columbia. Some of 
them are nothing short of outrageous.
  They delve into issues which the people in this city ought to decide 
for themselves--zoning issues, issues of public health, issues that, 
frankly, we do not have any business working on. But we can't stop 
ourselves. These Senators who want to be mayors get their chance. You 
can be a Senator from another State, but you can play part-time mayor 
in the District of Columbia.
  That is one of the good reasons for this underlying bill, so finally 
at least some person can stand up in the House of Representatives and 
say: I am representing these people and these people do not care for 
what you are doing to them.
  Along come a couple of amendments here. They are in this big 
constitutional debate, history making, about the future of Washington, 
DC, and several of my colleagues cannot suppress the urge to be mayor. 
They want to be mayor of the District of Columbia.
  One of them has come in with a proposal relative to firearms in the 
District of Columbia. This is offered by Senator Ensign of the State of 
Nevada and about a half dozen or a dozen other Republican Senators. 
Here is what they are trying to do.
  They want us to write the ordinances for firearms in the District of 
Columbia. Are we going to do it in a committee hearing? Bring in the 
police? Bring in the experts? Sit down and do this thoughtfully? No. We 
are not going to have any committee hearings. We are going to allow the 
National Rifle Association to write the gun ordinance for the District 
of Columbia.
  Do you want to guess what is going to be in that ordinance? Not much, 
when it comes to dealing with firearms.
  I guess you could be sarcastic and say why would you worry about 
controlling firearms in Washington, DC? I am not going to be sarcastic 
because I can recall a time not that long ago when a deranged 
individual brought a gun into this Capitol building and fatally injured 
two Capitol Hill policemen before he was finally suppressed.
  I can recall when a President of the United States at the Washington 
Hilton hotel on Connecticut Avenue, a

[[Page 5522]]

man by the name of Ronald Reagan, was shot down in the District of 
Columbia.
  I can recall time and again the efforts made, by men and women who 
are Capitol police officers, to protect us and our visitors, wondering 
at any moment whether someone was going to open fire on them.
  I can recall not that long ago an inauguration with 2 million people 
on the Mall and the overwhelming concern we all had for the safety of 
everyone involved and particularly for our new President or First Lady, 
the First Family. I saw the length we went through to protect them 
because of the obvious--we live in a dangerous place. We live in a 
dangerous time. A person with a gun, if they are willing to lose their 
own lives, can take out the lives of almost anyone. That is a fact. So, 
is there reason for us to be careful when it comes to guns? In my 
hometown of Springfield there is. In the great city of Chicago that I 
represent, you bet there will be. Kids are getting gunned down every 
day--certainly in Washington, DC, our capital city.
  Guns need to be taken seriously--I won't say more seriously. Every 
life is precious. But when we are entertaining visitors from around the 
world who come to our Washington, DC, U.S. Capitol, we want to offer 
them protection and safety as they travel. Maybe it is a special 
circumstance here. But this town needs to be as safe as possible, for 
the people arriving here, for the visitors, for all of us.
  So the National Rifle Association has decided they want to establish 
the standard for firearms in the District of Columbia. Let me tell you 
what they would do, to give you an idea if they could write the 
ordinance for guns in the District of Columbia, with the Ensign 
amendment. There are a few things they would like to do. The amendment 
would provide:

       The District of Columbia government shall not have 
     authority to enact laws or regulations that discourage or 
     eliminate the private ownership or use of firearms.

  If that is your starting point, listen to what follows. It blocks the 
District of Columbia from passing any background check or registration 
regulations, even sensible regulations that are needed to help law 
enforcement know who is buying guns. So the first thing the NRA wants 
to do is say we cannot ask you for a background check to find out if 
you should be able to own a firearm in the District of Columbia. What a 
great starting point.
  It also prevents the District of Columbia passing laws that require 
gun proficiency training. It even prohibits them from educating parents 
about child gun safety.
  You read the stories--we all do--about children killed when they find 
a firearm at home, play with it, shoot themselves or a playmate, a 
little brother or a little sister. This bill would prohibit the 
District of Columbia from establishing gun safety training.
  The amendment would also prohibit the DC City Council from taking 
steps to unduly burden--that is the language of the bill--the 
acquisition or use of firearms by persons not already prohibited under 
Federal law. That means that DC could not pass a law, for example, 
restricting access to guns by those convicted of misdemeanor sex 
offenses involving a child.
  That is a fact--because the Federal law does not prohibit that, DC 
could not. A person convicted of a misdemeanor sex offense with a child 
could not be prohibited, under this NRA amendment, from owning a 
firearm in the District of Columbia. Make you feel safer? Would it make 
anyone feel safer? Obviously, some people at the NRA would.
  Let me tell you what else. It repeals the age limits for legal gun 
possession. Now, this is a good one. Let's basically say you cannot 
tell someone you are too young to own a gun or maybe too old and 
feeble. It repeals DC's prohibition on gun possession by anyone who was 
voluntarily committed to a mental institution in the last 5 years. How 
many times have we heard the stories on college campuses, in my State, 
in the State of Virginia, of someone who had a serious mental illness, 
turned to violence and killed innocent people?
  It happened in Illinois. It happened in Virginia. It happened in 
other places. So governments try to keep guns out of the hands of 
people who are mentally unstable. The Ensign amendment would stop the 
government of the District of Columbia from imposing that standard when 
it came to possession of a firearm.
  It also repeals, while we are at it, not just those voluntarily 
committed to mental institutions, but it would repeal the DC 
government's prohibition on gun possession for those who have been 
judged by a court to be chronic alcoholics; you cannot stop them. Under 
this Ensign amendment, they can own a gun. It is their second amendment 
right.
  Well, I will tell you what. That is not what the Supreme Court said. 
The Supreme Court said reasonable regulation of firearms was still the 
standard in America. But I am afraid the Ensign amendment goes way 
beyond reasonable regulation.
  Well, here is another one. What if you had a requirement that before 
someone could buy a gun in the District of Columbia, they had to be 
able to see, a vision test. Not unreasonable. You want to have a gun or 
drive a car, you ought to be able to do it safely. This bill would 
prohibit the District of Columbia from imposing an onerous burden that 
a person has to pass a vision test in order to own a firearm.
  I find this incredible. It is also unimaginable to me that this law 
expressly allows the residents of the District of Columbia to cross 
borders into our States, buy firearms and come back. There is no 
restriction, no limitation.
  Now, I admit it has not worked very well. There has been a lot of gun 
violence in this town, even with that law. But why do we want to raise 
this white flag and say we are not even going to try to restrict or 
limit them? So when the supporters of the Ensign amendment say DC does 
not need any gun laws because Federal gun laws are strong enough, pay 
attention, they are, in fact, trying to weaken Federal gun laws at the 
very same time they are passing this amendment.
  We do not debate guns around here much anymore. We used to. 
Basically, we reached a point where there are not many people who will 
stick their political necks out to vote for sensible gun control--too 
big a hassle. The NRA is going to target you back home, and you are 
going to have to spend a lot of money to try to explain to people, as I 
have, if you want to own a gun, if you want to use it safely, 
responsibly, for self-defense or sporting purposes, your right should 
be protected.
  But you also ought to accept the responsibility, the responsibility 
to make certain that people check on your background so you do not have 
a criminal record, a history of mental illness, chronic alcoholism. You 
ought to be able to limit the kind of guns people buy. I mean, there 
are some people in my State and all over who say you should not limit 
people. They should be able to buy whatever they want.
  I do not buy that. I have always said, if you need an AK-47 to go 
deer hunting, you ought to stick to fishing. Obviously, you do not know 
how to use a gun, you just want to spray bullets until something stops 
moving. There are also limitations in most places as to where you can 
take your gun and how you can use it. I do not think that is 
unreasonable.
  Coming from a family, people who are hunters and sportsmen, they are 
pretty conscientious. They lock up the guns in the gun cabinet. They 
know when the rabbit season starts and when the squirrel season starts 
and they are out there. They do not want to take their gun into the 
mall. It would not make, in my opinion, sense to them. That gun has a 
purpose.
  But there are other people who disagree, people who think this is an 
absolute right. I am afraid that is what has inspired the Ensign 
amendment. I do not know if Senator Ensign or the people, the dozen or 
so folks who have cosponsored this amendment, have all gone back to 
their home States and said: We hope you will do exactly this. My guess 
is they have not. My guess is Senator Ensign has not gone to the

[[Page 5523]]

mayor of Las Vegas and said: Let's take all the gun laws out; that 
ought to help us bring in some tourists. I do not think he has done 
that. Maybe he has, in all fairness. I will give him his chance to 
respond to that on the floor.
  But it strikes me as peculiar and fundamentally unjust that Senators 
who will not impose these standards in their own hometowns want to 
impose them in the District of Columbia. They do not have the courage 
to stand in their own hometowns and say: We ought to let people with a 
history of mental illness have guns. Why? Because reasonable people 
would say to them: Are you out of your mind? They would not say someone 
judged by the court as a chronic alcoholic ought to be able to buy an 
assault weapon. Not unless you happen to live in the Nation's Capital, 
where Senators get to be mayor, where Senators try to write gun laws, 
where Senators pass ordinances here. It is a shame.
  It has been going on for a long time. I am not picking on the 
sponsors of this amendment. It has been going on as long as I have been 
here. But it does not make any sense. If there was ever a town, and if 
there was ever a time where we should take the extra measure to be 
safe, it is this town at this moment.
  We have to make sure the men and women who serve in elected office, 
the wonderful staff people whom we have, the millions of visitors who 
come into this building come in with peace of mind, knowing they and 
their families are going to be safe, not to worry that some law passed 
in the Senate is going to create a shooting gallery right outside the 
Capitol grounds.
  This amendment does not make good sense. It certainly does not make 
common sense. It is not required by the Supreme Court. It is an 
amendment that basically is an attempt for the National Rifle 
Association to do a little temperature check, find out where they are 
in this new Congress, to push to the limits the gun issue and to see 
who is going to follow it.
  I know a lot of Members who said: Well, that is their decision, I 
respect them for it. But I respectfully disagree. Let us keep DC safe. 
Let's make sure all the people who value this city and the great 
tradition and heritage of this city take an extra measure to make it a 
safe place for visitors, for those who live here, for kids going to 
school, for folks going to church on Sunday. I do not think they 
deserve anything less.
  If one of those Senators, any one of these Senators want to stand up 
and say: I have proposed this gun ordinance in my hometown and my home 
State, I think it should apply to Washington, they would have more 
credibility. But without that, they just want to experiment, experiment 
on a city that for over 200 years has not had a voice in this Congress, 
experiment on a city that is a helpless victim, many times to these 
political experiments that people like to try, through Congress, on 
Washington, DC.
  I urge my colleagues: Read this. Take the time to read this 
amendment. Pause and reflect and ask yourself one question: Would I 
want this in my hometown? Is this a standard? I know some will say yes, 
but most will say no. This is extreme. This goes too far.
  The District of Columbia is trying its best after the Supreme Court 
challenged and voided one of its ordinances. It rewrote its gun law. It 
allows for the registration of pistols, revolvers, and long guns for 
self-defense at home. So people in the District can have a gun in their 
home for self-defense.
  It bans assault weapons and junk guns used for crime. It prevents 
persons with a history of violence within 5 years from registering a 
gun. It prevents a person convicted of domestic violence or who is the 
subject of a protective order, within 5 years, from registering a gun.
  It prevents a person with multiple alcohol-related offenses within 5 
years from registering a gun. It requires that an applicant for a gun 
complete a firearm safety training course. It limits an applicant to 
registering one gun every 30 days. It bans magazines on guns over 10 
rounds. It tightens gun dealer licensing requirements. It requires all 
new semiautomatic pistols to be stamped so they can be traced in a 
crime.
  It protects children by requiring registrants to safely store their 
firearms, and it abolishes concealed carry licenses, except in very 
narrow circumstances. That is the law if you want to own a gun in the 
District of Columbia. If you have a legal right to do so, you have to 
follow some basic rules, commonsense rules, rules that will be thrown 
right out the window with the Ensign amendment.
  That is not good for the District, it is not good for America. I urge 
my colleagues to oppose this amendment.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from South Carolina.


                           Amendment No. 573

  Mr. DeMINT. Mr. President, I appreciate the comments of the Senator 
from Illinois, and I think it helps to set up some of my comments as 
well. We are talking about a bill on DC voting rights that has a lot to 
do with our Constitution. I have an amendment to that that also has a 
lot to do with our Constitution; that is, the right of free speech and 
the right of freedom of the press, what we will call the Broadcasters 
Freedom Act.
  The interesting point about the talk of my previous colleague is, he 
was talking about the urge to be mayor here in the Senate. It is 
interesting, after we just passed this massive stimulus bill, where we 
were telling not only mayors but every Governor in the country what 
they had to do and how they need to spend their money, to control 
everything from education to health care.
  We cannot resist the urge to be Governors and mayors and, in fact, we 
cannot resist the urge to substitute our opinions of what should happen 
to our whole constitutional form of Government. It is interesting to 
hear about the guns amendment and the opinions there. I respect the 
Senator's opinion about the gun laws, what they should be.
  But the fact is, that what we do here is not about our opinion, it is 
about our oath of office, of protecting and defending the Constitution. 
The Constitution does not give me a right to decide who is going to 
bear arms. I mean it is a basic constitutional right.
  It does not give us the right to use our own opinions and good 
intentions on every piece of legislation. One of the reasons as a 
country we are so much in debt--and this is attributed to both 
parties--is we have moved away from any constitutional mooring of 
limited Government to the point now where it is whoever's opinion can 
prevail is what passes.
  An appeal to the Constitution is almost irrelevant. There is no way 
you can interpret the Constitution to say the Federal District of 
Columbia is going to have Congressmen and Senators. Now, I respect an 
opinion of anyone who says it should not be that way, that people who 
pay taxes should have Congressmen and Senators. But the fact is, our 
oath of office is to defend the Constitution, not to employ our own 
opinions, to do what we think is right, to get money for our States.
  That is a pretty simple judgment to make in this case, if we can 
count, if we can look at the language of the Constitution and see 
something so obvious. Now, sure, we do not like it, we do not like the 
way it has turned out. There are 600,000 people living here and a lot 
of people with very good intentions say they should have the same 
rights as States. But that is our opinion, it is not the Constitution.
  What worries me about a lot of our rights that are given in the 
Constitution, particularly our Bill of Rights, not only the right to 
bear arms, which people's opinion is being substituted for the 
Constitution, but the same thing has happened with the right of free 
speech, the freedom of the press in our country, which has been so 
instrumental to maintaining freedom and the ability of the American 
people to be vigilant over their Government, finding out what is going 
on here.
  Back in 1949, the Federal Government implemented what was called the 
fairness doctrine over concerns that with the relatively few number of 
radio stations across the country, a diversity of opinion would not be 
heard.
  Substituting our own good opinion for that of the Constitution, there 
are

[[Page 5524]]

some in Washington who decided we needed to referee what was said on 
radio.
  If one political opinion was expressed, the fairness doctrine 
required that they have an opposite opinion also expressed. The whole 
idea was to create a diversity of points of view. The fact is, as with 
many things we do here, it had exactly the opposite effect of what was 
intended. It put a chilling effect on political speech because what 
radio station would want to deal with the liability of expressing an 
opinion if someone else was going to come in and say they had to have 
somebody else express a different opinion? It violates the right of 
free speech and, in the process, actually puts a chilling effect on the 
development of political points of view in radio.
  In 1987, it had become obvious what this was doing. Thousands of 
radio stations were developing all over the country. The Reagan 
administration overturned this so-called fairness doctrine, which was 
really a radio censorship act. With that act gone, we have seen the 
development of radio talk shows all over the country. One can tune in 
anywhere and get all kinds of diversity of opinion.
  Frankly, it has become very annoying to a lot of Congressmen and 
Senators. There is nothing worse than going home and trying to tell 
people one thing, and they actually find out that is not the truth. 
Increasingly, that has been happening with bills we are passing, when 
folks back home find out through talk radio those guys didn't even read 
that bill. The front cover of that bill says it is not amnesty, but the 
bill says it is. The President says there are no earmarks, but open it 
up and there are thousands of earmarks in the bill. The President says 
he is expanding our energy supplies, but then look and see that they 
actually have a drilling moratorium that we didn't know about.
  Talk radio has become very annoying to politicians who don't want 
Americans to know the truth. So increasingly a number of people in 
Congress are looking back to that fairness doctrine and thinking we 
need to bring it back. We need to censor radio talk shows. We need to 
create that liability, that risk. Every time someone freely expresses 
an opinion, that station needs to know that they are liable to make 
sure another opinion is expressed.
  Who is going to decide what should be expressed? The Governors and 
the Mayor in Washington? In fact, what we are finding out is so many 
people on the other side can't resist the urge to be Founding Fathers. 
They want to change the Constitution and change what it means and 
ignore it. But freedom of speech is so important. The fact is, people 
in this Senate who swore an oath to the Constitution are actually 
advocating bringing back radio censorship and certainly will eventually 
apply it to the blogosphere and the Web. They will not stop with radio 
talk shows. We need to act to make sure this oppression, this tyranny 
is not reimposed on the American people.
  It is not just important to protect what radio talk show hosts can 
say. What we are really trying to protect is what millions of Americans 
are free to listen to: different opinions, facts, information about 
where to find more complete information about what is going on. The 
primary reason more and more Americans are standing up and are outraged 
about what is going on here is because they are finally finding out the 
truth about what we are doing, how much money we are spending, how much 
we are borrowing, the porkbarrel earmarks we are sending all over the 
country, basically changing the mission of the Federal Government from 
one that stands for the national interest and constitutional government 
to one that is essentially trying to run local governments and State 
governments and to rearrange the Constitution.
  The Federal Communications Commission could actually reimplement this 
radio censorship idea without Congress. That is why my amendment I will 
offer tomorrow, the Broadcasters Freedom Act, will prohibit the Federal 
Communications Commission from bringing back any part of the radio 
censorship they called at one time the fairness doctrine.
  Some here will say it is not germane to this debate on DC voting 
rights. But DC voting rights are about the Constitution and whether we 
will follow it. If we don't respect the Constitution on one issue, why 
should we respect it on another? The fact that people at the FCC and 
here in Congress are talking about bringing it back means it is germane 
to this discussion. It is germane to everything we do here, the right 
to freedom of speech. The freedom of the press is so foundational to 
our form of government, our way of life, it is germane to everything we 
do here.
  This amendment is so important to what we do because if we can't get 
the American people informed and engaged and activated and get them to 
stand and express their outrage, this Government, this Congress, is 
going to continue to violate the Constitution at every turn; to 
substitute their opinion, whether it be the first amendment or second 
amendment, any time their opinion is different from the Constitution. 
Their belief and the prevailing belief here in Congress is, if you can 
pass something, then it is legal. It doesn't matter if it violates the 
Constitution. What will matter is if the American people know what we 
are doing. They are going to stand up. They will e-mail. They will 
call. They will express their outrage to these people who are taking 
our constitutional rights every day. They are going to hear from the 
people back home, and they will back down or they will be brought home 
at the next election.
  That is why radio freedom, freedom of the press, talk radio, 
bloggers, cable TV, all these alternative media that are going around, 
the New York Times and the other liberal press, and taking the truth 
and the facts to the American people is something we have to protect 
with our lives in Congress. The broadcasters freedom amendment that 
will be offered tomorrow is critically important to what we do.
  I urge all of my colleagues, don't buy these lame arguments that it 
is not germane to this constitutional debate. Don't buy the argument 
that it is not relevant because no one is bringing it up. We have seen 
what people can sneak into bills that we don't get a chance to read. We 
need to make it a law that the FCC or this Congress cannot implement 
any aspect of the fairness doctrine. That is what this amendment is 
about.
  I urge colleagues to take the Constitution seriously, take this 
amendment seriously. Vote for it and show the American people that we 
will stand for their constitutional rights.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Illinois.
  Mr. BURRIS. Mr. President, I rise to support the District of Columbia 
House Voting Rights Act. For too long politics has trumped basic 
fairness. This is not a bill for statehood but one that ensures the 
simple and long overdue right of American citizens to have a voice in 
their Government. It is the duty of any democracy to have every citizen 
represented. America is a model for democracy around the world. Right 
here at home in our own Capital City almost 600,000 Americans live 
without a full vote in their Government. Passage of this bill is a 
matter of fundamental rights. Citizens of Washington, DC, pay taxes 
like everyone else, but they have no voice in how their taxes are 
spent. The phrase ``no taxation without representation'' used by the 
original Thirteen Colonies is every bit as relevant today.
  The residents of our Capital City pay one of the highest tax rates in 
the Nation, but they do not have a single voting representative in 
either House of Congress. Unlike every other city in America, 
Washington, DC, is forced to remain dependent upon Congress for even 
the most basic functions. Congress has control over DC's local budget. 
Congress can review and overturn laws that DC residents pass. Even more 
important to consider is the brave service and sacrifice Washington's 
men and women in uniform make in serving our Nation in the Armed 
Forces. These great patriots deserve full participation in Congress.

[[Page 5525]]

  The foundation of our system of government is that all citizens are 
represented in the Federal Government. Today we must make good on the 
promise and grant full and fair representation to the people of 
Washington, DC.
  This issue has been around a long time. Finally, in this bill, we 
have a balanced and sensible approach, one seat for the District of 
Columbia and one additional seat for the State of Utah.
  I urge passage of this bill to give full, equal voice to the 
residents of this District and allow those 600,000 citizens to finally 
become full members of our Republic.
  I yield the floor.


                           Amendment No. 575

  The PRESIDING OFFICER (Mr. Burris). The Senator from Connecticut.
  Mr. LIEBERMAN. Mr. President, I rise to oppose the amendment offered 
by the Senator from Nevada, Mr. Ensign, with regard to gun control. I 
do so for five reasons.
  First, this amendment is completely unrelated to the DC House Voting 
Rights Act before us today. If it bears any relationship to this bill, 
it is in an inadvertent, unintended way to make the point of how badly 
we in Congress treat the District, as if we have the right not only to 
deprive it of voting representation in the House of Representatives--
600,000 residents without voting representation, no government with 
consent of the governed--but we exercise, by this amendment, if it 
passes, the right to intervene in the District when its own legislative 
body, the council, has legislated and impose our desires on them.
  Let me come back to my first point. The amendment is unrelated to the 
DC House Voting Rights Act. We should not be adding controversial, non-
germane issues to what I believe is a historic civil rights bill that 
finally nullifies what has gone on for most of American history, which 
is a voting rights injustice. Residents of the District have fought for 
decades to win the voting rights the rest of us take for granted. It 
has taken tremendous work over more than this year to get this bill to 
where it is today, to enable us to actually be on the Senate floor 
debating a voting rights bill.
  We had a good debate earlier on a constitutional point of order 
raised by the Senator from Arizona, Mr. McCain, that went to the heart 
of the bill. That is what we ought to be debating. That point of order 
was rejected, but it was relevant to what we are all about in S. 160. 
Congress has on many occasions, of course, debated legislation related 
to gun ownership, which is the subject of the Ensign amendment, 
unrelated to the DC House Voting Rights Act. No doubt we will have the 
opportunity to debate the issue of gun ownership and gun rights in the 
future. Opponents have raised relevant concerns about the 
constitutionality and appropriateness of the legislation we are 
considering. That is what we should be debating, not gun legislation.
  I fear, of course, in doing so, what we are doing on the Ensign 
amendment is we are going to cloud the prospects for this bill with 
controversial, unrelated amendments that take us from the focus here, 
which is that 600,000 Americans do not have voting representation in 
Congress.
  Second, I believe Congress should not limit the District's ability to 
enact its own measures with regard to gun violence. Some Senators, 
Members of this body, may believe as a policy matter that the 
District's gun laws are not adequate, not correct, but the District's 
gun laws have no effect whatsoever on the varying gun ownership laws of 
the States. The fact is that none of our constituents--not one of our 
constituents--will be affected or is affected by the gun laws of the 
District of Columbia. We do not represent anybody who is a resident and 
voter in the District of Columbia.
  The gun rights of residents of other States are guided and controlled 
and enabled pursuant to the laws and regulations enacted by the elected 
officials and executive officials in those States. Likewise, the 
elected officials of the District of Columbia have enacted laws 
regarding gun ownership that I believe this body should respect, just 
as I would want this body to respect the laws of my State with regard 
to guns or anything else. As I will explain in a moment, in fact, the 
District of Columbia has enacted new gun laws in response to the court 
case of DC v. Heller. Congress should not be singling out particular 
States and localities to repeal their laws on guns or anything else.
  This is not a uniform nationwide standard that will be adopted if the 
Ensign amendment passes. This is a law with regard to guns for the 
District of Columbia. It is as if a law of my State of Connecticut was 
challenged in the Supreme Court, and it was invalidated, and actually 
my legislature then responded to the constitutional invalidation by 
adopting a law which they believed was consistent with the Supreme 
Court decision, but then we in Congress came along and said: No, 
Connecticut, that is not enough. We are going to tell you exactly what 
your law should be--not for the entire United States of America but for 
the State of Connecticut. I would be outraged. Any Member of this 
Chamber would be outraged if we did to one of our States what this 
amendment proposes to do to the District. It is just not fair, and it 
is not consistent with our basic principles of limited Federal 
Government and the rights of States and localities to legislate for 
themselves.
  That is my second point. Congress should not limit the District's 
ability to enact laws of its own regarding guns or anything else.
  The third point is this: This amendment is actually outdated. The 
Ensign amendment is the same as legislation that passed the House last 
September to remove restrictions on gun ownership in the District. But 
there is an important point that has been left out here.
  Last month, January, the District's government enacted new gun laws 
that are their response to the holding of the Supreme Court in the DC 
v. Heller decision. The Heller decision struck down several provisions 
of the District's previous municipal code regarding guns. The decision 
particularly invalidated the District's handgun ban and trigger lock-
storage requirement. But consistent with the newly enacted District of 
Columbia law adopted by the council, those provisions are no longer in 
the law. So the Ensign amendment, in fact, is outdated. In fact, if you 
look carefully at this amendment, it repeals and modifies provisions 
that used to be in the DC law but no longer are because the recent 
enactment of the DC City Council removed those provisions of the law.
  So my third point is the Ensign amendment is outdated and does not 
relate to the reality that has been created by the District's City 
Council itself.
  Fourth, let me talk about the District's new gun measures and their 
relationship to the Heller decision. The Supreme Court made clear in 
its decision in Heller that the second amendment meant something. It is 
something this Senator has always felt. There is a constitutional right 
to bear arms. But that right, I have always felt, is no more unlimited 
than any other right in the Constitution, including the fundamental--I 
would almost say sacred--rights in the first amendment. Those are not 
unlimited either, as we know. So the Supreme Court decision said that 
the total bans in the DC law on gun ownership, possession of guns in 
the home, were unconstitutional and violative of the second amendment. 
But the decision also made clear that reasonable regulation of gun 
ownership was permissible.
  This amendment essentially invalidates a whole series of what I 
believe the Supreme Court would find to be reasonable regulations of 
gun ownership and again does not acknowledge what the DC City Council 
has done.
  The gun laws the District passed last month restore the right of gun 
ownership for self-defense in homes here in the District and amend the 
District's safe-storage requirements so that a firearm no longer needs 
to be kept bound by a trigger lock within the

[[Page 5526]]

home. The District's new gun law permanently repealed DC's ban on 
semiautomatic firearms and permits residents to own semiautomatic 
pistols. If you look at the Ensign amendment, you would not believe 
that was true. In fact, in the Inoperable Pistol Amendment Act of 2008, 
the city of the District of Columbia provided a self-defense exception 
to allow residents with registered firearms to carry these weapons 
lawfully in their homes or places of business. Additionally, the 
Firearms Control Amendment Act of 2008 exempted from the registration 
requirement ``[a]ny person who temporarily possesses a firearm 
registered to another person while in the home of the registrant'' if 
that person believes they are in imminent danger. So these are the very 
real rights of gun owners that are now enshrined, adopted in the DC law 
that has been passed.
  My fifth point is this, and I referred to it a moment ago: The Ensign 
amendment goes much further than the Supreme Court did in limiting the 
right of localities, States, and municipalities to regulate gun 
ownership while recognizing the second amendment constitutional right 
to bear arms. In fact, Justice Scalia wrote the majority opinion in the 
Heller case, and he specifically noted that a wide range of gun laws 
would be lawful and not violative of the second amendment--everything 
from laws ``forbidding the carrying of firearms in sensitive places'' 
to ``conditions and qualifications on the commercial sale of arms.''
  The amendment offered by my colleague from Nevada would overturn 
provisions that the Heller decision did not address and did not strike 
down.
  This amendment provides that the government of the District of 
Columbia ``shall not have authority to enact laws or regulations that 
discourage or eliminate the private ownership or use of firearms.'' 
Potentially, this could prevent the District from passing legislation 
regarding background checks, which have been widely accepted by courts, 
or registration regulations that are needed to help law enforcement 
keep tabs of who is buying and owning guns in the District.
  The Ensign amendment repeals DC's ban on sniper rifles that can 
pierce armor plating up to a mile away and its ban on military-style 
semiautomatic weapons and high-capacity ammunition magazines.
  The amendment repeals DC's requirements--modeled on a California law 
which has been strongly supported by law enforcement agencies--that 
semiautomatic pistols manufactured after January 1, 2011, be 
microstamp-ready. Microstamping is a law enforcement tool that helps 
solve gun crimes by imprinting shell casings with a unique identifier 
so they can quickly be matched to the handguns that fire them.
  The Ensign amendment also repeals the District's age limits for legal 
gun possession. Imagine how we would feel in my State of Connecticut or 
in the Presiding Officer's State of Illinois if Congress came along and 
told us how to write laws for our States.
  This amendment repeals the District of Columbia's prohibition on gun 
possession by anyone who was voluntarily committed to a mental 
institution in the last 5 years. It repeals the District's prohibition 
on gun possession for those who have been adjudicated as chronic 
alcoholics and those who have failed a vision test. This would be--I do 
not even want to say it. It is shocking.
  The amendment also weakens Federal law. Federal law prohibits gun 
dealers from selling handguns directly to out-of-State consumer buyers 
because of the high risk this creates for interstate gun trafficking. 
But this amendment would allow DC residents to cross State lines to buy 
handguns in neighboring States, undermining those Federal 
antitrafficking laws.
  It is no surprise that the chief of police of the District of 
Columbia, Cathy Lanier, has testified that the legislation on which the 
Ensign amendment is based would undermine safety and security in the 
Nation's Capital.
  So those are five reasons why I believe this amendment should not be 
adopted. But as the chairman of the committee that has reported out the 
underlying bill and as somebody who personally has worked for a lot of 
years to try to right this wrong on the residents of the District of 
Columbia, our Nation's Capital--the capital of the greatest democracy 
in the world--not having a voting representative in Congress, I just 
think this amendment, leaving aside its merits or demerits, adds 
something to this historic piece of legislation that just does not 
belong and may, along the way, complicate its path to passage.
  So regardless of your position on gun control--and I state again, I 
have always believed the second amendment has meaning, that it makes 
constitutional the right to bear arms, but that it is not unlimited--
this amendment comes close to a judgment that the second amendment 
really is unlimited. So that is why I, on its merits, think it goes too 
far.
  But whatever you think of the merits, if you really believe in 
helping eliminate one of the last vestiges of voting rights blocks in 
our country--when you think about it, when the Constitution was 
adopted, people of color could not vote. Good God, people of color were 
only counted as three-fifths of people who were White. Woman could not 
vote. A lot of men could not vote if they were not property owners. And 
over the years, on this journey of ours, from the ideals in our 
Declaration of Independence, we have gone forward to eliminate one 
after another block to the reality that the Government was premised on 
that you would not have governing without the consent of the governed. 
Yet this bizarre anomaly remains in our Nation's Capital where people 
are deprived of the right to have a voting representative here.
  So I appeal to my colleagues, whatever your position on gun ownership 
and gun violence, whatever your position on the amendment offered by 
the Senator from Nevada, please don't stand in the doorway, as Bob 
Dylan once sang, and block this underlying bill or cause it to become 
more controversial than it should be.
  I thank my colleagues, I thank the Chair, and I yield the floor.
  The PRESIDING OFFICER. The Senator from Utah.
  Mr. BENNETT. Mr. President, I ask unanimous consent to speak for 10 
minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BENNETT. I ask the Chair to notify me when I have consumed 8 
minutes.
  The PRESIDING OFFICER. The Chair will do so.
  Mr. BENNETT. Mr. President, I have two items I wish to discuss, one 
that has already been raised on the floor by my friend, Senator DeMint, 
with respect to his proposed amendment No. 573 to the underlying bill. 
As I understand it, Senator DeMint will be offering an amendment 
dealing with the fairness rule. I was a cosponsor of this legislation 
in the last Congress and I am happy to support it in this Congress; 
that is, the position that says we should not allow the FCC to 
reinforce what has been called the fairness rule that was dropped some 
years ago. Who can be against fairness? Well, I am in favor of 
fairness, but I am opposed to censorship, under the mislabeling that we 
have here, the fairness doctrine is nothing more than censorship. The 
Federal Government would say to a radio or television broadcaster we 
have determined that the broadcasting that you have been doing is not 
fair and so you are going to be ordered by the Government to present a 
different point of view on your show and we will determine whether it 
is fair or it is not. The fairness doctrine was imposed on the grounds 
that radio was such a pervasive medium that anything that was said on 
radio regarding politics should be balanced by someone who holds a 
different point of view. Right away, this raises the question of how 
many points of view?
  We have seen Presidential elections where we had President Clinton, 
where we had Pat Buchanan, where we had Ralph Nader, and some minor 
candidates, and who determines which one is important enough to qualify 
for a fairness opportunity on radio? According to the so called 
Fairness Doctrine,

[[Page 5527]]

the government determines. Who determines, therefore, what is one 
position that deserves putting down so that other positions can be 
raised in the name of fairness? The Federal Government. What do we get 
into when the Federal Government has the authority to make these kinds 
of decisions? Again, there is a word for it and it is called 
censorship.
  One way to deal with an argument, to use the Latin phrase ``reductio 
ad absurdum,'' which means ``reduce it to an absurdity.'' Take it to 
its ultimate end. If we are going to take the Fairness Doctrine to it's 
ultimate end, then we are going to say to the late night comedians, 
when you make a joke about a Democrat, since you are on the airwaves, 
you must make a joke of equivalent nastiness about a Republican. When 
you put down the President, you must find an equivalent Republican 
figure to put down in the name of fairness. The consequence of all of 
that, of course, if it were enforced, would be that the late night 
comedians get shut down all together.
  We have already had an opportunity for fairness, if you will, with 
respect to talk radio. When a group of people got together and financed 
a liberal talk show host--one who aspires to enter this body at some 
time--the public spoke. The station went out of business. Let the 
public decide what they are going to listen to and let the public 
decide how they are going to pick. There are so many outlets for 
different points of view that we do not need to go back to the Fairness 
Doctrine and impose Government censorship on the way people think and 
respond.
  The PRESIDING OFFICER. The Senator from Oklahoma.


                           Amendment No. 581

  Mr. COBURN. Mr. President, I ask unanimous consent that the pending 
amendment be set aside and that amendment No. 581 be called up.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The clerk will report the amendment.
  The bill clerk read as follows:

  The Senator from Oklahoma [Mr. Coburn] proposes an amendment numbered 
581.

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

                (Purpose: In the nature of a substitute)

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. ELIMINATION OF FEDERAL INCOME TAX FOR RESIDENTS OF 
                   THE DISTRICT OF COLUMBIA.

       Due to the unique status of the District of Columbia, 
     created by the Constitution of the United States, bona fide 
     residents of the District (other than Members of Congress) 
     shall, notwithstanding any other provision of law, be exempt 
     from the individual Federal income tax for taxable years 
     beginning after the date of the enactment of this Act.

  Mr. COBURN. Mr. President, I know my colleague from New York wishes 
to speak and I will be very brief. I should not take more than 10 
minutes.
  We are in a debate about the District of Columbia and the fact that 
they are taxed and not represented with a vote in the Congress. It is a 
legitimate debate. I tend to look at the Constitution and, as a matter 
of fact, as I read the Constitution--and I am not a constitutional 
lawyer, but I will tell my colleagues that anybody who reads the 
Constitution can say this is an unconstitutional bill we have in front 
of us.
  I also reject the idea that the District of Columbia does not have 
representation. All one has to do is look at the facts: $66,000 per 
resident of the District of Columbia, that is how much money the 
Federal Government spends per capita in the District of Columbia. That 
is $5.5 for every dollar they pay in taxes. So the 535 votes in the 
Congress have well represented them greater than any other group of 
citizens in the country. But there is a claim--a legitimate claim--that 
they don't have their own representative and that they are taxed.
  This is a simple amendment. What it says is while we work this out, 
the way to be fair is to eliminate Federal income tax on citizens of 
the District of Columbia. They don't have a vote. Their tags even say 
taxation without representation is unfair; no taxation without 
representation. This solves that. They will have to change all of the 
auto tags. I don't know what that will cost. But the fact is we will 
take away Federal income taxes on money earned in the District of 
Columbia from every citizen of the District of Columbia.
  Now, two things happen with that, especially since they have 535 
representatives already. Think about what will happen to the District 
of Columbia in terms of income. Think about what will happen to the 
District of Columbia in terms of economic progress. Think about what 
will happen in terms of the value of the ownership of any asset in the 
District of Columbia. Think of the growth. Think of the modernization 
that will happen as we make this the center of progress based on the 
idea that because there is no representation, there should be no 
Federal taxation. It is a very simple, straightforward amendment. It 
solves the immediate problem. When we finally do a constitutional 
amendment with a joint resolution, which we are ultimately going to 
have to do, what we will have done is given the people of the District 
of Columbia the benefit of having a tax advantage because they don't 
have, under their thinking, representation in the Congress.
  I am not trying to have a cute vote. If I had my way, I would try to 
eliminate almost every Federal income tax. As the Senator from New York 
knows, I try to do that quite often, and try to eliminate a lot of 
spending. The whole point being, there is a legitimate point to be made 
by the citizens of the District of Columbia in that they are treated 
differently than everybody else in this country. My argument is they 
actually have 535 representatives plus their Delegate, and it has shown 
to be very effective for them, because no place else in the country 
gets as much Federal money per capita as the District of Columbia. So 
if we want to treat the citizens of the District of Columbia fairly--by 
the way, this excludes all Members of Congress, so if my colleagues are 
thinking about voting for it for a selfish reason, please don't. If you 
are thinking about voting for this amendment on the basis of fairness, 
please consider it.


                           Amendment No. 575

  I wish to take a few more minutes to comment on the Ensign amendment, 
if I might, and then I will finish. The Ensign amendment isn't about 
concealed carrying, it is about the right that is guaranteed under the 
second amendment to be applied to people in the District of Columbia.
  James Madison wrote in Federalist No. 46:

       Besides the advantage of being armed, which the Americans 
     possess over the people of almost every other nation . . . 
     forms a barrier against the enterprises of ambition, more 
     insurmountable than any which a simple government of any form 
     can admit of.

  If you look at the murder rate in the District of Columbia, what 
happened when the gun ban in 1975 was first instituted, we didn't see 
it rise that much because we allowed people to keep their guns. When 
the complete ban took place, we saw a fivefold rise that is still going 
up--except for the last 2 years--in the murder rate compared to the 
rest of the cities in this country. There is something to be said for 
the thinking that a perpetrator of a felony thinks he or she may 
possibly be harmed significantly. That tends to drive down violent 
crime--we know that--in the States that have concealed carry, and that, 
I believe, is 26 or 28 States. It may be even more than that now.
  The fact is, this isn't about concealed carry; this is about 
guaranteeing the rights of individual citizens in the District of 
Columbia to represent themselves with a right that every other citizen 
in this country has. Because Congress didn't act on that right, it took 
the Heller decision to give them that right. All this does is bring 
into line the District of Columbia with the rest of the States in the 
country. I will have taken the amount of time that I should in favor of 
Senator Schumer. I thank him very much for the consideration of 
allowing me to go first. I thank the chairman of the committee as well.

[[Page 5528]]

  The PRESIDING OFFICER. The Senator from New York is recognized.
  Mr. SCHUMER. Mr. President, I rise in opposition to a dangerous 
amendment that would go far beyond authorizing gun possession for self-
defense in the home and create serious threats to public safety, and 
that is the Ensign amendment.
  First, I support the Lieberman bill to bring representation to the 
District of Columbia, which seems to be in total keeping with what 
America is all about. I just say to my good friend from Oklahoma that 
representation, of course, involves dealing with taxation, but it 
involves many other things. To simply say the people of the District of 
Columbia don't have to pay any taxes but would be deprived of other 
rights in these Chambers, to me, is not what this bill is all about. It 
is a fine bill and a long overdue bill. It is a compromise, obviously. 
But it is one that moves us up the steps to gaining representation for 
the hundreds of thousands of the hard-working, taxpaying citizens of 
the District of Columbia.
  Now, of course, we are getting into the sort of season of irrelevant 
or controversial amendments. The Ensign amendment is certainly the 
second of those. Let me say this: The Heller case basically said there 
is an individual right to bear arms. I have some degree of sympathy 
with those who are in the pro-gun movement who say: Hey, so many 
Americans look to expand the first amendment, the fourth amendment, and 
the fifth and sixth amendments broadly, and then see the second 
amendment through a narrow pinhole, saying that it is only involving 
militias.
  If you believe in a broad and expansive Constitution, how is it that 
just one of them is perceived as narrow as possible? The Heller 
decision says it is not just militias that have a right to bear arms, 
or members of them, but individuals. But every Justice in that case, 
including Justice Scalia, made the opposite point. Just as those in the 
pro-gun movement have some justification in saying it is unfair to 
regard every amendment expansively except the second, those of us who 
believe more in gun control have the right to say that every amendment 
has a limitation.
  I am a strong believer in the first amendment, but I don't vote 
against libel laws or pornography laws. I certainly agree with, I 
believe Oliver Wendell Holmes, who said: You cannot falsely scream fire 
in a crowded theater. So those are limitations on the first amendment. 
I say to my friends in the pro-gun movement, if every other amendment 
has limitations, such as the first, fourth, fifth, sixth--and many on 
that side of the aisle are for more strict limitations on those 
amendments than we might be--how is it that the second amendment should 
not have any limitation?
  This proposal by Senator Ensign, my friend from Nevada, just shows 
the absurdity of that argument because there are things in this 
amendment that people would say defy common sense. It defies common 
sense to say someone who was voluntarily committed to a mental 
institution should be allowed to get a gun. It defies common sense to 
say someone who can't pass a sight test should have a right to a gun. 
It defies common sense to say a 10-year-old has a right to carry a 
shotgun. Yet in the defense of an overly expansive view of the second 
amendment, even conceding that it does apply to these individuals, my 
colleague from Nevada wishes to say those things. Again, how many 
people in America think if you fail a sight test, you should have a 
right to a gun? You might say some sight tests are faulty. Well, change 
the test. How many people would say someone who has been in a mental 
institution--voluntarily committed--should have the right to have a 
gun?
  This is about Washington, DC, but didn't we learn on the campus of 
Virginia Tech about the destructive link when mentally ill people are 
allowed to acquire guns? Wasn't the country in an uproar about that? 
Yet here, just a few short years later, as parents of those slain 
students are still mourning, we are about to say in the District of 
Columbia, a neighboring jurisdiction, if you not just have a mental 
illness, but it has to be pretty significant if you have been in a 
mental institution, you should have a right to have a gun.
  So all we are trying to do in opposing the Ensign amendment is invoke 
common sense. We are not getting into the discussion of whether the 
second amendment applies to individuals or just to those in militias. 
The Supreme Court has ruled on that. We are saying to our friends, just 
as they get up on the floor and advocate limitations on every other 
amendment, it is contradictory to say the second amendment should not 
have the most reasonable of limitations. There can't be a more 
reasonable restriction than the requirement that someone be required to 
see before they are allowed on the streets with a gun. It just doesn't 
make sense.
  One other point: My colleagues on the other side of the aisle tend to 
advocate for States rights in the broad balance of things. The States 
should have the ability to make these decisions. It is clear the 
District of Columbia, with its high crime rate, is not Nevada, Wyoming, 
or Nebraska. It is clear that firearms cause far more damage in the 
District of Columbia than they do in many other States. Why shouldn't 
the citizens of the District of Columbia have the right to determine, 
within constitutional confines, how those firearms may be used and who 
may have them? If you are for a State being able to decide so many 
other policies, and you don't like the encroaching Federal Government, 
why is it different for guns? I guess that is at the nub of the Ensign 
amendment, Mr. President.
  Somehow the sponsor of this amendment seems to believe that guns are 
different from everything else. The supporters of this amendment seem 
to believe that guns are different from everything else--limitations on 
every other amendment but not the second amendment. States rights is a 
good thing, but not when it comes to the States' or localities' view to 
regulate guns. Why is it different?
  If you want to cite the Heller case in defense of the individual 
right to bear arms, the Heller case also says--Justice Scalia--that 
restrictions on firearms that are reasonable, like bans on mentally ill 
people having access to guns, are constitutional and could be, and 
should be, decided by the citizens of Washington, DC.
  So this amendment, make no mistake about it, if passed, will lead to 
needless maiming and deaths. It is a serious amendment; it is not 
frivolous. It goes way beyond a political statement on an important 
bill. I hope my colleagues will rise to the occasion and reject it.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Connecticut.
  Mr. LIEBERMAN. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. LIEBERMAN. Mr. President, I ask unanimous consent the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Nelson of Florida). Without objection, it 
is so ordered.
  Mr. LIEBERMAN. Mr. President, I have a unanimous consent to offer 
that has been cleared on both sides. It is as follows:
  I ask unanimous consent that at 5:45 p.m. today, the Senate proceed 
to vote in relation to the Coburn amendment No. 581, with the time 
until then equally divided and controlled between Senators Coburn and 
Lieberman or their designees, and that no amendment be in order to the 
Coburn amendment prior to the vote in relation to the amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LIEBERMAN. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. LIEBERMAN. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LIEBERMAN. Mr. President, I ask unanimous consent that I be 
allowed to speak for a few minutes or

[[Page 5529]]

until Senator Coburn arrives, whichever event occurs earlier.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 581

  Mr. LIEBERMAN. I thank the Chair.
  I rise to speak against Coburn amendment No. 581. I suppose that in 
part I should say that this amendment, sponsored as it is by an 
opponent of the underlying bill, accepts one of the major contentions 
we are making about the inequity of the current situation, which is 
that the 600,000 residents of the District of Columbia, uniquely among 
all Americans, do not have voting representation in Congress. 
Nonetheless, they are taxed. I mean, this goes back to one of the early 
American Revolutionary slogans or principles, which is ``taxation 
without representation is tyranny.'' Our proposal, S. 160, the House 
Voting Rights Act, responds to that inequity by providing for voting 
representation in the House of Representatives for the District of 
Columbia. The Coburn amendment takes the opposite view and says that 
since the District does not have representation, well, by God, they 
should not be subject to taxation. So it would eliminate the Federal 
tax. This amendment would eliminate Federal taxes for DC residents. But 
that is not what DC residents are asking or we are offering on their 
behalf. I mean, the point of this is that residents of the District of 
Columbia do pay taxes. They pay higher per capita taxes to the Federal 
Government than any other entity but one. They are second highest, 
approximately $20 billion a year.
  Second, they not only have been conscripted into our military 
services, but since the Volunteer Army, they have volunteered. 
Residents of this District have not only served, but they have 
sacrificed their lives in the cause of American security and freedom.
  So the point is that there is something very, I hope, inspiring about 
this. The residents of the District of Columbia are not asking for any 
free ride. They want to be contributors to America in every way, 
including Federal taxation, but they also expect to be represented in 
the House of Representatives with a voting Representative. So on behalf 
of what I would describe as the patriotic citizens of the District of 
Columbia, I would say this amendment makes a point, but it is not a 
sound or fair one.
  I polled the members of my staff who live in the District of Columbia 
to ask how they would advise me to vote. I am pleased to say that they 
put principle ahead of personal interests and have urged me to vote 
against this amendment.
  I also say that if the amendment passed, we would have yet another 
enormous gap, and this gap we now have between Federal expenditures and 
revenues would grow even larger.
  So perhaps Senator Coburn is making a point, but it is not one that I 
believe we ought to adopt in an amendment; therefore, I would urge my 
colleagues to oppose the amendment.
  The PRESIDING OFFICER. The Senator from Arizona is recognized.
  Mr. KYL. Mr. President, I would like to ask my colleague from 
Connecticut a question or two about this. First of all, I think it is 
correct that all of us would like to see a way, a proper way--and we 
disagree about what that way is--for the residents of the District of 
Columbia to have a full franchise in terms of congressional 
representation. Failing that, I think Senator Coburn was simply saying 
they should not have to pay taxes.
  I was wondering myself about potentially a second-degree amendment 
that might give that option to other States or congressional districts 
on the theory that maybe this would be a two-fer for their 
constituents: they could vote to get rid of their Congressman and the 
income tax. I wonder if my colleague would have an idea about such an 
amendment.
  Mr. LIEBERMAN. To my friend from Arizona, I do have some ideas about 
such an amendment, but I guess it would be best to not verbalize them 
on the floor.
  Actually, we are at a time in our history, difficult as it is 
economically, where I think people are turning to the Federal 
Government and asking for not such a free ride but asking for help. 
There is a wonderful word; I do not know if it is in the dictionary; 
the word is ``deviltry.'' It is another way to say mischievous or 
mischief.
  I think our friend from Oklahoma may be up to a little deviltry with 
this amendment.
  Mr. KYL. I think the Senator from Connecticut is probably right about 
that. His point is to draw an important distinction, and that is that 
there are two elements to this, one being the taxation and the other 
the representation. The Senator from Connecticut rightly points to a 
very important episode in our history where the Founding Fathers tied 
those two together. There are other factors as well.
  I urge support for the amendment.
  The PRESIDING OFFICER. Under the previous order, the question is on 
agreeing to amendment No. 581 offered by the Senator from Oklahoma.
  Mr. LIEBERMAN. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be.
  The clerk will call the roll.
  The bill clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Massachusetts (Mr. 
Kennedy) is necessarily absent.
  The PRESIDING OFFICER (Mr. Burris). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 7, nays 91, as follows:

                      [Rollcall Vote No. 68 Leg.]

                                YEAS--7

     Bunning
     Burr
     Coburn
     DeMint
     Graham
     Kyl
     Wicker

                                NAYS--91

     Akaka
     Alexander
     Barrasso
     Baucus
     Bayh
     Begich
     Bennet
     Bennett
     Bingaman
     Bond
     Boxer
     Brown
     Brownback
     Burris
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Cochran
     Collins
     Conrad
     Corker
     Cornyn
     Crapo
     Dodd
     Dorgan
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Gillibrand
     Grassley
     Gregg
     Hagan
     Harkin
     Hatch
     Hutchison
     Inhofe
     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
     Risch
     Roberts
     Rockefeller
     Sanders
     Schumer
     Sessions
     Shaheen
     Shelby
     Snowe
     Specter
     Stabenow
     Tester
     Thune
     Udall (CO)
     Udall (NM)
     Vitter
     Voinovich
     Warner
     Webb
     Whitehouse
     Wyden

                             NOT VOTING--1

       
     Kennedy
       
  The amendment (No. 581) was rejected.
  Mr. LIEBERMAN. Mr. President, I move to reconsider the vote, and I 
move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. LIEBERMAN. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. AKAKA. 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. AKAKA. Mr. President, as chairman of the District of Columbia 
subcommittee, I rise today in support of S. 160, the District of 
Columbia Voting Rights Act of 2009. I vote to enfranchise thousands of 
District residents and to affirm my commitment to the fundamental right 
of all Americans to participate in our great democracy.
  Despite our Nation's founding principle of ``no taxation without 
representation,'' District of Columbia residents lack full 
representation in Congress. They have sent sons and daughters to war in 
defense of our country, and they have paid Federal taxes in support of 
our Government. Despite this, the distinguished Delegate from the 
District of Columbia lacks a vote on the floor of the House of 
Representatives.
  Fair voting representation is fundamental to our democracy. I 
understand

[[Page 5530]]

the challenges facing the District's residents, and I sympathize with 
its trouble to attain voting representation in Congress. I also 
understand that this will be an ongoing discussion. I am sensitive to 
the concerns raised by my colleagues on the constitutionality of our 
actions.
  Legal scholars have testified before the Homeland Security and 
Governmental Affairs Committee and the Senate Judiciary Committee that 
Congress does have the constitutional authority to extend a vote to a 
District Representative in the House. I believe this legislation is 
constitutional, but ultimately it is the role of the courts to decide.
  Our representative democracy is based on the principle that citizens 
of this country should have a say in the laws that govern this country. 
If citizens disagree with the laws, they have the power to vote for 
different representatives. By extending this core principle to the 
District of Columbia, I believe this bill would be a decisive step 
forward for the rights of DC residents.


                           Amendment No. 575

  Now I wish to address the pending Ensign amendment.
  Today, we are addressing voting rights. Now is not an appropriate 
time to cloud the debate with amendments on gun control. Last year, 
when this gun issue was brought up on the Senate floor before being 
considered by the committee, I joined 10 of my colleagues in a letter 
to the majority leader asking that the bill follow Senate procedures 
and be referred to committee before consideration on the floor.
  As the chairman of the subcommittee charged with the oversight of the 
District of Columbia, I am familiar with the debate on DC's gun 
policies. Last year, the U.S. Supreme Court in the Heller decision 
struck down the District of Columbia's gun ban. Since then, the DC City 
Council has taken necessary steps to comply with the Supreme Court's 
decision, including the passage of legislation to address issues raised 
by the ruling. I do not believe any congressional action is needed to 
help DC comply with the Heller decision, but, more importantly, this is 
not the appropriate time to consider and vote on this issue.
  I am not against gun ownership. I am for self-determination. I 
strongly encourage my colleagues to give the District of Columbia and 
its citizens the opportunity to vote on and establish their own rules 
regarding gun control. It would be ironic if we were to with one hand 
finally give the people of the District voting representation but on 
the other hand take away their right to self-determination by forcing 
them to adopt a gun control policy on which they were unable to vote. 
I, therefore, urge my colleagues to vote no on the Ensign amendment and 
all related amendments.
  I am proud to lend my support for the underlying bill. I urge my 
colleagues to vote in support of voting rights for the residents of the 
District of Columbia and to reject any amendment that would abridge 
those rights or is not germane to the issue at hand.
  Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. LIEBERMAN. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LIEBERMAN. Mr. President, I have a unanimous consent agreement to 
propound which has been cleared on both sides.
  I ask unanimous consent that when the Senate resumes consideration of 
S. 160 on Thursday, February 26, the time until 10:30 a.m. be for 
debate with respect to the Kyl amendment No. 585, with the time equally 
divided and controlled between Senators Kyl and Lieberman or their 
designees, with no amendment in order to the amendment prior to the 
vote, and that at 10:30 a.m. the Senate proceed to vote in relation to 
the amendment.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Mr. LIEBERMAN. I thank the Chair.
  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. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Begich). Without objection, it is so 
ordered.


                             Cloture Motion

  Mr. REID. Mr. President, I send a cloture motion to the desk.
  The PRESIDING OFFICER. The cloture motion having been presented under 
rule XXII, the Chair directs the clerk to read the motion.
  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 S. 160, the 
     District of Columbia House Voting Rights Act of 2009.
         Harry Reid, Richard Durbin, Sheldon Whitehouse, Jeanne 
           Shaheen, Patty Murray, Bernard Sanders, Roland W. 
           Burris, Charles E. Schumer, Debbie Stabenow, Barbara A. 
           Mikulski, Bill Nelson, John F. Kerry, Christopher J. 
           Dodd, Frank R. Lautenberg, Jeff Bingaman, Amy 
           Klobuchar, Robert Menendez, Barbara Boxer.

  Mr. REID. Mr. President, I ask unanimous consent that the mandatory 
quorum call be waived.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Mr. President, I would like to announce to everyone where 
we are in regard to this bill. We have been working through the 
amendments. Senator Lieberman has done a terrific job. I understand 
there will be a few more that may be offered. We expect to have votes 
throughout Thursday on pending amendments, and those that are offered 
on Thursday we are going to try to dispose of those tomorrow.
  I filed cloture today, but I hope it isn't necessary to have this 
cloture vote. However, if necessary, we will look forward to seeing if 
we can get a consent agreement to have the vote tomorrow; otherwise, we 
are going to wind up coming in Friday morning. I hope that is not 
necessary. This is a piece of legislation that has been talked about 
for a long time. We have had it on the Senate floor before. I think 
everyone has had the ability to offer whatever they believe is 
appropriate.
  I really express my appreciation for the cooperation of all Members, 
both Democrats and Republicans, but especially Senator Kyl, who did 
some very good work with Senator Lieberman this afternoon.

                          ____________________




                            MORNING BUSINESS

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

                          ____________________




                         COMMISSION OF INQUIRY

  Mr. LEAHY. When historians look back at the last 8 years, they are 
going to evaluate one of the most secretive administrations in the 
history of the United States. Now, the citizens of this country have 
said we should have change, and we should. But we also know that the 
past can be prologue unless we set things right.
  In the last administration, there was a justification for torture. It 
presided over the abuse at Abu Ghraib, destroyed tapes of harsh 
interrogations, and conducted extraordinary renditions that sent people 
to countries that permit torture during interrogation.
  They used the Justice Department, our premiere law enforcement 
agency, to subvert the intent of congressional statutes, even to 
subvert nonpartisan prosecutions, and instead to use them in partisan 
ways to try to affect the outcome of elections. They wrote secret law 
to give themselves legal cover for these misguided policies, policies 
that could not withstand scrutiny if brought to light.
  Nothing has done more to damage America's standing and moral 
authority than the revelation that during the

[[Page 5531]]

last 8 years we abandoned our historic commitment to human rights by 
repeatedly stretching the law and the bounds of Executive power to 
authorize torture and cruel treatment.
  As President Obama said to Congress and the American people last 
night, ``if we're honest with ourselves, we'll admit that for too long 
we have not always met'' our responsibilities.
  Now, the President said that about the economy, but the same holds 
true here. It is only by understanding how we arrived at this moment 
that we can move forward. How can we restore our moral leadership and 
ensure transparent government if we ignore what has happened?
  There has been discussion, and in some cases disagreement, on how 
best to do this. There are some who resist any effort to investigate 
the misdeeds of the recent past. Indeed, some have tried to extract a 
devil's bargain from Attorney General Holder, a commitment that he 
would not prosecute for anything that happened on President Bush's 
watch. That is a pledge no prosecutor should give, and, to his credit, 
Eric Holder did not.
  There are others who say that regardless of the cost in time, 
resources, and unity, we have to prosecute these administration 
officials to lay down a marker. The courts are already considering 
congressional subpoenas that have been issued and claims of privilege 
and legal immunities, and they will for some time.
  Over my objections, Congress has already passed laws granting 
immunity to those who facilitated warrantless wiretapping and conducted 
cruel interrogations. The Department of Justice issued legal opinions 
justifying these executive branch excesses which, while legally faulty, 
would undermine attempts to prosecute. A failed attempt to prosecute 
for this conduct might be the worst result of all if it is seen as 
justifying abhorrent actions. Given the steps Congress and the 
executive have already taken to shield this conduct from 
accountability, that is a possible outcome.
  The alternative to these approaches is a middle ground, a middle 
ground I spoke of at Georgetown University a little over 2 weeks ago. 
That middle ground would involve the formation of a commission of 
inquiry dedicated to finding out what happened. Such a commission's 
objective would be to find the truth. People would be invited to come 
forward and share their knowledge and experiences, not for the purpose 
of constructing criminal indictments, but to assemble the facts, to 
know what happened and to make sure mistakes are not repeated.
  I have seen what happened before in prosecutions. We don't find the 
full truth. We prosecute those at the bottom of the chair of command, 
but we don't find out what those above did.
  While many are focused on whether crimes were committed, it is just 
as important to learn if significant mistakes were made, regardless of 
whether they can be proven beyond a reasonable doubt to a unanimous 
jury to be criminal conduct. We compound the serious mistakes already 
made if we limit our inquiry to criminal investigations and trials. 
Moreover, it is easier for prosecutors to net those far down the ladder 
than those at the top who set the tone and the policies. We do not yet 
know the full extent of our government's actions in these areas, and we 
must be sure that an independent review goes beyond the question of 
whether crimes were committed, to the equally important assessment of 
whether mistakes were made so we may endeavor not to repeat them. As I 
have said, we must read the page before we turn it.
  Vice President Dick Cheney continues to assert unilaterally that the 
Bush administration's tactics, including torture, were appropriate and 
effective. But interested parties' characterizations and self-serving 
conclusions are not facts and are not the unadulterated truth. We 
cannot let those be the only voices heard, nor allow their declarations 
to serve as historical conclusions on such important questions. An 
independent commission can undertake this broader and fundamental task.
  I am talking about this process with others in Congress, with outside 
groups and experts, and I have begun to discuss this with the White 
House as well. I am not interested in a commission of inquiry comprised 
of partisans, intent on advancing partisan conclusions. Rather, we need 
an independent inquiry that is beyond reproach and outside of partisan 
politics to pursue and find the truth. Such a commission would focus 
primarily on the subjects of national security and executive power in 
the government's counterterrorism effort. We have had successful 
oversight in some areas, but on these issues, including harsh 
interrogation tactics, extraordinary rendition and executive override 
of the laws, the last administration successfully kept many of us in 
the dark about what happened and why.
  President Obama issued significant executive orders in his first days 
in office, looking to close Guantanamo and secret prisons, banning the 
use of harsh interrogation techniques and forming task forces to review 
our detainee and interrogation policies. I support his decisions, and I 
am greatly encouraged by his determination to do the hard work to 
determine how we can reform policies in these areas to be lawful, 
effective and consistent with American values. My proposal for a 
commission of inquiry would address the rest of the picture, which is 
to understand how these types of policies were formed and exercised in 
the last administration, to ensure that mistakes are not repeated. I am 
open to good ideas from all sides as to the best way to set up such a 
commission and to define its scope and goals.
  A recent Gallup poll showed that 62 percent of Americans favor an 
investigation of these very issues. Respected groups including Human 
Rights First, the Constitution Project and thoughtful Senators, 
including Senator Whitehouse and Senator Feingold, have also embraced 
this idea. The determination to look beyond the veil that has so 
carefully concealed the decision making in these areas is growing. Next 
Wednesday, the Judiciary Committee will hold a hearing to explore these 
ideas and to continue the conversation about what we can do moving 
forward.
  Two years ago I described the scandals at the Bush-Cheney-Gonzales 
Justice Department as the worst since Watergate. They were. We are 
still digging out from the debris they left behind while those in the 
last administration continue to defend their policies, knowing full 
well that we do not even know the full extent of what those polices 
were or how they were made. We cannot be afraid to understand what we 
have done if we are to remain a nation equally vigilant in defending 
both our national security and our Constitution. I hope all Members of 
Congress will give serious consideration to these difficult questions.
  I argue it will be the quintessential American thing to do.
  The PRESIDING OFFICER. The Senator from Rhode Island.
  Mr. WHITEHOUSE. Mr. President, during my brief tenure so far in the 
Senate, the Judiciary Committee has confronted many difficult issues, 
battles over judicial nominees, complex legislative matters, a historic 
investigation into misdeeds of the Bush administration's Department of 
Justice. In that process, the committee saw U.S. attorneys fired for 
political reasons, the Civil Rights Division run amok, declassified 
legal theories asserting that the President can secretly ignore his own 
executive orders. We saw unprecedented politicization of a noble 
department, and we saw those Office of Legal Counsel memos approving 
interrogation techniques long understood, long known to be torture. 
Fortunately, throughout that time, Chairman Leahy sought answers. His 
efforts were evenhanded but unyielding. We know so much of what we know 
now because Patrick Leahy was satisfied with nothing less than the 
whole truth.
  Today his work continues, and I wish to speak in support of his 
efforts. The backdrop is, of course, a grim one. Over and over, as I 
travel around my State of Rhode Island, I hear from people facing 
challenges that seem almost insurmountable, challenges President Obama 
spoke about in his address to

[[Page 5532]]

Congress last evening. Every day it gets harder and harder to find a 
job, to pay the bills, to make ends meet. Every day it seems more 
difficult to see a way out. The Bush administration left our country 
deeply in debt, bleeding jobs overseas, our financial institutions 
rotten and weakened and an economy in free-fall. This is the wreckage 
we see everywhere, in shuttered plants, as my colleague from 
Pennsylvania sees at home so cruelly, in long lines, and in worried 
faces. But there is also the damage we cannot see so well, the damage 
below the water line of our democracy, damage caused by a systematic 
effort to twist policy to suit political ends; to substitute ideology 
for science, fact, and law; and to misuse instruments of power.
  If an administration rigged the intelligence process and, on faulty 
intelligence, sent our country to war, if an administration descended 
to interrogation techniques of the Inquisition, of Pol Pot and the 
Khmer Rouge, descended to techniques that we have prosecuted as crimes 
in military tribunals and in Federal courts, if institutions as noble 
as the Department of Justice and as vital as the Environmental 
Protection Agency were subverted by their own leaders, if the integrity 
of our markets and the fiscal security of our budget were open wide to 
the frenzied greed of corporations and speculators and contractors, if 
taxpayers were cheated and the forces of Government rode to the rescue 
of the cheaters and punished the whistleblowers, if our Government 
turned the guns of official secrecy against our own people to mislead, 
confuse, and propagandize them, if the integrity of public officials, 
the warnings of science, the honesty of Government procedures and the 
careful historic balance of our separated powers all were seen as 
obstacles to be overcome and not attributes to be celebrated, if the 
purpose of Government became no longer to solve problems but simply to 
work them for political advantage, and a bodyguard of lies and jargon 
and propaganda was emitted to fool and beguile the American people, 
something very serious would have gone wrong in our country.
  Such damage must be repaired. I submit that as we begin the task of 
rebuilding this Nation, we have a duty to our country to determine how 
great that damage is. Democracy is not a static institution. It is a 
living education, an ongoing education in freedom of a people.
  As Harry Truman said, addressing a joint session of Congress back in 
1947:

       One of the chief virtues of a democracy is that its defects 
     are always visible, and under democratic processes can be 
     pointed out and corrected.

  We have to learn the lessons from this past carnival of folly, greed, 
lies, and wrongdoing so the damage can, under democratic processes, be 
pointed out and corrected. If we bind ourselves to this history, we 
deny ourselves its lessons, lessons that came at too painful a cost to 
ignore.
  Those lessons merit disclosure and discussion. Indeed, disclosure and 
discussion makes the difference between this history being a valuable 
lesson for the bright and upward forces of our democracy or a blueprint 
for those darker forces to return and someday do it all over again. As 
we work toward a brighter future ahead, to days when jobs return to our 
cities, capital to our businesses, and security to our lives, we cannot 
set aside our responsibility to take an accounting of where we are, 
what was done, and what must now be repaired. We also have to brace 
ourselves for the realistic possibility that as some of this conduct is 
exposed, we and the world will find it shameful, revolting. We may have 
to face the prospect of looking with horror at our own country's deeds.
  We are optimists, we Americans. We are proud of our country. 
Contrition comes hard to us. But the path back from the dark side may 
lead us down some unfamiliar valleys of remorse and repugnance before 
we can return to the light. We may have to face our fellow Americans 
saying to us: No, please, tell us we did not do that, tell us Americans 
did not do that. And we will have to explain somehow.
  This is no small feat and not easy. This will not be comfortable or 
proud, but somehow it must be done.
  Chairman Leahy has embarked on the process of considering a new 
commission, one appropriate to the task of investigating the damage the 
Bush administration did to America, to her finest traditions and 
institutions, to her reputation and integrity. The hearing he has 
called in coming days will more thoroughly examine this question to 
help us determine how best to move forward. I stand with him. Before we 
can repair the harm of the last 8 years, we must learn the truth.

                          ____________________




                      REMEMBERING LARRY H. MILLER

  Mr. BENNETT. Mr. President, I wish to speak of one of Utah's most 
outstanding citizens, Larry H. Miller, who passed away recently.
  Larry Miller is a true American success story. He graduated from high 
school. He wasn't able to cut it in college and ended up working in a 
parts department in an auto dealership. Not a very auspicious beginning 
for someone who became a billionaire, but Larry Miller had two things 
that many people do not have. No. 1, he had in effect a photographic 
memory. I understand that if you went to Larry Miller while he was 
running this parts department and asked for an axle or for a head lamp 
or for any other auto part, he knew exactly where it was. Somehow he 
had that in his head and he made a tremendous success out of that. He 
ultimately began his career by buying an auto dealership and then built 
a string of 40 auto dealerships.
  The other thing he had was an incredible work ethic. Larry Miller 
worked hard every day and demanded that kind of performance from those 
who worked with him.
  He is best known in Utah for the fact that he was the minority owner 
of the Utah Jazz, the NBA's least successful team financially. The Jazz 
reached the point where they had to be sold because they couldn't 
survive anymore. They were losing money at every turn. The majority 
partner made a deal whereby the franchise would be sold to someone 
outside of the State. As minority partner, Larry Miller was required to 
sign the deal. He picked up the pen to sign the deal and then he 
couldn't bring himself to sign it, and he turned to the majority 
partner and said, Sam, I can't do it. So he bought the majority partner 
out, kept the Jazz in Utah, and then he presided over the revival of 
the Jazz. They won more games. They have been in the playoffs more than 
most people. They have been to the national finals twice and the only 
reason they haven't won an NBA national championship is because the 
Chicago Bulls had Michael Jordan at the time. Against any other team or 
any other star, the Jazz would have won the NBA championship. I 
remember the last failed game very well, and the shot Jordan put up 
that won the game that was fantastic, but that was Jordan's legacy.
  Larry Miller is known for all of these things, but that is not how I 
wish to remember him before the Senate here today, because this man, 
who was a philanthropist and gave his money to community colleges to 
help people who were more like him in terms of their academic needs, 
became in his later years a history buff. He fell in love with the 
Founding Fathers. I remember talking to Larry Miller about John Adams, 
about Thomas Jefferson, and recommending a book to him. He had just 
read McCullough's book on John Adams and I said, Have you read Joseph 
Ellis's book, ``Founding Brothers''? He said, no. I said, I will send 
it to you. I got caught up in all of my difficulties and all of my 
distractions and realized I had failed to keep my word. So finally, 
with some embarrassment, I got hold of Larry and said, I apologize I 
have not sent you a copy of ``Founding Brothers.'' He said, that is all 
right, Senator. I went out and bought one on my own. He followed 
through where I didn't.
  He fell in love with this country, not as an entrepreneur, although 
he did that way; not as someone who had been very successful and 
blessed by this country, although he did that way; but toward the end 
of his life he fell in love with this country as one who studied

[[Page 5533]]

its history and understood its underpinnings. He was generous. He was 
inventive. He was tenacious. The people of Utah have been more than 
blessed by the fact that he chose Utah as his home. We miss him 
terribly and extend our deepest sympathies to his family.

                          ____________________




             SPECIAL COMMITTEE ON AGING RULES OF PROCEDURE

  Mr. KOHL. Mr. President, I ask unanimous consent to have the rules of 
procedure for the Special Committee on Aging printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

         Special Committee on Aging--Jurisdiction and Authority

     S. Res. 4, Sec. 104, 95th Congress, 1st Session (1977)
       (a)(1) There is established a Special Committee on Aging 
     (hereafter in this section referred to as the ``special 
     committee'') which shall consist of nineteen Members. The 
     Members and chairman of the special committee shall be 
     appointed in the same manner and at the same time as the 
     Members and chairman of a standing committee of the Senate. 
     After the date on which the majority and minority Members of 
     the special committee are initially appointed on or affect 
     the effective date of title I of the Committee System 
     Reorganization Amendments of 1977, each time a vacancy occurs 
     in the Membership of the special committee, the number of 
     Members of the special committee shall be reduced by one 
     until the number of Members of the special committee consists 
     of nine Senators.
       (2) For the purposes of paragraph 1 of rule XXV; paragraphs 
     1, 7(a)(1)-(2), 9, and 10(a) of rule XXVI; and paragraphs 
     1(a)-(d), and 2(a) and (d) of rule XXVII of the Standing 
     Rules of the Senate; and the purposes of section 202(I) and 
     (j) of the Legislative Reorganization Act of 1946, the 
     special committee shall be treated as a standing committee of 
     the Senate.
       (b)(1) It shall be the duty of the special committee to 
     conduct a continuing study of any and all matters pertaining 
     to problems and opportunities of older people, including, but 
     not limited to, problems and opportunities of maintaining 
     health, of assuring adequate income, of finding employment, 
     of engaging in productive and rewarding activity, of securing 
     proper housing, and when necessary, of obtaining care or 
     assistance. No proposed legislation shall be referred to such 
     committee, and such committee shall not have power to report 
     by bill, or otherwise have legislative jurisdiction.
       (2) The special committee shall, from time to time (but not 
     less than once a year), report to the Senate the results of 
     the study conducted pursuant to paragraph (1), together with 
     such recommendation as it considers appropriate.
       (c)(1) For the purposes of this section, the special 
     committee is authorized, in its discretion, (A) to make 
     investigations into any matter within its jurisdiction, (B) 
     to make expenditures from the contingent fund of the Senate, 
     (C) to employ personnel, (D) to hold hearings, (E) to sit and 
     act at any time or place during the sessions, recesses, and 
     adjourned periods of the Senate, (F) to require, by subpoena 
     or otherwise, the attendance of witnesses and the production 
     of correspondence books, papers, and documents, (G) to take 
     depositions and other testimony, (H) to procure the serve of 
     individual consultants or organizations thereof (as 
     authorized by section 202(I) of the Legislative 
     Reorganization Act of 1946, as amended) and (I) with the 
     prior consent of the Government department or agency 
     concerned and the Committee on Rules and Administration, to 
     use on a reimbursable basis the services of personnel of any 
     such department or agency.
       (2) The chairman of the special committee or any Member 
     thereof may administer oaths to witnesses.
       (3) Subpoenas authorized by the special committee may be 
     issued over the signature of the chairman, or any Member of 
     the special committee designated by the chairman, and may be 
     served by any person designated by the chairman or the Member 
     signing the subpoena.
       (d) All records and papers of the temporary Special 
     Committee on Aging established by Senate Resolution 33, 
     Eighty-seventh Congress, are transferred to the special 
     committee.

                           Rules of Procedure


                        I. CONVENING OF MEETINGS

       1. Meetings. The Committee shall meet to conduct Committee 
     business at the call of the Chairman. The Members of the 
     Committee may call additional meetings as provided in Senate 
     Rule XXVI (3).
       2. Notice and Agenda:
       (a) Written Notice. The Chairman shall give the Members 
     written notice of any Committee meeting, accompanied by an 
     agenda enumerating the items of business to be considered, at 
     least 5 days in advance of such meeting.
       (b) Shortened Notice. A meeting may be called on not less 
     than 24 hours notice if the Chairman, with the concurrence of 
     the Ranking Minority Member, determines that there is good 
     cause to begin the meeting on shortened notice. An agenda 
     will be furnished prior to such a meeting.
       3. Presiding Officer. The Chairman shall preside when 
     present. If the Chairman is not present at any meeting, the 
     Ranking Majority Member present shall preside.


                       II. CONVENING OF HEARINGS

       1. Notice. The Committee shall make public announcement of 
     the date, place and subject matter of any hearing at least 
     one week before its commencement. A hearing may be called on 
     not less than 24 hours notice if the Chairman, with the 
     concurrence of the Ranking Minority Member, determines that 
     there is good cause to begin the hearing on shortened notice.
       2. Presiding Officer. The Chairman shall preside over the 
     conduct of a hearing when present; or, whether present or 
     not, may delegate authority to preside to any Member of the 
     Committee.
       3. Witnesses. Witnesses called before the Committee shall 
     be given, absent extraordinary circumstances, at least forty-
     eight hours notice, and all witnesses called shall be 
     furnished with a copy of these rules upon request.
       4. Oath. All witnesses who testify to matters of fact shall 
     be sworn unless the Committee waives the oath. The Chairman, 
     or any Member, may request and administer the oath.
       5. Testimony. At least 72 hours in advance of a hearing, 
     each witness who is to appear before the Committee shall 
     submit his or her testimony by way of electronic mail, in a 
     format determined by the Committee and sent to an electronic 
     mail address specified by the Committee, unless the Chairman 
     and Ranking Minority Member determine that there is good 
     cause for a witness's failure to do so. A witness shall be 
     allowed no more than ten minutes to orally summarize his or 
     her prepared statement. Officials of the federal government 
     shall file 100 copies of such statement with the clerk of the 
     Committee 72 hours in advance of their appearance, unless the 
     Chairman and the Ranking Minority Member determine there is 
     good cause for noncompliance.
       6. Counsel. A witness's counsel shall be permitted to be 
     present during his testimony at any public or closed hearing 
     or depositions or staff interview to advise such witness of 
     his or her 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 Chairman may rule that 
     representation by counsel from the government, corporation, 
     or association creates a conflict of interest, and that the 
     witness shall be represented by personal counsel not from the 
     government, corporation, or association.
       7. Transcript. An accurate electronic or stenographic 
     record shall be kept of the testimony of all witnesses in 
     closed sessions and public hearings. Any witness shall be 
     afforded, upon request, the right to review that portion of 
     such record, and for this purpose, a copy of a witness's 
     testimony in public or closed session shall be provided to 
     the witness. Upon inspecting his or her transcript, within a 
     time limit set by the committee clerk, a witness may request 
     changes in testimony to correct errors of transcription, 
     grammatical errors, and obvious errors of fact. The Chairman 
     or a staff officer designated by him shall rule on such 
     request.
       8. Impugned Persons. Any person who believes that evidence 
     presented, or comment made by a Member or staff, at a public 
     hearing or at a closed hearing concerning which there have 
     been public reports, tends to impugn his or her character or 
     adversely affect his or her reputation may:
       (a) file a sworn statement of facts relevant to the 
     evidence or comment, which shall be placed in the hearing 
     record; and
       (b) request the opportunity to appear personally before the 
     Committee to testify in his or her own behalf.
       9. Minority Witnesses. Whenever any hearing is conducted by 
     the Committee, the Ranking Member, to call at least one 
     witness to testify or produce documents with respect to the 
     measure or matter under consideration at the hearing. Such 
     request must be made before the completion of the hearing or, 
     if subpoenas are required to call the minority witnesses, no 
     later than three days before the hearing.
       10. Conduct of Witnesses, Counsel and Members of the 
     Audience. If, during public or executive sessions, a witness, 
     his or her counsel, or any spectator conducts him 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 Committee present during 
     such hearing may request the Sergeant at Arms of the Senate, 
     his representative or any law enforcement official to eject 
     said person from the hearing room.


            III. Closed Sessions and Confidential Materials

       1. Procedure. All meetings and hearings shall be open to 
     the public unless closed. To close a meeting or hearing or 
     portion thereof, a motion shall be made and seconded to go 
     into closed discussion of whether the meeting or hearing will 
     concern Committee

[[Page 5534]]

     investigations or matters enumerated in Senate Rule 
     XXVI(5)(b). Immediately after such discussion, the meeting or 
     hearing or portion thereof may be closed by a vote in open 
     session of a majority of the Members of the Committee 
     present.
       2. Witness Request. Any witness called for a hearing may 
     submit a written request to the Chairman no later than 
     twenty-four hours in advance for his or her examination to be 
     in closed or open session. The Chairman shall inform the 
     Committee of any such request.
       3. Confidential Matter. No record made of a closed session, 
     or material declared confidential by a majority of the 
     Committee, or report of the proceedings of a closed session, 
     shall be made public, in whole or in part or by way of 
     summary, unless specifically authorized by the Chairman and 
     Ranking Minority Member.


                            IV. Broadcasting

       1. Control. Any meeting or hearing open to the public may 
     be covered by television, radio, or still photography. Such 
     coverage must be conducted in an orderly and unobtrusive 
     manner, and the Chairman may for good cause terminate such 
     coverage in whole or in part, or take such other action to 
     control it as the circumstances may warrant.
       2. Request. A witness may request of the Chairman, on 
     grounds of distraction, harassment, personal safety, or 
     physical discomfort, that during his or her testimony 
     cameras, media microphones, and lights shall not be directed 
     at him or her.


                         V. Quorums and Voting

       1. Reporting. A majority shall constitute a quorum for 
     reporting a resolution, recommendation or report to the 
     Senate.
       2. Committee Business. A third shall constitute a quorum 
     for the conduct of Committee business, other than a final 
     vote on reporting, providing a minority Member is present.
       3. Hearings. One Member shall constitute a quorum for the 
     receipt of evidence, the swearing of witnesses, and the 
     taking of testimony at hearings.
       4. Polling:
       (a) Subjects. The Committee may poll (1) internal Committee 
     matters including those concerning the Committee's staff, 
     records, and budget; (2) other Committee business which has 
     been designated for polling at a meeting.
       (b) Procedure. The Chairman shall circulate polling sheets 
     to each Member specifying the matter being polled and the 
     time limit for completion of the poll. If any Member so 
     requests in advance of the meeting, the matter shall be held 
     for meeting rather than being polled. The clerk shall keep a 
     record of polls. If the Chairman determines that the polled 
     matter is one of the areas enumerated in Rule III(1), the 
     record of the poll shall be confidential. Any Member may 
     request a Committee meeting following a poll for a vote on 
     the polled decision.


                           VI. Investigations

       1. Authorization for Investigations. All investigations 
     shall be conducted on a bipartisan basis by Committee staff. 
     Investigations may be initiated by the Committee staff upon 
     the approval of the Chairman and the Ranking Minority Member. 
     Staff shall keep the Committee fully informed of the progress 
     of continuing investigations, except where the Chairman and 
     the Ranking Minority Member agree that there exists temporary 
     cause for more limited knowledge.
       2. Subpoenas. Subpoenas for the attendance of witnesses or 
     the production of memoranda, documents, records, or any other 
     materials shall be issued by the Chairman, or by any other 
     Member of the Committee designated by him. Prior to the 
     issuance of each subpoena, the Ranking Minority Member, and 
     any other Member so requesting, shall be notified regarding 
     the identity of the person to whom the subpoena will be 
     issued and the nature of the information sought, and its 
     relationship to the investigation.
       3. Investigative Reports. All reports containing findings 
     or recommendations stemming from Committee investigations 
     shall be printed only with the approval of a majority of the 
     Members of the Committee.


                    VII. Depositions and Commissions

       1. Notice. Notices for the taking of depositions in an 
     investigation authorized by the Committee shall be authorized 
     and issued by the Chairman or by a staff officer designated 
     by him. Such notices shall specify a time and place for 
     examination, and the name of the staff officer or officers 
     who will take the deposition. Unless otherwise specified, the 
     deposition shall be in private. The Committee shall not 
     initiate procedures leading to criminal or civil enforcement 
     proceedings for a witness's failure to appear unless the 
     deposition notice was accompanied by a Committee subpoena.
       2. Counsel. Witnesses may be accompanied at a deposition by 
     counsel to advise them of their rights, subject to the 
     provisions of Rule II(6).
       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 
     Committee staff. Objections by the witnesses as to the form 
     of questions shall be noted by the record. If a witness 
     objects to a question and refuses to testify on the basis of 
     relevance or privilege, the Committee 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 
     a Member of the Committee. If the Member overrules the 
     objection, he or she may refer the matter to the Committee or 
     the Member may order and direct the witness to answer the 
     question, but the Committee shall not initiate the 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 Committee.
       4. Filing. The Committee 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. No later than five days thereafter, the witness shall 
     return a signed copy, and the staff shall enter the changes, 
     if any, requested by the witness in accordance with Rule 
     II(7). If the witness fails to return a signed copy, the 
     staff shall note on the transcript the date a copy was 
     provided and the failure to return it. 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 to the testimony, and the transcript shall then be 
     filed with the Committee clerk. Committee staff may stipulate 
     with the witness to changes in this procedure; deviations 
     from the procedure which do not substantially impair the 
     reliability of the record shall not relieve the witness from 
     his or her obligation to testify truthfully.
       5. Commissions. The Committee may authorize the staff, by 
     issuance of commissions, to fill in prepared subpoenas, 
     conduct field hearings, inspect locations, facilities, or 
     systems of records, or otherwise act on behalf of the 
     Committee. Commissions shall be accompanied by instructions 
     from the Committee regulating their use.


                          VIII. Subcommittees

       1. Establishment. The Committee will operate as a Committee 
     of the Whole, reserving to itself the right to establish 
     temporary subcommittees at any time by majority vote. The 
     Chairman of the full Committee and the Ranking Minority 
     Member shall be ex officio Members of all subcommittees.
       2. Jurisdiction. Within its jurisdiction as described in 
     the Standing Rules of the Senate, each subcommittee is 
     authorized to conduct investigations, including use of 
     subpoenas, depositions, and commissions.
       3. Rules. A subcommittee shall be governed by the Committee 
     rules, except that its quorum for all business shall be one-
     third of the subcommittee Membership, and for hearings shall 
     be one Member.


                              IX. Reports

       Committee reports incorporating Committee findings and 
     recommendations shall be printed only with the prior approval 
     of a majority of the Committee, after an adequate period for 
     review and comment. The printing, as Committee documents, of 
     materials prepared by staff for informational purposes, or 
     the printing of materials not originating with the Committee 
     or staff, shall require prior consultation with the minority 
     staff; these publications shall have the following language 
     printed on the cover of the document: ``Note: This document 
     has been printed for informational purposes. It does not 
     represent either findings or recommendations formally adopted 
     by the Committee.''


                         X. Amendment of Rules

       The rules of the Committee may be amended or revised at any 
     time, provided that not less than a majority of the Committee 
     present so determine at a Committee meeting preceded by at 
     least 3 days notice of the amendments or revisions proposed.

                          ____________________




COMMITTEE ON OVERSIGHT OF GOVERNMENT MANAGEMENT, THE FEDERAL WORKFORCE, 
            AND THE DISTRICT OF COLUMBIA 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' Subcommittee on Oversight of Government 
Management, the Federal Workforce, and the District of Columbia adopted 
subcommittee Rules of Procedure.
  Consistent with Standing Rule XXVI, today I ask unanimous consent to 
have printed in the Record a copy of the rules of procedure of the 
Subcommittee on Oversight of Government Management, the Federal 
Workforce, and the District of Columbia.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

[[Page 5535]]



     RULES OF PROCEDURE OF THE COMMITTEE ON HOMELAND SECURITY AND 
                          GOVERNMENTAL AFFAIRS

    Subcommittee on Oversight of Government Management, the Federal 
                Workforce, and the District of Columbia

       (1) Subcommittee Rules.--The Subcommittee shall be 
     governed, where applicable, by the rules of the full 
     Committee on Homeland Security and Governmental Affairs and 
     the Standing Rules of the Senate.
       (2) Quorums.
       (A) Transaction of Routine Business.--One-third of the 
     membership of the Subcommittee shall constitute a quorum for 
     the transaction of routine business, provided that one Member 
     of the Minority is present. For the purpose of this 
     paragraph, the term ``routine business'' includes the 
     convening of a meeting and the consideration of any business 
     of the Subcommittee other than reporting to the full 
     Committee on Homeland Security and Governmental Affairs any 
     measures, matters or recommendations.
       (B) Taking Testimony.--One Member of the Subcommittee shall 
     constitute a quorum for taking sworn or unsworn testimony.
       (C) Proxies Prohibited in Establishment of Quorum.--Proxies 
     shall not be considered for the establishment of a quorum.
       (3) Subcommittee Subpoenas.--The Chairman of the 
     Subcommittee, with the approval of the Ranking Minority 
     Member of the Subcommittee, is authorized to subpoena the 
     attendance of witnesses or the production of memoranda, 
     documents, records, or any other materials at a hearing, 
     provided that the Chairman may subpoena attendance or 
     production without the approval of the Ranking Minority 
     Member where the Chairman or a staff officer designated by 
     him/her has not received notification from the Ranking 
     Minority Member or a staff officer designated by him/her of 
     disapproval of the subpoena within 72 hours, excluding 
     Saturdays and Sundays, of being notified of the subpoena. If 
     a subpoena is disapproved by the Ranking Minority Member as 
     provided herein, the subpoena may be authorized by vote of 
     the Members of the Subcommittee.
       Immediately upon authorization of the issuance of a 
     subpoena under these rules, a written notice of intent to 
     issue the subpoena shall be provided to the Chairman and 
     Ranking Minority Member of the full Committee on Homeland 
     Security and Governmental Affairs, or staff officers 
     designated by them, by the Subcommittee Chairman or a staff 
     officer designated by him/her, 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 of the full Committee on 
     Homeland Security and Governmental Affairs waive the 48-hour 
     waiting period or unless the Subcommittee Chairman certifies 
     in writing to the Chairman and Ranking Minority Member of the 
     full Committee that, in his or her opinion, it is necessary 
     to issue a subpoena immediately.
       When the Subcommittee or its Chairman authorizes subpoenas, 
     subpoenas may be issued upon the signature of the Chairman or 
     any other Member of the Subcommittee designated by the 
     Chairman.

                          ____________________




                         CJS PROJECT DISCLOSURE

  Ms. MIKULSKI. Mr. President, as chairwoman of the Appropriations 
Subcommittee on Commerce, Justice, Science and Related Agencies, I rise 
today to clarify for the U.S. Senate the sponsorship of six 
congressionally designated projects included in the Joint Explanatory 
Statement to accompany H.R. 1105, the Fiscal Year 2009 Omnibus 
Appropriations Act. Specifically:
  Senators Mark Warner and Webb should be listed as having requested 
funding for the Virginia Institute of Marine Science, Glouchester, VA, 
for the Virginia Trawl Survey funded through the National Oceanic and 
Atmospheric Administration;
  Senator Murray should be listed as having requested funding for the 
city of Vancouver, WA, for a new records management system funded 
through the Department of Justice;
  Senator Cantwell should not be listed as having requested funding for 
the city of Vancouver, WA, for a new records management system funded 
through the Department of Justice;
  Senators Reid, Ensign, Reed, Schumer, Sessions, Smith, Voinovich, 
Whitehouse, Wyden, Bennett, Biden, Hatch, Kennedy, Kerry, Landrieu, 
Lautenberg and Leahy should be listed as having requested funding for 
the National Council of Juvenile and Family Court Judges, Reno, Nevada, 
for the Child Abuse Training Programs for Judicial Personnel: Victims 
Act Model Courts Project, funded through the Department of Justice;
  Senators Kohl, Leahy, Reed, Crapo and Whitehouse should be the only 
Senators listed as having requested funding for the National Crime 
Prevention Council, Arlington, Virginia, funded through the Department 
of Justice; and
  Senator Murray should be listed as having requested funding for the 
Safe Streets Campaign, Tacoma, WA, for the Pierce County Regional Gang 
Prevention Initiative funded through the Department of Justice.

                          ____________________




                       NATIONAL PEACE CORPS WEEK

  Mrs. SHAHEEN. Mr. President, I rise today in celebration of National 
Peace Corps Week and in honor of the thousands of Americans who serve 
throughout the world as Peace Corps volunteers.
  Since the Peace Corps' founding in 1961 by President John F. Kennedy, 
over 195,000 U.S. citizens have chosen to serve their country as Peace 
Corps volunteers. Today, nearly 8,000 Peace Corps volunteers serve 
abroad in 76 different countries.
  In my own home State of New Hampshire, 54 volunteers have heard the 
call and are currently devoting their time, energy, and lives to 
fulfilling the vision of President Kennedy and serving their country 
abroad in the cause of peace. They are placed throughout the developing 
world--from Morocco, where one New Hampshire volunteer is educating 
community leaders on improving access to safe drinking water, to 
Macedonia, where another is teaching English to grade school children 
in a small rural village.
  I would like to take a second and recognize each of these citizen 
ambassadors and the nearly 1,500 Peace Corps volunteers from New 
Hampshire that have served since 1961. In honor of their efforts, I 
will ask consent that the attached list of current New Hampshire 
volunteers be printed in the Congressional Record. New Hampshire is 
proud of your service, and we will continue to stand solidly behind 
you.
  The Peace Corps was founded on the ideal that each of us has the 
responsibility to serve our country and leave our world in a better 
place than we found it. This dual commitment to U.S. interests and the 
global good is a testament to the fact that in today's interconnected 
world, American security and prosperity are inextricably linked to the 
security and prosperity of people residing in the far corners of our 
globe. Peace Corps volunteers understand better than anyone that we are 
truly all in this together.
  Peace Corps volunteers work on the front lines in our battle for 
hearts and minds throughout the world. They serve as teachers, business 
professionals, health educators, management specialists, information 
technology advisors, mentors and friends to citizens across the globe. 
These unofficial ambassadors help develop trust and establish 
relationships that are critical to American influence and global 
stability. Upon the completion of their service abroad, these 
volunteers then return home to promote a better understanding here in 
America of the culture, language and viewpoint of those they have 
served.
  These volunteers have all done their part to make the world a better 
place and, in turn, have contributed a great deal to U.S. national 
interests and global security. In our 21st century world, where the 
threats and challenges that confront America and the global community 
cannot be overcome by the might of our military alone, Peace Corps 
volunteers are laying the foundation for a more secure and prosperous 
world.
  In honor of National Peace Corps Week and in celebration of the Peace 
Corps' 48th Anniversary on March 1, 2009, I would like to recognize 
those volunteers from New Hampshire, as well as all past and current 
Peace Corps volunteers, for their commitment to securing a better world 
for us and our children.
  As a member of the Senate Foreign Relations Committee and the chair 
of the Foreign Relations Subcommittee on European Affairs, I will work 
with our allies and friends throughout the world in the development of 
an American foreign policy that matches the passion and commitment to 
service of our Peace Corps volunteers abroad.

[[Page 5536]]

  Mr. President, I ask unanimous consent to have the list of current 
New Hampshire volunteers to which I referred printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                SWORN-IN VOLUNTEERS IN THE STATE OF NEW HAMPSHIRE
----------------------------------------------------------------------------------------------------------------
            Volunteer name                Country of service     Start of service date      Projected COS date
----------------------------------------------------------------------------------------------------------------
Alden, Elizabeth E...................   Mali..................   21-Sep-2007...........   21-Sep-2009
Ballentine, Danny P..................   Turkmenistan..........   05-Dec-2008...........   05-Dec-2010
Ballentine, Heidi C..................   Turkmenistan..........   05-Dec-2008...........   05-Dec-2010
Bardo, Johanna E.....................   Suriname..............   01-Aug-2008...........   17-Aug-2010
Bardo, Nicholas W....................   Guatemala.............   12-May-2006...........   25-Ju1-2009
Barnaby, Emily R.....................   Benin.................   21-Sep-2007...........   20-Sep-2009
Baron, Lindsey M.....................   Cambodia..............   04-Apr-2007...........   06-Mar-2009
Bootland, Diane C....................   Belize................  29-Oct-2008............   22-Oct-2010
Brooks, Evan D.......................   Ukraine...............  19-Dec-2007............   17-Dec-2009
Cahill, Michael P....................   Mali..................  12-Sep-2008............   11-Sep-2010
Campbell, Adam S.....................   Morocco...............   19-May-2008...........   28-May-2010
Chauvin, Nia G.......................   Mozambique............   07-Dec-2007...........   05-Dec-2009
Coes, Casey P........................   Morocco...............   19-May-2008...........   28-May-2010
Cooper, Elliot A.....................   Ecuador...............   20-Apr-2007...........   20-Apr-2009
Crosby, Andrea J.....................   Ecuador...............   20-Apr-2007...........   20-Apr-2009
Dallmann, Seth D.....................   Vanuatu...............   21-Jun-2007...........   19-Jun-2009
Drapcho, Amanda C....................   Gambia................   18-Apr-2008...........   17-Apr-2010
Estabrook, Kate P....................   Suriname..............   01-Aug-2008...........   17-Aug-2010
Evans, Nicole A......................   Lesotho...............   08-Jan-2009...........   23-Jan-2011
Geller, Amanda L.....................   Guatemala.............   18-Jul-2008...........   17-Ju1-2010
Guthro, Kaitlyn A....................   Kyrgyzstan............   18-Sep-2008...........   17-Sep-2010
Handel, Ian D........................   Ecuador...............   29-Aug-2008...........   27-Aug-2010
Hannon, Mark F.......................   Mali..................   12-Sep-2008...........   11-Sep-2010
Hannon, Samantha B...................   Mali..................   12-Sep-2008...........   11-Sep-2010
Haslam, Meghan J.....................   Nicaragua.............   17-Nov-2006...........   16-Apr-2009
Heaney, Jason........................   Macedonia.............   14-Dec-2007...........   13-Dec-2009
Hendel, Sarah J......................   Turkmenistan..........   05-Dec-2008...........   05-Dec-2010
Hureau, Jonathan R...................   Mozambique............   07-Dec-2007...........   05-Dec-2009
Joyce, Judith A......................   Eastern Caribbean.....   17-Oct-2008...........   15-Oct-2010
Keniston, Charlotte S................   Guatemala.............   31-Oct-2008...........   30-Oct-2010
Langlois, Breanne K..................   Ethiopia..............   13-Dec-2007...........   13-Dec-2009
Lefrancois, Peter G..................   Mali..................   29-Sep-2006...........   30-Jun-2009
Luz, Robert A........................   Ghana.................   21-Aug-2007...........   20-Aug-2009
Mackie, Laura K......................   Ukraine...............   18-Jun-2008...........   17-Jun-2010
McGlone, Michael R...................   Fiji..................   24-Ju1-2008...........   30-Ju1-2010
Mclaughlin, Matt.....................   Senegal...............   17-Nov-2006...........   14-Dec-2009
Melvin, Adam T.......................   Jordan................   04-Sep-2008...........   09-Sep-2010
Mitchell, Cara M.....................   Nicaragua.............   20-Jul-2007...........   17-Jul-2009
Moulton, James D.....................   Mongolia..............   18-Aug-2007...........   19-Aug-2009
Moulton, Julie B.....................   Mongolia..............   18-Aug-2007...........   19-Aug-2009
Murray, Sarah M......................   Cambodia..............   04-Apr-2007...........   27-Mar-2009
O'Hara, Emily B......................   Romania...............   05-May-2008...........   18-May-2010
Oscadal, Maureen E...................   Zambia................   30-Mar-2006...........   30-Apr-2009
Pridgen, Victoria P..................   Niger.................   25-Sep-2007...........   25-Sep-2009
Raymond, Anne G......................   Cameroon..............   24-Aug-2007...........   26-Jun-2009
Sandri, John B.......................   Moldova...............   22-Nov-2007...........   20-Nov-2009
Sawicki, Erin M......................   Botswana..............   21-Jun-2007...........   20-Jun-2009
Sehovich, Jessica N..................   Ukraine...............   18-Jun-2008...........   17-Jun-2010
Simonson, Duncan A...................   Panama................   22-Oct-2008...........   21-Oct-2010
Stout, Judith........................   South Africa..........   03-Apr-2008...........   27-Mar-2010
Sullivan, Steven W...................   Senegal...............   07-Nov-2008...........   09-Nov-2010
Vinson, Laura M......................   Ecuador...............   29-Aug-2008...........   27-Aug-2010
Whitmore, Martha E...................   Peru..................   29-Nov-2007...........   29-Nov-2009
Whittaker, Brendan J.................   Senegal...............   12-May-2007...........   11-May-2009
----------------------------------------------------------------------------------------------------------------


                                                                                         

                          ____________________


                         HUMAN RIGHTS IN KENYA

  Mr. LEAHY. Mr. President, during the past year, I and other Senators 
have urged the Government of Kenya to effectively address reports of 
egregious misconduct by its police and military forces, including 
torture and summary executions. The Mount Elgon killings, culminating 
in the slaughter of some 200 people by the police and army soldiers in 
2008, were particularly appalling, yet the government has yet to 
conduct a credible, transparent, thorough investigation.
  We now have the report of the United Nations Special Rapporteur, 
which confirms, again, the conclusions of multiple human rights 
organizations. I would hope that the Government of Kenya recognizes 
that it is in its interest, and that it has a responsibility, to 
promptly implement the Special Rapporteur's recommendations.
  Kenya is an ally and friend of the United States. In fact, we are 
training some of Kenya's security forces. It is imperative that these 
violations be addressed urgently and decisively, and that the 
individuals involved in these atrocities, including those who gave the 
orders, are brought to justice.
  I ask unanimous consent that a press release on the Special 
Rapporteur's report be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                From the Press Center--U.N. Headquarters

       Nairobi, February 25, 2009.--Today, the UN Special 
     Rapporteur on extrajudicial executions, Mr. Philip Alston, 
     concluded his 16-25 February 2009 fact-finding mission to 
     Kenya.
       The UN independent expert stated that, ``Killings by police 
     in Kenya are systematic, widespread and carefully planned. 
     They are committed at will and with utter impunity.'' He also 
     found that death squads were set up upon the orders of senior 
     police officials to exterminate the Mungiki.
       He called on the President of Kenya to acknowledge the 
     widespread problem of extrajudicial executions in Kenya and 
     to commit to systemic reform. ``Effective leadership on this 
     issue can only come from the very top, and sweeping reforms 
     to the policing sector should begin with the immediate 
     dismissal of the Police Commissioner,'' concluded the 
     independent expert. ``Further, given his role in encouraging 
     the impunity that exists in Kenya, the Attorney-General 
     should resign so that the integrity of the office can be 
     restored.''
       In addition, the Special Rapporteur found compelling 
     evidence that in Mt Elgon, the police and military committed 
     organised torture and extrajudicial executions against 
     civilians during their 2008 operation to flush out the Sabaot 
     Land Defence Force militia. ``For two years, the SLDF militia 
     terrorized the population and the Government did far too 
     little. And when the Government did finally act, they 
     responded with their own form of terror and brutality, 
     killing over 200 people.'' He said that since the security 
     forces had not investigated the allegations in any convincing 
     manner ``the Government should immediately act to set up an 
     independent commission for Mount Elgon, modeled on the Waki 
     Commission''.
       With respect to the accountability for the post-election 
     violence, the Special Rapporteur stated that the setting up 
     of the Special Tribunal for Kenya was ``absolutely 
     indispensible to ensure that Kenya does not again descend 
     into chaos during the 2012 elections.'' He called on civil 
     society and the international community to take a firm line 
     on its establishment. ``At the same time, this is an ideal 
     case for the ICC to urgently take up'', he added, stressing 
     that the two

[[Page 5537]]

     approaches were not mutually exclusive and a two-track 
     approach should be adopted.
       The Special Rapporteur also recommended that an independent 
     civilian police oversight body be established, that records 
     of police killings be centralized, that an independent 
     Department of Public Prosecutions be created, across-the-
     board vetting of the police be undertaken, the setting up of 
     an independent witness protection program, that the 
     Government issue substantive responses to KNCHR reports, and 
     compensation for the victims of those unlawfully killed.
       In the course of his ten-day visit, the Special Rapporteur 
     visited Nairobi, Central, Rift Valley, Western and Nyanza 
     Provinces. He conducted in-depth private interviews with more 
     than one hundred victims and witnesses. Mr. Alston met with 
     senior Government officials, including the Prime Minister, 
     the Minister of Justice, the Assistant Minister of Defence, 
     the Chief of Police and the Chief of Staff of the Armed 
     Forces, as well as officials at the provincial and district 
     levels. He also met with the Kenya National Commission on 
     Human Rights, the independent national human rights 
     institution, as well as with civil society organizations.
       The full text of the Special Rapporteur's statement is 
     available at www.extrajudicialexecutions.org.

                          ____________________




                        TRIBUTE TO LEON FLEISHER

  Mr.-AHY. Mr.Presdient, this week, one of the indomitable artists of 
our age will take the stage of the Kennedy Center Concert Hall, as the 
great pianist Leon Fleisher teams up with the London Philharmonic 
Orchestra. His range, commanding technique and total sense of the 
music's natural shape and scope will surely captivate the audience. 
This is a fitting occasion to take note of a great artist, teacher and 
humanitarian who, through his playing, has touched the souls of so 
many.
  In the early years of his career, Leon Fleisher astounded audiences 
with a golden sound. His career then seemed tragically cut short when 
he began suffering from a rare neurological condition that rendered his 
right hand unable to play. Instead of withdrawing from the musical 
world, Leon Fleisher remained in close contact with music through 
conducting, teaching and playing scores specially written for pianists 
who lost use of their right hands. He persisted in the effort to play 
the full concert repertoire, and some novel medical treatments 
eventually helped him regain full use of both hands.
  It is a classic American journey, tracing a path out of despair to 
triumph. In Leon Fleisher's sense of determination, dedication, vision 
and skill, there is much for all of us to both admire and emulate. My 
wife Marcelle and I were delighted to sit next to him at a reception 
that honored his lifetime of achievement. We thoroughly enjoyed getting 
to know this stately and cordial artist, a man of great intelligence, 
modesty and warmth.
  Leon Fleisher has been playing across the country with full use of 
his hands for several years now. We are fortunate to be able to hear 
again how he plumbs the depths of every musical score, revealing 
something about ourselves through his music making. I know the Senate 
joins me in congratulating and recognizing Leon Fleisher's incredible 
contributions to the vibrant cultural fabric of our country.

                          ____________________




                IDAHOANS 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:

       My husband and I are semi retired but the figure of $200 
     way off the mark even for us. We do work part of the year but 
     are not doing so at this time. We live rural and have to 
     travel for groceries, building supplies. When we work all of 
     this involves a minimum of 40 miles each way, not including 
     the around town mileage. We have 20 acres, with a small 
     tractor to keep weeds under control which the county urges 
     all of us to do. We also have a large lawn to mow. Our fuel 
     bill for the month of May was $400. The tractor has a tank of 
     10 gallons, and that alone costs $40 per tank. We are trying 
     to save a bit by purchasing dyed fuel but, by the time you 
     travel to that, you have eaten up your savings. The point is 
     we have very little choice on our fuel issues. We do not go 
     to town on a whim and really never have as long as we have 
     been here (since 1973). The price of food is skyrocketing 
     also in the rural areas. We have a small grocery store in a 
     small town by us, but they have fuel issues, too. We would 
     like to see nuclear power sources and wind generators 
     multiply. Our daughter does websites and she has a customer 
     that has a wind power source for sale for each single home. 
     However, at this point, it is somewhat expensive, 
     approximately $5,500. Although in the past, nuclear power has 
     had a few hiccups so even we were not in favor of it. I 
     subscribe to Popular Science Magazine and it is my 
     understanding they are very close or have reached the ability 
     to neutralize the waste. However, I have not heard any news 
     about it from the media or official science reports.
       Fixed income as well as families and singles cannot get pay 
     raises that equals the cost of living in reality. We dealt 
     with this our last years at work. Companies have their 
     stockholders that have to be kept and for the last eight 
     years of our jobs we steadily lost money from cost of living 
     that the government adjusted to be 3% or less when in the 
     blue collar world did not equate to that. Fuel along doubled 
     and what cost us $30 per week for work fuel jumped within 3 
     months to $60 per week and kept traveling upward since. 
     Property taxes, auto and home insurance also have risen but 
     employers went with the government figures. I would get 25 
     cent per hour raise. It brought home approximately $4 and 
     change per week. It did not cover any of our rising expenses. 
     Anything under $1.00 does not even show anything much on a 
     take home check. So there needs to be some way for an 
     employer with all their overheads to realize this and perhaps 
     hire CEOs, CFOs and other company officials that make a 
     decent wage without the super perks they have received for 
     the last 25 years. Corporate waste is rampant and should be 
     addressed somehow in the near future so the frontline 
     employees can afford today's fuel prices and not be stressed 
     daily by how to make ends meet. Sorry I got off the edge here 
     but it is all one big picture which is why the energy costs 
     are a frontline problem with this. We still have many elderly 
     people who do not have enough to live as is. With this energy 
     impact, I do not know how they can make it. So please keep up 
     your vigil. We need to open up the fields in Alaska and not 
     be selling it to other countries at this point. [When] my 
     husband and I work, which involves truck driving, we see what 
     is happening along the routes we travel. The distress in the 
     citizens and the oil wells being developed and the ones that 
     are not running.
     Darlene, Spirit Lake.
                                  ____

       Thank you for the opportunity to communicate in this 
     fashion my family's challenges with the high cost of energy 
     and our thoughts. I travel a great deal all over America and, 
     as part of my job, I work closely with many convenience store 
     operators around our great country. We own a Dodge Durango 4-
     wheel drive SUV. It is great because it provides the safety 
     my family needs during the winter and the space we need for 
     all the stuff we need to transport when you have two young 
     children. As you no doubt remember with your own family, a 
     nine-month-old baby [needs] a lot of baggage when he 
     travels--car seats, strollers, etc. The daughter wants her 
     bike when visiting the grandparents, her books, and spare 
     clothes, etc. The bad thing is it only gets 13 miles to the 
     gallon on average and, like most families, we did not buy it 
     with cash but financed it which means we owe more on it than 
     we can sell it for. In fact, in this market, many car dealers 
     will not even take an SUV in on trade. So we have no choice 
     but to bear the burden of high gas prices for the foreseeable 
     future. We cannot just throw the car away and run out and buy 
     a new fuel-efficient SUV which is selling at a premium that, 
     frankly, even in today's market, does not even pencil out as 
     a good investment by my calculations. Of course, this is not 
     the only part of the story of how high energy costs have 
     impacted our family but the part those like Thomas Freidman 
     never take into consideration when promoting even higher 
     costs through taxation, cap and trade, and government 
     manipulation of the market.
       What should Congress do?
       Do not do as Congresswoman Maxine Waters suggested in 
     Committee and take

[[Page 5538]]

     over the oil companies. The markets are working just fine, 
     but what they reflect is all the inaction and obstacles that 
     have burdened the supply and demand elasticity of the 
     commodities markets be it oil or corn, etc.
       Again, taxing is not a solution. We should be working to 
     lower taxes for everyone. Not redistributing it. Not to 
     manipulate markets. Fuel taxes should be what they need to be 
     to maintain our infrastructure. We should be encouraging 
     efficiencies in the market place with our tax code and 
     policies.
       The fact is we need to make it easier to drill now. We need 
     to make it easier to refine more fuel now. We need to add 
     capacity to distribute that fuel to the marketplace now. We 
     need to expand our reserves so we have a cushion when natural 
     disasters occur. We need to do something about all the 
     boutique fuels that cause unnatural shortages every spring 
     and fall (winter blend, summer blend, smog blend, this blend, 
     that blend impact refinery efficiency). We need to do 
     something about credit card interchange fees. We need to do 
     everything we can to encourage efficiency.
       And, of course, we need to encourage conservation, public 
     transportation where possible, more not less airports and 
     routes, and alternative even renewable sources of energy.
       Well, that is my 415 cents. Thank you.
     Robert, Twin Falls.
                                  ____

       I find it odd as the greatest country in the world we are 
     lagging in becoming energy self-sufficient. France, for 
     instance, runs and has, for many years, ran its country off 
     nuclear power. How is it that we cannot do this? If our 
     country was powered off of nuclear power, consider the 
     substantial reduction in oil consumption for the east coast. 
     They are paying to heat their houses with heating oil, more 
     expensive than our natural gas. Drilling for more oil will 
     help but we need a bigger and better solution. Corn is not 
     the answer, either. As the government pushes alternative 
     fuels (ethanol), the price of food rises. Also we do not get 
     the power out of ethanol that we get out of traditional fuel 
     so MPG on our cars drop. So we need more ethanol. It is a 
     very ridiculous cycle. Nuclear, wind, hydrogen, oil--all 
     these options need to be brought to the table now. Waiting 
     until after the election will not work. We all know as soon 
     as that election is over the focus will be on mid-term 
     elections and pandering to voters. Let us get it done now. 
     Does our government really care about our future, our 
     children? Let us act on this now before these same promises 
     are being made to our children's children.
     Unsigned.
                                  ____

       It is time that we get off our cans and get aggressive in 
     drilling for oil on our own soil. I am tired of our country 
     being held hostage to foreign interests and values when it 
     comes to our own energy needs. High fuel costs have had a 
     significant negative effect on my business and my ability to 
     grow my business. Please do all you can to get us out of this 
     crisis.
     Craig, Eagle.
                                  ____

       It is time to reign in the market speculation in oil and it 
     is products. There is no shortage of gasoline or oil. There 
     are no lines at gas stations! It is gouging, plain and 
     simple. Stop protecting the oil companies! Windfall profits 
     tax on all oil-related products of at least 50%. Apply the 
     windfall tax funds to alternative energy research that have 
     no connection to the oil industry. Make it a modern day 
     Apollo project. Repeal oil industry tax breaks. Apply a 100% 
     tax rate on any salary over 10 million per year.
       The economy is collapsing while [the Administration does 
     nothing]. We own a small business; we want support for the 
     middle class. The rich need no help; let them earn a living 
     for a change.
     Mike, Moscow.
                                  ____

       I am glad to see someone taking a stand that actually has a 
     chance to be heard. I am glad that we are going to try and 
     get some relief to the gas prices, but I think we should also 
     be looking into the contributing factors that are causing 
     such a demand for fuel.
       I live in Meridian and must commute to Boise every day for 
     my job. I confronted my employer (a local utility company) 
     regarding other options to having to commute to Boise every 
     day when the air quaility was getting so bad like 4-day work 
     week, telecommuting, etc. and was told it was not an option. 
     My son is 5 years old and has asthma. Every time the air 
     quality gets bad, so does his health. Recently, with the 
     gigantic increase in fuel prices and the demand of fuel, I 
     confronted my employer again about other options that could 
     not only help with the air quality, but help contribute to 
     decreasing the demand of fuel; again, I was again turned 
     down. To me it seems that not only should we be going after 
     congress to help relieve the outrageous cost of fuel, but we 
     also need someone to tell employers to do what they can to 
     start helping with the problem instead of contributing to it. 
     Thank you for what you are doing and I hope a resolution is 
     on the horizon.
     Nichole, Meridian.
                                  ____

       I received your email asking us to share our stories about 
     high energy costs so here goes. We live 5 miles from the 
     nearest grocery store and town. This means that every time we 
     get in the car, the round trip is a minimum of 10 miles. If 
     my husband and I both go into town a couple of times a day, 
     and only go to the nearest town, we drive a minimum of 40 
     miles a day and that is without running errands. going to 
     another town or anything like that. When all is said and 
     done, it is much more like 60 miles a day. We also live in 
     snow country and must have 4-wheel drives so get about 15 mpg 
     which means at $4 per gallon, we spend about $16 just to get 
     to town and back which is almost $500 per month. It is 
     insane.
       What is more insane is the idea that we can explore and 
     produce our way out of this mess. The US consumes about 26% 
     of the world's oil but only has about 2% of the world's oil 
     reserves. We would have to increase our reserves and 
     production 12 fold to cover today's demand and that is never 
     going to happen. The price of oil shot up when it became 
     clear we were going to invade Iraq--financial markets hate 
     uncertainty and invading another country is a big 
     uncertainty. As the war has dragged on and as our President 
     has talked about taking action against Iran, oil prices have 
     soared higher. The best thing our nation could do to lower 
     the price of oil would be to get out of a country we had no 
     business invading in the first place and start spending more, 
     much much more, on the plentiful wind, solar and geothermal 
     we have been blessed with.
       Americans want this, the people of Idaho want this, I only 
     hope Senator Crapo is listening. I ask him to do the only 
     sane thing and think outside the oil box.
     Leslie.
                                  ____

       I live with a husband who makes his money his. When I had a 
     job, I had an income and contributed to the groceries. It has 
     already been hard for me because I had been on medical leave 
     for over a year from a job I had for over six years that paid 
     a little over $11 an hour. During this time on medical leave, 
     I could not draw any income because of some ``catch 22'' 
     about if my doctor released me to go back to work with 
     limitations, and my job did not allow me to come back to 
     work, I did not apply for short-term disability or assistance 
     is what I was told. After my leave was exhausted and my 
     employer said they did not have a job for my physical 
     limitations, I was let go, and had to pay more money for 
     COBRA. Last fall I had enrolled in BSU with student loans 
     that barely cover school fees, books, and travel expenses as 
     it is, from Mountain Home to Boise and the Air Base. I was 
     doing very well for the first semester, but money was very 
     tight then. I ended up using my savings, my tax refund, and 
     my retirement from the company that let me go, just to pay 
     the bills. I found out that I have a rheumatoid arthritis, 
     osteo arthritis, spondylitis, depression, I take lots of 
     medications and I have had back surgery, neck surgery and I 
     am in pain most of the time. I am still waiting for my 
     disability hearing because it takes so long to get it 
     scheduled and I am down to maxed out credit cards and $150 
     dollars in the bank. My husband wants me to leave him because 
     my medical bills are too expensive. I have two classes this 
     second twelve weeks at the Air Base in Mountain Home that 
     will end on June 30th. I do not know if I will continue with 
     my BSU degree because I cannot afford to drive to Boise 
     anymore. And if I do not get an income I may end up on the 
     street. I cannot pay back my credit cards that I used to pay 
     for living expenses and medical bills and prescriptions. They 
     are maxed out. I am going to have to sell my things to get 
     by.
       To the Congressmen and Senators of this great country: Why 
     are we so hesitant to get on the ball and do something about 
     this crisis that filters down to more than gas? We cannot 
     afford to live on what we have got and now we have to pay 
     more?
       While I am frustrated with my present circumstances, I know 
     God will take care of me. What I am really worried about is 
     this country and our leaders taking us down the path of 
     destruction. Our country needs leaders who will demonstrate 
     true authority, not bickering about what party did what or 
     who is better for our country. We need to put parties aside, 
     put aside differences, fall on our knees and ask God Almighty 
     to forgive this county its many sins and his forgiveness and 
     guidance.
       [Please do your best to] to solve this crisis. I think we 
     should drill for oil, build refineries, make alternatives 
     available to the poor working public, use cooking oil instead 
     of gasoline, use sugar cane like they do in South America, 
     use wind power in windy places like Mountain Home, use 
     geothermal resources, solar power, anything that is greener 
     and healthier. [But please do it now and do not leave the 
     rest of us for fend for ourselves in this terrible economy!] 
     We are tired of the blame game. Someone do something and stop 
     filibustering and stalling progress. [Such efforts stop our 
     country from solving the problems we face.]
       I know I went off on this a little long, but again, I am 
     totally frustrated with inactivity and red tape. Thank you 
     for all you do, but please remember the people who you work 
     for whether they voted you in or not.
                                           Crystal, Mountain Home.

[[Page 5539]]

     
                                  ____
       Something needs to be done. Prices keep going up 
     everywhere. Not only is it affecting how much I spend in gas, 
     but my grocery bill is outrageous now; Also, Idaho Power has 
     just raised their rates. I have three children, which 
     includes a baby in diapers. It is getting to the point where 
     we can barely afford anything. It is really scary for us. We 
     never have had much money, and one of the things I use to do 
     with the kids was to go on ``drives'' just to get out of the 
     house. We would go to Chevron and get drinks, then drive to 
     different areas in Boise that we had not seen before and 
     listen to music. Now, we cannot even do that. Prices will 
     keep going up because they can, and people like us are going 
     to really ``pay'' for it in the long run. It makes me sick. 
     It is not like we are not trying to make it in life. I am a 
     student at Boise State and I will be a Respiratory Therapist. 
     We are not people looking for handouts. We are a family not 
     only trying to get by, but we want to live, too We want to 
     enjoy life also. It upsets me when even the little things 
     that we were able to do are now a luxury. Something has got 
     to be done. The reality is that there is really people who 
     cannot afford the rise in prices (for gas and everything 
     else). There has got to be some sort of stopping point. The 
     saying,'' The rich will get richer and the poor will get 
     poorer'' sounds more like the truth to me every day. 
     Hopefully, you can represent the families and the people who 
     are being affected by this.
     S.

                          ____________________




                         ADDITIONAL STATEMENTS

                                 ______
                                 

            CENTRAL MISSOURI EAGLES YOUTH HOCKEY ASSOCIATION

 Mr. BOND. Mr. President, today I recognize the Central 
Missouri Eagles Youth Hockey Association for their outstanding public 
service to the community. Also, the Eagles have been presented with the 
``Honoring the Game Award,'' presented annually by the Positive 
Coaching Alliance at Stanford University in 2006.
  The ``Honoring the Game Award'' recognizes three youth sports 
programs that ``strive to win, but also strive to help their players 
develop skills that will serve them throughout their lifetimes.'' The 
Eagles were the only Midwestern sports program and the only youth 
hockey program in the Nation to be honored.
  The Eagles received the ``Honoring the Game Award'' in recognition 
for their service to the community. Each year Eagles teams commit to a 
local service project. These projects make a meaningful difference in 
mid-Missouri, and they teach the Eagles players valuable citizenship 
lessons about volunteering.
  The Hockey's program's credo ``Building Good Athletes and Great 
Citizens'' rings true and is the foundation for this program's athletes 
who not only show good sportsmanship but are active every year in 
community service. The best way for our young people to ensure a 
stronger America is to be active in their communities.
  The Central Missouri Eagles Youth Hockey Associations' achievements 
represent a great deal of dedication. I trust that they will continue 
the high standards of principle and perseverance that brought them this 
honor. I hope the Eagles continue to comprise success both on and off 
the rink. Again, I extend my congratulations to this exceptional 
association and the young people within it. 

                          ____________________




                       REMEMBERING GREG HERNANDEZ

 Mrs. BOXER. Mr. President, I ask my colleagues to join me in 
honoring the memory of a dedicated public servant, SGT Greg Hernandez 
of the Tulare County Sheriff's Department. Sergeant Hernandez's life 
was tragically cut short on February 6, 2009, as a result of injuries 
from a vehicle accident that occurred while he was on duty.
  Sergeant Hernandez dutifully served the citizens and communities for 
24 years as a valued member of the Tulare County Sheriff's Department. 
Sergeant Hernandez demonstrated a passion for law enforcement and 
commitment to helping others, qualities that earned him the respect of 
his colleagues at the Tulare County Sheriff's Department. Sergeant 
Hernandez shall always be remembered for his devotion to serving the 
public and his friendly nature.
  Sergeant Hernandez is survived by his mother Rosa Hernandez of 
Farmersville and his daughter Kristina Marie Hernandez of Porterville. 
When he was not spending time with his family and friends, Sergeant 
Hernandez was a devoted sportsman who enjoyed fishing, softball, and 
golf.
  Sergeant Hernandez served the county of Tulare with honor and 
distinction, and fulfilled his oath as an officer of the law. His 
selfless contributions and dedication to law enforcement are greatly 
appreciated and will serve as an example of his legacy.
  We shall always be grateful for Sergeant Hernandez's service and the 
sacrifices he made while serving and protecting the people of Tulare 
County.

                          ____________________




                        TRIBUTE TO SUSAN AXELROD

 Mr. KOHL. Mr. President, I wish to acknowledge and honor the 
work of Citizens United for Research in Epilepsy, CURE, and its 
founder, Susan Axelrod. I have known Susan personally for many years 
and can attest to her tireless work on behalf of her daughter, Lauren, 
and of other children and families affected by epilepsy. Epilepsy often 
begins in childhood and even in its mildest forms can modify brain 
development, with lifelong effects on cognition ranging from learning 
disabilities to severe developmental disabilities. In 1998, a small 
group of families whose children were suffering from epilepsy joined in 
recognizing the need for an increased commitment to research. Together, 
they formed the nonprofit, volunteer-based CURE. Led by Susan, they 
have become tireless advocates for epilepsy awareness and have grown 
into one of the foremost organizations in funding cutting-edge epilepsy 
research. To date, CURE has raised over $9 million in its crusade 
toward eliminating seizures, reducing the side effects of currently 
available treatments, and ultimately toward finding a cure for 
epilepsy. I commend CURE for its unrelenting commitment to this worthy 
cause but underscore the fact that they cannot work alone. Epilepsy 
affects over 3 million patients nationwide, and the need for adequate 
funding for research on a Federal level is imperative if a cure is to 
be found. At a time when the Nation is confronted with serious health 
challenges like epilepsy, we must not diminish our commitment to 
medical research.
  Please join me in honoring Susan Axelrod and CURE for their years of 
vision, leadership, and commitment.
  I would ask to have the following Parade Magazine article 
highlighting the work of Citizens United for Research in Epilepsy 
printed in the Record. The material follows:

                 [From Parade Magazine, Feb. 15, 2009]

                         I Must Save My Child 

                        (By Melissa Fay Greene)

       When Susan Axelrod tells the story of her daughter, she 
     begins like most parents of children with epilepsy: The baby 
     was adorable, healthy, perfect. Lauren arrived in June 1981, 
     a treasured first-born. Susan Landau had married David 
     Axelrod in 1979, and they lived in Chicago, where Susan 
     pursued an MBA at the University of Chicago and David worked 
     as a political reporter for the Chicago Tribune. (He later 
     would become chief strategist for Barack Obama's Presidential 
     campaign and now is a senior White House adviser.) They were 
     busy and happy. Susan attended classes while her mother 
     babysat. Then, when Lauren was 7 months old, their lives 
     changed overnight.
       ``She had a cold,'' Susan tells me as we huddle in the 
     warmth of a coffee shop in Washington, D.C., on a day of 
     sleet and rain. Susan is 55, fine-boned, lovely, and fit. She 
     has light-blue eyes, a runner's tan, and a casual fall of 
     silver and ash-blond hair. When her voice trembles or tears 
     threaten, she lifts her chin and pushes on. ``The baby was so 
     congested, it was impossible for her to sleep. Our 
     pediatrician said to give her one-quarter of an adult dose of 
     a cold medication, and it knocked her out immediately. I 
     didn't hear from Lauren the rest of the night. In the 
     morning, I found her gray and limp in her crib. I thought she 
     was dead.
       ``In shock, I picked her up, and she went into a seizure--
     arms extended, eyes rolling back in her head. I realized 
     she'd most likely been having seizures all night long. I 
     phoned my mother and cried, `This is normal, right? Babies do 
     this?' She said, `No, they don't.'''
       The Axelrods raced Lauren to the hospital. They stayed for 
     a month, entering a parallel universe of sleeplessness and 
     despair under fluorescent lights. No medicine relieved the 
     baby. She interacted with her parents one moment, bright-eyed 
     and friendly, only to be grabbed away from them the next, 
     shaken by inner storms, starting and stiffening, hands 
     clenched and eyes rolling. Unable to stop Lauren's seizures, 
     doctors sent the family home.

[[Page 5540]]

       The Axelrods didn't know anything about epilepsy. They 
     didn't know that seizures were the body's manifestation of 
     abnormal electrical activity in the brain or that the 
     excessive neuronal activity could cause brain damage. They 
     didn't know that two-thirds of those diagnosed with epilepsy 
     had seizures defined as ``idiopathic,'' of unexplained 
     origin, as would be the case with Lauren. They didn't know 
     that a person could, on rare occasions, die from a seizure. 
     They didn't know that, for about half of sufferers, no drugs 
     could halt the seizures or that, if they did, the side 
     effects were often brutal. This mysterious disorder attacked 
     50 million people worldwide yet attracted little public 
     attention or research funding. No one spoke to the Axelrods 
     of the remotest chance of a cure.
       At home, life shakily returned to a new normal, interrupted 
     by Lauren's convulsions and hospitalizations. Exhausted, 
     Susan fought on toward her MBA; David became a political 
     consultant. Money was tight and medical bills stacked up, but 
     the Axelrods had hope. Wouldn't the doctors find the right 
     drugs or procedures? ``We thought maybe it was a passing 
     thing,'' David says. ``We didn't realize that this would 
     define her whole life, that she would have thousands of these 
     afterward, that they would eat away at her brain.''
       ``I had a class one night, I was late, there was an 
     important test,'' Susan recalls. ``I'd been sitting by Lauren 
     at the hospital. When she fell asleep, I left to run to 
     class. I got as far as the double doors into the parking lot 
     when it hit me: `What are you doing?''' She returned to her 
     baby's bedside. From then on, though she would continue to 
     build her family (the Axelrods also have two sons) and 
     support her husband's career, Susan's chief role in life 
     would be to keep Lauren alive and functioning.
       The little girl was at risk of falling, of drowning in the 
     bathtub, of dying of a seizure. Despite dozens of drug 
     trials, special diets, and experimental therapies, Lauren 
     suffered as many as 25 seizures a day. In between each, she 
     would cry, ``Mommy, make it stop!''
       While some of Lauren's cognitive skills were nearly on 
     target, she lagged in abstract thinking and interpersonal 
     skills. Her childhood was nearly friendless. The drugs Lauren 
     took made her by turns hyperactive, listless, irritable, 
     dazed, even physically aggressive. ``We hardly knew who she 
     was,'' Susan says. When she acted out in public, the family 
     felt the judgment of onlookers. ``Sometimes,'' Susan says, 
     ``I wished I could put a sign on her back that said: 
     `Epilepsy. Heavily Medicated.'''
       At 17, Lauren underwent what her mother describes as ``a 
     horrific surgical procedure.'' Holes were drilled in her 
     skull, electrodes implanted, and seizures provoked in an 
     attempt to isolate their location in the brain. It was a 
     failure. ``We brought home a 17-year-old girl who had been 
     shaved and scalped, drilled, put on steroids, and given two 
     black eyes,'' Susan says quietly. ``We put her through hell 
     without result. I wept for 24 hours.''
       The failure of surgery proved another turning point for 
     Susan. ``Finally, I thought, `Well, I can cry forever, or I 
     can try to make a change.'''
       Susan began to meet other parents living through similar 
     hells. They agreed that no federal agency or private 
     foundation was acting with the sense of urgency they felt, 
     leaving 3 million American families to suffer in near-
     silence. In 1998, Susan and a few other mothers founded a 
     nonprofit organization to increase public awareness of the 
     realities of epilepsy and to raise money for research. They 
     named it after the one thing no one offered them: CURE--
     Citizens United for Research in Epilepsy.
       ``Epilepsy is not benign and far too often is not 
     treatable,'' Susan says. ``We wanted the public to be aware 
     of the death and destruction. We wanted the brightest minds 
     to engage with the search for a cure.''
       Then-First Lady Hillary Clinton signed on to help; so did 
     other politicians and celebrities. Later, veterans back from 
     Iraq with seizures caused by traumatic brain injuries 
     demanded answers, too. In its first decade, CURE raised $9 
     million, funded about 75 research projects, and inspired a 
     change in the scientific dialogue about epilepsy.
       ``CURE evolved from a small group of concerned parents into 
     a major force in our research and clinical communities,'' 
     says Dr. Frances E. Jensen, a professor of neurology at 
     Harvard Medical School. ``It becomes more and more evident 
     that it won't be just the doctors, researchers, and 
     scientists pushing the field forward. There's an active role 
     for parents and patients. They tell us when the drugs aren't 
     working.''
       The future holds promise for unlocking the mysteries of 
     what some experts now call Epilepsy Spectrum Disorder. 
     ``Basic neuroscience, electrophysiological studies, gene 
     studies, and new brain-imaging technologies are generating a 
     huge body of knowledge,'' Dr. Jensen says.
       Lauren Axelrod, now 27, is cute and petite, with short 
     black hair and her mother's pale eyes. She speaks slowly, 
     with evident impairment but a strong Chicago accent. ``Things 
     would be better for me if I wouldn't have seizures,'' she 
     says. ``They make me have problems with reading and math. 
     They make me hard with everything.''
       By 2000, the savagery and relentlessness of Lauren's 
     seizures seemed unstoppable. ``I thought we were about to 
     lose her,'' Susan says. ``Her doctor said, `I don't know what 
     else we can do.''' Then, through CURE, Susan learned of a new 
     anti-convulsant drug called Keppra and obtained a sample. 
     ``The first day we started Lauren on the medication,'' Susan 
     says, ``her seizures subsided. It's been almost nine years, 
     and she hasn't had a seizure since. This drug won't work for 
     everyone, but it has been a magic bullet for Lauren. She is 
     blooming.''
       Susan and David see their daughter regaining some lost 
     ground: social intuition, emotional responses, humor. ``It's 
     like little areas of her brain are waking up,'' Susan says. 
     ``She never has a harsh word for anyone, though she did think 
     the Presidential campaign went on a little too long. The 
     Thanksgiving before last, she asked David, `When is this 
     running-for-President thing going to be finished?'''
       CURE is run by parents. Susan has worked for more than a 
     decade without pay, pushing back at the monster robbing 
     Lauren of a normal life. ``Nothing can match the anguish of 
     the mom of a chronically ill child,'' David says, ``but Susan 
     turned that anguish into action. She's devoted her life to 
     saving other kids and families from the pain Lauren and our 
     family have known. What she's done is amazing.''
       ``Complete freedom from seizures--without side effects--is 
     what we want,'' Susan says. ``It's too late for us, so we 
     committed ourselves to the hope that we can protect future 
     generations from having their lives defined and devastated by 
     this disorder.''

                          ____________________




                    HONORING GROVER GUNDRILLING INC.

 Ms. SNOWE. Mr. President, this week marks the Consortium of 
Entrepreneurship Education's 3rd Annual National Entrepreneurship Week, 
a time to celebrate the history of American entrepreneurship and to 
highlight new and upcoming entrepreneurs and small business owners. As 
ranking member of the Senate Committee on Small Business and 
Entrepreneurship, I am all the more aware of the countless 
contributions entrepreneurs have made to the success of this Nation. In 
that vein, I rise today to recognize Grover Gundril-
ling Inc., a small business in my home State of Maine that brings a 
very unique and critical skill to the Northeast.
  A second generation family-owned small business, Grover Gundrilling, 
or GGI, specializes in precision deephole drilling. With nearly 60 
skilled employees, GGI has developed the capability to drill smooth, 
finished holes ranging from .045 of an inch to 2 inches in diameter, 
from 1 ounce to 6,000 pounds, at a depth of 1 inch to 10 feet in every 
material from Teflon to mold steels to exotic high-temperature alloys. 
Founded in 1983 by Rupert and Suzanne Grover, Grover Gundrilling now 
has three facilities in Oxford County, including a 40,000-square-foot 
manufacturing facility in the town of Norway. And as former teachers, 
the Grovers like to hire employees with no background as machinists, 
but with strong math and science skills, to train them in their own 
particular fashion.
  Given its remarkable growth, considerable capacity, and small company 
size, GGI prides itself on being ``small enough to listen and large 
enough to handle production.'' Grover Gundrilling has become a critical 
supplier for industries as diverse as aerospace engineering and nuclear 
power, and its components are used in products as varied as medical 
devices and semiconductors.
  To care for its staff, Grover Gundrilling generously provides its 
employees with full family medical coverage, flexible scheduling, and 
the company encourages its workers to pursue higher learning by 
offering educational reimbursement. And the company offers a multitude 
of incentives to stellar employees, including family snowmo-
biling trips and tickets to a variety of area events.
  GGI is also dedicated to supporting its community in a variety of 
ways. The Grovers donate significant time and energy to the Oxford 
County Fair, a fun-filled annual tradition for the families of Oxford 
County and western Maine. They also created the Boxberry School, a 
nonprofit independent elementary school for K through sixth graders 
that combines multiage classes, individual attention, and an integrated 
art curriculum with the Maine

[[Page 5541]]

Learning Results standards. The Grovers also volunteer in various 
capacities with the 4-H Club, Androscoggin Home Health, the Oxford Food 
Pantry, and Aspire Higher, and Suzanne Grover serves on the board of 
directors of the Growth Council.
  Carving out a niche in the machine tool world, Grover Gundrilling has 
excelled as a leader in precision deephole drilling. It is 
entrepreneurs like Suzanne and Rupert Grover who are going to 
revitalize our economy, and I am proud to call them constituents. I 
wish Rupert and Suzanne Grover, as well as Garth, their son, and GGI's 
president, their daughter Jessica, and everyone at Grover Gundrilling 
Inc. a successful year.

                          ____________________




                      MESSAGES FROM THE PRESIDENT

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

                          ____________________




                      EXECUTIVE MESSAGES REFERRED

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

                          ____________________




                        MESSAGES FROM THE HOUSE

  A message from the House of Representatives, delivered by Mr. Zapata, 
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. 80. An act to amend the Lacey Act Amendments of 1981 
     to treat nonhuman primates as prohibited wildlife species 
     under that Act, to make corrections in the provisions 
     relating to captive wildlife offenses under that Act, and for 
     other purposes.
       H.R. 637. An act to authorize the Secretary, in cooperation 
     with the City of San Juan Capistrano, California, to 
     participate in the design, planning, and construction of an 
     advanced water treatment plant facility and recycled water 
     system, and for other purposes.

  The message also announced that the House has passed the 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'', without 
amendment.
                                  ____

  At 4:03 p.m., a message from the House of Representatives, delivered 
by Ms. Niland, one of its reading clerks, announced that the House has 
passed the following bill, in which it requests the concurrence of the 
Senate:

       H.R. 1105. An act making omnibus appropriations for the 
     fiscal year ending September 30, 2009, and for other 
     purposes.

                          ____________________




                           MEASURES REFERRED

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

       H.R. 637. An act to authorize the Secretary, in cooperation 
     with the City of San Juan Capistrano, California, to 
     participate in the design, planning, and construction of an 
     advanced water treatment plant facility and recycled water 
     system, and for other purposes; to the Committee on Energy 
     and Natural Resources.

                          ____________________




                      MEASURES READ THE FIRST TIME

  The following bills were read the first time:

       H.R. 1105. An act making omnibus appropriations for the 
     fiscal year ending September 30, 2009, and for other 
     purposes.
       S. 478. A bill to amend the National Labor Relations Act to 
     ensure the right of employees to a secret-ballot election 
     conducted by the National Labor Relations Board.
       S. 482. A bill to require Senate candidates to file 
     designations, statements, and reports in electronic form.

                          ____________________




                   EXECUTIVE AND OTHER COMMUNICATIONS

  The following communications were laid before the Senate, together 
with accompanying papers, reports, and documents, and were referred as 
indicated:

       EC-802. A communication from the Director of Program 
     Development and Regulatory Analysis, Rural Development 
     Utilities Program, Department of Agriculture, transmitting, 
     pursuant to law, the report of a rule entitled ``Amending the 
     Water and Waste Program Regulations'' (RIN0572-AC11) received 
     in the Office of the President of the Senate on February 9, 
     2009; to the Committee on Agriculture, Nutrition, and 
     Forestry.
       EC-803. A communication from the Administrator, 
     Agricultural Marketing Service, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Grapes Grown in a Designated Area of Southeastern 
     California and Imported Table Grapes; Change in Regulatory 
     Periods'' ((Docket No. AMS-FV-06-0184) (FV03-925-1 IFR)) 
     received in the Office of the President of the Senate on 
     February 9, 2009; to the Committee on Agriculture, Nutrition, 
     and Forestry.
       EC-804. A communication from the Director, Financial 
     Management and Assurance, Government Accountability Office, 
     transmitting, pursuant to law, a report relative to 
     certificated expenditures; to the Committee on 
     Appropriations.
       EC-805. A communication from the Acting Assistant 
     Secretary, Office of Legislative Affairs, Department of 
     Homeland Security, transmitting, pursuant to law, a report 
     relative to the Critical Skills Retention Bonus program for 
     military personnel; to the Committee on Armed Services.
       EC-806. A communication from the Assistant Secretary of 
     Defense (Homeland Defense and Americas' Security Affairs), 
     transmitting, pursuant to law, a report relative to 
     assistance provided by the Department to civilian sporting 
     events during calendar year 2008; to the Committee on Armed 
     Services.
       EC-807. A communication from the Secretary of the Treasury, 
     transmitting, pursuant to law, a six-month periodic report on 
     the national emergency with respect to persons undermining 
     democratic processes or institutions in Zimbabwe that was 
     declared in Executive Order 13288 of March 6, 2003; to the 
     Committee on Banking, Housing, and Urban Affairs.
       EC-808. A communication from the Chairman, Board of 
     Governors of the Federal Reserve System, transmitting, 
     pursuant to law, the Board's semiannual Monetary Policy 
     Report; to the Committee on Banking, Housing, and Urban 
     Affairs.
       EC-809. A communication from the General Counsel, National 
     Credit Union Administration, transmitting, pursuant to law, 
     the report of a rule entitled ``Unfair or Deceptive Acts or 
     Practices'' (RIN3133-AD47) received in the Office of the 
     President of the Senate on February 9, 2009; to the Committee 
     on Banking, Housing, and Urban Affairs.
       EC-810. A communication from the Chairman of the Office of 
     Proceedings, Surface Transportation Board, Department of 
     Transportation, transmitting, pursuant to law, the report of 
     a rule entitled ``Solid Waste Rail Transfer Facilities'' (STB 
     Ex Parte No. 684) received in the Office of the President of 
     the Senate on February 9, 2009; to the Committee on Commerce, 
     Science, and Transportation.
       EC-811. A communication from the Acting Director of the 
     Office of Sustainable Fisheries, National Marine Fisheries 
     Service, Department of Commerce, transmitting, pursuant to 
     law, the report of a rule entitled ``Fisheries of the 
     Caribbean, Gulf of Mexico, and South Atlantic; Coastal 
     Migratory Pelagic Resources of the Gulf of Mexico and South 
     Atlantic; Closure'' (RIN0648-XM85) received in the Office of 
     the President of the Senate on February 9, 2009; to the 
     Committee on Commerce, Science, and Transportation.
       EC-812. A communication from the Acting Director of the 
     Office of Sustainable Fisheries, National Marine Fisheries 
     Service, Department of Commerce, transmitting, pursuant to 
     law, the report of a rule entitled ``Fisheries of the 
     Exclusive Economic Zone Off Alaska; Atka Mackerel in the 
     Bering Sea and Aleutian Islands Management Area'' (RIN0648-
     XM81) received in the Office of the President of the Senate 
     on February 9, 2009; to the Committee on Commerce, Science, 
     and Transportation.
       EC-813. A communication from the Acting Director of the 
     Office of Sustainable Fisheries, National Marine Fisheries 
     Service, Department of Commerce, transmitting, pursuant to 
     law, the report of a rule entitled ``Fisheries of the 
     Exclusive Economic Zone Off Alaska; Pollock in Statistical 
     Area 610 in the Gulf of Alaska'' (RIN0648-XM87) received in 
     the Office of the President of the Senate on February 9, 
     2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-814. A communication from the Acting Director of the 
     Office of Sustainable Fisheries, National Marine Fisheries 
     Service, Department of Commerce, transmitting, pursuant to 
     law, the report of a rule entitled ``Fisheries of the 
     Exclusive Economic Zone Off Alaska; Pollock in Statistical 
     Area 630 in the Gulf of Alaska'' (RIN0648-XM88) received in 
     the Office of the President of the Senate on February 9, 
     2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-815. A communication from the Acting Director of the 
     Office of Sustainable Fisheries, National Marine Fisheries 
     Service, Department of Commerce, transmitting, pursuant to 
     law, the report of a rule entitled ``Fisheries of the 
     Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels 
     Participating in the Amendment 80 Limited Access

[[Page 5542]]

     Fishery in Bering Sea and Aleutian Islands Management Area'' 
     (RIN0648-XM83) received in the Office of the President of the 
     Senate on February 9, 2009; to the Committee on Commerce, 
     Science, and Transportation.
       EC-816. A communication from the Director of the Office of 
     Sustainable Fisheries, National Marine Fisheries Service, 
     Department of Commerce, transmitting, pursuant to law, the 
     report of a rule entitled ``Fisheries in the Western Pacific; 
     American Samoa Pelagic Longline Limited Entry Program'' 
     (RIN0648-XM69) received in the Office of the President of the 
     Senate on February 9, 2009; to the Committee on Commerce, 
     Science, and Transportation.
       EC-817. A communication from the Chief of Staff, Media 
     Bureau, Federal Communications Commission, transmitting, 
     pursuant to law, the report of a rule entitled ``Amendment of 
     Section 73.622(i), Final DTV Table of Allotments, Television 
     Broadcast Stations; Santa Ana, California'' (MB Docket No. 
     08-250) received in the Office of the President of the Senate 
     on February 9, 2009; to the Committee on Commerce, Science, 
     and Transportation.
       EC-818. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Cessna Aircraft Company Models 
     401, 401A, 401B, 402, 402A, and 402B Airplanes'' ((RIN2120-
     AA64)(Docket No. FAA-2009-0118)) received in the Office of 
     the President of the Senate on February 9, 2009; to the 
     Committee on Commerce, Science, and Transportation.
       EC-819. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Airbus Model A330-200 and -300 
     Series Airplanes, and Airbus Model A340-200, -300, -500, and 
     -600 Series Airplanes'' ((RIN2120-AA64)(Docket No. FAA-2009-
     0122)) received in the Office of the President of the Senate 
     on February 9, 2009; to the Committee on Commerce, Science, 
     and Transportation.
       EC-820. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Revocation of Class E Airspace; Altus AFB, OK'' ((Docket 
     No. FAA-2009-0001)(Airspace Docket No. 09-ASW-2)) received in 
     the Office of the President of the Senate on February 9, 
     2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-821. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Learjet Model 55, 55B, and 55C 
     Airplanes'' ((RIN2120-AA64)(Docket No. FAA-2009-0054)) 
     received in the Office of the President of the Senate on 
     February 9, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-822. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Turbomeca Turmo IV A and IV C 
     Series Turboshaft Engines'' ((RIN2120-AA64)(Docket No. FAA-
     2006-25730)) received in the Office of the President of the 
     Senate on February 9, 2009; to the Committee on Commerce, 
     Science, and Transportation.
       EC-823. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Rolls-Royce Corporation AE 
     3007A1E and AE 1107C Turbofan/Turboshaft Engines'' ((RIN2120-
     AA64)(Docket No. FAA-2008-0230)) received in the Office of 
     the President of the Senate on February 9, 2009; to the 
     Committee on Commerce, Science, and Transportation.
       EC-824. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Pratt & Whitney PW4090 and 
     PW4090-3 Turbofan Engines'' ((RIN2120-AA64)(Docket No. FAA-
     2007-29110)) received in the Office of the President of the 
     Senate on February 9, 2009; to the Committee on Commerce, 
     Science, and Transportation.
       EC-825. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Airworthiness Directives; Wytwornia Sprzetu Komunikacyjnego 
     ``PZL-Rzeszow'' S.A. PZL-10W Turboshaft Engines'' ((RIN2120-
     AA64)(Docket No. FAA-2008-1068)) received in the Office of 
     the President of the Senate on February 9, 2009; to the 
     Committee on Commerce, Science, and Transportation.
       EC-826. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Update of August 2001 Overflight Fees'' (14 CFR Part 187) 
     received in the Office of the President of the Senate on 
     February 9, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-827. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Revocation of Class E Airspace; Rockport, TX'' ((Docket No. 
     FAA-2008-0988)(Airspace Docket No. 08-ASW-20)) received in 
     the Office of the President of the Senate on February 9, 
     2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-828. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Revision of Class E Airspace; Galena, AK'' ((Docket No. 
     FAA-2008-0957)(Airspace Docket No. 08-AAL-27)) received in 
     the Office of the President of the Senate on February 9, 
     2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-829. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Establishment of Class D Airspace; Branson, MO'' ((Docket 
     No. FAA-2008-1102)(Airspace Docket No. 08-AGL-8)) received in 
     the Office of the President of the Senate on February 9, 
     2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-830. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Establishment of Colored Federal Airways; Alaska'' ((Docket 
     No. FAA-2008-0661)(Airspace Docket No. 08-AAL-19)) received 
     in the Office of the President of the Senate on February 9, 
     2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-831. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Amendment of Class E Airspace; Tulsa, OK'' ((Docket No. 
     FAA-2008-1231)(Airspace Docket No. 08-ASW-25)) received in 
     the Office of the President of the Senate on February 9, 
     2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-832. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Amendment of Class E Airspace; Corpus Christi, TX'' 
     ((Docket No. FAA-2008-0987)(Airspace Docket No. 08-ASW-19)) 
     received in the Office of the President of the Senate on 
     February 9, 2009; to the Committee on Commerce, Science, and 
     Transportation.
       EC-833. A communication from the Program Analyst, Federal 
     Aviation Administration, Department of Transportation, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Amendment of Class E Airspace; Atlantic, IA'' ((Docket No. 
     FAA-2008-1105)(Airspace Docket No. 08-AGL-10)) received in 
     the Office of the President of the Senate on February 9, 
     2009; to the Committee on Commerce, Science, and 
     Transportation.

                          ____________________




                         REPORTS OF COMMITTEES

  The following reports of committees were submitted:

       By Mr. BAUCUS, from the Committee on Finance, without 
     amendment:
       S. Res. 54. An original resolution authorizing expenditures 
     by the Committee on Finance.

                          ____________________




                    EXECUTIVE REPORTS OF COMMITTEES

  The following executive reports of nominations were submitted:

       By Mr. LEVIN for the Committee on Armed Services.
       Navy nomination of Capt. Brian P. Monahan, to be Rear 
     Admiral.
       Navy nomination of Rear Adm. (lh) Michael A. Brown, to be 
     Rear Admiral.

  Mr. LEVIN. Mr. President, for the Committee on Armed Services I 
report favorably the following nomination lists which were printed in 
the Records on the dates indicated, and ask unanimous consent, to save 
the expense of reprinting on the Executive Calendar that these 
nominations lie at the Secretary's desk for the information of 
Senators.
  The PRESIDING OFFICER. Without objection, it is so ordered.

       Air Force nominations beginning with Brian D. Akins and 
     ending with Jeffrey J. Wiegand, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record on February 9, 2009.
       Navy nominations beginning with Christopher M. Andrews and 
     ending with Ezekiel J. Wetzel, which nominations were 
     received by the Senate and appeared in the Congressional 
     Record on February 9, 2009.

  (Nominations without an asterisk were reported with the 
recommendation that they be confirmed.)

[[Page 5543]]



                          ____________________


              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 Ms. STABENOW (for herself, Mr. Specter, Mr. Levin, 
             and Mr. Inouye):
       S. 468. A bill to amend title XVIII of the Social Security 
     Act to improve access to emergency medical services and the 
     quality and efficiency of care furnished in emergency 
     departments of hospitals and critical access hospitals by 
     establishing a bipartisan commission to examine factors that 
     affect the effective delivery of such services, by providing 
     for additional payments for certain physician services 
     furnished in such emergency departments, and by establishing 
     a Centers for Medicare & Medicaid Services Working Group, and 
     for other purposes; to the Committee on Finance.
           By Mr. VOINOVICH (for himself and Mr. Kohl):
       S. 469. A bill to amend chapter 83 of title 5, United 
     States Code, to modify the computation for part-time service 
     under the Civil Service Retirement System; to the Committee 
     on Homeland Security and Governmental Affairs.
      By Mr. DURBIN (for himself and Ms. Klobuchar):
       S. 470. A bill to combat organized crime involving the 
     illegal acquisition of retail goods for the purpose of 
     selling those illegally obtained goods through physical and 
     online retail marketplaces; to the Committee on the 
     Judiciary.
           By Ms. SNOWE (for herself, Mrs. Murray, Mr. Kennedy, 
             Ms. Mikulski, Mr. Durbin, and Mr. Bingaman):
       S. 471. A bill to amend the Education Sciences Reform Act 
     of 2002 to require the Statistics Commissioner to collect 
     information from coeducational secondary schools on such 
     schools' athletic programs, and for other purposes; to the 
     Committee on Health, Education, Labor, and Pensions.
           By Mr. VITTER (for himself, Mr. Shelby, and Mrs. 
             Hutchison):
       S. 472. A bill to provide for congressional approval of 
     national monuments and restrictions on the use of national 
     monuments; to the Committee on Energy and Natural Resources.
           By Mr. DURBIN (for himself, Mr. Wicker, Mr. Akaka, Mr. 
             Baucus, Mr. Bingaman, Mr. Bond, Mr. Cardin, Mr. 
             Cochran, Mr. Kennedy, Mr. Lieberman, Mrs. Lincoln, 
             Mrs. Murray, Mr. Reed, Mr. Roberts, Mr. Sanders, Mr. 
             Schumer, Mr. Whitehouse, Mr. Levin, Mr. Reid, and Ms. 
             Stabenow):
       S. 473. A bill to establish the Senator Paul Simon Study 
     Abroad Foundation; to the Committee on Health, Education, 
     Labor, and Pensions.
           By Mr. GRASSLEY (for himself and Mrs. McCaskill):
       S. 474. A bill to amend the Congressional Accountability 
     Act of 1995 to apply whistleblower protections available to 
     certain executive branch employees to legislative branch 
     employees, and for other purposes; to the Committee on 
     Homeland Security and Governmental Affairs.
           By Mr. BURR (for himself and Mrs. Feinstein):
       S. 475. A bill to amend the Servicemembers Civil Relief Act 
     to guarantee the equity of spouses of military personnel with 
     regard to matters of residency, and for other purposes; to 
     the Committee on Veterans' Affairs.
           By Mrs. BOXER (for herself and Mr. Bond):
       S. 476. A bill to amend title 10, United States Code, to 
     reduce the minimum distance of travel necessary for 
     reimbursement of covered beneficiaries of the military health 
     care system for travel for specialty health care; to the 
     Committee on Armed Services.
           By Mr. NELSON of Florida:
       S. 477. A bill to amend the Act entitled ``An Act 
     authorizing associations of producers of aquatic products'' 
     to include persons engaged in the fishery industry as charter 
     boats or recreational fishermen, and for other purposes; to 
     the Committee on Commerce, Science, and Transportation.
           By Mr. DeMINT (for himself, Mr. Alexander, Mr. Burr, 
             Mr. Cornyn, Mr. Enzi, Mr. Inhofe, Mr. Roberts, Mr. 
             Wicker, Mr. Vitter, Mr. Coburn, Mr. Corker, Mr. 
             McConnell, Mr. Bunning, Mr. Thune, Mr. McCain, Mr. 
             Barrasso, Mr. Brownback, Mr. Kyl, and Mr. Shelby):
       S. 478. A bill to amend the National Labor Relations Act to 
     ensure the right of employees to a secret-ballot election 
     conducted by the National Labor Relations Board; read the 
     first time.
           By Mr. CARDIN (for himself, Mr. Webb, Mr. Warner, Ms. 
             Mikulski, Mr. Carper, Mr. Kaufman, and Mr. Casey):
       S. 479. A bill to amend the Chesapeake Bay Initiative Act 
     of 1998 to provide for the continuing authorization of the 
     Chesapeake Bay Gateways and Watertrails Network; to the 
     Committee on Environment and Public Works.
           By Mr. BROWN:
       S. 480. A bill to establish the Office of Regional Economic 
     Adjustment in the Department of Commerce, to assist regions 
     affected by sudden and severe economic dislocation by 
     coordinating Federal, State, and local resources for economic 
     adjustment and by providing technical assistance, and for 
     other purposes; to the Committee on Environment and Public 
     Works.
           By Ms. SNOWE (for herself and Mr. Whitehouse):
       S. 481. A bill to authorize additional Federal Bureau of 
     Investigation field agents to investigate financial crimes; 
     to the Committee on the Judiciary.
           By Mr. FEINGOLD (for himself, Mr. Cochran, Mr. Schumer, 
             Mr. Bennett, Mrs. Feinstein, Mr. McCain, Mr. Durbin, 
             Mr. Alexander, Mr. Reid, Mr. Lugar, Mr. Lieberman, 
             Mr. Isakson, Mr. Dodd, Mr. Grassley, Mr. Leahy, Mr. 
             Levin, Mr. Kerry, Mr. Akaka, Mr. Harkin, Mr. Nelson 
             of Nebraska, Mr. Reed, Mr. Rockefeller, Mr. Bingaman, 
             Mr. Brown, and Mr. Cardin):
       S. 482. A bill to require Senate candidates to file 
     designations, statements, and reports in electronic form; 
     read the first time.
           By Mr. DODD (for himself, Mr. Lieberman, Mrs. Boxer, 
             Mr. Schumer, Mrs. McCaskill, and Mr. Bond):
       S. 483. A bill to require the Secretary of the Treasury to 
     mint coins in commemoration of Mark Twain; to the Committee 
     on Banking, Housing, and Urban Affairs.
           By Mrs. FEINSTEIN (for herself, Ms. Collins, Mr. 
             Durbin, Mr. Kerry, Mr. Brown, Mr. Cardin, Mrs. Boxer, 
             Mrs. Lincoln, Mr. Whitehouse, Mr. Nelson of Florida, 
             and Mr. Menendez):
       S. 484. A bill to amend title II of the Social Security Act 
     to repeal the Government pension offset and windfall 
     elimination provisions; to the Committee on Finance.
           By Ms. MURKOWSKI (for herself and Mr. Byrd):
       S.J. Res. 11. A joint resolution proposing an amendment to 
     the Constitution of the United States relative to a seat in 
     the House of Representatives for the District of Columbia; to 
     the Committee on the Judiciary.

                          ____________________




            SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS

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

           By Mr. BAUCUS:
       S. Res. 54. An original resolution authorizing expenditures 
     by the Committee on Finance; from the Committee on Finance; 
     to the Committee on Rules and Administration.
           By Ms. SNOWE (for herself, Mrs. Murray, and Ms. 
             Mikulski):
       S. Res. 55. A resolution designating each of February 4, 
     2009, and February 3, 2010, as ``National Women and Girls in 
     Sports Day''; to the Committee on the Judiciary.
           By Mr. LUGAR:
       S. Res. 56. A resolution urging the Government of Moldova 
     to ensure a fair and democratic election process for the 
     parliamentary elections on April 5, 2009; to the Committee on 
     Foreign Relations.
           By Mr. CARDIN (for himself, Ms. Collins, Mr. 
             Rockefeller, Ms. Mikulski, and Mr. Bingaman):
       S. Con. Res. 8. A concurrent resolution expressing support 
     for Children's Dental Health Month and honoring the memory of 
     Deamonte Driver; considered and agreed to.

                          ____________________




                         ADDITIONAL COSPONSORS


                                 S. 34

  At the request of Mr. DeMint, the name of the Senator from Utah (Mr. 
Bennett) was added as a cosponsor of S. 34, a bill to prevent the 
Federal Communications Commission from repromulgating the fairness 
doctrine.


                                 S. 146

  At the request of Mr. Kohl, the name of the Senator from Delaware 
(Mr. Kaufman) was added as a cosponsor of S. 146, a bill to amend the 
Federal antitrust laws to provide expanded coverage and to eliminate 
exemptions from such laws that are contrary to the public interest with 
respect to railroads.


                                 S. 160

  At the request of Mr. Lieberman, the name of the Senator from 
California (Mrs. Feinstein) 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. 182

  At the request of Mr. Inouye, his name was added as a cosponsor of S. 
182, a bill to amend the Fair Labor Standards Act of 1938 to provide 
more effective remedies to victims of discrimination in the payment of 
wages on the basis of sex, and for other purposes.


                                 S. 277

  At the request of Mr. Nelson of Florida, his name was added as a 
cosponsor

[[Page 5544]]

of S. 277, a bill to amend the National and Community Service Act of 
1990 to expand and improve opportunities for service, and for other 
purposes.


                                 S. 322

  At the request of Mr. Schumer, the name of the Senator from Virginia 
(Mr. Webb) was added as a cosponsor of S. 322, a bill to amend the 
Internal Revenue Code of 1986 to equalize the exclusion from gross 
income of parking and transportation fringe benefits and to provide for 
a common cost-of-living adjustment, and for other purposes.


                                 S. 345

  At the request of Mr. Lugar, the name of the Senator from Connecticut 
(Mr. Lieberman) was added as a cosponsor of S. 345, a bill to 
reauthorize the Tropical Forest Conservation Act of 1998 through fiscal 
year 2012, to rename the Tropical Forest Conservation Act of 1998 as 
the ``Tropical Forest and Coral Conservation Act of 2009'', and for 
other purposes.


                                 S. 356

  At the request of Mrs. Boxer, the name of the Senator from Maine (Ms. 
Snowe) was added as a cosponsor of S. 356, a bill to amend the Bank 
Holding Company Act of 1956 and the Revised Statutes of the United 
States to prohibit financial holding companies and national banks from 
engaging, directly or indirectly, in real estate brokerage or real 
estate management activities, and for other purposes.


                                 S. 371

  At the request of Mr. Thune, the names of the Senator from Idaho (Mr. 
Risch) and the Senator from Idaho (Mr. Crapo) were added as cosponsors 
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. 388

  At the request of Ms. Mikulski, the name of the Senator from New York 
(Mr. Schumer) was added as a cosponsor of S. 388, a bill to extend the 
termination date for the exemption of returning workers from the 
numerical limitations for temporary workers.


                                 S. 414

  At the request of Mr. Dodd, the name of the Senator from Vermont (Mr. 
Sanders) was added as a cosponsor of S. 414, a bill to amend the 
Consumer Credit Protection Act, to ban abusive credit practices, 
enhance consumer disclosures, protect underage consumers, and for other 
purposes.


                                 S. 422

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


                                 S. 423

  At the request of Mr. Akaka, the name of the Senator from Oklahoma 
(Mr. Inhofe) was added as a cosponsor of S. 423, a bill to amend title 
38, United States Code, to authorize advance appropriations for certain 
medical care accounts of the Department of Veterans Affairs by 
providing two-fiscal year budget authority, and for other purposes.


                                 S. 428

  At the request of Mr. Dorgan, the name of the Senator from Oregon 
(Mr. Wyden) was added as a cosponsor of S. 428, a bill to allow travel 
between the United States and Cuba.


                               S. RES. 20

  At the request of Mr. Voinovich, the names of the Senator from West 
Virginia (Mr. Byrd) and the Senator from New Hampshire (Mrs. Shaheen) 
were added as cosponsors of S. Res. 20, a resolution celebrating the 
60th anniversary of the North Atlantic Treaty Organization.


                               S. RES. 53

  At the request of Mrs. Lincoln, the names of the Senator from Ohio 
(Mr. Brown), the Senator from Illinois (Mr. Burris), the Senator from 
Mississippi (Mr. Cochran), the Senator from Texas (Mrs. Hutchison), the 
Senator from Georgia (Mr. Isakson), the Senator from Michigan (Ms. 
Stabenow) and the Senator from Michigan (Mr. Levin) were added as 
cosponsors of S. Res. 53, a resolution authorizing a plaque 
commemorating the role of enslaved African Americans in the 
construction of the Capitol.

                          ____________________




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. VOINOVICH (for himself and Mr. Kohl):
  S. 469. A bill to amend chapter 83 of title 5, United States Code, to 
modify the computation for part-time service under the Civil Service 
Retirement System; to the Committee on Homeland Security and 
Governmental Affairs.
  Mr. VOINOVICH. Mr. President, I am pleased to be joined by Senator 
Kohl in introducing legislation to assist many of our Nation's public 
servants who choose to work part-time for a portion of their Federal 
career. The legislation is timely given the increasing number of 
Federal employees eligible to retire and the need for agencies to 
retain an experienced workforce to carry out critical government 
functions.
  Our legislation would change the computation of Civil Service 
Retirement System, CSRS, annuities involving part-time service by 
correcting an anomaly that is a disincentive for employees nearing the 
end of their careers who would like to phase into retirement by working 
part-time. Under current law, if an employee under the CSRS system with 
substantial full-time service before 1986 switches to a part-time 
schedule at the end of his or her career, the high-three average salary 
that is applied to service before 1986 is the pro-rated salary or, if 
higher, the full-time salary from the years before the employee began 
working part-time. This often results in a disproportionate reduction 
in the employee's benefit.
  The legislation would clarify that CSRS annuities based in whole or 
in part on part-time service should be pro-rated for the period of 
service that was performed on a part-time basis. The correction will 
help agencies, as part of their succession planning efforts, in 
retaining the expertise of staff that elect to work on a part-time 
basis at the end of their Federal careers. It is my hope agencies will 
include this tool in their human capital plans to help facilitate the 
transfer of knowledge to the next generation of government leaders.
  I urge my colleagues to support this legislation.
                                 ______
                                 
      By Mr. DURBIN (for himself and Ms. Klobuchar):
  S. 470. A bill to combat organized crime involving the illegal 
acquisition of retail goods for the purpose of selling those illegally 
obtained goods through physical and online retail marketplaces; to the 
Committee on the Judiciary.
  Mr. DURBIN. Mr. President, I rise to speak about legislation that I 
am introducing today, the Combating Organized Retail Crime Act of 2009. 
This legislation takes important steps to confront the growing problem 
of organized criminal activity involving stolen and resold retail 
goods. This organized retail crime costs retailers billions of dollars 
per year and creates significant health and safety risks for consumers. 
My legislation will toughen criminal laws and put in place effective 
regulatory and information-sharing measures to help retailers, 
secondary marketplaces, and law enforcement agencies work together to 
stop this crime. I am pleased that my colleague Senator Klobuchar is 
joining me in introducing this important legislation, and I look 
forward to working with her and all my colleagues to see it passed into 
law.
  I recently became Chairman of the Senate Crime and Drugs Subcommittee 
and I hope to hold a hearing in the Subcommittee on the problem of 
organized retail crime and the Combating Organized Retail Crime Act. I 
also want to acknowledge that Congressman Bobby Scott, the Chairman of 
the House Crime Subcommittee, and Congressman Brad Ellsworth are each 
introducing bills to crack down on organized retail crime. I look 
forward to

[[Page 5545]]

working with them and all of my colleagues to enact legislation that 
will address this growing problem in a comprehensive and effective 
manner.
  Organized retail crime rings currently operate across the Nation and 
internationally. Their criminal activity begins with the coordinated 
theft of large amounts of items from retail stores with the intent to 
resell those items. The foot soldiers in these organized retail crime 
rings are professional shoplifters, called ``boosters,'' who steal from 
retail stores such items as over-the-counter drugs, baby formula, 
medical diagnostic tests, health and beauty aids, clothing, razor 
blades, and electronic devices. These boosters often use sophisticated 
means for evading retailer anti-theft safeguards, and occasionally 
dishonest retail employees are complicit in the theft. Each booster 
routinely steals thousands of dollars worth of items from multiple 
stores, and delivers the items to a ``fence,'' or a person who buys 
stolen products from boosters for a fee that is frequently paid in cash 
or drugs.
  Today, organized retail crime rings often enlist numerous fences to 
deliver stolen retail goods to processing and storage warehouses 
operated by the rings. At these warehouse locations, teams of workers 
sort the stolen items, disable anti-theft tracking devices, and remove 
labels that identify the items with a particular retailer. In some 
instances, they alter items' expiration dates, replace labels with 
those of more expensive products, or dilute products and repackage the 
modified contents in seemingly-authentic packaging. Often, the 
conditions in which these stolen goods are transported, handled and 
stored are substandard, leading to the deterioration or contamination 
of the goods.
  Organized retail crime rings typically resell their stolen 
merchandise in physical marketplaces, such as flea markets and swap-
meets, or on Internet auction sites. Internet sites are particularly 
tempting avenues for these sales, since the Internet reaches a 
worldwide market and allows sellers to operate anonymously and maximize 
return.
  Organized retail crime has a variety of harmful effects. Retailers 
and the FBI estimate that this crime costs retailers approximately $30 
billion per year and deprives states of hundreds of millions of dollars 
in lost sales tax revenues. The proceeds of organized retail crime can 
be used to finance other forms of criminal behavior, including gang 
activity, drug trafficking and international terrorism. Further, 
organized retail crime often involves the resale of consumable goods 
like baby formula or medical diagnostic tests like diabetic strips, 
which can cause significant harm to consumers when stored improperly or 
sold past their expiration date.
  Although the problem of organized retail crime predates the economic 
crisis facing our nation, the current recession has lent more urgency 
to the need to curb organized retail crime. In recent months theft and 
shoplifting from retailers has increased and retailers' revenues have 
decreased, thus enlarging the bite that organized retail crime has 
taken out of retailers' balance sheets. A December 2008 survey by the 
Retail Industry Leaders Association found that 80 percent of the 
retailers surveyed reported experiencing an increase in organized 
retail crime since the start of the current economic downturn. In a 
2008 survey of loss prevention executives performed by the National 
Retail Federation, 85 percent of the 114 retailers surveyed indicated 
that their company had been a victim of organized retail crime in the 
past 12 months. Many law enforcement officials predict that organized 
retail crime will continue to increase during these troubled economic 
times.
  After I introduced legislation on this subject last Congress, I 
listened to the views of stakeholders from law enforcement, the retail 
community, and the Internet marketplace community, and have made 
several revisions to my legislation in response to their suggestions. 
The legislation I am introducing today, the Combating Organized Retail 
Crime Act of 2009, would do the following:
  First, it would toughen the criminal code's treatment of organized 
retail crime. It would refine certain offenses, such as the crimes of 
interstate transport and sale of stolen goods, to capture conduct that 
is being committed by individuals engaged in organized retail crime. It 
would also require the U.S. Sentencing Commission to consider relevant 
sentencing guideline enhancements.
  Second, the bill would establish a reporting system through which 
evidence of organized retail crime can be effectively shared between 
the victimized retailers, the marketplaces where items are being 
resold, and the Justice Department. The bill would create a form that 
retailers could use to describe suspected illegal sales activity 
involving goods that were stolen from that retailer. The retailer would 
sign and submit this form to both the Justice Department and to the 
operator of a physical or online marketplace where the stolen goods are 
suspected of being offered for resale. Upon receiving the form, the 
marketplace operator would be required to conduct an account review of 
the suspected sellers and provide the results of that account review to 
the Justice Department. This reporting system would ensure that the 
Justice Department receives information from both retailers and 
marketplaces in order to piece together organized retail crime 
investigations and prosecutions.
  Third, the bill would require that when a marketplace operator is 
presented with clear and convincing evidence that a seller on that 
marketplace is selling stolen goods, the operator must terminate that 
seller's activities unless the seller can produce exculpatory evidence. 
The bill would also require that when a marketplace operator is 
presented with evidence of criminal activity involving a seller who 
offers consumable goods or medical diagnostic tests on that 
marketplace, the operator must immediately suspend the ability of that 
seller to sell such goods because of the potentially imminent danger to 
public safety.
  Additionally, the bill would require high-volume sellers on Internet 
marketplace sites to provide a physical address to the marketplace 
operator. This address would be shared with the Justice Department and 
with retailers who attest and provide evidence that the high-volume 
seller is suspected of reselling goods stolen from that retailer. This 
address-sharing regime will permit appropriate inquiries to determine 
whether high-volume Internet sellers are legitimate operations, and is 
similar to address-sharing regimes that permit inquiries into possible 
copyright violations by online sellers.
  In sum, the Combating Organized Retail Crime Act of 2009 is targeted 
legislation that aims to deter organized retail crime and facilitate 
the identification and prosecution of those who participate in it. The 
bill heightens the penalties for organized retail crime, shuts down 
criminals who are selling stolen goods, and places valuable information 
about illegal activity into the hands of law enforcement. This 
legislation has broad support in the retail industry in my home state 
of Illinois and nationwide. It is supported by the Illinois Retail 
Merchants Association, the National Retail Federation, the Retail 
Industry Leaders Association, the Food Marketing Institute, the 
National Association of Chain Drug Stores, and the Coalition to Stop 
Organized Retail Crime, whose members include such retail chains as 
Walgreens, Home Depot, Target, Wal-Mart, Safeway, and Macy's.
  Organized retail crime is a growing problem nationwide. There is a 
pressing need to address it, particularly in light of the weakening 
economy and the risks such crime creates for unknowing consumers. I 
urge my colleagues to support this legislation so we can effectively 
combat this crime.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 470

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

[[Page 5546]]



     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Combating Organized Retail 
     Crime Act of 2009''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Organized retail crime involves the coordinated 
     acquisition of large volumes of retail merchandise by theft, 
     embezzlement, fraud, false pretenses, or other illegal means 
     from commercial entities engaged in interstate commerce, for 
     the purpose of selling or distributing such illegally 
     obtained items in the stream of commerce. Organized retail 
     crime is a growing problem nationwide that costs American 
     companies and consumers billions of dollars annually and that 
     has a substantial and direct effect upon interstate commerce.
       (2) The illegal acquisition and black-market sale of 
     merchandise by persons engaged in organized retail crime 
     result in an estimated annual loss of hundreds of millions of 
     dollars in sales and income tax revenues to State and local 
     governments.
       (3) The illegal acquisition, unsafe tampering and storage, 
     and unregulated redistribution of consumer products such as 
     baby formula, over-the-counter drugs, medical diagnostic 
     tests, and other items by persons engaged in organized retail 
     crime pose a health and safety hazard to consumers 
     nationwide.
       (4) Investigations into organized retail crime have 
     revealed that the illegal income resulting from such crime 
     often benefits persons and organizations engaged in other 
     forms of criminal activity, such as drug trafficking and gang 
     activity.
       (5) Items obtained through organized retail crime are 
     resold in a variety of different marketplaces, including flea 
     markets, swap meets, open-air markets, and Internet auction 
     websites. Increasingly, persons engaged in organized retail 
     crime use Internet auction websites to resell illegally 
     obtained items. The Internet offers such sellers a worldwide 
     market and a degree of anonymity that physical marketplace 
     settings do not offer.

     SEC. 3. OFFENSES RELATED TO ORGANIZED RETAIL CRIME.

       (a) Transportation of Stolen Goods.--The first undesignated 
     paragraph of section 2314 of title 18, United States Code, is 
     amended by inserting after ``more,'' the following: ``or, 
     during any 12-month period, of an aggregate value of $5,000 
     or more during that period,''.
       (b) Sale or Receipt of Stolen Goods.--The first 
     undesignated paragraph of section 2315 of title 18, United 
     States Code, is amended by inserting after ``$5,000 or 
     more,'' the following: ``or, during any 12-month period, of 
     an aggregate value of $5,000 or more during that period,''.
       (c) Fraud in Connection With Access Devices.--Section 
     1029(e)(1) of title 18, United States Code, is amended by 
     inserting ``Universal Product Code label or similar product 
     code label, gift card, stock keeping unit number, radio-
     frequency identification tag, electronic article surveillance 
     tag,'' after ``code,''.
       (d) Review and Amendment of Federal Sentencing Guidelines 
     for Offenses Related to Organized Retail Crime.--
       (1) Review and amendment.--
       (A) In general.--The United States Sentencing Commission, 
     pursuant to its authority under section 994 of title 28, 
     United States Code, and in accordance with this subsection, 
     shall review and, if appropriate, amend the Federal 
     sentencing guidelines (including its policy statements) 
     applicable to persons convicted of offenses involving 
     organized retail crime, which is the coordinated acquisition 
     of large volumes of retail merchandise by theft, 
     embezzlement, fraud, false pretenses, or other illegal means 
     from commercial entities engaged in interstate commerce for 
     the purpose of selling or distributing the illegally obtained 
     items in the stream of commerce.
       (B) Offenses.--Offenses referred to in subparagraph (A) may 
     include offenses contained in--
       (i) sections 1029, 2314, and 2315 of title 18, United 
     States Code; and
       (ii) any other relevant provision of the United States 
     Code.
       (2) Requirements.--In carrying out the requirements of this 
     subsection, the United States Sentencing Commission shall--
       (A) ensure that the Federal sentencing guidelines 
     (including its policy statements) reflect--
       (i) the serious nature and magnitude of organized retail 
     crime; and
       (ii) the need to deter, prevent, and punish offenses 
     involving organized retail crime;
       (B) consider the extent to which the Federal sentencing 
     guidelines (including its policy statements) adequately 
     address offenses involving organized retail crime to 
     sufficiently deter and punish such offenses;
       (C) maintain reasonable consistency with other relevant 
     directives and sentencing guidelines;
       (D) account for any additional aggravating or mitigating 
     circumstances that might justify exceptions to the generally 
     applicable sentencing ranges; and
       (E) consider whether to provide a sentencing enhancement 
     for those convicted of conduct involving organized retail 
     crime, where the conduct involves--
       (i) a threat to public health and safety, including 
     alteration of an expiration date or of product ingredients;
       (ii) theft, conversion, alteration, or removal of a product 
     label;
       (iii) a second or subsequent offense; or
       (iv) the use of advanced technology to acquire retail 
     merchandise by means of theft, embezzlement, fraud, false 
     pretenses, or other illegal means.

     SEC. 4. SALES OF ILLEGALLY OBTAINED ITEMS IN PHYSICAL OR 
                   ONLINE RETAIL MARKETPLACES.

       (a) In General.--Chapter 113 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2324. Physical and online retail marketplaces

       ``(a) Definitions.--As used in this section, the following 
     definitions shall apply:
       ``(1) High volume seller.--The term `high volume seller' 
     means a user of an online retail marketplace who, in any 
     continuous 12-month period during the previous 24 months, has 
     entered into--
       ``(A) multiple discrete sales or transactions resulting in 
     the accumulation of an aggregate total of $12,000 or more in 
     gross revenues; or
       ``(B) 200 or more discrete sales or transactions resulting 
     in the accumulation of an aggregate total of $5,000 or more 
     in gross revenues.
       ``(2) Internet site.--The term `Internet site' means a 
     location on the Internet that is accessible at a specific 
     Internet domain name or address under the Internet Protocol 
     (or any successor protocol), or that is identified by a 
     uniform resource locator.
       ``(3) Online retail marketplace.--The term `online retail 
     marketplace' means an Internet site where users other than 
     the operator of the Internet site can enter into transactions 
     with each other for the sale or distribution of goods or 
     services, and in which--
       ``(A) the goods or services are promoted through inclusion 
     in search results displayed within the Internet site;
       ``(B) the operator of the Internet site--
       ``(i) has the contractual right to supervise the activities 
     of users with respect to the goods or services; or
       ``(ii) has a financial interest in the sale of the goods or 
     services; and
       ``(C) in any continuous 12-month period during the previous 
     24 months, users other than the operator of the Internet site 
     collectively have entered into not fewer than 1,000 discrete 
     transactions for the sale of goods or services.
       ``(4) Operator of an online retail marketplace.--The term 
     `operator of an online retail marketplace' means a person or 
     entity that--
       ``(A) operates or controls an online retail marketplace; 
     and
       ``(B) makes the online retail marketplace available for 
     users to enter into transactions with each other on that 
     marketplace for the sale or distribution of goods or 
     services.
       ``(5) Operator of a physical retail marketplace.--The term 
     `operator of a physical retail marketplace' means a person or 
     entity that rents or otherwise makes available a physical 
     retail marketplace to transient vendors to conduct business 
     for the sale of goods, or services related to the goods.
       ``(6) Physical retail marketplace.--The term `physical 
     retail marketplace'--
       ``(A) may include a flea market, indoor or outdoor swap 
     meet, open air market, or other similar environment;
       ``(B) means a venue or event--
       ``(i) in which physical space is made available not more 
     than 4 days per week by an operator of a physical retail 
     marketplace as a temporary place of business for transient 
     vendors to conduct business for the sale of goods, or 
     services related to the goods; and
       ``(ii) in which in any continuous 12-month period during 
     the preceding 24 months, there have been 10 or more days on 
     which 5 or more transient vendors have conducted business at 
     the venue or event; and
       ``(C) does not mean and shall not apply to an event which 
     is organized and conducted for the exclusive benefit of any 
     community chest, fund, foundation, association, or 
     corporation organized and operated for religious, 
     educational, or charitable purposes, provided that no part of 
     any admission fee or parking fee charged vendors or 
     prospective purchasers, and no part of the gross receipts or 
     net earnings from the sale or exchange of goods or services, 
     whether in the form of a percentage of the receipts or 
     earnings, salary, or otherwise, inures to the benefit of any 
     private shareholder or person participating in the 
     organization or conduct of the event.
       ``(7) Structuring.--The term `structuring' means to 
     knowingly conduct, or attempt to conduct, alone, or in 
     conjunction with or on behalf of 1 or more other persons, 1 
     or more transactions in currency, in any amount, in any 
     manner, with the purpose of evading categorization as a 
     physical retail marketplace, an online retail marketplace, or 
     a high volume seller.
       ``(8) Temporary place of business.--The term `temporary 
     place of business' means any physical space made open to the 
     public, including but not limited to a building, part of a 
     building, tent or vacant lot, which is temporarily occupied 
     by 1 or more persons or

[[Page 5547]]

     entities for the purpose of making sales of goods, or 
     services related to those goods, to the public. A place of 
     business is not temporary with respect to a person or entity 
     if that person or entity conducts business at the place and 
     stores unsold goods there when it is not open for business.
       ``(9) Transient vendor.--The term `transient vendor' means 
     any person or entity that, in the usual course of business, 
     transports inventory, stocks of goods, or similar tangible 
     personal property to a temporary place of business for the 
     purpose of entering into transactions for the sale of the 
     property.
       ``(10) User.--The term `user' means a person or entity that 
     accesses an online retail marketplace for the purpose of 
     entering into transactions for the sale or distribution of 
     goods or services.
       ``(11) Valid physical postal address.--The term `valid 
     physical postal address' means--
       ``(A) a current street address, including the city, State, 
     and zip code;
       ``(B) a Post Office box that has been registered with the 
     United States Postal Service; or
       ``(C) a private mailbox that has been registered with a 
     commercial mail receiving agency that is established pursuant 
     to United States Postal Service regulations.
       ``(b) Safeguards Against Sales of Illegally Obtained 
     Items.--
       ``(1) Suspected illegal sales activity forms.--
       ``(A) Regulations.--The Attorney General shall promulgate 
     regulations--
       ``(i) establishing a form, called a `suspected illegal 
     sales activity form', through which an authorized person may 
     present evidence showing that a transient vendor of a 
     physical retail marketplace, a user of an online retail 
     marketplace, or a director, officer, employee, or agent of 
     the transient vendor or user, has used or is using a physical 
     retail marketplace or an online retail marketplace to sell or 
     distribute items that were stolen, embezzled, or obtained by 
     fraud, false pretenses, or other illegal means from the 
     authorized person, or has engaged in or is engaging in 
     structuring;
       ``(ii) requiring that an authorized person who submits a 
     suspected illegal sales activity form shall, in a manner to 
     be specified by the Attorney General--

       ``(I) refer in the form to 1 or more specific items, 
     individuals, entities or transactions allegedly involved in 
     theft, embezzlement, fraud, false pretenses, structuring, or 
     other illegal activity;
       ``(II) refer in the form to 1 or more alleged violations of 
     Federal law;
       ``(III) provide along with the form documentary evidence 
     supporting the allegations of illegal activity, which may 
     include--

       ``(aa) video recordings;
       ``(bb) audio recordings;
       ``(cc) sworn affidavits;
       ``(dd) financial, accounting, business, or sales records;
       ``(ee) records or transcripts of phone conversations;
       ``(ff) documents that have been filed in a Federal or State 
     court proceeding; and
       ``(gg) signed reports to or from a law enforcement agency; 
     and

       ``(IV) sign the form;

       ``(iii) providing that an authorized person who completes a 
     suspected illegal sales activity form may submit the form and 
     accompanying documentary evidence to the operator of a 
     physical retail marketplace or the operator of an online 
     retail marketplace, and that if the authorized person submits 
     the form to the operator, the authorized person shall submit 
     the form and documentary evidence to the Attorney General; 
     and
       ``(iv) ensuring that a suspected illegal sales activity 
     form and accompanying documentary evidence are able to be 
     submitted by an authorized person to the operator of a 
     physical retail marketplace or online retail marketplace and 
     to the Attorney General by mail and by electronic means.
       ``(B) Authorized persons.--
       ``(i) In general.--For purposes of this section, an 
     authorized person is a person who--

       ``(I) offers goods or services for sale to the public as 
     part of a business operation;
       ``(II) has submitted to the Attorney General in writing, on 
     a form that shall be promulgated by the Attorney General and 
     made available on the Internet, a request to serve as an 
     authorized person; and
       ``(III) has been approved by the Attorney General to serve 
     as an authorized person.

       ``(ii) Approval.--The Attorney General shall approve a 
     request by a person to serve as an authorized person if the 
     person offers goods or services for sale to the public as 
     part of a business operation. An approval under this clause 
     shall remain in effect unless the authorized person requests 
     that the Attorney General terminate the approval.
       ``(iii) Fees.--The Attorney General may charge a processing 
     fee to a person solely to cover the cost of processing the 
     approval of the person as an authorized person.
       ``(iv) Agents.--An individual who serves as an officer, 
     employee, or agent for a person who offers goods or services 
     for sale to the public as part of a business operation may 
     serve as an authorized person on behalf of that person.
       ``(v) List.--The Attorney General shall maintain a list of 
     authorized persons, which shall be made available to the 
     public upon request.
       ``(C) Availability of forms.--The Attorney General shall 
     make suspected illegal sales activity forms available on the 
     Internet to authorized persons.
       ``(2) Duties of operators of physical retail marketplaces 
     and online retail marketplaces to conduct account reviews and 
     file suspicious activity reports; consumable goods.--If an 
     operator of a physical or online retail marketplace is 
     presented with a suspected illegal sales activity form and 
     accompanying documentary evidence from an authorized person 
     showing that a transient vendor of the physical retail 
     marketplace, a user of the online retail marketplace, or a 
     director, officer, employee, or agent of the transient vendor 
     or user, has used or is using the retail marketplace to sell 
     or distribute items that were stolen, embezzled, or obtained 
     by fraud, false pretenses or other illegal means, or has 
     engaged in or is engaging in structuring, the operator 
     shall--
       ``(A)(i) not later than 30 days after receiving the form--
       ``(I) conduct a review of the account of the transient 
     vendor or user for evidence of illegal activity; and
       ``(II) file a suspicious activity report with the Attorney 
     General of the United States; and
       ``(ii) not later than 24 hours after filing the report 
     described in clause (i)(II), notify the authorized person who 
     submitted the suspected illegal sales activity form that the 
     operator filed the report; and
       ``(B) with regard to any items referred to in the suspected 
     illegal sales activity form that are consumable or that are 
     medical diagnostic tests, immediately suspend the ability of 
     any transient vendor or user who is referred to in the form 
     as selling or distributing the items to conduct transactions 
     involving the items, and notify the Attorney General of such 
     action in the suspicious activity report.
       ``(3) Duties of operators of physical retail marketplaces 
     and online retail marketplaces to terminate sales activity.--
       ``(A) In general.--If an operator of a physical retail 
     marketplace or an online retail marketplace is presented with 
     a suspected illegal sales activity form and accompanying 
     documentary evidence from an authorized person, the operator 
     shall determine, based on the form, the documentary evidence, 
     and the account review conducted by the operator, whether 
     there is clear and convincing evidence that the transient 
     vendor of the physical retail marketplace, a user of the 
     online retail marketplace, or a director, officer, employee, 
     or agent of the transient vendor or user, has used or is 
     using the retail marketplace to sell or distribute items that 
     were stolen, embezzled, or obtained by fraud, false 
     pretenses, or other illegal means, or has engaged in or is 
     engaging in structuring. The operator shall describe the 
     determination of the operator under this subparagraph in the 
     suspicious activity report.
       ``(B) Actions.--If the operator of a physical retail 
     marketplace or an online retail marketplace determines that 
     there is clear and convincing evidence of an activity 
     described in subparagraph (A), the operator shall, not later 
     than 5 days after submitting the suspicious activity report 
     to the Attorney General pursuant to paragraph (2), either--
       ``(i) terminate the ability of the transient vendor to 
     conduct business at the physical retail marketplace or 
     terminate the ability of the user to conduct transactions on 
     the online retail marketplace, and notify the Attorney 
     General of such action; or
       ``(ii)(I) request that the transient vendor or user present 
     documentary evidence that the operator reasonably determines 
     to be clear and convincing showing that the transient vendor 
     or user has not used the retail marketplace to sell or 
     distribute items that were stolen, embezzled, or obtained by 
     fraud, false pretenses, or other illegal means, or has not 
     engaged in or is not engaging in structuring; and
       ``(II)(aa) if the transient vendor or user fails to present 
     the information within 30 days of the request, terminate the 
     ability of the transient vendor to conduct business at the 
     physical retail marketplace or terminate the ability of the 
     user to conduct transactions on the online retail 
     marketplace, and notify the Attorney General of such action; 
     or
       ``(bb) if the transient vendor or user presents the 
     information within 30 days, then the operator shall report 
     the information to the Attorney General and notify the 
     transient vendor or user that the operator will not terminate 
     the activities of the transient vendor or user.
       ``(C) Attorney general authorization.--The Attorney General 
     or a designee may, with respect to the timing of the 
     operator's actions pursuant to this paragraph, direct the 
     operator in writing and for good cause to delay such action.
       ``(4) Retention of records.--
       ``(A) Retail marketplaces.--Each operator of a physical 
     retail marketplace and each operator of an online retail 
     marketplace shall maintain--
       ``(i) a record of all suspected illegal sales activity 
     forms and accompanying documentary evidence presented to it 
     pursuant to

[[Page 5548]]

     this subsection for 3 years from the date the operator 
     received the form and evidence;
       ``(ii) a record of the results of all account reviews 
     conducted pursuant to this subsection, and any supporting 
     documentation, for 3 years from the date of the review; and
       ``(iii) a copy of any suspicious activity report filed with 
     the Attorney General pursuant to this subsection, and the 
     original supporting documentation concerning any report that 
     it files, for 3 years from the date of the filing.
       ``(B) Online retail marketplace.--Each operator of an 
     online retail marketplace shall maintain, for 3 years after 
     the date a user becomes a high volume seller, the name, 
     telephone number, e-mail address, valid physical postal 
     address, and any other identification information that the 
     operator receives about the high volume seller.
       ``(5) Confidentiality of reports.--No operator of a 
     physical retail marketplace or online retail marketplace, and 
     no director, officer, employee or agent of the operator, may 
     notify any individual or entity that is the subject of a 
     suspicious activity report or of an account review under 
     paragraph (2) of the fact that the operator filed the report 
     or performed the account review, or of any information 
     contained in the report or account review.
       ``(6) High volume sellers.--
       ``(A) Valid postal address.--An operator of an online 
     retail marketplace shall require each high volume seller to 
     provide the operator with a valid physical postal address.
       ``(B) Failure to provide.--
       ``(i) In general.--If a high volume seller has failed to 
     provide a valid physical postal address as required in this 
     paragraph, the operator of the online retail marketplace 
     shall, not later than 5 days after the failure to provide the 
     address, notify the user of its duty to provide a valid 
     physical postal address.
       ``(ii) Continued failure.--If a high volume seller has 
     failed to provide a valid physical postal address 15 days 
     after the date on which the operator of an online retail 
     marketplace provides notice under clause (i), the operator 
     shall--

       ``(I) terminate the ability of the user to conduct 
     transactions on marketplace; and
       ``(II) not later than 15 days after that date, file a 
     suspicious activity report with the Attorney General of the 
     United States.

       ``(C) Postal address.--If an authorized person submits to 
     the operator of a physical retail marketplace or online 
     retail marketplace a suspected illegal sales activity form 
     that alleges illegal activity on the part of a specific 
     transient vendor or user that is a high volume seller, the 
     operator shall, not later than 15 days after receiving the 
     form, provide the valid physical postal address of the high 
     volume seller to the authorized person.
       ``(7) Contents of suspicious activity reports.--The 
     Attorney General shall promulgate regulations establishing a 
     suspicious activity report form. Such regulations shall 
     require that a suspicious activity report submitted by an 
     operator to the Attorney General pursuant to paragraph (2) or 
     (6) shall contain, in a form to be determined by the Attorney 
     General, the following information:
       ``(A) The name, address, telephone number, and e-mail 
     address of the individual or entity that is the subject of 
     the report, to the extent known.
       ``(B) Any other information that is in the possession of 
     the operator filing the report regarding the identification 
     of the individual or entity that is the subject of the 
     report.
       ``(C) A copy of the suspected illegal sales activity form 
     and documentary evidence that led to the filing of a report 
     pursuant to paragraph (2).
       ``(D) A detailed description of the results of an account 
     review conducted pursuant to paragraph (2).
       ``(E) A statement of the determination the operator made 
     pursuant to paragraph (3)(A).
       ``(F) If the suspicious activity report is filed pursuant 
     to paragraph (6), a summary of the events that led the 
     operator to terminate the ability of the user to conduct 
     transactions on marketplace.
       ``(G) The signature of the operator.
       ``(H) Such other information as the Attorney General may by 
     regulation prescribe.
       ``(c) Voluntary Reports.--Nothing in this section prevents 
     an operator of a physical retail marketplace or online retail 
     marketplace from voluntarily reporting to a Federal, State, 
     or local government agency any suspicious activity that the 
     operator believes is relevant to the possible violation of 
     any law or regulation, provided that the operator also 
     complies with the requirements of this section.
       ``(d) Structuring.--No individual or entity shall engage in 
     structuring as defined in this section.
       ``(e) Enforcement by Attorney General.--
       ``(1) In general.--Any individual or entity who knowingly 
     commits a violation of, or knowingly fails to comply with, 
     the requirements specified in paragraph (2), (3), (4), (5), 
     or (6) of subsection (b) or subsection (d) shall be liable to 
     the United States Government for a civil penalty of not more 
     than $10,000 per violation.
       ``(2) False statements.--
       ``(A) Suspected illegal sales activity forms.--Any person 
     who knowingly and willfully makes any material false or 
     fictitious statement or representation on a suspected illegal 
     sales activity form or accompanying documentary evidence may, 
     upon conviction thereof, be subject to liability under 
     section 1001.
       ``(B) Suspicious activity report.--Any person who knowingly 
     and willfully makes any material false or fictitious 
     statement or representation in any suspicious activity report 
     required under subsection (b) may, upon conviction thereof, 
     be subject to liability under section 1001.
       ``(f) Enforcement by States.--
       ``(1) Civil action.--In any case in which the attorney 
     general of a State has reason to believe that an interest of 
     the residents of that State has been or is threatened or 
     adversely affected by any person or entity who has committed 
     or is committing a violation of this section, the attorney 
     general, official, or agency of the State, as parens patriae, 
     may bring a civil action on behalf of the residents of the 
     State in a district court of the United States of appropriate 
     jurisdiction--
       ``(A) to enjoin further violation of this section by the 
     defendant;
       ``(B) to obtain damages on behalf of the residents of the 
     State in an amount equal to the actual monetary loss suffered 
     by such residents; or
       ``(C) to impose civil penalties in the amounts specified in 
     subsection (e).
       ``(2) Written notice.--
       ``(A) In general.--The State shall serve prior written 
     notice of any civil action under paragraph (1) upon the 
     Attorney General of the United States, including a copy of 
     its complaint, except that if it is not feasible for the 
     State to provide such prior notice, the State shall serve 
     such notice immediately upon instituting such action.
       ``(B) Attorney general action.--Upon receiving a notice 
     respecting a civil action under subparagraph (A), the 
     Attorney General of the United States shall have the right--
       ``(i) to intervene in such action;
       ``(ii) upon so intervening, to be heard on all matters 
     arising therein; and
       ``(iii) to file petitions for appeal.
       ``(3) State powers preserved.--For purposes of bringing any 
     civil action under this subsection, nothing in this chapter 
     shall prevent an attorney general of a State from exercising 
     the powers conferred on the attorney general by the laws of 
     the State to conduct investigations or to administer oaths or 
     affirmations or to compel the attendance of witnesses or the 
     production of documentary and other evidence.
       ``(4) Pending federal action.--Whenever a civil action has 
     been instituted by the Attorney General of the United States 
     for violation of any rule prescribed under subsection (e), no 
     State may, during the pendency of such action instituted by 
     the Attorney General of the United States, institute a civil 
     action under this subsection against any defendant named in 
     the complaint in such action for any violation alleged in the 
     complaint.
       ``(5) Jurisdiction.--
       ``(A) In general.--Any civil action brought under this 
     subsection in a district court of the United States may be 
     brought in the district in which the defendant is found, is 
     an inhabitant, or transacts business or wherever venue is 
     proper under section 1391 of title 28.
       ``(B) Process.--Process in an action under this subsection 
     may be served in any district in which the defendant is an 
     inhabitant or in which the defendant may be found.
       ``(g) No Private Right of Action.--Nothing in this section 
     shall be interpreted to authorize a private right of action 
     for a violation of any provision of this section, or a 
     private right of action under any other provision of Federal 
     or State law to enforce a violation of this section.''.
       (b) Chapter Analysis.--The chapter analysis for chapter 113 
     of title 18, United States Code, is amended by inserting 
     after the item relating to section 2323 the following:

``Sec. 2324. Physical and online retail marketplaces.''.

     SEC. 5. NO PREEMPTION OF STATE LAW.

       No provision of this Act, including any amendment made by 
     this Act, shall be construed as indicating an intent on the 
     part of Congress to occupy the field in which that provision 
     or amendment operates, including criminal penalties, to the 
     exclusion of any State law on the same subject matter that 
     would otherwise be within the authority of the State, unless 
     there is a positive conflict between that provision or 
     amendment and that State law so that the 2 cannot 
     consistently stand together.

     SEC. 6. EFFECTIVE DATE.

       The amendments made by this Act take effect 120 days after 
     the date of enactment of this Act.
                                 ______
                                 
      By Ms. SNOWE (for herself, Mrs. Murray, Mr. Kennedy, Ms. 
        Mikulski, Mr. Durbin, and Mr. Bingaman):
  S. 471. A bill to amend the Education Sciences Reform Act of 2002 to 
require the Statistics Commissioner to collect information from 
coeducational secondary schools on such schools' athletic programs, and 
for other purposes; to the Committee on Health, Education, Labor, and 
Pensions.

[[Page 5549]]


  Ms. SNOWE. Mr. President, I rise to introduce the High School Sports 
Information Collection Act. I am pleased to be joined again this year 
by my colleague from Washington, Senator Murray. Since the 108th 
Congress, we have introduced this bill to require that high schools, 
like their collegiate counterparts, disclose data on equity in sports, 
making it possible for student athletes and their parents to ensure 
fairness in their school's athletic programs.
  Since my first day in Washington in 1979, I have been a stalwart 
supporter of Title IX. And there should be no mistake what this 37-
year-old landmark civil rights law is all about--equal opportunity for 
both girls and boys to excel in athletics. Obviously, athletic 
participation supports physical health, but sports also impart benefits 
beyond the playing field. For girls who engage in sports, half are less 
likely to suffer depression and breast cancer, 80 percent are less 
likely to have a drug problem, and 92 percent are less likely to have 
an unwanted pregnancy. Athletic competition helps cultivate the kind of 
positive, competitive spirit that develops dedication, self-confidence, 
a sense of team spirit, and ultimate success later in life. So it's not 
surprising that, according to several studies, more than eight out of 
ten successful businesswomen played organized sports while growing up!
  Without question, Title IX has been the driving factor in allowing 
thousands of women and girls the opportunity to benefit from 
intercollegiate and high school sports. Indeed, prior to Title IX, only 
1 in 27 high school girls--fewer than 300,000--played sports. Today, 
the number is more than 2.9 million, that's an increase of over 900 
percent! Moreover, our country is celebrating the achievements of our 
women athletes now more than ever. Just a few weeks ago, tennis player 
Serena Williams became the all-time prize-money leader in women's 
sports by reaching both the doubles and singles finals in the 
Australian Open--not to mention that she won both titles! I am 
particularly pleased that Ms. Williams expressed appreciation for Title 
IX, proving how impactful this policy has been in giving her, and many 
other women, the opportunity to play sports.
  So while we celebrate this remarkable progress, we cannot allow 
ourselves a ``time-out'' or rest on past success. That is why I am 
pleased to work with Senator Patty Murray--who has been a tireless 
advocate for women's sports--to reintroduce the High School Sports Data 
Collection Act of 2007. Our bill directs the Commissioner of the 
National Center for Education Statistics to collect information 
regarding participation in athletics broken down by gender; teams; race 
and ethnicity; and overall expenditures, including items like travel 
expenses, equipment and uniforms. These data are already reported, in 
most cases, to the state Departments of Education and should not pose 
any additional burden on the high schools. Further, to ensure public 
access to this vital information, our legislation would require high 
schools to post the data on the Department of Education's website and 
make this information available to students and the public upon 
request.
  For nearly 40 years, Title IX has opened doors by giving women and 
girls an equal opportunity to participate in student athletic programs. 
This bill will continue that tradition by allowing us to assess current 
opportunities for sports participation for young women, and correct any 
deficiencies. With this new information, we can ensure that young women 
all over the country have the chance not only to improve their athletic 
ability, but also to develop the qualities of teamwork, discipline, and 
self-confidence that lead to success off the playing field.
                                 ______
                                 
      By Mr. DURBIN (for himself, Mr. Wicker, Mr. Akaka, Mr. Baucus, 
        Mr. Bingaman, Mr. Bond, Mr. Cardin, Mr. Cochran, Mr. Kennedy, 
        Mr. Lieberman, Mrs. Lincoln, Mrs. Murray, Mr. Reed, Mr. 
        Roberts, Mr. Sanders, Mr. Schumer, Mr. Whitehouse, Mr. Levin, 
        Mr. Reid, and Ms. Stabenow):
  S. 473. A bill to establish the Senator Paul Simon Study Abroad 
Foundation; to the Committee on Health, Education, Labor, and Pensions.
  Mr. DURBIN. Mr. President, I rise today to reintroduce the Senator 
Paul Simon Study Abroad Foundation Act.
  This year marks the 200th anniversary of Abraham Lincoln's birth. We 
will spend this bicentennial year reflecting on Lincoln's legacy, a 
legacy that extends far beyond the Civil War. President Lincoln strove 
to democratize higher education. He enacted the Morrill Act, 
establishing public land grant universities and opening the doors to a 
college education to more Americans.
  As we recognize Lincoln's legacy this year, we can again transform 
higher education. Today with Senator Wicker I am introducing the 
Senator Paul Simon Study Abroad Foundation Act, which has the potential 
to equip a new generation of Americans with the skills to live in a 
globalized world.
  The bill is named after the late Senator Paul Simon, a man whose 
passion for the public good remains an inspiration to all who knew him. 
Shortly before his death in late 2003, Senator Simon came back to 
Washington to talk to his former colleagues about the need to 
strengthen American security. He wondered how the United States could 
lead the world to stability, peace, and harmony when so many Americans 
are ignorant of the world. He envisioned a United States populated by a 
generation of Americans with greater international understanding--an 
understanding arrived at not by just studying the world, but by living 
in it. He believed this study abroad initiative would be as 
transformative as Lincoln's work to expand access to college.
  Paul's tireless efforts led to Congress' establishment of the Abraham 
Lincoln Study Abroad Commission. I was honored to serve on this 
bipartisan Lincoln Commission, and it was a privilege for me to 
introduce legislation in the past two Congresses to bring Paul Simon's 
dream closer to reality. The bill is based on the Commission's 
recommendations for a study abroad program for undergraduate students 
that will help build global awareness and international understanding. 
In the last Congress, this bill was supported by 50 bipartisan 
cosponsors.
  The Senator Paul Simon Study Abroad Foundation Act has big goals. It 
declares our intention to send one million students abroad per year 
within the next decade. More of those students will study in the 
developing world and the students we send will be more diverse in terms 
of race, socioeconomic background, and field of study. To accomplish 
these goals, a small public-private entity, the Senator Paul Simon 
Foundation, will award grants to students and institutions of higher 
education. The goal of the program is to make study abroad in high-
quality programs in diverse locations around the world more common for 
all college students. Grants to colleges and universities will be used 
to encourage tearing down institutional barriers to study abroad. By 
leveraging change at the institution level, the Foundation will create 
opportunities for countless students--far more than possible through 
direct student grants alone.
  Expanding study abroad should be a national priority. The future of 
the country depends on globally literate citizens who are at ease in 
the world. In his troubled time, Lincoln said, ``The occasion is piled 
high with difficulty, and we must rise with the occasion. As our case 
is new, so we must think anew, and act anew.'' Today, our Nation also 
faces an occasion piled high with difficulty. By passing the Senator 
Paul Simon Study Abroad Foundation Act, we will send the next 
generation of Americans out into the world with open minds and they 
will come back able to think anew and act anew. I ask my colleagues to 
join Senator Wicker and me in support of this important legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

[[Page 5550]]



                                 S. 473

         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 ``Senator Paul Simon Study 
     Abroad Foundation Act of 2009''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) According to former President George W. Bush, 
     ``America's leadership and national security rest on our 
     commitment to educate and prepare our youth for active 
     engagement in the international community.''.
       (2) According to former President William J. Clinton, 
     ``Today, the defense of United States interests, the 
     effective management of global issues, and even an 
     understanding of our Nation's diversity require ever-greater 
     contact with, and understanding of, people and cultures 
     beyond our borders.''.
       (3) Congress authorized the establishment of the Commission 
     on the Abraham Lincoln Study Abroad Fellowship Program 
     pursuant to section 104 of the Miscellaneous Appropriations 
     and Offsets Act, 2004 (division H of Public Law 108-199). 
     Pursuant to its mandate, the Lincoln Commission has submitted 
     to Congress and the President a report of its recommendations 
     for greatly expanding the opportunity for students at 
     institutions of higher education in the United States to 
     study abroad, with special emphasis on studying in developing 
     nations.
       (4) According to the Lincoln Commission, ``[s]tudy abroad 
     is one of the major means of producing foreign language 
     speakers and enhancing foreign language learning'' and, for 
     that reason, ``is simply essential to the [N]ation's 
     security''.
       (5) Studies consistently show that United States students 
     score below their counterparts in other advanced countries on 
     indicators of international knowledge. This lack of global 
     literacy is a national liability in an age of global trade 
     and business, global interdependence, and global terror.
       (6) Americans believe that it is important for their 
     children to learn other languages, study abroad, attend a 
     college where they can interact with international students, 
     learn about other countries and cultures, and generally be 
     prepared for the global age.
       (7) In today's world, it is more important than ever for 
     the United States to be a responsible, constructive leader 
     that other countries are willing to follow. Such leadership 
     cannot be sustained without an informed citizenry with 
     significant knowledge and awareness of the world.
       (8) Study abroad has proven to be a very effective means of 
     imparting international and foreign-language competency to 
     students.
       (9) In any given year, only approximately one percent of 
     all students enrolled in United States institutions of higher 
     education study abroad.
       (10) Less than 10 percent of the students who graduate from 
     United States institutions of higher education with bachelors 
     degrees have studied abroad.
       (11) Far more study abroad must take place in developing 
     countries. Ninety-five percent of the world's population 
     growth over the next 50 years will occur outside of Europe. 
     Yet in the academic year 2004-2005, 60 percent of United 
     States students studying abroad studied in Europe, and 45 
     percent studied in four countries--the United Kingdom, Italy, 
     Spain, and France--according to the Institute of 
     International Education.
       (12) The Final Report of the National Commission on 
     Terrorist Attacks Upon the United States (The 9/11 Commission 
     Report) recommended that the United States increase support 
     for ``scholarship, exchange, and library programs''. The 9/11 
     Public Discourse Project, successor to the 9/11 Commission, 
     noted in its November 14, 2005, status report that this 
     recommendation was ``unfulfilled,'' and stated that ``[t]he 
     U.S. should increase support for scholarship and exchange 
     programs, our most powerful tool to shape attitudes over the 
     course of a generation.''. In its December 5, 2005, Final 
     Report on the 9/11 Commission Recommendations, the 9/11 
     Public Discourse Project gave the government a grade of ``D'' 
     for its implementation of this recommendation.
       (13) Investing in a national study abroad program would 
     help turn a grade of ``D'' into an ``A'' by equipping United 
     States students to communicate United States values and way 
     of life through the unique dialogue that takes place among 
     citizens from around the world when individuals study abroad.
       (14) An enhanced national study abroad program could help 
     further the goals of other United States Government 
     initiatives to promote educational, social, and political 
     reform and the status of women in developing and reforming 
     societies around the world, such as the Middle East 
     Partnership Initiative.
       (15) To complement such worthwhile Federal programs and 
     initiatives as the Benjamin A. Gilman International 
     Scholarship Program, the National Security Education Program, 
     and the National Security Language Initiative, a broad-based 
     undergraduate study abroad program is needed that will make 
     many more study abroad opportunities accessible to all 
     undergraduate students, regardless of their field of study, 
     ethnicity, socio-economic status, or gender.
       (16) To restore America's standing in the world, President 
     Barack Obama has said that he will call on our nation's 
     greatest resource, our people, to reach out to and engage 
     with other nations.

     SEC. 3. PURPOSES.

       The purposes of this Act are--
       (1) to significantly enhance the global competitiveness and 
     international knowledge base of the United States by ensuring 
     that more United States students have the opportunity to 
     acquire foreign language skills and international knowledge 
     through significantly expanded study abroad;
       (2) to enhance the foreign policy capacity of the United 
     States by significantly expanding and diversifying the talent 
     pool of individuals with non-traditional foreign language 
     skills and cultural knowledge in the United States who are 
     available for recruitment by United States foreign affairs 
     agencies, legislative branch agencies, and nongovernmental 
     organizations involved in foreign affairs activities;
       (3) to ensure that an increasing portion of study abroad by 
     United States students will take place in nontraditional 
     study abroad destinations such as the People's Republic of 
     China, countries of the Middle East region, and developing 
     countries; and
       (4) to create greater cultural understanding of the United 
     States by exposing foreign students and their families to 
     United States students in countries that have not 
     traditionally hosted large numbers of United States students.

     SEC. 4. DEFINITIONS.

       In this Act:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives; and
       (B) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate.
       (2) Board.--The term ``Board'' means the Board of Directors 
     of the Foundation established pursuant to section 5(d).
       (3) Chief executive officer.--The term ``Chief Executive 
     Officer'' means the chief executive officer of the Foundation 
     appointed pursuant to section 5(c).
       (4) Foundation.--The term ``Foundation'' means the Senator 
     Paul Simon Study Abroad Foundation established by section 
     5(a).
       (5) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)).
       (6) National of the united states.--The term ``national of 
     the United States'' means a national of the United States or 
     an alien lawfully admitted for permanent residence (as those 
     terms are defined in section 101 of the Immigration and 
     Nationality Act (8 U.S.C. 1101)).
       (7) Nontraditional study abroad destination.--The term 
     ``nontraditional study abroad destination'' means a location 
     that is determined by the Foundation to be a less common 
     destination for United States students who study abroad.
       (8) Study abroad.--The term ``study abroad'' means an 
     educational program of study, work, research, internship, or 
     combination thereof that is conducted outside the United 
     States and that carries academic credit toward fulfilling the 
     participating student's degree requirements.
       (9) United states.--The term ``United States'' means any of 
     the several States, the District of Columbia, Puerto Rico, 
     the Northern Mariana Islands, the Virgin Islands, Guam, 
     American Samoa, and any other territory or possession of the 
     United States.
       (10) United states student.--The term ``United States 
     student'' means a national of the United States who is 
     enrolled at an institution of higher education located within 
     the United States.

     SEC. 5. ESTABLISHMENT AND MANAGEMENT OF THE SENATOR PAUL 
                   SIMON STUDY ABROAD FOUNDATION.

       (a) Establishment.--
       (1) In general.--There is established in the executive 
     branch a corporation to be known as the ``Senator Paul Simon 
     Study Abroad Foundation'' that shall be responsible for 
     carrying out this Act. The Foundation shall be a government 
     corporation, as defined in section 103 of title 5, United 
     States Code.
       (2) Board of directors.--The Foundation shall be governed 
     by a Board of Directors in accordance with subsection (d).
       (3) Intent of congress.--It is the intent of Congress in 
     establishing the structure of the Foundation set forth in 
     this subsection to create an entity that will administer a 
     study abroad program that--
       (A) serves the long-term foreign policy and national 
     security needs of the United States; but
       (B) operates independently of short-term political and 
     foreign policy considerations.
       (b) Mandate of Foundation.--In administering the program 
     referred to in subsection (a)(3), the Foundation shall--
       (1) promote the objectives and purposes of this Act;

[[Page 5551]]

       (2) through responsive, flexible grant-making, promote 
     access to study abroad opportunities by United States 
     students at diverse institutions of higher education, 
     including two-year institutions, minority-serving 
     institutions, and institutions that serve nontraditional 
     students;
       (3) through creative grant-making, promote access to study 
     abroad opportunities by diverse United States students, 
     including minority students, students of limited financial 
     means, and nontraditional students;
       (4) solicit funds from the private sector to supplement 
     funds made available under this Act; and
       (5) minimize administrative costs and maximize the 
     availability of funds for grants under this Act.
       (c) Chief Executive Officer.--
       (1) In general.--There shall be in the Foundation a Chief 
     Executive Officer who shall be responsible for the management 
     of the Foundation.
       (2) Appointment.--The Chief Executive Officer shall be 
     appointed by the Board and shall be a recognized leader in 
     higher education, business, or foreign policy, chosen on the 
     basis of a rigorous search.
       (3) Relationship to board.--The Chief Executive Officer 
     shall report to and be under the direct authority of the 
     Board.
       (4) Compensation and rank.--
       (A) In general.--The Chief Executive Officer shall be 
     compensated at the rate provided for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code.
       (B) Amendment.--Section 5315 of title 5, United States 
     Code, is amended by adding at the end the following:
       ``Chief Executive Officer, Senator Paul Simon Study Abroad 
     Foundation.''.
       (5) Authorities and duties.--The Chief Executive Officer 
     shall be responsible for the management of the Foundation and 
     shall exercise the powers and discharge the duties of the 
     Foundation.
       (6) Authority to appoint officers.--In consultation and 
     with approval of the Board, the Chief Executive Officer shall 
     appoint all officers of the Foundation.
       (d) Board of Directors.--
       (1) Establishment.--There shall be in the Foundation a 
     Board of Directors.
       (2) Duties.--The Board shall perform the functions 
     specified to be carried out by the Board in this Act and may 
     prescribe, amend, and repeal bylaws, rules, regulations, and 
     procedures governing the manner in which the business of the 
     Foundation may be conducted and in which the powers granted 
     to it by law may be exercised.
       (3) Membership.--The Board shall consist of--
       (A) the Secretary of State (or the Secretary's designee), 
     the Secretary of Education (or the Secretary's designee), the 
     Secretary of Defense (or the Secretary's designee), and the 
     Administrator of the United States Agency for International 
     Development (or the Administrator's designee); and
       (B) five other individuals with relevant experience in 
     matters relating to study abroad (such as individuals who 
     represent institutions of higher education, business 
     organizations, foreign policy organizations, or other 
     relevant organizations) who shall be appointed by the 
     President, by and with the advice and consent of the Senate, 
     of which--
       (i) one individual shall be appointed from among a list of 
     individuals submitted by the majority leader of the House of 
     Representatives;
       (ii) one individual shall be appointed from among a list of 
     individuals submitted by the minority leader of the House of 
     Representatives;
       (iii) one individual shall be appointed from among a list 
     of individuals submitted by the majority leader of the 
     Senate; and
       (iv) one individual shall be appointed from among a list of 
     individuals submitted by the minority leader of the Senate.
       (4) Chief executive officer.--The Chief Executive Officer 
     of the Foundation shall serve as a nonvoting, ex officio 
     member of the Board.
       (5) Terms.--
       (A) Officers of the federal government.--Each member of the 
     Board described in paragraph (3)(A) shall serve for a term 
     that is concurrent with the term of service of the 
     individual's position as an officer within the other Federal 
     department or agency.
       (B) Other members.--Each member of the Board described in 
     paragraph (3)(B) shall be appointed for a term of 3 years and 
     may be reappointed for one additional 3 year term.
       (C) Vacancies.--A vacancy in the Board shall be filled in 
     the manner in which the original appointment was made.
       (6) Chairperson.--There shall be a Chairperson of the 
     Board. The Secretary of State (or the Secretary's designee) 
     shall serve as the Chairperson.
       (7) Quorum.--A majority of the members of the Board 
     described in paragraph (3) shall constitute a quorum, which, 
     except with respect to a meeting of the Board during the 135-
     day period beginning on the date of the enactment of this 
     Act, shall include at least one member of the Board described 
     in paragraph (3)(B).
       (8) Meetings.--The Board shall meet at the call of the 
     Chairperson.
       (9) Compensation.--
       (A) Officers of the federal government.--
       (i) In general.--A member of the Board described in 
     paragraph (3)(A) may not receive additional pay, allowances, 
     or benefits by reason of the member's service on the Board.
       (ii) Travel expenses.--Each such member of the Board shall 
     receive travel expenses, including per diem in lieu of 
     subsistence, in accordance with applicable provisions under 
     subchapter I of chapter 57 of title 5, United States Code.
       (B) Other members.--
       (i) In general.--Except as provided in clause (ii), a 
     member of the Board described in paragraph (3)(B) while away 
     from the member's home or regular place of business on 
     necessary travel in the actual performance of duties as a 
     member of the Board, shall be paid per diem, travel, and 
     transportation expenses in the same manner as is provided 
     under subchapter I of chapter 57 of title 5, United States 
     Code.
       (ii) Limitation.--A member of the Board may not be paid 
     compensation under clause (i) for more than 90 days in any 
     calendar year.

     SEC. 6. ESTABLISHMENT AND OPERATION OF PROGRAM.

       (a) Establishment of the Program.--There is hereby 
     established a program, which shall--
       (1) be administered by the Foundation; and
       (2) award grants to--
       (A) United States students for study abroad;
       (B) nongovernmental institutions that provide and promote 
     study abroad opportunities for United States students, in 
     consortium with institutions described in subparagraph (C); 
     and
       (C) institutions of higher education, individually or in 
     consortium,

     in order to accomplish the objectives set forth in subsection 
     (b).
       (b) Objectives.--The objectives of the program established 
     under subsection (a) are that, within 10 years of the date of 
     the enactment of this Act--
       (1) not less than 1,000,000 undergraduate United States 
     students will study abroad annually for credit;
       (2) the demographics of study-abroad participation will 
     reflect the demographics of the United States undergraduate 
     population, including students enrolled in community 
     colleges, minority-serving institutions, and institutions 
     serving large numbers of low-income and first-generation 
     students; and
       (3) an increasing portion of study abroad will take place 
     in nontraditional study abroad destinations, with a 
     substantial portion of such increases taking place in 
     developing countries.
       (c) Mandate of the Program.--In order to accomplish the 
     objectives set forth in subsection (b), the Foundation shall, 
     in administering the program established under subsection 
     (a), take fully into account the recommendations of the 
     Commission on the Abraham Lincoln Study Abroad Fellowship 
     Program (established pursuant to section 104 of the 
     Miscellaneous Appropriations and Offsets Act, 2004 (division 
     H of Public Law 108-199)).
       (d) Structure of Grants.--
       (1) Promoting reform.--In accordance with the 
     recommendations of the Commission on the Abraham Lincoln 
     Study Abroad Fellowship Program, grants awarded under the 
     program established under subsection (a) shall be structured 
     to the maximum extent practicable to promote appropriate 
     reforms in institutions of higher education in order to 
     remove barriers to participation by students in study abroad.
       (2) Grants to individuals and institutions.--It is the 
     sense of Congress that--
       (A) the Foundation should award not more than 25 percent of 
     the funds awarded as grants to individuals described in 
     subparagraph (A) of subsection (a)(2) and not less than 75 
     percent of such funds to institutions described in 
     subparagraphs (B) and (C) of such subsection; and
       (B) the Foundation should ensure that not less than 85 
     percent of the amount awarded to such institutions is used to 
     award scholarships to students.
       (e) Balance of Long-Term and Short-Term Study Abroad 
     Programs.--In administering the program established under 
     subsection (a), the Foundation shall seek an appropriate 
     balance between--
       (1) longer-term study abroad programs, which maximize 
     foreign-language learning and intercultural understanding; 
     and
       (2) shorter-term study abroad programs, which maximize the 
     accessibility of study abroad to nontraditional students.
       (f) Quality and Safety in Study Abroad.--In administering 
     the program established under subsection (a), the Foundation 
     shall require that institutions receiving grants demonstrate 
     that--
       (1) the study abroad programs for which students receive 
     grant funds are for academic credit; and
       (2) the programs have established health and safety 
     guidelines and procedures.

     SEC. 7. ANNUAL REPORT.

       (a) Report Required.--Not later than December 15, 2010, and 
     each December 15 thereafter, the Foundation shall submit to 
     the appropriate congressional committees a report on the 
     implementation of this Act during the prior fiscal year.

[[Page 5552]]

       (b) Contents.--The report required by subsection (a) shall 
     include--
       (1) the total financial resources available to the 
     Foundation during the year, including appropriated funds, the 
     value and source of any gifts or donations accepted pursuant 
     to section 8(a)(6), and any other resources;
       (2) a description of the Board's policy priorities for the 
     year and the bases upon which grant proposals were solicited 
     and awarded to institutions of higher education, 
     nongovernmental institutions, and consortiums pursuant to 
     section 6(a)(2)(B) and 6(a)(2)(C);
       (3) a list of grants made to institutions of higher 
     education, nongovernmental institutions, and consortiums 
     pursuant to section 6(a)(2)(B) and 6(a)(2)(C) that includes 
     the identity of the institutional recipient, the dollar 
     amount, the estimated number of study abroad opportunities 
     provided to United States students by each grant, the amount 
     of the grant used by each institution for administrative 
     expenses, and information on cost-sharing by each institution 
     receiving a grant;
       (4) a description of the bases upon which the Foundation 
     made grants directly to United States students pursuant to 
     section 6(a)(2)(A);
       (5) the number and total dollar amount of grants made 
     directly to United States students by the Foundation pursuant 
     to section 6(a)(2)(A); and
       (6) the total administrative and operating expenses of the 
     Foundation for the year, as well as specific information on--
       (A) the number of Foundation employees and the cost of 
     compensation for Board members, Foundation employees, and 
     personal service contractors;
       (B) costs associated with securing the use of real property 
     for carrying out the functions of the Foundation;
       (C) total travel expenses incurred by Board members and 
     Foundation employees in connection with Foundation 
     activities; and
       (D) total representational expenses.

     SEC. 8. POWERS OF THE FOUNDATION; RELATED PROVISIONS.

       (a) Powers.--The Foundation--
       (1) shall have perpetual succession unless dissolved by a 
     law enacted after the date of the enactment of this Act;
       (2) may adopt, alter, and use a seal, which shall be 
     judicially noticed;
       (3) may make and perform such contracts, grants, and other 
     agreements with any person or government however designated 
     and wherever situated, as may be necessary for carrying out 
     the functions of the Foundation;
       (4) may determine and prescribe the manner in which its 
     obligations shall be incurred and its expenses allowed and 
     paid, including expenses for representation;
       (5) may lease, purchase, or otherwise acquire, improve, and 
     use such real property wherever situated, as may be necessary 
     for carrying out the functions of the Foundation;
       (6) may accept cash gifts or donations of services or of 
     property (real, personal, or mixed), tangible or intangible, 
     for the purpose of carrying out the provisions of this Act;
       (7) may use the United States mails in the same manner and 
     on the same conditions as the executive departments;
       (8) may contract with individuals for personal services, 
     who shall not be considered Federal employees for any 
     provision of law administered by the Office of Personnel 
     Management;
       (9) may hire or obtain passenger motor vehicles; and
       (10) shall have such other powers as may be necessary and 
     incident to carrying out this Act.
       (b) Principal Office.--The Foundation shall maintain its 
     principal office in the metropolitan area of Washington, 
     District of Columbia.
       (c) Applicability of Government Corporation Control Act.--
       (1) In general.--The Foundation shall be subject to chapter 
     91 of subtitle VI of title 31, United States Code, except 
     that the Foundation shall not be authorized to issue 
     obligations or offer obligations to the public.
       (2) Conforming amendment.--Section 9101(3) of title 31, 
     United States Code, is amended by adding at the end the 
     following:
       ``(S) the Senator Paul Simon Study Abroad Foundation.''.
       (d) Inspector General.--
       (1) In general.--The Inspector General of the Department of 
     State shall serve as Inspector General of the Foundation, 
     and, in acting in such capacity, may conduct reviews, 
     investigations, and inspections of all aspects of the 
     operations and activities of the Foundation.
       (2) Authority of the board.--In carrying out the 
     responsibilities under this subsection, the Inspector General 
     shall report to and be under the general supervision of the 
     Board.
       (3) Reimbursement and authorization of services.--
       (A) Reimbursement.--The Foundation shall reimburse the 
     Department of State for all expenses incurred by the 
     Inspector General in connection with the Inspector General's 
     responsibilities under this subsection.
       (B) Authorization for services.--Of the amount authorized 
     to be appropriated under section 11(a) for a fiscal year, up 
     to $2,000,000 is authorized to be made available to the 
     Inspector General of the Department of State to conduct 
     reviews, investigations, and inspections of operations and 
     activities of the Foundation.

     SEC. 9. GENERAL PERSONNEL AUTHORITIES.

       (a) Detail of Personnel.--Upon request of the Chief 
     Executive Officer, the head of an agency may detail any 
     employee of such agency to the Foundation on a reimbursable 
     basis. Any employee so detailed remains, for the purpose of 
     preserving such employee's allowances, privileges, rights, 
     seniority, and other benefits, an employee of the agency from 
     which detailed.
       (b) Reemployment Rights.--
       (1) In general.--An employee of an agency who is serving 
     under a career or career conditional appointment (or the 
     equivalent), and who, with the consent of the head of such 
     agency, transfers to the Foundation, is entitled to be 
     reemployed in such employee's former position or a position 
     of like seniority, status, and pay in such agency, if such 
     employee--
       (A) is separated from the Foundation for any reason, other 
     than misconduct, neglect of duty, or malfeasance; and
       (B) applies for reemployment not later than 90 days after 
     the date of separation from the Foundation.
       (2) Specific rights.--An employee who satisfies paragraph 
     (1) is entitled to be reemployed (in accordance with such 
     paragraph) within 30 days after applying for reemployment 
     and, on reemployment, is entitled to at least the rate of 
     basic pay to which such employee would have been entitled had 
     such employee never transferred.
       (c) Hiring Authority.--Of persons employed by the 
     Foundation, not to exceed 20 persons may be appointed, 
     compensated, or removed without regard to the civil service 
     laws and regulations.
       (d) Basic Pay.--The Chief Executive Officer may fix the 
     rate of basic pay of employees of the Foundation without 
     regard to the provisions of chapter 51 of title 5, United 
     States Code (relating to the classification of positions), 
     subchapter III of chapter 53 of such title (relating to 
     General Schedule pay rates), except that no employee of the 
     Foundation may receive a rate of basic pay that exceeds the 
     rate for level IV of the Executive Schedule under section 
     5315 of such title.
       (e) Definitions.--In this section--
       (1) the term ``agency'' means an executive agency, as 
     defined by section 105 of title 5, United States Code; and
       (2) the term ``detail'' means the assignment or loan of an 
     employee, without a change of position, from the agency by 
     which such employee is employed to the Foundation.

     SEC. 10. GAO REVIEW.

       (a) Review Required.--Not later than two years after the 
     date of the enactment of this Act, the Comptroller General of 
     the United States shall commence a review of the operations 
     of the Foundation.
       (b) Content.--In conducting the review required under 
     subsection (a), the Comptroller General shall analyze--
       (1) whether the Foundation is organized and operating in a 
     manner that will permit it to fulfill the purposes of this 
     section, as set forth in section 3;
       (2) the degree to which the Foundation is operating 
     efficiently and in a manner consistent with the requirements 
     of paragraphs (4) and (5) of section 5(b);
       (3) whether grantmaking by the Foundation is being 
     undertaken in a manner consistent with subsections (d), (e), 
     and (f) of section 6;
       (4) the extent to which the Foundation is using best 
     practices in the implementation of this Act and the 
     administration of the program described in section 6; and
       (5) other relevant matters, as determined by the 
     Comptroller General, after consultation with the appropriate 
     congressional committees.
       (c) Report Required.--The Comptroller General shall submit 
     a report on the results of the review conducted under 
     subsection (a) to the Secretary of State (in the capacity of 
     the Secretary as Chairperson of the Board of the Foundation) 
     and to the appropriate congressional committees.

     SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     carry out this Act $80,000,000 for fiscal year 2010 and each 
     subsequent fiscal year.
       (2) Amounts in addition to other available amounts.--
     Amounts authorized to be appropriated by paragraph (1) are in 
     addition to amounts authorized to be appropriated or 
     otherwise made available for educational exchange programs, 
     including the J. William Fulbright Educational Exchange 
     Program and the Benjamin A. Gilman International Scholarship 
     Program, administered by the Bureau of Educational and 
     Cultural Affairs of the Department of State.
       (b) Allocation of Funds.--
       (1) In general.--The Foundation may allocate or transfer to 
     any agency of the United States Government any of the funds 
     available for carrying out this Act. Such funds shall be 
     available for obligation and expenditure for the purposes for 
     which the funds were authorized, in accordance with authority 
     granted in this Act or under authority

[[Page 5553]]

     governing the activities of the United States Government 
     agency to which such funds are allocated or transferred.
       (2) Notification.--The Foundation shall notify the 
     appropriate congressional committees not less than 15 days 
     prior to an allocation or transfer of funds pursuant to 
     paragraph (1).
                                 ______
                                 
      By Mr. GRASSLEY (for himself and Mrs. McCaskill):
  S. 474. A bill to amend the Congressional Accountability Act of 1995 
to apply whistleblower protections available to certain executive 
branch employees to legislative branch employees, and for other 
purposes; to the Committee on Homeland Security and Governmental 
Affairs.
  Mr. GRASSLEY. Mr. President, I come to introduce another bill as part 
of my Accountability in Government Week. Yesterday I introduced the 
False Claims Act Clarification Act to help restore the original intent 
of the most successful law the Government utilizes to protect 
taxpayers' dollars from fraud, waste, and abuse.
  One key component I added to the False Claims Act when it was amended 
in 1986 was allowing whistleblowers to file cases on behalf of the 
Government when they are aware of fraud or abuse of taxpayers' funds. 
Whistleblowers are the key to unlocking the secrets of wrongdoing 
because they have access to information about how the frauds were 
perpetrated and can help lead authorities in the right direction to 
uncover the fraud. However, for their brave efforts whistleblowers are 
often the victims of retaliation and are removed from their jobs by 
supervisors who do not want the wrongdoing uncovered.
  I have often said whistleblowers were as welcome as skunks at a 
picnic, despite the fact that all they do is bring forward the truth. 
This is wrong. That is why I have supported strong whistleblower 
protection laws during my time in the Congress.
  The landmark whistleblower law is the Whistleblower Protection Act of 
1989--I believe is the year it was passed--providing rights and 
remedies to executive branch whistleblowers who are the victims of 
retaliation. I proudly cosponsored that bill. But like many laws that 
are 20 years old, it needs to be updated. So I have cosponsored 
legislation introduced by Democratic Senator Akaka to do just that. 
However, that law also needs to be extended to employees of the 
legislative and judicial branches of Government. So I come today to 
start the discussion and to introduce legislation that will provide the 
same whistleblower protection rights currently extended to executive 
branch employees to the legislative branch.
  I am pleased to be joined by Senator McCaskill in introducing the 
Congressional Whistleblower Protection Act of 2009. This important 
legislation simply adds whistleblower protections to the legislative 
branch by incorporating the Whistleblower Protection Act into the 
Congressional Accountability Act of 1995, a law that I authored to 
bring Congress in line with many labor and workplace practices that 
affected businesses around the country because I have long believed 
Congress should practice what it preaches. This legislation will do 
just that.
  You might remember the Congressional Accountability Act was passed 
because, going back to the 1930s, Congress had exempted itself from a 
lot of employment laws because we individual Senators are employers, 
the Congress is an employer, but we exempted ourselves from, I think, 
18, 19 different laws at that particular time.
  So in 1995 I wanted to end the proposition of why we had two sets of 
laws in this country--one for Capitol Hill and one for the rest of the 
country. Now, since 1995, we have one set of laws, but we do not have 
the whistleblower protections that ought to be in it.
  A theme that has dominated this new Congress, as well as dominated 
the campaign of last fall, is accountability and responsibility in 
Washington. In most instances, the only reason we discovered waste or 
fraud is because employees were brave enough to stand up to the 
wrongdoers and to expose the offenses. Without these whistleblowers, 
the American taxpayer would continue to foot a bill that might be a 
violation of law, might be fraudulent use of taxpayers' money, might 
just be a waste of taxpayer money. Either way, taxpayers are hurt.
  This bill is long overdue. I have previously introduced similar 
legislation, but, unfortunately, those bills were never brought out of 
committee. I hope the Homeland Security and Government Affairs 
Committee, of which the chairman is on the Senate floor--I did not know 
the Senator would be so available for me to preach to him. I hope the 
Homeland Security and Governmental Affairs Committee will examine this 
legislation and will closely and expeditiously report it to the full 
Senate so we can ensure employees of the legislative branch that they 
are protected from any reprisals relating to protected whistleblowing 
the same way as executive branch employees.
  Now, it has been a number of years since the Congressional 
Accountability Act was signed into law. So I would like to remind my 
colleagues why we passed that law. It was a time very similar to today. 
The American people were demanding more from their elected officials in 
Washington and wanted accountability and transparency in all branches 
of Government. I believed then, as I do now, that Congress needs to put 
its money where its mouth is and apply the various labor and employment 
laws that were enforced on other branches of Government and businesses 
all across the country.
  That is what the Congressional Accountability Act did. It applied a 
number of important laws to Congress, including the Fair Labor 
Standards Act, title VII, the Civil Rights Act, the Americans With 
Disabilities Act, the Age Discrimination in Employment Act, Family 
Medical Leave Act, the Occupational Safety and Health Act, Employee 
Polygraph Protection Act, Worker Adjustment and Retraining Notification 
Act, the Rehabilitation Act, as well as some provisions of title V 
relating to Federal service labor-management relations. It also created 
the Office of Compliance of the legislative branch that oversees the 
application of these important laws to this branch of Government and 
ensures that employees' rights under these laws are protected.
  While the Congressional Accountability Act was a good start, the 
Office of Compliance has recommended additional laws be applied to the 
legislative branch, including the purpose of my bill, the Whistleblower 
Protection Act.
  We have already taken the steps to protect whistleblowers in the 
executive branch, so it does not make sense not to extend those same 
protections to whistleblowers working right here in our own backyard on 
Capitol Hill. My bill will, very simply, give congressional employees 
the same protections that workers of other branches of Government have. 
It does this by simply adding the Whistleblower Protection Act to the 
preexisting list of statutes that are applied to the legislative branch 
by the Congressional Accountability Act.
  This is a straightforward and simple solution to ensuring that 
employees of the legislative branch are not without vital whistleblower 
protections. So I ask, in closing, that my colleagues join me and 
Senator McCaskill in supporting this bill to ensure that those who help 
us in the fight to hold Government accountable are not punished for 
those efforts.
                                 ______
                                 
      By Ms. SNOWE (for herself and Mr. Whitehouse):
  S. 481. A bill to authorize additional Federal Bureau of 
Investigation field agents to investigate financial crimes; to the 
Committee on the Judiciary.
  Ms. SNOWE. Mr. President, I rise to introduce a bill with Senator 
Whitehouse to extend the reach of the Federal Bureau of Investigation 
into financial crimes that may have helped precipitate last year's 
economic meltdown.
  We must investigate and scrutinize this financial crisis as we would 
a terrorist attack in order to determine its causes and how to preempt 
another economic collapse in the United States.
  Following the September 11 attacks, the FBI redirected approximately 
1,000 agents to counterterrorism and counterintelligence activities. 
Without a

[[Page 5554]]

doubt, there is no argument that our country has benefitted from the 
dedicated efforts of the men and women of the FBI who are performing 
this valuable work.
  Over a 10-year period, from fiscal year 1999 to fiscal year 2008, 
Congress has increased direct appropriations for the FBI from $2.993 
billion and 26,693 positions to $6.658 billion--122 percent increase--
and 30,211 positions--13 percent increase. Most of these new resources 
were provided in the wake of the September 11 terrorist attacks, as the 
FBI redirected its resources toward combating domestic and 
international terrorism by improving its intelligence gathering and 
processing capabilities. As a consequence, for fiscal year 2008, about 
60 percent of FBI funding and staffing is allocated to national 
security programs, including counterterrorism and counterintelligence.
  In view of the breadth and severity of the economic crisis brought on 
by events in U.S. financial markets, however, I am very concerned that 
criminal wrongdoing may have played a significant role in crippling 
some of America's largest companies. Criminal activity, such as fraud, 
misrepresentation, self-dealing, and insider trading may have 
instigated or exacerbated the financial industry upheaval of 2008-2009.
  In order to augment FBI investigations of financial crimes, the FBI 
Priorities Act of 2009 authorizes $150 million for each of the fiscal 
years 2010 through 2014 to fund approximately 1,000 Federal Bureau of 
Investigation field agents in addition to the number of field agents 
serving on the date of enactment. It is my hope that this extra 
manpower will enable the FBI to develop leads on unlawful actions, dig 
deeply into those leads, and bring responsible parties to justice. The 
American public deserves no less.
                                 ______
                                 
      By Mr. FEINGOLD (for himself, Mr. Cochran, Mr. Schumer, Mr. 
        Bennett, Mrs. Feinstein, Mr. McCain, Mr. Durbin, Mr. Alexander, 
        Mr. Reid, Mr. Lugar, Mr. Lieberman, Mr. Isakson, Mr. Dodd, Mr. 
        Grassley, Mr. Leahy, Mr. Levin, Mr. Kerry, Mr. Akaka, Mr. 
        Harkin, Mr. Nelson of Nebraska, Mr. Reed, Mr. Rockefeller, Mr. 
        Bingaman, Mr. Brown, and Mr. Cardin):
  S. 482. A bill to require Senate candidates to file designations, 
statements, and reports in electronic form; read the first time.
  Mr. FEINGOLD. Mr. President, today I will once again introduce with 
the senior Senator from Mississippi, Mr. Cochran, the Senate Campaign 
Disclosure Parity Act, a bill to require that Senate candidates file 
their campaign finance disclosure reports electronically and that those 
reports be promptly made available to the public. This step is long 
overdue; indeed I first introduced this bill in 2003. I hope that the 
Senate will act quickly on this legislation this year.
  A series of reports by the Campaign Finance Institute has highlighted 
the anomaly in the election laws that makes it nearly impossible for 
the public to get access to Senate campaign finance reports while most 
other reports are available on the Internet within 24 hours of their 
filing with the Federal Election Commission, FEC. The Campaign Finance 
Institute asks a rhetorical question: ``What makes the Senate so 
special that it exempts itself from a key requirement of campaign 
finance disclosure that applies to everyone else, including candidates 
for the House of Representatives and Political Action Committees?''
  The answer, of course, is nothing. The U.S. Senate is special in many 
ways. I am proud to serve here. But there is no excuse for keeping our 
campaign finance information inaccessible to the public when the 
information filed by House candidates or others is readily available.
  My bill amends the section of the election laws dealing with 
electronic filing to require reports filed with the Secretary of the 
Senate to be filed electronically and forwarded to the FEC within 24 
hours. The FEC is required to make available on the Internet within 24 
hours any filing it receives electronically. So if this bill is 
enacted, electronic versions of Senate reports should be available to 
the public within 48 hours of their filing. That will be a vast 
improvement over the current situation, which, according to the 
Campaign Finance Institute, requires journalists and interested members 
of the public to review computer images of paper-filed copies of 
reports, and involves a completely wasteful expenditure of hundreds of 
thousands of dollars to re-enter information into databases that almost 
every campaign has available in electronic format.
  The current filing system also means that the detailed coding that 
the FEC does, which allows for more sophisticated searches and 
analysis, is completed over a week later for Senate reports than for 
House reports. This means that the final disclosure reports covering 
the first two weeks of October are often not susceptible to detailed 
scrutiny before the election. According to the Campaign Finance 
Institute, in the 2006 election, ``[v]oters in six of the hottest 
Senate races were out of luck the week before the November 7 election 
if they did Web searches for information on general election 
contributions since June 30. . . . In all ten of the most closely 
followed Senate races voters were unable to search through any 
candidate reports for information on pre-general election (October 1-
18) donations.'' And a September 18, 2006, column by Jeffery H. 
Birnbaum in the Washington Post noted that ``When the polls opened in 
November 2004, voters were in the dark about $53 million in individual 
Senate contributions of $200 or more dating all the way back to July. . 
. .''
  Because the Senate failed to pass this bill last Congress, even 
though we had 48 bipartisan cosponsors and no known opposition, and 
even though the Senate Rules Committee reported the bill by voice vote, 
the same problem existed for Senate elections in the 2008 cycle. In 
addition, because of the expense, when the FEC puts information from 
the paper filings in its electronic database, it only enters 
contributions, not expenditures. So anyone interested in how a Senate 
campaign is spending its money has to consult the paper forms.
  As Roll Call said in its recent editorial in favor of the bill, 
``[i]t's time for this nonsense to come to an end.'' It is time for the 
Senate to at long last relinquish its backward attitude toward campaign 
finance disclosure. I urge the enactment of this simple bill that will 
make our reports subject to the same prompt, public scrutiny as those 
filed by PACs, House and Presidential candidates, and even 527 
organizations. I close with another question from the Campaign Finance 
Institute: ``Isn't it time that the Senate join the 21st century and 
allow itself to vote on a simple legislative fix that could 
significantly improve our democracy?'' This Congress, let us finally 
answer that question in the affirmative.
  Mr. President, I ask unanimous consent that an editorial be printed 
in the Record.
  There being no objection, the material was ordered as follows:

                    [From Roll Call, Feb. 11, 2009]

                               Outrageous

       In this year when ``transparency'' is all the rage, it 
     would be appropriate for the Senate--at long last--to join 
     the House and every federal political committee in filing 
     campaign finance reports electronically.
       Fundraising and spending reports for the end of 2008 were 
     due on Jan. 31. Reports for House Members and candidates and 
     the Republican and Democratic parties and their campaign 
     committees all were instantly available to the media, 
     watchdog groups and the public on the Federal Election 
     Commission's Web site.
       But Senate reports take weeks from the filing deadline to 
     make it into the public realm. And when they are made 
     available, it's at the conclusion of a circuitous process 
     that costs taxpayers an estimated $250,000 a year that could 
     be far better spent elsewhere--almost anywhere else--or 
     simply used to narrow the federal deficit.
       Moreover, because of the expense, the FEC does not 
     electronically post Senate campaign expenditures, only 
     contributions--a gap that Steve Weissman of the Campaign 
     Finance Institute correctly calls ``outrageous.''
       Senators use FEC-approved software to compile their 
     reports, but then they snail-mail paper copies to the office 
     of the Secretary of the Senate, which then scans some

[[Page 5555]]

     27,000 pages and sends them electronically to the FEC.
       They can be then combed through page by page on the FEC Web 
     site, but not digitally manipulated or matched. The FEC hires 
     a contractor to key the data into digital form. Only then, a 
     month or more after the filing deadline, can the data be 
     searched and connections made, if any, between money 
     collected and votes or positions Senators or their opponents 
     have taken.
       But it still takes page-by-page searching to review 
     candidates' spending--to determine, for instance, if 
     candidates' relatives are on the campaign payroll.
       All this ridiculous complexity is necessary because in 2000 
     the Senate exempted itself from an electronic filing 
     requirement written into the FEC's appropriation. Legislation 
     to correct the situation has been regularly introduced by 
     Sen. Russ Feingold (D-Wis.), and it's regularly had dozens of 
     co-sponsors.
       But it's never passed. Change was resisted at first by Sen. 
     Robert Byrd (D-W.Va.), who wanted to maintain a fusty Senate 
     ``prerogative,'' and then by various Republican Senators who 
     wanted to attach amendments that amounted to ``poison 
     pills.''
       Last year, the Senate Rules and Administration Committee 
     approved the bill for floor action, but it was blocked by 
     Sen. John Ensign (R-Nev.) who sought to add a provision 
     requiring disclosure of the donors to any organization filing 
     ethics complaints against a Senator. The bill never was voted 
     on.
       It's time for this nonsense to come to an end. Feingold is 
     planning to re-introduce the measure soon. It ought to be 
     processed promptly by the Rules Committee, now chaired by 
     Sen. Charles Schumer (D-N.Y.), and pushed to the floor for 
     passage as early in the year as possible so if it's subject 
     to more shenanigans, they can be exposed and resolved.
                                 ______
                                 
      By Mr. DODD (for himself, Mr. Lieberman, Mrs. Boxer, Mr. Schumer, 
        Mrs. McCaskill, and Mr. Bond):
  S. 483. A bill to require the Secretary of the Treasury to mint coins 
in commemoration of Mark Twain; to the Committee on Banking, Housing, 
and Urban Affairs.
  Mr. DODD. Mr. President, today I am introducing the Mark Twain 
Commemorative Coin Act. I am pleased to be joined by Senators 
Lieberman, Boxer, Schumer, McCaskill, and Bond in cosponsoring this 
legislation, which authorizes the Secretary of the Treasury to mint 
100,000 five-dollar gold coins and 500,000 silver dollar coins in a 
design emblematic of the life and legacy of Mark Twain.
  Samuel L. Clemens, better known by his pen name ``Mark Twain,'' was 
born in 1835 in Florida, Missouri, and died in 1910 while residing in 
my home State of Connecticut. As many of us know from having read his 
works, Twain is an iconic author who has left an indelible mark on our 
Nation's history. Two of his most renowned works, ``The Adventures of 
Tom Sawyer'' and ``Adventures of Huckleberry Finn,'' have become a 
central part of the American literary canon and are still widely read 
in schools and universities across the country. Another enduring work, 
entitled ``The Gilded Age: A Tale of Today,'' satirized the excesses of 
the age during which it was written, and solidified Twain's reputation 
as a fierce but subtle social critic. His writings evoke discussions of 
race, politics, and economic inequality, all issues with which our 
nation continues to struggle as we become a ``more perfect union.''
  This bill will allow the Treasury to mint and issue coins in 
commemoration of Mark Twain's lasting contributions to America's 
literary tradition and cultural heritage. A portion of proceeds from 
surcharges of $35 and $10 applied to each gold and silver coin sold to 
the public will be distributed by the Treasury to support four 
institutions critical to the mission of promoting Mark Twain's legacy: 
The Mark Twain House & Museum in Hartford, CT; the Mark Twain Project 
at the Bancroft Library of the University of California, in Berkeley, 
CA; the Center for Mark Twain Studies at Elmira College, in New York; 
and the Mark Twain Boyhood Home & Museum in Hannibal, MO.
  The Mark Twain House and Museum in Hartford, CT, is a national 
historic landmark. Each year, over 60,000 visitors flock there, many of 
them from outside my home State. This site offers a unique experience 
to all who visit, and serves as a center for educating young and old 
alike about Mark Twain's life and legacy. However, as recent news 
articles have reported, the Mark Twain House and Museum has--not unlike 
many other nonprofit entities across the country in the midst of the 
economic downturn--struggled to cover operating costs solely on private 
donations, and the financial challenges it currently faces are 
substantial. Passing this legislation will help to support the 
continued operation and restoration of the Mark Twain House, and 
promote its goals by honoring Mark Twain with a commemorative coin 
desirable to coin collectors as well as enthusiasts of American history 
and literature.
  Congressman John Larson of Connecticut is introducing companion 
legislation today in the House of Representatives. As a procedural 
matter, the House Financial Services Committee requires no less than 
290 cosponsors for any commemorative coin bill to come under committee 
consideration, and similar cosponsorship rules are in place for the 
Senate Committee on Banking, Housing, and Urban Affairs. Moreover, the 
House adheres to a tradition of interpreting commemorative coin bills 
as ``revenue-raisers'' subject to the origination clause of the U.S. 
Constitution. Passing the Mark Twain Commemorative Coin Act through 
both Houses will require no small amount of effort, but today marks an 
important first step as we put this legislative proposal forward and 
begin to generate broad public support for the effort. Once Congressman 
Larson's companion bill meets the necessary requirements and is adopted 
by the full House, I intend to press it forward here in the Senate.
  The legislation I am introducing will require broad bipartisan 
support to meet the high threshold for commemorative coin legislation 
established by the rules of the Committee on Banking, Housing, and 
Urban Affairs, so I urge my colleagues to cosponsor this legislation 
and join me in supporting the life and legacy of Mark Twain, as well as 
the important places in our Nation that promote further study and 
education on his significant contributions to American history.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 483

       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 ``Mark Twain Commemorative 
     Coin Act''.

     SEC. 2. FINDINGS.

       The Congress finds that--
       (1) Samuel Clemens--better known to the world as Mark 
     Twain--was a unique American voice whose literary work has 
     had a lasting effect on our Nation's history and culture;
       (2) Mark Twain remains one of the best known Americans in 
     the world, with over 6,500 editions of his books translated 
     into 75 languages;
       (3) Mark Twain's literary and educational legacy remains 
     strong even today, with nearly every book he wrote still in 
     print, including ``The Adventures of Tom Sawyer'' and 
     ``Adventures of Huckleberry Finn''--both of which have never 
     gone out of print since they were first published over a 
     century ago;
       (4) in the past 2 decades alone, there have been more than 
     100 books published and over 250 doctoral dissertations 
     written on Mark Twain's life and work;
       (5) even today, Americans seek to know more about the life 
     and work of Mark Twain, as people from around the world and 
     across all 50 States annually flock to National Historic 
     Landmarks like the Mark Twain House & Museum in Hartford, 
     Connecticut and the Mark Twain Boyhood Home & Museum in 
     Hannibal, Missouri; and
       (6) Mark Twain's work is remembered today for addressing 
     the complex social issues facing America at the turn of the 
     century, including the legacy of the Civil War, race 
     relations, and the economic inequalities of the ``Gilded 
     Age''.

     SEC. 3. COIN SPECIFICATIONS.

       (a) Denominations.--The Secretary of the Treasury 
     (hereafter in this Act referred to as the ``Secretary'') 
     shall mint and issue the following coins:
       (1) $5 gold coins.--Not more than 100,000 $5 coins, which 
     shall--
       (A) weigh 8.359 grams;
       (B) have a diameter of 0.850 inches; and
       (C) contain 90 percent gold and 10 percent alloy.

[[Page 5556]]

       (2) $1 silver coins.--Not more than 500,000 $1 coins, which 
     shall--
       (A) weigh 26.73 grams;
       (B) have a diameter of 1.500 inches; and
       (C) contain 90 percent silver and 10 percent copper.
       (b) Legal Tender.--The coins minted under this Act shall be 
     legal tender, as provided in section 5103 of title 31, United 
     States Code.
       (c) Numismatic Items.--For purposes of section 5134 of 
     title 31, United States Code, all coins minted under this Act 
     shall be considered to be numismatic items.

     SEC. 4. DESIGN OF COINS.

       (a) Design Requirements.--
       (1) In general.--The design of the coins minted under this 
     Act shall be emblematic of the life and legacy of Mark Twain.
       (2) Designation and inscriptions.--On each coin minted 
     under this Act there shall be--
       (A) a designation of the value of the coin;
       (B) an inscription of the year ``2013''; and
       (C) inscriptions of the words ``Liberty'', ``In God We 
     Trust'', ``United States of America'', and ``E Pluribus 
     Unum''.
       (b) Selection.--The design for the coins minted under this 
     Act shall be--
       (1) selected by the Secretary, after consultation with the 
     Commission of Fine Arts and the Board of the Mark Twain House 
     & Museum; and
       (2) reviewed by the Citizens Coinage Advisory Committee.

     SEC. 5. ISSUANCE OF COINS.

       (a) Quality of Coins.--Coins minted under this Act shall be 
     issued in uncirculated and proof qualities.
       (b) Mint Facility.--Only 1 facility of the United States 
     Mint may be used to strike any particular quality of the 
     coins minted under this Act.
       (c) Period for Issuance.--The Secretary may issue coins 
     minted under this Act only during the 1-year period beginning 
     on January 1, 2013.

     SEC. 6. SALE OF COINS.

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

     SEC. 7. SURCHARGES.

       (a) In General.--All sales of coins issued under this Act 
     shall include a surcharge of--
       (1) $35 per coin for the $5 coin; and
       (2) $10 per coin for the $1 coin.
       (b) Distribution.--Subject to section 5134(f)(1) of title 
     31, United States Code, all surcharges received by the 
     Secretary from the sale of coins issued under this Act shall 
     be promptly paid by the Secretary as follows:
       (1) \2/5\ of the surcharges, to the Mark Twain House & 
     Museum in Hartford, Connecticut, to support the continued 
     restoration of the Mark Twain house and grounds, and to 
     ensure continuing growth and innovation in museum programming 
     to research, promote, and educate on the legacy of Mark 
     Twain.
       (2) \1/5\ of the surcharges, to the Mark Twain Project at 
     the Bancroft Library of the University of California, 
     Berkeley, California, to support programs to study and 
     promote Mark Twain's legacy.
       (3) \1/5\ of the surcharges, to the Center for Mark Twain 
     Studies at Elmira College, New York, to support programs to 
     study and promote Mark Twain's legacy.
       (4) \1/5\ of the surcharges, to the Mark Twain Boyhood Home 
     & Museum in Hannibal, Missouri, to preserve historical sites 
     related to Mark Twain and to help support programs to study 
     and promote Mark Twain's legacy.
       (c) Audits.--The Comptroller General of the United States 
     shall have the right to examine such books, records, 
     documents, and other data of each of the organizations 
     referred to in paragraphs (1), (2), (3), and (4) of 
     subsection (b) as may be related to the expenditures of 
     amounts paid under such subsection.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself, Ms. Collins, Mr. Durbin, Mr. 
        Kerry, Mr. Brown, Mr. Cardin, Mrs. Boxer, Mrs. Lincoln, Mr. 
        Whitehouse, Mr. Nelson of Florida, and Mr. Menendez):
  S. 484. A bill to amend title II of the Social Security Act to repeal 
the Government pension offset and windfall elimination provisions; to 
the Committee on Finance.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce legislation 
that will help protect the retirement benefits earned by our Nation's 
public service workers.
  I am pleased to be joined by my colleague from Maine, Senator 
Collins, as well as Senators Durbin, Kerry, Brown, Cardin, Boxer, 
Lincoln, Whitehouse, Nelson of Florida, and Menendez.
  This bill will repeal two provisions of the Social Security Act--the 
Government pension offset and the windfall elimination provision--that 
unfairly reduce retirement benefits for teachers, police officers, and 
firefighters.
  These two provisions were originally designed--the Government pension 
offset in 1977 and the windfall elimiantion provision in 1983--to 
prevent public employees from being unduly enriched.
  But, the practical effect is that those providing critical public 
services are unjustly penalized.
  Approximately 1\1/2\ million Federal, State, and municipal workers, 
as well as teachers and other school district employees, are held to a 
different standard when it comes to retirement benefits.
  In California, the problem affects about 200,000 workers.
  The Government pension offset reduces a public employee's Social 
Security spousal or survivor benefits by an amount equal to two-thirds 
of the individual's public pension.
  In most cases, the Government pension offset eliminates the spousal 
benefit for which an individual qualifies. Three quarters of employees 
affected by the Government pension offset lose their entire spousal 
benefit, even though their spouse paid Social Security taxes for many 
years.
  According to the Congressional Research Service, the Government 
pension offset provision alone reduces the retirement benefits earned 
by nearly 500,000 Americans each year by an average of $500 per month.
  The windfall elimination provision reduces Social Security benefits 
by up to 50 percent for retirees who have paid into Social Security and 
also receive a public pension, such as from a State teacher retirement 
fund.
  Private-sector retirees receive monthly Social Security checks equal 
to 90 percent of their first $744 in average monthly career earnings, 
plus 32 percent of monthly earnings up to $4,483 and 15 percent of 
earnings above $4,483.
  Under the windfall elimination provision, retired public employees, 
however, are only allowed to receive 40 percent of the first $744 in 
career monthly earnings, a penalty of over $350 per month.
  Our legislation will allow government pensioners the chance to earn 
the same 90 percent to which nongovernment pension recipients are 
entitled.
  For those living on fixed incomes, in some cases this represents the 
difference between a comfortable retirement and poverty.
  Americans are hurting as our economy continues to contract.
  More than $4 trillion in retirement savings were lost last year as 
markets destabilized and investments soured.
  Retirees on fixed incomes have been especially impacted by this 
recession. Every dollar matters to a retiree struggling to pay bills 
and meet mortgage obligations.
  In California, more than 837,000 foreclosures were filed last year. 
The roughly $500 lost by beneficiaries to the Government pension offset 
each month may mean the difference between foreclosure and keeping 
one's home.
  This is also critical for seniors residing in assisted living 
facilities or retirement communities concerned about paying the 
increasingly high cost of care.
  Our Nation's unemployment rate stands at 7.6 percent. And, in my 
State, over 1.7 million people are out of work. For those close to 
retirement who have lost their jobs, reductions in Social Security 
benefits compound an already challenging situation.
  We must also eliminate the barriers which discourage many Americans 
from pursuing careers in public service.
  This is more difficult now than ever, as states face mounting 
deficits and painful budget cuts. Communities must be able to retain 
their most qualified teachers, police officers, and firefighters.

[[Page 5557]]

  Unfortunately, the Government pension offset and windfall elimination 
provision only contribute to this problem at a time when we should be 
doing everything we possibly can to bring the best and brightest to 
these careers.
  It is estimated that schools will need to hire between 1.7 million 
and 2.7 million new teachers nationwide by the end of this year because 
of record enrollments in public schools.
  The projected retirements of thousands of veteran teachers and 
critical efforts to reduce class sizes also necessitate hiring 
additional teachers.
  California currently has roughly 310,000 teachers but will need to 
double this number over the next decade, to 600,000 teachers, in order 
to keep up with student enrollment levels.
  It is counterintuitive that on the one-hand, policymakers seek to 
encourage people to change careers and enter the teaching profession, 
while on the other hand, those wishing to do so are told that their 
retirement benefits will be significantly reduced.
  I certainly recognize that our Federal budget deficit and national 
debt make repealing the Government pension offset and windfall 
elimination provision difficult.
  And, I remain open to considering any alternatives that will allow 
hard working employees to keep the Social Security benefits to which 
they are entitled.
  But the bottom line is that we should respect, not penalize, our 
public service employees.
  In the 110th Congress, 38 Senators joined me in cosponsoring this 
legislation. In the House of Representatives, 351 Members of Congress 
supported Representative Howard Berman's companion bill. Our bill 
enjoys the support of more than three quarters of the entire House of 
Representatives.
  The reason for this support is because public servants across the 
country are calling on Congress to act.
  It is long overdue that we resolve this inequity, and it is time that 
this body protects retirement benefits for public employees and 
formulates a more cohesive approach to promoting public sector 
employment.
  So I hope that my colleagues will join me in protecting the 
retirement benefits of our Nation's hard working public servants. We 
value their contributions and must ensure that all Americans receive 
the retirement benefits they have earned and deserve.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 484

       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 ``Social Security Fairness Act 
     of 2009''.

     SEC. 2. REPEAL OF GOVERNMENT PENSION OFFSET PROVISION.

       (a) In General.--Section 202(k) of the Social Security Act 
     (42 U.S.C. 402(k)) is amended by striking paragraph (5).
       (b) Conforming Amendments.--
       (1) Section 202(b)(2) of the Social Security Act (42 U.S.C. 
     402(b)(2)) is amended by striking ``subsections (k)(5) and 
     (q)'' and inserting ``subsection (q)''.
       (2) Section 202(c)(2) of such Act (42 U.S.C. 402(c)(2)) is 
     amended by striking ``subsections (k)(5) and (q)'' and 
     inserting ``subsection (q)''.
       (3) Section 202(e)(2)(A) of such Act (42 U.S.C. 
     402(e)(2)(A)) is amended by striking ``subsection (k)(5), 
     subsection (q),'' and inserting ``subsection (q)''.
       (4) Section 202(f)(2)(A) of such Act (42 U.S.C. 
     402(f)(2)(A)) is amended by striking ``subsection (k)(5), 
     subsection (q)'' and inserting ``subsection (q)''.

     SEC. 3. REPEAL OF WINDFALL ELIMINATION PROVISIONS.

       (a) In General.--Section 215 of the Social Security Act (42 
     U.S.C. 415) is amended--
       (1) in subsection (a), by striking paragraph (7);
       (2) in subsection (d), by striking paragraph (3); and
       (3) in subsection (f), by striking paragraph (9).
       (b) Conforming Amendments.--Subsections (e)(2) and (f)(2) 
     of section 202 of such Act (42 U.S.C. 402) are each amended 
     by striking ``section 215(f)(5), 215(f)(6), or 215(f)(9)(B)'' 
     in subparagraphs (C) and (D)(i) and inserting ``paragraph (5) 
     or (6) of section 215(f)''.

     SEC. 4. EFFECTIVE DATE.

       The amendments made by this Act shall apply with respect to 
     monthly insurance benefits payable under title II of the 
     Social Security Act for months after December 2009. 
     Notwithstanding section 215(f) of the Social Security Act, 
     the Commissioner of Social Security shall adjust primary 
     insurance amounts to the extent necessary to take into 
     account the amendments made by section 3.
  Ms. COLLINS. Mr. President, I am pleased to be joining my colleague 
from California, Senator Feinstein, in introducing the Social Security 
Fairness Act, which repeals both the windfall elimination provision, 
WEP, and the Government pension offset, GPO. We believe that these two 
provisions in the Social Security Act unfairly penalize individuals for 
holding jobs in public service when the time comes for them to retire.
  These two provisions have enormous financial implications for many of 
our teachers, police officers, firefighters, postal workers and other 
public employees. Given their important responsibilities, it is simply 
unfair to penalize them when it comes to their Social Security 
benefits. These public servants--or their spouses--have all paid taxes 
into the Social Security system. So have their employers. They have 
worked long enough to earn their Social Security benefits. Yet because 
of the GPO and WEP, they are unable to receive all of the Social 
Security benefits to which they otherwise would be entitled.
  The impact of these two provisions is most acute in 15 States, 
including Maine, which have State retirement plans that lack a Social 
Security component. However, it is important to point out that the GPO 
and WEP affect public employees and retirees in every State, and in 
particular our emergency responders, our postal workers and our other 
Federal employees. Nationwide, more than one-third of teachers and 
education employees, and more than one-fifth of other public employees, 
are affected by the GPO and/or the WEP.
  Almost 1 million retired public employees across the country have 
already been harmed by these provisions. Many more stand to be harmed 
in the future. Moreover, at a time when we should be doing all that we 
can to attract qualified people to public service, this reduction in 
retirement benefits makes it even more difficult for our Federal, State 
and local governments to recruit and retain the public servants who are 
so critical to the safety and well-being of our families.
  What is most troubling is that this offset is most harsh for those 
who can least afford the loss: lower income women. In fact, of those 
affected by the GPO, over 70 percent are women. According to the 
Congressional Budget Office, the GPO reduces benefits for more than 
200,000 individuals by more than $3,600 a year--an amount that can make 
the difference between a comfortable retirement and poverty.
  Many Maine teachers, in particular, have talked with me about the 
impact of these provisions on their retirement security. They love 
their jobs and the children they teach, but they worry about the future 
and about their financial security.
  In September of 2003, I chaired an oversight hearing to examine the 
effect that the GPO and the WEP have had on public employees and 
retirees. We heard compelling testimony from Julia Worcester of 
Columbia, ME, who was then 73. Mrs. Worcester told the committee about 
her work in both Social Security-covered employment and as a Maine 
teacher, and about the effect that the GPO and WEP have had on her 
income in retirement.
  Mrs. Worcester had worked for more than 20 years as a waitress and in 
factory jobs before deciding, at the age of 49, to go back to school to 
pursue her life-long dream of becoming a teacher. She began teaching at 
the age of 52 and taught full-time for 15 years before retiring at the 
age of 68. Since she was only in the Maine State retirement system for 
15 years, Mrs. Worcester does not receive a full State pension. Yet she 
is still subject to the full penalties under the GPO and WEP. As a 
consequence, even though she worked hard and paid into the Social 
Security system for more than 20 years, she receives less than $800 a 
month in total pension income.
  After a lifetime of hard work, Mrs. Worcester, who turns 78 next 
month, is

[[Page 5558]]

still substitute teaching just to make ends meet. She cannot afford to 
stop working. This simply is not right.
  It is time for us to take action, and I urge all of my colleagues to 
join us in cosponsoring the Social Security Fairness Act to eliminate 
these two unfair provisions.
                                 ______
                                 
      By Ms. MURKOWSKI (for herself and Mr. Byrd):
  S.J. Res. 11. A joint resolution proposing an amendment to the 
Constitution of the United States relative to a seat in the House of 
Representatives for the District of Columbia; to the Committee on the 
Judiciary.
  Ms. MURKOWSKI. Mr. President, I ask unanimous consent that S.J. Res. 
11, proposing an amendment to the Constitution of the United States 
relative to a seat in the House of Representatives for the District of 
Columbia, be printed in the Record.
  There being no objection, the text of the joint resolution was 
ordered to be printed in the Record, as follows:

                              S.J. Res. 11

       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled (two-thirds of 
     each House concurring therein),

     SECTION 1. CONSTITUTIONAL AMENDMENT.

       The following article is proposed as an amendment to the 
     Constitution of the United States, which shall be valid to 
     all intents and purposes as part of the Constitution when 
     ratified by the legislatures of three-fourths of the several 
     States within seven years after the date of its submission by 
     the Congress:

                              ``Article--

       ``Section 1. The people of the District constituting the 
     seat of Government of the United States shall elect one 
     representative to the House of Representatives who is a 
     resident of that District. The representative so elected 
     shall have the same rights, privileges, and obligations as a 
     Representative from a State.
       ``Section 2. Congress shall have the power to enforce this 
     article by appropriate legislation.''.

                          ____________________




                         SUBMITTED RESOLUTIONS

                                 ______
                                 

  SENATE RESOLUTION 54--AUTHORIZING EXPENDITURES BY THE COMMITTEE ON 
                                FINANCE

  Mr. BAUCUS submitted the following resolution; from the Committee on 
Finance; which was referred to the Committee on Rules and 
Administration:

                               S. Res. 54

       Resolved, That, in carrying out in powers, duties, and 
     functions under the Standing Rules of the Senate, in 
     accordance with its jurisdiction under rule XXV of such 
     rules, including holding hearings, reporting such hearings, 
     and making investigations as authorized by paragraphs 1 and 8 
     of rule XXVI of the Standing Rules of the Senate, the 
     Committee on Finance is authorized from March 1, 2009, 
     through September 30, 2009; October 1, 2009, through 
     September 30, 2010; and October 1, 2010, through February 28, 
     2011, in its discretion (1) to make expenditures from the 
     contingent fund of the Senate, (2) to employ personnel, and 
     (3) with the prior consent of the Government department or 
     agency concerned and the Committee on Rules and 
     Administration, to use on a reimbursable or non-reimbursable 
     basis the services of personnel of any such department or 
     agency.
       Sec. 2a. The expenses of the committee for the period March 
     1, 2009, through September 30, 2009, under this resolution 
     shall not exceed $5,210,765, of which amount (1) not to 
     exceed $17,500 may be expended for the procurement of the 
     services of individual consultants, or organizations thereof 
     (as authorized by section 202(i) of the Legislative 
     Reorganization Act of 1946, as amended), and (2) not to 
     exceed $5,833 may be expended for the training of the 
     professional staff of such committee (under procedures 
     specified by section 202(j) of the Legislative Reorganization 
     Act of 1946).
       (b) For the period October 1, 2009, through September 30, 
     2010, expenses of the committee under this resolution shall 
     not exceed $9,161,539, of which amount (1) not to exceed 
     $30,000 may be expended for the procurement of the services 
     of individual consultants, or organizations thereof (as 
     authorized by section 202(i) of the Legislative 
     Reorganization Act of 1946, as amended), and (2) not to 
     exceed $10,000 may be expended for the training of the 
     professional staff of such committee (under procedures 
     specified by section 202(j) of the Legislative Reorganization 
     Act of 1946).
       (c) For the period October 1, 2010, through February 28, 
     2011, expenses of the committee under this resolution shall 
     not exceed $3,901,707 of which amount (1) not to exceed 
     $12,500 may be expended for the procurement of the services 
     of individual consultants, or organizations thereof (as 
     authorized by section 202(i) of the Legislative 
     Reorganization Act of 1946, as amended), and (2) not to 
     exceed $4,166 may be expended for the training of the 
     professional staff of such committee (under procedures 
     specified by section 202(j) of the Legislative Reorganization 
     Act of 1946.)
       Sec. 3. The committee shall report its findings, together 
     with such recommendations for legislation as it deems 
     advisable, to the Senate at the earliest practicable date, 
     but not later than February 28, 2010.
       Sec. 4. Expenses of the committee under this resolution 
     shall be paid from the contingent fund of the Senate upon 
     vouchers approved by the chairman of the committee, except 
     that vouchers shall not be required (1) for the disbursement 
     of salaries of employees paid at an annual rate, or (2) for 
     the payment of telecommunications provided by the Office of 
     the Sergeant at Arms and Doorkeeper, United States Senate, or 
     (3) for the payment of stationery supplies purchased through 
     the Keeper of the Stationery, United States Senate, or (4) 
     for payments to the Postmaster, United States Senate, or (5) 
     for the payment of metered charges on copying equipment 
     provided by the Office of the Sergeant at Arms and 
     Doorkeeper, United States Senate, or (6) for the payment of 
     Senate Recording and Photographic Services, or (7) for 
     payment of franked and mass mail costs by the Sergeant at 
     Arms and Doorkeeper, United States Senate.
       Sec. 5. There are authorized such sums as may be necessary 
     for agency contributions related !o the compensation of 
     employees of the committee from March 1, 2009, through 
     September 30, 2009; October 1, 2009 through September 30, 
     2010; and October 1, 2010 through February 28, 2011, to be 
     paid from the Appropriations account for Expenses of 
     Inquiries and Investigations.

                          ____________________




    SENATE RESOLUTION 55--DESIGNATING EACH OF FEBRUARY 4, 2009, AND 
    FEBRUARY 3, 2010, AS ``NATIONAL WOMEN AND GIRLS IN SPORTS DAY''

  Ms. SNOWE (for herself, Mrs. Murray, and Ms. Mikulski) submitted the 
following resolution; which was referred to the Committee on the 
Judiciary:

                               S. Res. 55

       Whereas women's athletics are one of the most effective 
     avenues available for the women of the United States to 
     develop self-discipline, initiative, confidence, and 
     leadership skills;
       Whereas sports and fitness activities contribute to 
     emotional and physical well-being;
       Whereas women need strong bodies as well as strong minds;
       Whereas the history of women in sports is rich and long, 
     but there has been little national recognition of the 
     significance of the athletic achievements of women;
       Whereas the number of women in leadership positions as 
     coaches, officials, and administrators has declined 
     drastically since the passage of title IX of the Education 
     Amendments of 1972 (Public Law 92-318; 86 Stat. 373);
       Whereas there is a need to restore women to leadership 
     positions in athletics to ensure a fair representation of the 
     abilities of women and to provide role models for young 
     female athletes;
       Whereas the bonds built between women through athletics 
     help to break down the social barriers of racism and 
     prejudice;
       Whereas the communication and cooperation skills learned 
     through athletic experience play a key role in the 
     contributions of an athlete to her home, workplace, and 
     society;
       Whereas women's athletics has produced such winners as Flo 
     Hyman, whose spirit, talent, and accomplishments 
     distinguished her above others and who exhibited the true 
     meaning of fairness, determination, and team play;
       Whereas parents feel that sports are equally important for 
     boys and girls and that sports and fitness activities provide 
     important benefits to girls who participate;
       Whereas early motor-skill training and enjoyable 
     experiences of physical activity strongly influence life-long 
     habits of physical fitness;
       Whereas the performances of female athletes in the Olympic 
     Games are a source of inspiration and pride to the people of 
     the United States;
       Whereas the athletic opportunities for male students at the 
     collegiate and high school levels remain significantly 
     greater than those for female students; and
       Whereas the number of funded research projects focusing on 
     the specific needs of women athletes is limited and the 
     information provided by these projects is imperative to the 
     health and performance of future women athletes: Now, 
     therefore, be it
       Resolved, That the Senate--
       (1) designates each of February 4, 2009, and February 3, 
     2010, as ``National Women and Girls in Sports Day''; and
       (2) encourages State and local jurisdictions, appropriate 
     Federal agencies, and the

[[Page 5559]]

     people of the United States to observe ``National Women and 
     Girls in Sports Day'' with appropriate ceremonies and 
     activities.

                          ____________________




SENATE RESOLUTION 56--URGING THE GOVERNMENT OF MOLDOVA TO ENSURE A FAIR 
  AND DEMOCRATIC ELECTION PROCESS FOR THE PARLIAMENTARY ELECTIONS ON 
                             APRIL 5, 2009

  Mr. LUGAR submitted the following resolution; which was referred to 
the Committee on Foreign Relations:

                               S. Res. 56

       Whereas Senate Resolution 60, 110th Congress, agreed to 
     February 17, 2005, expressed the support of the Senate for 
     democratic reform in Moldova and urged the Government of 
     Moldova to ensure a democratic and fair election process for 
     the parliamentary elections on March 6, 2005, by ensuring 
     ``unimpeded access by all parties and candidates to print, 
     radio, television, and Internet media on a nondiscriminatory 
     basis'' and ``the right of opposition candidates and workers 
     to engage in campaigning free of harassment, discrimination, 
     and intimidation'';
       Whereas the Election Observation Mission of the Office for 
     Democratic Institutions and Human Rights of the Organization 
     for Security and Co-operation in Europe (OSCE) found that, 
     while the parliamentary elections in 2005 generally complied 
     with most of the OSCE commitments and other international 
     standards, ``they fell short of some that are central to a 
     genuinely competitive election process'', in particular 
     ``campaign conditions and access to media'', confirming the 
     ``negative trends already noted in the 2003 local 
     elections'';
       Whereas the Election Observation Mission found that the 
     local elections held in June 2007 in Moldova were generally 
     well administered but ``fell short of a number of OSCE 
     commitments central to a competitive electoral process,'' in 
     particular by not fully respecting ``the right of citizens to 
     seek public office and equitable media access'';
       Whereas Freedom House, a non-profit, nonpartisan 
     organization working to advance the expansion of freedom, 
     again in 2008 designated the political environment of Moldova 
     as only ``partly free'';
       Whereas political liberties and civil rights are key 
     indicators of eligibility for support from the Millennium 
     Challenge Corporation, an entity of the United States 
     Government, which is now considering a sizeable grant for the 
     economic and political development of Moldova; and
       Whereas recent actions by entities of the Government of 
     Moldova raise serious questions about the readiness of the 
     Government of Moldova to break free from the unfortunate 
     patterns established in the elections in 2003, 2005, and 2007 
     and to create the campaign conditions and access to media 
     required for truly free and fair elections: Now, therefore, 
     be it
       Resolved, That the Senate--
       (1) reaffirms the strong, mutually beneficial relationship 
     that exists between the United States Government and the 
     Government of Moldova;
       (2) recognizes that the development of a genuinely 
     democratic political system in Moldova is a precondition for 
     the full integration of Moldova into the Western community of 
     nations and the provision of assistance necessary to attain 
     such integration;
       (3) urges the Government of Moldova to meet its commitments 
     to the Organization for Security and Co-operation in Europe, 
     especially in respect to the conduct of elections, by 
     guaranteeing--
       (A) unimpeded access by all parties and candidates to 
     public print, radio, television, and Internet media on a 
     nondiscriminatory basis;
       (B) the ability of independent media to cover campaigns on 
     an unrestricted basis;
       (C) the right of opposition candidates and workers to 
     engage in campaigning free of harassment, discrimination, and 
     intimidation; and
       (D) adequate means for citizens of Moldova residing abroad 
     to cast their ballots; and
       (4) in light of the steps taken by the Government of 
     Moldova, pledges the continued support of the United States 
     Government for the establishment in Moldova of a fully free 
     and democratic system, the creation of a prosperous market 
     economy, and the assumption by Moldova of its rightful place 
     as a full and equal member of the Western community of 
     democracies.

  Mr. LUGAR. Mr. President, today I submit a resolution urging the 
Government of Moldova to ensure a fair and democratic election process 
for the upcoming parliamentary elections on April 5, 2009.
  Since independence in 1991, Moldova has made notable progress in 
establishing a democratic political system and a free market economy. 
However, the Organization for Security and Cooperation in Europe, OSCE, 
has reported that recent rounds of parliamentary elections have fallen 
short on a number of international election standards.
  In 2005, the Senate passed a Resolution expressing our support for 
democratic reform in Moldova and urging the Government of Moldova to 
ensure unimpeded access by all parties and candidates to all media 
outlets in the run-up to the 2005 parliamentary elections. While the 
OSCE found that the 2005 elections generally complied with 
international standards, it found that ``campaign conditions and access 
to media'' fell short of these standards. The OSCE reported similar 
circumstances following the 2007 parliamentary elections, including a 
lack of ``equitable media access'' among the candidates.
  This Resolution re-affirms the United States Senate's support for 
political reform and fair democratic processes with our partners in 
Moldova. It urges the Government of Moldova to recognize the importance 
of guaranteeing all election candidates equitable access to media 
outlets in Moldova for the April 2009 elections. This will be an 
important consideration for receiving a Compact from the Millennium 
Challenge Corporation and for Moldova's full integration as a member of 
the Western community of democracies.
  I ask my colleagues to support this resolution.

                          ____________________




   SENATE CONCURRENT RESOLUTION 8--EXPRESSING SUPPORT FOR CHILDREN'S 
     DENTAL HEALTH MONTH AND HONORING THE MEMORY OF DEAMONTE DRIVER

  Mr. CARDIN (for himself, Ms. Collins, Mr. Rockefeller, Ms. Mikulski, 
and Mr. Bingaman) submitted the following concurrent resolution; which 
was considered and agreed to:

                             S. Con. Res. 8

       Whereas several national dental organizations have observed 
     February 2009 as Children's Dental Health Month;
       Whereas Deamonte Driver, a 12-year-old Marylander, died on 
     February 25, 2007, of complications resulting from untreated 
     tooth decay;
       Whereas the passing of Deamonte Driver has led to increased 
     awareness nationwide about the importance of access to high-
     quality, affordable preventative care and treatment for 
     dental problems;
       Whereas the primary purpose of Children's Dental Health 
     Month is to educate parents, children, and the public about 
     the importance and value of oral health;
       Whereas Children's Dental Health Month showcases the 
     overwhelmingly preventable nature of tooth decay and 
     highlights the fact that tooth decay is on the rise among the 
     youngest children in the Nation;
       Whereas Children's Dental Health Month educates the public 
     about the treatment of childhood dental caries, cleft-palate, 
     oral facial trauma, and oral cancer through public service 
     announcements, seminars, briefings, and the pro bono 
     initiatives of practitioners and academic dental 
     institutions;
       Whereas Children's Dental Health Month was created to raise 
     awareness about the importance of oral health; and
       Whereas Children's Dental Health Month is an opportunity 
     for the public and health professionals to take action to 
     prevent childhood dental problems and improve access to high-
     quality dental care: Now, therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That Congress expresses support for Children's 
     Dental Health Month and honors the life of Deamonte Driver.

                          ____________________




                    AMENDMENTS SUBMITTED AND PROPOSED

       SA 573. Mr. DeMINT submitted an amendment intended to be 
     proposed by him 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.; which was ordered to 
     lie on the table.
       SA 574. Mr. KYL proposed an amendment to the bill S. 160, 
     supra.
       SA 575. Mr. ENSIGN (for himself, Mr. Vitter, Mr. Coburn, 
     Mr. DeMint, Mr. Burr, Mr. Wicker, Mr. Thune, Mr. Grassley, 
     Mr. Risch, Mr. Inhofe, Mr. Bennett, Mr. Enzi, Mr. Chambliss , 
     Mr. Isakson, Mr. Crapo, Mr. Cornyn, Mr. Brownback, Mr. 
     Corker, Mr. Martinez, Ms. Murkowski, Mr. Graham, and Mr. 
     Roberts) proposed an amendment to the bill S. 160, supra.
       SA 576. Mr. COBURN (for himself and Mr. Inhofe) proposed an 
     amendment to amendment SA 575 proposed by Mr. Ensign (for 
     himself, Mr. Vitter, Mr. Coburn, Mr. DeMint, Mr. Burr, Mr. 
     Wicker, Mr. Thune, Mr. Grassley, Mr. Risch, Mr. Inhofe, Mr.

[[Page 5560]]

     Bennett, Mr. Enzi, Mr. Chambliss, Mr. Isakson, Mr. Crapo, Mr. 
     Cornyn, Mr. Brownback, Mr. Corker, Mr. Martinez, Ms. 
     Murkowski, Mr. Graham, and Mr. Roberts) to the bill S. 160, 
     supra.
       SA 577. Mr. COBURN submitted an amendment intended to be 
     proposed by him to the bill S. 160, supra; which was ordered 
     to lie on the table.
       SA 578. Mr. COBURN submitted an amendment intended to be 
     proposed by him to the bill S. 160, supra; which was ordered 
     to lie on the table.
       SA 579. Mr. THUNE (for himself, Mr. Vitter, Mr. Grassley, 
     Mr. Wicker, Mr. Coburn, Mr. DeMint, Mr. Inhofe, Mr. Bennett, 
     Mr. Enzi, Mr. Risch, Mr. Crapo, and Mr. Webb) proposed an 
     amendment to the bill S. 160, supra.
       SA 580. Mr. COBURN submitted an amendment intended to be 
     proposed by him to the bill S. 160, supra; which was ordered 
     to lie on the table.
       SA 581. Mr. COBURN submitted an amendment intended to be 
     proposed by him to the bill S. 160, supra.
       SA 582. Mrs. FEINSTEIN submitted an amendment intended to 
     be proposed by her to the bill S. 160, supra; which was 
     ordered to lie on the table.
       SA 583. Mrs. FEINSTEIN submitted an amendment intended to 
     be proposed by her to the bill S. 160, supra; which was 
     ordered to lie on the table.
       SA 584. Mrs. FEINSTEIN submitted an amendment intended to 
     be proposed by her to the bill S. 160, supra; which was 
     ordered to lie on the table.
       SA 585. Mr. KYL proposed an amendment to the bill S. 160, 
     supra.
       SA 586. Mr. DURBIN submitted an amendment intended to be 
     proposed by him to the bill S. 160, supra; which was ordered 
     to lie on the table.
       SA 587. Mr. ENSIGN (for himself and Mr. Voinovich) 
     submitted an amendment intended to be proposed by him to the 
     bill S. 160, supra; which was ordered to lie on the table.
       SA 588. Mr. MARTINEZ submitted an amendment intended to be 
     proposed by him to the bill S. 160, supra; which was ordered 
     to lie on the table.
       SA 589. Mr. LAUTENBERG submitted an amendment intended to 
     be proposed by him to the bill S. 160, supra; which was 
     ordered to lie on the table.
       SA 590. Mr. LAUTENBERG (for himself and Mr. Reed) submitted 
     an amendment intended to be proposed by him to the bill S. 
     160, supra; which was ordered to lie on the table.

                          ____________________




                           TEXT OF AMENDMENTS

  SA 573. Mr. DeMINT submitted an amendment intended to be proposed by 
him 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; which was ordered to lie on the table; as follows:

       At the end of the bill add the following:

     SEC. 9. FAIRNESS DOCTRINE PROHIBITED.

       (a) Limitation on General Powers: Fairness Doctrine.--Title 
     III of the Communications Act of 1934 is amended by inserting 
     after section 303 (47 U.S.C. 303) the following new section:

     ``SEC. 303A. LIMITATION ON GENERAL POWERS: FAIRNESS DOCTRINE.

       ``Notwithstanding section 303 or any other provision of 
     this Act or any other Act authorizing the Commission to 
     prescribe rules, regulations, policies, doctrines, standards, 
     guidelines, or other requirements, the Commission shall not 
     have the authority to prescribe any rule, regulation, policy, 
     doctrine, standard, guideline, or other requirement that has 
     the purpose or effect of reinstating or repromulgating (in 
     whole or in part)--
       ``(1) the requirement that broadcasters present or 
     ascertain opposing viewpoints on issues of public importance, 
     commonly referred to as the `Fairness Doctrine', as repealed 
     in In re Complaint of Syracuse Peace Council against 
     Television Station WTVH, Syracuse New York, 2 FCC Rcd. 5043 
     (1987); or
       ``(2) any similar requirement that broadcasters meet 
     programming quotas or guidelines for issues of public 
     importance.''.
       (b) Severability.--Notwithstanding section 7(a), 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 
     amendment made by subsection (a) and the application of such 
     amendment to any other person or circumstance shall not be 
     affected by such holding.
                                 ______
                                 
  SA 574. Mr. KYL proposed an amendment 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; as follows:

       On page 27, strike line 21 through the end of the bill and 
     insert the following:

     SEC. 8. JUDICIAL REVIEW.

       (a) Special Rules for Actions Brought on Constitutional 
     Grounds.--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 United States District 
     Court 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 United States District 
     Court 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.
       (b) Intervention by Members of Congress.--
       (1) In general.--In any action in which the 
     constitutionality of any provision of this Act or any 
     amendment made by this Act is challenged (including an action 
     described in subsection (a)), any member of the House of 
     Representatives (including a Delegate or Resident 
     Commissioner to the Congress) or the Senate shall have the 
     right to intervene or file legal pleadings or briefs either 
     in support of or opposition to the position of a party to the 
     case regarding the constitutionality of the provision or 
     amendment.
       (2) Court efficiency.--To avoid duplication of efforts and 
     reduce the burdens placed on the parties to the action, the 
     court in any action described in paragraph (1) may make such 
     orders as it considers necessary, including orders to require 
     intervenors taking similar positions to file joint papers or 
     to be represented by a single attorney at oral argument.
       (c) Challenge by Members of Congress.--Any Member of 
     Congress may bring an action, subject to the special rules 
     described in subsection (a), to challenge the 
     constitutionality of any provision of this Act or any 
     amendment made by this Act.
                                 ______
                                 
  SA 575. Mr. ENSIGN (for himself, Mr. Vitter, Mr. Coburn, Mr. DeMint, 
Mr. Burr, Mr. Wicker, Mr. Thune, Mr. Grassley, Mr. Risch, Mr. Inhofe, 
Mr. Bennett, Mr. Enzi, Mr. Chambliss, Mr. Isakson, Mr. Crapo, Mr. 
Cornyn, Mr. Brownback, Mr. Corker, Mr. Martinez, Ms. Murkowski, Mr. 
Graham, and Mr. Roberts) proposed an amendment 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; as follows:

       At the appropriate place, insert the following:

               TITLE __--SECOND AMENDMENT ENFORCEMENT ACT

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Second Amendment 
     Enforcement Act''.

     SEC. _02. CONGRESSIONAL FINDINGS.

       Congress finds the following:
       (1) The Second Amendment to the United States Constitution 
     provides that the right of the people to keep and bear arms 
     shall not be infringed.
       (2) As the Congress and the Supreme Court of the United 
     States have recognized, the Second Amendment to the United 
     States Constitution protects the rights of individuals, 
     including those who are not members of a militia or engaged 
     in military service or training, to keep and bear arms.
       (3) The law-abiding citizens of the District of Columbia 
     are deprived by local laws of handguns, rifles, and shotguns 
     that are commonly kept by law-abiding persons throughout the 
     United States for sporting use and for lawful defense of 
     their persons, homes, businesses, and families.
       (4) The District of Columbia has the highest per capita 
     murder rate in the Nation, which may be attributed in part to 
     local laws prohibiting possession of firearms by law-abiding 
     persons who would otherwise be able to defend themselves and 
     their loved ones in their own homes and businesses.
       (5) The Federal Gun Control Act of 1968, as amended by the 
     Firearms Owners' Protection Act of 1986, and the Brady 
     Handgun Violence Prevention Act of 1993, provide 
     comprehensive Federal regulations applicable in the District 
     of Columbia as elsewhere. In addition, existing District of 
     Columbia criminal laws punish possession and illegal use of 
     firearms by violent criminals and felons. Consequently, there 
     is no need for local laws which only affect and disarm law-
     abiding citizens.
       (6) Officials of the District of Columbia have indicated 
     their intention to continue to unduly restrict lawful firearm 
     possession and use by citizens of the District.
       (7) Legislation is required to correct the District of 
     Columbia's law in order to restore the fundamental rights of 
     its citizens under the Second Amendment to the United States 
     Constitution and thereby enhance public safety.

[[Page 5561]]



     SEC. _03. REFORM D.C. COUNCIL'S AUTHORITY TO RESTRICT 
                   FIREARMS.

       Section 4 of the Act entitled ``An Act to prohibit the 
     killing of wild birds and wild animals in the District of 
     Columbia'', approved June 30, 1906 (34 Stat. 809; sec. 1-
     303.43, D.C. Official Code) is amended by adding at the end 
     the following: ``Nothing in this section or any other 
     provision of law shall authorize, or shall be construed to 
     permit, the Council, the Mayor, or any governmental or 
     regulatory authority of the District of Columbia to prohibit, 
     constructively prohibit, or unduly burden the ability of 
     persons not prohibited from possessing firearms under Federal 
     law from acquiring, possessing in their homes or businesses, 
     or using for sporting, self-protection or other lawful 
     purposes, any firearm neither prohibited by Federal law nor 
     subject to the National Firearms Act. The District of 
     Columbia shall not have authority to enact laws or 
     regulations that discourage or eliminate the private 
     ownership or use of firearms. Nothing in the previous two 
     sentences shall be construed to prohibit the District of 
     Columbia from regulating or prohibiting the carrying of 
     firearms by a person, either concealed or openly, other than 
     at the person's dwelling place, place of business, or on 
     other land possessed by the person.''.

     SEC. _04. REPEAL D.C. SEMIAUTOMATIC BAN.

       (a) In General.--Section 101(10) of the Firearms Control 
     Regulations Act of 1975 (sec. 7-2501.01(10), D.C. Official 
     Code) is amended to read as follows:
       ``(10) `Machine gun' means any firearm which shoots, is 
     designed to shoot, or may be readily restored to shoot 
     automatically, more than 1 shot without manual reloading by a 
     single function of the trigger, and includes the frame or 
     receiver of any such weapon, any part designed and intended 
     solely and exclusively, or combination of parts designed and 
     intended, for use in converting a weapon into a machine gun, 
     and any combination of parts from which a machine gun can be 
     assembled if such parts are in the possession or under the 
     control of a person.''.
       (b) Conforming Amendment to Provisions Setting Forth 
     Criminal Penalties.--Section 1(c) of the Act of July 8, 1932 
     (47 Stat. 651; sec. 22--4501(c), D.C. Official Code) is 
     amended to read as follows:
       ``(c) `Machine gun', as used in this Act, has the meaning 
     given such term in section 101(10) of the Firearms Control 
     Regulations Act of 1975.''.

     SEC. _05. REPEAL REGISTRATION REQUIREMENT.

       (a) Repeal of Requirement.--
       (1) In general.--Section 201(a) of the Firearms Control 
     Regulations Act of 1975 (sec. 7-2502.01(a), D.C. Official 
     Code) is amended by striking ``any firearm, unless'' and all 
     that follows through paragraph (3) and inserting the 
     following: ``any firearm described in subsection (c).''.
       (2) Description of firearms remaining illegal.--Section 201 
     of such Act (sec. 7-2502.01, D.C. Official Code) is amended 
     by adding at the end the following new subsection:
       ``(c) A firearm described in this subsection is any of the 
     following:
       ``(1) A sawed-off shotgun.
       ``(2) A machine gun.
       ``(3) A short-barreled rifle.''.
       (3) Conforming amendment.--The heading of section 201 of 
     such Act (sec. 7-2502.01, D.C. Official Code) is amended by 
     striking ``Registration requirements'' and inserting 
     ``Firearm Possession''.
       (b) Conforming Amendments to Firearms Control Regulations 
     Act.--The Firearms Control Regulations Act of 1975 is amended 
     as follows:
       (1) Sections 202 through 211 (secs. 7-2502.02 through 7-
     2502.11, D.C. Official Code) are repealed.
       (2) Section 101 (sec. 7-2501.01, D.C. Official Code) is 
     amended by striking paragraph (13).
       (3) Section 401 (sec. 7-2504.01, D.C. Official Code) is 
     amended--
       (A) in subsection (a), by striking ``the District;'' and 
     all that follows and inserting the following: ``the District, 
     except that a person may engage in hand loading, reloading, 
     or custom loading of ammunition for firearms lawfully 
     possessed under this Act.''; and
       (B) in subsection (b), by striking ``which are 
     unregisterable under section 202'' and inserting ``which are 
     prohibited under section 201''.
       (4) Section 402 (sec. 7-2504.02, D.C. Official Code) is 
     amended--
       (A) in subsection (a), by striking ``Any person eligible to 
     register a firearm'' and all that follows through ``such 
     business,'' and inserting the following: ``Any person not 
     otherwise prohibited from possessing or receiving a firearm 
     under Federal or District law, or from being licensed under 
     section 923 of title 18, United States Code,''; and
       (B) in subsection (b), by amending paragraph (1) to read as 
     follows:
       ``(1) The applicant's name;''.
       (5) Section 403(b) (sec. 7-2504.03(b), D.C. Official Code) 
     is amended by striking ``registration certificate'' and 
     inserting ``dealer's license''.
       (6) Section 404(a)(3) (sec. 7-2504.04(a)(3)), D.C. Official 
     Code) is amended--
       (A) in subparagraph (B)(i), by striking ``registration 
     certificate number (if any) of the firearm,'';
       (B) in subparagraph (B)(iv), by striking ``holding the 
     registration certificate'' and inserting ``from whom it was 
     received for repair'';
       (C) in subparagraph (C)(i), by striking ``and registration 
     certificate number (if any) of the firearm'';
       (D) in subparagraph (C)(ii), by striking ``registration 
     certificate number or''; and
       (E) by striking subparagraphs (D) and (E).
       (7) Section 406(c) (sec. 7-2504.06(c), D.C. Official Code) 
     is amended to read as follows:
       ``(c) Within 45 days of a decision becoming effective which 
     is unfavorable to a licensee or to an applicant for a 
     dealer's license, the licensee or application shall--
       ``(1) lawfully remove from the District all destructive 
     devices in his inventory, or peaceably surrender to the Chief 
     all destructive devices in his inventory in the manner 
     provided in section 705; and
       ``(2) lawfully dispose, to himself or to another, any 
     firearms and ammunition in his inventory.''.
       (8) Section 407(b) (sec. 7-2504.07(b), D.C. Official Code) 
     is amended by striking ``would not be eligible'' and all that 
     follows and inserting ``is prohibited from possessing or 
     receiving a firearm under Federal or District law.''.
       (9) Section 502 (sec. 7-2505.02, D.C. Official Code) is 
     amended--
       (A) by amending subsection (a) to read as follows:
       ``(a) Any person or organization not prohibited from 
     possessing or receiving a firearm under Federal or District 
     law may sell or otherwise transfer ammunition or any firearm, 
     except those which are prohibited under section 201, to a 
     licensed dealer.'';
       (B) by amending subsection (c) to read as follows:
       ``(c) Any licensed dealer may sell or otherwise transfer a 
     firearm to any person or organization not otherwise 
     prohibited from possessing or receiving such firearm under 
     Federal or District law.'';
       (C) in subsection (d), by striking paragraphs (2) and (3); 
     and
       (D) by striking subsection (e).
       (10) Section 704 (sec. 7-2507.04, D.C. Official Code) is 
     amended--
       (A) in subsection (a), by striking ``any registration 
     certificate or'' and inserting ``a''; and
       (B) in subsection (b), by striking ``registration 
     certificate,''.
       (c) Other Conforming Amendments.--Section 2(4) of the 
     Illegal Firearm Sale and Distribution Strict Liability Act of 
     1992 (sec. 7-2531.01(4), D.C. Official Code) is amended--
       (1) in subparagraph (A), by striking ``or ignoring proof of 
     the purchaser's residence in the District of Columbia''; and
       (2) in subparagraph (B), by striking ``registration and''.

     SEC. _06. REPEAL HANDGUN AMMUNITION BAN.

       Section 601(3) of the Firearms Control Regulations Act of 
     1975 (sec. 7-2506.01(3), D.C. Official Code) is amended by 
     striking ``is the holder of the valid registration 
     certificate for'' and inserting ``owns''.

     SEC. _07. RESTORE RIGHT OF SELF DEFENSE IN THE HOME.

       Section 702 of the Firearms Control Regulations Act of 1975 
     (sec. 7-2507.02, D.C. Official Code) is repealed.

     SEC. _08. REMOVE CRIMINAL PENALTIES FOR POSSESSION OF 
                   UNREGISTERED FIREARMS.

       (a) In General.--Section 706 of the Firearms Control 
     Regulations Act of 1975 (sec. 7-2507.06, D.C. Official Code) 
     is amended--
       (1) by striking ``that:'' and all that follows through 
     ``(1) A'' and inserting ``that a''; and
       (2) by striking paragraph (2).
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply with respect to violations occurring after the 
     60-day period which begins on the date of the enactment of 
     this Act.

     SEC. _09. REMOVE CRIMINAL PENALTIES FOR CARRYING A FIREARM IN 
                   ONE'S DWELLING OR OTHER PREMISES.

       (a) In General.--Section 4(a) of the Act of July 8, 1932 
     (47 Stat. 651; sec. 22-4504(a), D.C. Official Code) is 
     amended--
       (1) in the matter before paragraph (1), by striking ``a 
     pistol,'' and inserting the following: ``except in his 
     dwelling house or place of business or on other land 
     possessed by that person, whether loaded or unloaded, a 
     firearm,''; and
       (2) by striking ``except that:'' and all that follows 
     through ``(2) If the violation'' and inserting ``except that 
     if the violation''.
       (b) Conforming Amendment.--Section 5 of such Act (47 Stat. 
     651; sec. 22-4505, D.C. Official Code) is amended--
       (1) by striking ``pistol'' each place it appears and 
     inserting ``firearm''; and
       (2) by striking ``pistols'' each place it appears and 
     inserting ``firearms''.

     SEC. _10. AUTHORIZING PURCHASES OF FIREARMS BY DISTRICT 
                   RESIDENTS.

       Section 922 of title 18, United States Code, is amended in 
     paragraph (b)(3) by inserting after ``other than a State in 
     which the licensee's place of business is located'' the 
     following: ``, or to the sale or delivery of a handgun to a 
     resident of the District of Columbia by a licensee whose 
     place of business is located in Maryland or Virginia,''.

     SEC. _11. REPEALS OF DISTRICT OF COLUMBIA ACTS.

       The Firearms Registration Amendment Act of 2008 and the 
     Firearms Registration Emergency Amendment Act of 2008, as

[[Page 5562]]

     passed by the District of Columbia, are repealed.

     SEC. _12. SEVERABILITY.

       Notwithstanding any other provision of this Act, if any 
     provision of this Act, or any amendment made by this Act, or 
     the application of such provision or amendment to any person 
     or circumstance is held to be unconstitutional, this title 
     and amendments made by this title, and the application of 
     such provision or amendment to other persons or circumstances 
     shall not be affected thereby.
                                 ______
                                 
  SA 576. Mr. COBURN (for himself and Mr. Inhofe) proposed an amendment 
to amendment SA 575 proposed by Mr. Ensign (for himself, Mr. Vitter, 
Mr. Coburn, Mr. DeMint, Mr. Burr, Mr. Wicker, Mr. Thune, Mr. Grassley, 
Mr. Risch, Mr. Inhofe, Mr. Bennett, Mr. Enzi, Mr. Chambliss, Mr. 
Isakson, Mr. Crapo, Mr. Cornyn, Mr. Brownback, Mr. Corker, Mr. 
Martinez, Ms. Murkowski, Mr. Graham, and Mr. Roberts) 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; as follows:

       Strike all after the first word and insert the following:

                    SECOND AMENDMENT ENFORCEMENT ACT

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Second Amendment 
     Enforcement Act''.

     SEC. _02. CONGRESSIONAL FINDINGS.

       Congress finds the following:
       (1) The Second Amendment to the United States Constitution 
     provides that the right of the people to keep and bear arms 
     shall not be infringed.
       (2) As the Congress and the Supreme Court of the United 
     States have recognized, the Second Amendment to the United 
     States Constitution protects the rights of individuals, 
     including those who are not members of a militia or engaged 
     in military service or training, to keep and bear arms.
       (3) The law-abiding citizens of the District of Columbia 
     are deprived by local laws of handguns, rifles, and shotguns 
     that are commonly kept by law-abiding persons throughout the 
     United States for sporting use and for lawful defense of 
     their persons, homes, businesses, and families.
       (4) The District of Columbia has the highest per capita 
     murder rate in the Nation, which may be attributed in part to 
     local laws prohibiting possession of firearms by law-abiding 
     persons who would otherwise be able to defend themselves and 
     their loved ones in their own homes and businesses.
       (5) The Federal Gun Control Act of 1968, as amended by the 
     Firearms Owners' Protection Act of 1986, and the Brady 
     Handgun Violence Prevention Act of 1993, provide 
     comprehensive Federal regulations applicable in the District 
     of Columbia as elsewhere. In addition, existing District of 
     Columbia criminal laws punish possession and illegal use of 
     firearms by violent criminals and felons. Consequently, there 
     is no need for local laws which only affect and disarm law-
     abiding citizens.
       (6) Officials of the District of Columbia have indicated 
     their intention to continue to unduly restrict lawful firearm 
     possession and use by citizens of the District.
       (7) Legislation is required to correct the District of 
     Columbia's law in order to restore the fundamental rights of 
     its citizens under the Second Amendment to the United States 
     Constitution and thereby enhance public safety.

     SEC. _03. REFORM D.C. COUNCIL'S AUTHORITY TO RESTRICT 
                   FIREARMS.

       Section 4 of the Act entitled ``An Act to prohibit the 
     killing of wild birds and wild animals in the District of 
     Columbia'', approved June 30, 1906 (34 Stat. 809; sec. 1-
     303.43, D.C. Official Code) is amended by adding at the end 
     the following: ``Nothing in this section or any other 
     provision of law shall authorize, or shall be construed to 
     permit, the Council, the Mayor, or any governmental or 
     regulatory authority of the District of Columbia to prohibit, 
     constructively prohibit, or unduly burden the ability of 
     persons not prohibited from possessing firearms under Federal 
     law from acquiring, possessing in their homes or businesses, 
     or using for sporting, self-protection or other lawful 
     purposes, any firearm neither prohibited by Federal law nor 
     subject to the National Firearms Act. The District of 
     Columbia shall not have authority to enact laws or 
     regulations that discourage or eliminate the private 
     ownership or use of firearms. Nothing in the previous two 
     sentences shall be construed to prohibit the District of 
     Columbia from regulating or prohibiting the carrying of 
     firearms by a person, either concealed or openly, other than 
     at the person's dwelling place, place of business, or on 
     other land possessed by the person.''.

     SEC. _04. REPEAL D.C. SEMIAUTOMATIC BAN.

       (a) In General.--Section 101(10) of the Firearms Control 
     Regulations Act of 1975 (sec. 7-2501.01(10), D.C. Official 
     Code) is amended to read as follows:
       ``(10) `Machine gun' means any firearm which shoots, is 
     designed to shoot, or may be readily restored to shoot 
     automatically, more than 1 shot without manual reloading by a 
     single function of the trigger, and includes the frame or 
     receiver of any such weapon, any part designed and intended 
     solely and exclusively, or combination of parts designed and 
     intended, for use in converting a weapon into a machine gun, 
     and any combination of parts from which a machine gun can be 
     assembled if such parts are in the possession or under the 
     control of a person.''.
       (b) Conforming Amendment to Provisions Setting Forth 
     Criminal Penalties.--Section 1(c) of the Act of July 8, 1932 
     (47 Stat. 651; sec. 22-4501(c), D.C. Official Code) is 
     amended to read as follows:
       ``(c) `Machine gun', as used in this Act, has the meaning 
     given such term in section 101(10) of the Firearms Control 
     Regulations Act of 1975.''.

     SEC. _05. REPEAL REGISTRATION REQUIREMENT.

       (a) Repeal of Requirement.--
       (1) In general.--Section 201(a) of the Firearms Control 
     Regulations Act of 1975 (sec. 7-2502.01(a), D.C. Official 
     Code) is amended by striking ``any firearm, unless'' and all 
     that follows through paragraph (3) and inserting the 
     following: ``any firearm described in subsection (c).''.
       (2) Description of firearms remaining illegal.--Section 201 
     of such Act (sec. 7-2502.01, D.C. Official Code) is amended 
     by adding at the end the following new subsection:
       ``(c) A firearm described in this subsection is any of the 
     following:
       ``(1) A sawed-off shotgun.
       ``(2) A machine gun.
       ``(3) A short-barreled rifle.''.
       (3) Conforming amendment.--The heading of section 201 of 
     such Act (sec. 7--2502.01, D.C. Official Code) is amended by 
     striking ``Registration requirements'' and inserting 
     ``Firearm Possession''.
       (b) Conforming Amendments to Firearms Control Regulations 
     Act.--The Firearms Control Regulations Act of 1975 is amended 
     as follows:
       (1) Sections 202 through 211 (secs. 7-2502.02 through 7-
     2502.11, D.C. Official Code) are repealed.
       (2) Section 101 (sec. 7-2501.01, D.C. Official Code) is 
     amended by striking paragraph (13).
       (3) Section 401 (sec. 7-2504.01, D.C. Official Code) is 
     amended--
       (A) in subsection (a), by striking ``the District;'' and 
     all that follows and inserting the following: ``the District, 
     except that a person may engage in hand loading, reloading, 
     or custom loading of ammunition for firearms lawfully 
     possessed under this Act.''; and
       (B) in subsection (b), by striking ``which are 
     unregisterable under section 202'' and inserting ``which are 
     prohibited under section 201''.
       (4) Section 402 (sec. 7-2504.02, D.C. Official Code) is 
     amended--
       (A) in subsection (a), by striking ``Any person eligible to 
     register a firearm'' and all that follows through ``such 
     business,'' and inserting the following: ``Any person not 
     otherwise prohibited from possessing or receiving a firearm 
     under Federal or District law, or from being licensed under 
     section 923 of title 18, United States Code,''; and
       (B) in subsection (b), by amending paragraph (1) to read as 
     follows:
       ``(1) The applicant's name;''.
       (5) Section 403(b) (sec. 7-2504.03(b), D.C. Official Code) 
     is amended by striking ``registration certificate'' and 
     inserting ``dealer's license''.
       (6) Section 404(a)(3) (sec. 7-2504.04(a)(3)), D.C. Official 
     Code) is amended--
       (A) in subparagraph (B)(i), by striking ``registration 
     certificate number (if any) of the firearm,'';
       (B) in subparagraph (B)(iv), by striking ``holding the 
     registration certificate'' and inserting ``from whom it was 
     received for repair'';
       (C) in subparagraph (C)(i), by striking ``and registration 
     certificate number (if any) of the firearm'';
       (D) in subparagraph (C)(ii), by striking ``registration 
     certificate number or''; and
       (E) by striking subparagraphs (D) and (E).
       (7) Section 406(c) (sec. 7-2504.06(c), D.C. Official Code) 
     is amended to read as follows:
       ``(c) Within 45 days of a decision becoming effective which 
     is unfavorable to a licensee or to an applicant for a 
     dealer's license, the licensee or application shall--
       ``(1) lawfully remove from the District all destructive 
     devices in his inventory, or peaceably surrender to the Chief 
     all destructive devices in his inventory in the manner 
     provided in section 705; and
       ``(2) lawfully dispose, to himself or to another, any 
     firearms and ammunition in his inventory.''.
       (8) Section 407(b) (sec. 7-2504.07(b), D.C. Official Code) 
     is amended by striking ``would not be eligible'' and all that 
     follows and inserting ``is prohibited from possessing or 
     receiving a firearm under Federal or District law.''.
       (9) Section 502 (sec. 7-2505.02, D.C. Official Code) is 
     amended--
       (A) by amending subsection (a) to read as follows:
       ``(a) Any person or organization not prohibited from 
     possessing or receiving a firearm under Federal or District 
     law may sell or otherwise transfer ammunition or any firearm, 
     except those which are prohibited under section 201, to a 
     licensed dealer.'';

[[Page 5563]]

       (B) by amending subsection (c) to read as follows:
       ``(c) Any licensed dealer may sell or otherwise transfer a 
     firearm to any person or organization not otherwise 
     prohibited from possessing or receiving such firearm under 
     Federal or District law.'';
       (C) in subsection (d), by striking paragraphs (2) and (3); 
     and
       (D) by striking subsection (e).
       (10) Section 704 (sec. 7-2507.04, D.C. Official Code) is 
     amended--
       (A) in subsection (a), by striking ``any registration 
     certificate or'' and inserting ``a''; and
       (B) in subsection (b), by striking ``registration 
     certificate,''.
       (c) Other Conforming Amendments.--Section 2(4) of the 
     Illegal Firearm Sale and Distribution Strict Liability Act of 
     1992 (sec. 7-2531.01(4), D.C. Official Code) is amended--
       (1) in subparagraph (A), by striking ``or ignoring proof of 
     the purchaser's residence in the District of Columbia''; and
       (2) in subparagraph (B), by striking ``registration and''.

     SEC. _06. REPEAL HANDGUN AMMUNITION BAN.

       Section 601(3) of the Firearms Control Regulations Act of 
     1975 (sec. 7-2506.01(3), D.C. Official Code) is amended by 
     striking ``is the holder of the valid registration 
     certificate for'' and inserting ``owns''.

     SEC. _07. RESTORE RIGHT OF SELF DEFENSE IN THE HOME.

       Section 702 of the Firearms Control Regulations Act of 1975 
     (sec. 7-2507.02, D.C. Official Code) is repealed.

     SEC. _08. REMOVE CRIMINAL PENALTIES FOR POSSESSION OF 
                   UNREGISTERED FIREARMS.

       (a) In General.--Section 706 of the Firearms Control 
     Regulations Act of 1975 (sec. 7-2507.06, D.C. Official Code) 
     is amended--
       (1) by striking ``that:'' and all that follows through 
     ``(1) A'' and inserting ``that a''; and
       (2) by striking paragraph (2).
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply with respect to violations occurring after the 
     60-day period which begins on the date of the enactment of 
     this Act.

     SEC. _09. REMOVE CRIMINAL PENALTIES FOR CARRYING A FIREARM IN 
                   ONE'S DWELLING OR OTHER PREMISES.

       (a) In General.--Section 4(a) of the Act of July 8, 1932 
     (47 Stat. 651; sec. 22-4504(a), D.C. Official Code) is 
     amended--
       (1) in the matter before paragraph (1), by striking ``a 
     pistol,'' and inserting the following: ``except in his 
     dwelling house or place of business or on other land 
     possessed by that person, whether loaded or unloaded, a 
     firearm,''; and
       (2) by striking ``except that:'' and all that follows 
     through ``(2) If the violation'' and inserting ``except that 
     if the violation''.
       (b) Conforming Amendment.--Section 5 of such Act (47 Stat. 
     651; sec. 22-4505, D.C. Official Code) is amended--
       (1) by striking ``pistol'' each place it appears and 
     inserting ``firearm''; and
       (2) by striking ``pistols'' each place it appears and 
     inserting ``firearms''.

     SEC. _10. AUTHORIZING PURCHASES OF FIREARMS BY DISTRICT 
                   RESIDENTS.

       Section 922 of title 18, United States Code, is amended in 
     paragraph (b)(3) by inserting after ``other than a State in 
     which the licensee's place of business is located'' the 
     following: ``, or to the sale or delivery of a handgun to a 
     resident of the District of Columbia by a licensee whose 
     place of business is located in Maryland or Virginia,''.

     SEC. _11. REPEALS OF DISTRICT OF COLUMBIA ACTS.

       The Firearms Registration Amendment Act of 2008 and the 
     Firearms Registration Emergency Amendment Act of 2008, as 
     passed by the District of Columbia, are repealed.

     SEC. _12. SEVERABILITY.

       Notwithstanding any other provision of this Act, if any 
     provision of this Act, or any amendment made by this Act, or 
     the application of such provision or amendment to any person 
     or circumstance is held to be unconstitutional, this title 
     and amendments made by this title, and the application of 
     such provision or amendment to other persons or circumstances 
     shall not be affected thereby.

     SEC. 13. EFFECTIVE DATE.

       This Act shall take effect 1 day after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 577. Mr. COBURN submitted an amendment intended to be proposed by 
him 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; which was ordered to lie on the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. ELIMINATION OF FEDERAL INCOME TAX FOR RESIDENTS OF 
                   THE DISTRICT OF COLUMBIA.

       Due to the unique status of the District of Columbia, 
     created by the Constitution of the United States, bona fide 
     residents of the District shall, notwithstanding any other 
     provision of law, be exempt from the individual Federal 
     income tax for taxable years beginning after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 578. Mr. COBURN submitted an amendment intended to be proposed by 
him 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; which was ordered to lie on the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. ELIMINATION OF FEDERAL INCOME TAX FOR RESIDENTS OF 
                   THE DISTRICT OF COLUMBIA.

       (a) In General.--Subpart D of part III of subchapter N of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following new section:

     ``SEC. 938. INCOME FROM SOURCES WITHIN THE DISTRICT OF 
                   COLUMBIA.

       ``(a) General Rule.--In the case of an individual who is a 
     bona fide resident of the District of Columbia during the 
     entire taxable year, gross income shall not include--
       ``(1) income derived from sources within the District of 
     Columbia; and
       ``(2) income effectively connected with the conduct of a 
     trade or business by such individual within the District of 
     Columbia.
       ``(b) Deductions, etc. Allocable to Excluded Amounts Not 
     Allowable.--An individual shall not be allowed--
       ``(1) as a deduction from gross income any deductions 
     (other than the deduction under section 151, relating to 
     personal exemptions); or
       ``(2) any credit, properly allocable or chargeable against 
     amounts excluded from gross income under this section.
       ``(c) Bona Fide Resident and Other Applicable Rules.--For 
     purposes of this section, rules similar to the rules of 
     section 876, 937, 957(c), 3401(a)(8)(D), and 7654 shall 
     apply.''.
       (b) Clerical Amendment.--The table of sections for subpart 
     D of part III of subchapter N of chapter 1 of such Code is 
     amended by adding at the end the following new item:

``Sec. 938. Income from sources within the District of Columbia.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years ending after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 579. Mr. THUNE (for himself, Mr. Vitter, Mr. Grassley, Mr. Wicker, 
Mr. Coburn, Mr. DeMint, Mr. Inhofe, Mr. Bennett, Mr. Enzi, Mr. Risch, 
Mr. Crapo, and Mr. Webb) proposed an amendment 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; as follows:

       At the appropriate place, insert the following:

     SEC. ___. RESPECTING STATES RIGHTS AND CONCEALED CARRY 
                   RECIPROCITY ACT OF 2009.

       (a) Short Title.--This section may be cited as the 
     ``Respecting States Rights and Concealed Carry Reciprocity 
     Act of 2009''.
       (b) Reciprocity for the Carrying of Certain Concealed 
     Firearms.--
       (1) In general.--Chapter 44 of title 18, United States 
     Code, is amended by inserting after section 926C the 
     following:

     ``Sec. 926D. Reciprocity for the carrying of certain 
       concealed firearms

       ``Notwithstanding any provision of the law of any State or 
     the District of Columbia or political subdivision thereof--
       ``(1) a person who is not prohibited by Federal law from 
     possessing, transporting, shipping, or receiving a firearm, 
     and is carrying a valid license or permit which is issued 
     pursuant to the law of any State or the District of Columbia 
     and which permits the person to carry a concealed firearm, 
     may carry in any State or the District of Columbia a 
     concealed firearm in accordance with the terms of the license 
     or permit, subject to the laws of the State or the District 
     of Columbia in which the firearm is carried concerning 
     specific types of locations in which firearms may not be 
     carried; and
       ``(2) a person who is not prohibited by Federal law from 
     possessing, transporting, shipping, or receiving a firearm, 
     and is otherwise than as described in paragraph (1) entitled 
     to carry a concealed firearm in and pursuant to the law of 
     the State or the District of Columbia in which the person 
     resides, may carry in any State or the District of Columbia a 
     concealed firearm in accordance with the laws of the State or 
     the District of Columbia in which the person resides, subject 
     to the laws of the State or the District of Columbia in which 
     the firearm is carried concerning specific types of locations 
     in which firearms may not be carried.''.
       (2) Clerical amendment.--The table of sections for chapter 
     44 of title 18 is amended by inserting after the item 
     relating to section 926C the following:

``926D. Reciprocity for the carrying of certain concealed firearms.''.

       (c) Severability.--If any other provision of this Act, 
     another amendment made by this Act, or the application of 
     such provision or amendment to any person or circumstance is 
     held to be unconstitutional,

[[Page 5564]]

     this section and the application of the provisions of such to 
     any person or circumstance shall not be affected thereby.
       (d) Effective Date.--The amendments made by this section 
     shall take effect 90 days after the date of enactment of this 
     Act.
                                 ______
                                 
  SA 580. Mr. COBURN submitted an amendment intended to be proposed by 
him 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; which was ordered to lie on the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. NO FEDERAL INCOME TAXES FOR RESIDENTS OF THE 
                   DISTRICT OF COLUMBIA.

       (a) In General.--Subpart D of part III of subchapter N of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following new section:

     ``SEC. 938. INCOME FROM SOURCES WITHIN THE DISTRICT OF 
                   COLUMBIA.

       ``(a) General Rule.--In the case of an individual who is a 
     bona fide resident of the District of Columbia (other than a 
     Member of Congress) during the entire taxable year, gross 
     income shall not include--
       ``(1) income derived from sources within the District of 
     Columbia; and
       ``(2) income effectively connected with the conduct of a 
     trade or business by such individual within the District of 
     Columbia.
       ``(b) Deductions, etc. Allocable to Excluded Amounts Not 
     Allowable.--An individual shall not be allowed--
       ``(1) as a deduction from gross income any deductions 
     (other than the deduction under section 151, relating to 
     personal exemptions); or
       ``(2) any credit, properly allocable or chargeable against 
     amounts excluded from gross income under this section.
       ``(c) Bona Fide Resident and Other Applicable Rules.--For 
     purposes of this section, rules similar to the rules of 
     sections 876, 937, 957(c), 3401(a)(8)(D), and 7654 shall 
     apply.''.
       (b) Clerical Amendment.--The table of sections for subpart 
     D of part III of subchapter N of chapter 1 of such Code is 
     amended by adding at the end the following new item:

``Sec. 938. Income from sources within the District of Columbia.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years ending after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 581. Mr. COBURN submitted an amendment intended to be proposed by 
him 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; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. ELIMINATION OF FEDERAL INCOME TAX FOR RESIDENTS OF 
                   THE DISTRICT OF COLUMBIA.

       Due to the unique status of the District of Columbia, 
     created by the Constitution of the United States, bona fide 
     residents of the District (other than Members of Congress) 
     shall, notwithstanding any other provision of law, be exempt 
     from the individual Federal income tax for taxable years 
     beginning after the date of the enactment of this Act.
                                 ______
                                 
  SA 582. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her 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; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. __. COVERAGE OF .50 BMG CALIBER SNIPER RIFLES UNDER THE 
                   GUN CONTROL ACT OF 1968.

       (a) In General.--Section 921(a)(4)(B) of title 18, United 
     States Code, is amended--
       (1) by striking ``any type of weapon'' and inserting the 
     following: ``any--
       ``(i) type of weapon''; and
       (2) by striking ``and'' at the end and inserting the 
     following: ``or
       ``(ii) .50 BMG caliber sniper rifle; and''.
       (b) Definition of .50 BMG Caliber Sniper Rifle.--Section 
     921(a) of title 18, United States Code, is amended by adding 
     at the end the following:
       ``(36) The term `.50 BMG caliber sniper rifle' means--
       ``(A) a rifle capable of firing a center-fire cartridge in 
     .50 BMG caliber, including a 12.7 mm equivalent of .50 BMG 
     and any other metric equivalent; or
       ``(B) a copy or duplicate of any rifle described in 
     subparagraph (A), or any other rifle developed and 
     manufactured after the date of enactment of this paragraph, 
     regardless of caliber, if such rifle is capable of firing a 
     projectile that attains a muzzle energy of 12,000 foot-pounds 
     or greater in any combination of bullet, propellant, case, or 
     primer.''.
       (c) Coverage of .50 BMG Caliber Sniper Rifles Under the 
     National Firearms Act.--
       (1) In general.--Section 5845(f) of the National Firearms 
     Act (26 U.S.C. 5845(f)) is amended--
       (A) by striking ``and (3)'' and inserting ``(3) any .50 BMG 
     caliber sniper rifle (as that term is defined in section 921 
     of title 18, United States Code); and (4)''; and
       (B) by striking ``(1) and (2)'' and inserting ``(1), (2), 
     or (3)''.
       (2) Modification to definition of rifle.--Section 5845(c) 
     of the National Firearms Act (26 U.S.C. 5845(c)) is amended 
     by inserting ``or from a bipod or other support'' after 
     ``shoulder''.
       (d) Implementation.--Not later than 30 days after the date 
     of enactment of this Act, the Attorney General shall 
     implement regulations providing for notice and registration 
     of .50 BMG caliber sniper rifles as destructive devices (as 
     those terms are defined in section 921 of title 18, United 
     States Code, as amended by this section) under this section 
     and the amendments made by this section, including the use of 
     a notice and registration process similar to that used when 
     the USAS-12, Striker 12, and Streetsweeper shotguns were 
     reclassified as destructive devices and registered between 
     1994 and 2001 (ATF Ruling 94-1 (ATF Q.B. 1994-1, 22); ATF 
     Ruling 94-2 (ATF Q.B. 1994-1, 24); and ATF Ruling 2001-1 (66 
     Fed. Reg. 9748)). The Attorney General shall ensure that 
     under the regulations issued under this subsection, the time 
     period for the registration of any previously unregistered 
     .50 BMG caliber sniper rifle shall end not later than 7 years 
     after the date of enactment of this Act.
                                 ______
                                 
  SA 583. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her 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; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. __. FOREIGN CONVICTIONS OF DANGEROUS CRIMES.

       (a) Courts.--Section 921(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(36) The term `any court' includes any Federal, State, or 
     foreign court.''.
       (b) Exclusion of Certain Felonies.--Section 921(a)(20) of 
     title 18, United States Code, is amended--
       (1) in subparagraph (A), by striking ``any Federal or State 
     offenses'' and inserting ``any Federal, State, or foreign 
     offenses'';
       (2) in subparagraph (B), by striking ``any State offense 
     classified by the laws of the State'' and inserting ``any 
     State or foreign offense classified by the laws of that 
     jurisdiction''; and
       (3) in the matter following subparagraph (B), in the first 
     sentence, by inserting before the period the following: ``, 
     except that a foreign conviction shall not constitute a 
     conviction of such a crime if the convicted person 
     establishes that the foreign conviction resulted from a 
     denial of fundamental fairness that would violate due process 
     if committed in the United States or from conduct that would 
     be legal if committed in the United States''.
       (c) Domestic Violence Crimes.--Section 921(a)(33) of title 
     18, United States Code, is amended--
       (1) in subparagraph (A), by striking ``subparagraph (C)'' 
     and inserting ``subparagraph (B)''; and
       (2) in subparagraph (B)(ii), by striking ``if the 
     conviction has'' and inserting the following: ``if the 
     conviction--
       ``(I) occurred in a foreign jurisdiction and the convicted 
     person establishes that the foreign conviction resulted from 
     a denial of fundamental fairness that would violate due 
     process if committed in the United States or from conduct 
     that would be legal if committed in the United States; or
       ``(II) has''.
       (d) Penalties.--Section 924(e)(2)(A)(ii) of title 18, 
     United States Code, is amended--
       (1) by striking ``an offense under State law'' and 
     inserting ``an offense under State or foreign law''; and
       (2) by inserting before the semicolon the following: ``, 
     except that a foreign conviction shall not constitute a 
     conviction of such a crime if the convicted person 
     establishes that the foreign conviction resulted from a 
     denial of fundamental fairness that would violate due process 
     if committed in the United States or from conduct that would 
     be legal if committed in the United States''.
                                 ______
                                 
  SA 584. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her 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; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. __. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR 
                   THE ARMED FORCES.

       (a) In General.--Section 1259 of title 28, United States 
     Code, is amended--
       (1) in paragraph (3), by inserting ``or denied'' after 
     ``granted''; and

[[Page 5565]]

       (2) in paragraph (4), by inserting ``or denied'' after 
     ``granted''.
       (b) Technical and Conforming Amendment.--Section 867a(a) of 
     title 10, United States Code, is amended by striking ``The 
     Supreme Court may not review by a writ of certiorari under 
     this section any action of the Court of Appeals for the Armed 
     Forces in refusing to grant a petition for review.''.
                                 ______
                                 
  SA 585. Mr. KYL proposed an amendment 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; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. RETROCESSION OF DISTRICT OF COLUMBIA TO MARYLAND.

       (a) In General.--Upon the issuance of a proclamation by the 
     President under section 6 and except as provided in 
     subsection (b), the territory ceded to Congress by the State 
     of Maryland to serve as the District constituting the 
     permanent seat of the Government of the United States is 
     ceded and relinquished to the State of Maryland.
       (b) Continuation of Federal Control Over National Capital 
     Service Area.--Notwithstanding subsection (a), Congress shall 
     continue to exercise exclusive legislative authority and 
     control over the District of Columbia, which shall consist of 
     the National Capital Service Area described in section 3.

     SEC. 2. EFFECT ON JUDICIAL PROCEEDINGS IN DISTRICT OF 
                   COLUMBIA.

       (a) Continuation of Suits.--No writ, action, indictment, 
     cause, or proceeding pending in any court of the District of 
     Columbia on the effective date of this Act shall abate as a 
     result of the enactment of this Act, but shall be transferred 
     and shall proceed within such appropriate court of the State 
     of Maryland as established under the laws or constitution of 
     the State of Maryland.
       (b) Appeals.--An order or decision of any court of the 
     District of Columbia for which no appeal has been filed as of 
     the effective date of this Act shall be considered an order 
     or decision of a court of the State of Maryland for purposes 
     of appeal from and appellate review of such order or decision 
     in an appropriate court of the State of Maryland.

     SEC. 3. NATIONAL CAPITAL SERVICE AREA.

       (a) Description.--The National Capital Service Area 
     referred to in section 1(b) is comprised of the principal 
     Federal monuments, the White House, the Capitol Building, the 
     United States Supreme Court Building, and the Federal 
     executive, legislative, and judicial office buildings located 
     adjacent to the Mall and the Capitol Building (but shall not 
     include the District Building), and is more particularly 
     described as the territory located within the following 
     boundaries:
       Beginning at the point on the present Virginia-District of 
     Columbia boundary due west of the northernmost point of 
     Theodore Roosevelt Island and running due east of the eastern 
     shore of the Potomac River;
       thence generally south along the shore at the mean high 
     water mark to the northwest corner of the Kennedy Center;
       thence east along the north side of the Kennedy Center to a 
     point where it reaches the E Street Expressway;
       thence east on the expressway to E Street Northwest and 
     thence east on E Street Northwest to Nineteenth Street 
     Northwest;
       thence north on Nineteenth Street Northwest to F Street 
     Northwest;
       thence east on F Street Northwest to Eighteenth Street 
     Northwest;
       thence south on Eighteenth Street Northwest to Constitution 
     Avenue Northwest;
       thence east on Constitution Avenue to Seventeenth Street 
     Northwest;
       thence north on Seventeenth Street Northwest to H Street 
     Northwest;
       thence east on H Street Northwest to Madison Place 
     Northwest;
       thence south on Madison Place Northwest to Pennsylvania 
     Avenue Northwest;
       thence east on Pennsylvania Avenue Northwest to Fifteenth 
     Street Northwest;
       thence south on Fifteenth Street Northwest to Pennsylvania 
     Avenue Northwest;
       thence southeast on Pennsylvania Avenue Northwest to Tenth 
     Street Northwest;
       thence north on Tenth Street Northwest to E Street 
     Northwest;
       thence east on E Street Northwest to Ninth Street 
     Northwest;
       thence south on Ninth Street Northwest to Pennsylvania 
     Avenue Northwest;
       thence southeast on Pennsylvania Avenue Northwest to John 
     Marshall Place Northwest;
       thence north on John Marshall Place Northwest to C Street 
     Northwest;
       thence east on C Street Northwest to Third Street 
     Northwest;
       thence north on Third Street Northwest to D Street 
     Northwest;
       thence east on D Street Northwest to Second Street 
     Northwest;
       thence south on Second Street Northwest to the intersection 
     of Constitution Avenue Northwest and Louisiana Avenue 
     Northwest;
       thence northeast on Louisiana Avenue Northwest to North 
     Capitol Street;
       thence north on North Capitol Street to Massachusetts 
     Avenue Northwest;
       thence southeast on Massachusetts Avenue Northwest so as to 
     encompass Union Square;
       thence following Union Square to F Street Northeast;
       thence east on F Street Northeast to Second Street 
     Northeast;
       thence south on Second Street Northeast to D Street 
     Northeast;
       thence west on D Street Northeast to First Street 
     Northeast;
       thence south on First Street Northeast to C Street 
     Northeast;
       thence east on C Street Northeast to Third Street 
     Northeast;
       thence south on Third Street Northeast to Maryland Avenue 
     Northeast;
       thence south and west on Maryland Avenue Northeast to 
     Constitution Avenue Northeast;
       thence west on Constitution Avenue Northeast to First 
     Street Northeast;
       thence south on First Street Northeast to Maryland Avenue 
     Northeast;
       thence generally north and east on Maryland Avenue to 
     Second Street Northeast;
       thence south on Second Street Northeast to East Capitol 
     Street;
       thence east on East Capitol Street to Third Street 
     Northeast;
       thence south on Third Street Northeast to Independence 
     Avenue Southeast;
       thence west on Independence Avenue Southeast to Second 
     Street Southeast;
       thence south on Second Street Southeast to C Street 
     Southeast;
       thence west on C Street Southeast to New Jersey Avenue 
     Southeast;
       thence south on New Jersey Avenue Southeast to D Street 
     Southeast;
       thence west on D Street Southeast to Washington Avenue 
     Southwest;
       thence north and west on Washington Avenue Southwest to the 
     intersection of Independence Avenue Southwest and Second 
     Street Southwest;
       thence south on Second Street Southwest to Virginia Avenue 
     Southwest;
       thence generally west on Virginia Avenue to Third Street 
     Southwest;
       thence north on Third Street Southwest to C Street 
     Southwest;
       thence west on C Street Southwest to Sixth Street 
     Southwest;
       thence south on Sixth Street Southwest to E Street 
     Southwest;
       thence west on E Street Southwest to Seventh Street 
     Southwest;
       thence north on Seventh Street Southwest to Maryland Avenue 
     Southwest;
       thence west on Maryland Avenue Southwest to Ninth Street 
     Southwest;
       thence north on Ninth Street Southwest to Independence 
     Avenue Southwest;
       thence west on Independence Avenue Southwest to Twelfth 
     Street Southwest;
       thence south on Twelfth Street Southwest to D Street 
     Southwest;
       thence west on D Street Southwest to Fourteenth Street 
     Southwest;
       thence south on Fourteenth Street Southwest to the middle 
     of the Washington Channel;
       thence generally south and east along the midchannel of the 
     Washington Channel to a point due west of the northern 
     boundary line of Fort Lesley McNair;
       thence due east to the side of the Washington Channel;
       thence following generally south and east along the side of 
     the Washington Channel at the mean high water mark, to the 
     point of confluence with the Anacostia River, and along the 
     northern shore at the mean high water mark to the 
     northernmost point of the Eleventh Street Bridge;
       thence generally south and west along such shore at the 
     mean high water mark to the point of confluence of the 
     Anacostia and Potomac Rivers;
       thence generally south and east along the northern side of 
     the Eleventh Street Bridge to the eastern shore of the 
     Anacostia River;
       thence generally south along the eastern shore at the mean 
     high water mark of the Potomac River to the point where it 
     meets the present southeastern boundary line of the District 
     of Columbia;
       thence south and west along such southeastern boundary line 
     to the point where it meets the present Virginia-District of 
     Columbia boundary;
       thence generally north and west up the Potomac River along 
     the Virginia-District of Columbia boundary to the point of 
     beginning.
       (b) Streets and Sidewalks.--The National Capital Service 
     Area shall include any street (and sidewalk thereof) that 
     bounds such Area.
       (c) Affronting or Abutting Federal Real Property.--
       (1) In general.--The National Capital Service Area shall 
     include any Federal real property affronting or abutting such 
     Area as of the effective date of this Act.
       (2) Property included.--For purposes of paragraph (1), 
     Federal real property affronting or abutting the National 
     Capital Service Area shall--
       (A) include the Department of Housing and Urban Development 
     Building, the Department of Energy Building, Fort Lesley 
     McNair, the Washington Navy Yard, the Anacostia Naval Annex, 
     the United States Naval Station, Bolling Air Force Base, and 
     the Naval Research Laboratory; and
       (B) not include any portion of Rock Creek Park, any portion 
     of Anacostia Park east of

[[Page 5566]]

     the northern side of the Eleventh Street Bridge, or any 
     territory not located in the District of Columbia on the day 
     before the date of the enactment of this Act.

     SEC. 4. TRANSITION PROVISIONS RELATING TO HOUSE OF 
                   REPRESENTATIVES.

       (a) Temporary Increase in Apportionment.--
       (1) In general.--Until the taking effect of the first 
     reapportionment occurring after the effective date of this 
     Act--
       (A) the individual serving as the Delegate to the House of 
     Representatives from the District of Columbia shall serve as 
     a member of the House of Representatives from the State of 
     Maryland;
       (B) the State of Maryland shall be entitled to 1 additional 
     Representative until the taking effect of such 
     reapportionment; and
       (C) such Representative shall be in addition to the 
     membership of the House of Representatives as now prescribed 
     by law.
       (2) Increase not counted against total number of members.--
     The temporary increase in the membership of the House of 
     Representatives provided under paragraph (1) shall not 
     operate to either increase or decrease the permanent 
     membership of the House of Representatives as prescribed in 
     the Act of August 8, 1911 (37 Stat. 13; 2 U.S.C. 2), nor 
     shall such temporary increase affect the basis of 
     reapportionment established by the Act of November 15, 1941 
     (55 Stat. 761; 2 U.S.C. 2a), for the 82nd Congress and each 
     Congress thereafter.
       (b) Repeal of Laws Providing for Delegate From the District 
     of Columbia.--Sections 202 and 204 of the District of 
     Columbia Delegate Act (Public Law 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.

     SEC. 5. EFFECT ON OTHER LAWS.

       No law or regulation which is in force on the effective 
     date of this Act shall be deemed amended or repealed by this 
     Act except to the extent specifically provided in this Act, 
     or to the extent that such law or regulation is inconsistent 
     with this Act.

     SEC. 6. PROCLAMATION REGARDING ACCEPTANCE OF RETROCESSION BY 
                   MARYLAND.

       Not later than 30 days after the State of Maryland enacts 
     legislation accepting the retrocession described in section 
     1(a), the President shall issue a proclamation announcing 
     such acceptance and declaring that the territory ceded to 
     Congress by the State of Maryland to serve as the District 
     constituting the permanent seat of the Government of the 
     United States has been ceded back to the State of Maryland.

     SEC. 7. EFFECTIVE DATE.

       The provisions of this Act and the amendments made by this 
     Act shall take effect on the date the President issues a 
     proclamation under section 6 or the date of the ratification 
     of an amendment to the Constitution of the United States 
     repealing the twenty-third article of amendment to the 
     Constitution, whichever comes later.
                                 ______
                                 
  SA 586. Mr. DURBIN submitted an amendment intended to be proposed by 
him 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; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. __. BAN ON FIREARM FOR PERSON CONVICTED OF A MISDEMEANOR 
                   SEX OFFENSE AGAINST A MINOR.

       (a) Disposition of Firearm.--Section 922(d) of title 18, 
     United States Code, is amended--
       (1) in paragraph (8), by striking ``or'' at the end;
       (2) in paragraph (9), by striking the period at the end and 
     inserting ``; or''; and
       (3) by inserting after paragraph (9) the following:
       ``(10) has been convicted in any court of a misdemeanor sex 
     offense against a minor.''.
       (b) Possession of Firearm.--Section 922(g) of title 18, 
     United States Code, is amended--
       (1) in paragraph (8), by striking ``or'' at the end;
       (2) in paragraph (9), by striking the comma at the end and 
     inserting ``; or''; and
       (3) by inserting after paragraph (9) the following:
       ``(10) has been convicted in any court of a misdemeanor sex 
     offense against a minor,''.
       (c) Misdemeanor Sex Offense Against a Minor Defined.--
     Section 921(a) of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(36) The term `misdemeanor sex offense against a minor' 
     means a sex offense against a minor punishable by 
     imprisonment for not more than 1 year.
       ``(37) The term `sex offense' means a criminal offense that 
     has, as an element, a sexual act or sexual contact with 
     another, or an attempt or conspiracy to commit such an 
     offense.
       ``(38) The term `minor' means an individual who has not 
     attained 18 years of age.''.
                                 ______
                                 
  SA 587. Mr. ENSIGN (for himself and Mr. Voinovich) submitted an 
amendment intended to be proposed by him 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; which was ordered to 
lie on the table; as follows:

       At the end, add the following:

     SEC. __. REAUTHORIZATION OF THE DC SCHOOL CHOICE INCENTIVE 
                   ACT OF 2003.

       (a) Reauthorization.--Section 313 of the DC School Choice 
     Incentive Act of 2003 (title III of division C of Public Law 
     108-199, 118 Stat. 134) is amended by striking ``fiscal year 
     2004 and such sums as may be necessary for each of the 4 
     succeeding fiscal years'' and inserting ``fiscal year 2010''.
       (b) Severability.--Notwithstanding section 7, if any 
     provision of this Act (other than this section), any 
     amendment made by this Act (other than by this section), or 
     the application of such provision or amendment to any person 
     or circumstance is held to be unconstitutional, this section, 
     the amendment made by this section, and the application of 
     such to any person or circumstance shall not be affected 
     thereby.
                                 ______
                                 
  SA 588. Mr. MARTINEZ submitted an amendment intended to be proposed 
by him 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; which was ordered to lie on the table; as follows:

       On page 28, after line 18, add the following:

                         TITLE __--PUERTO RICO

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Puerto Rico Democracy Act 
     of 2009''.

     SEC. 202. DEFINITIONS.

       In this title:
       (1) Commission.--The term ``Commission'' means the Puerto 
     Rico State Elections Commission.
       (2) Commonwealth.--The term ``Commonwealth'' means the 
     Commonwealth of Puerto Rico.

     SEC. 203. PLEBISCITE.

       (a) In General.--During the 111th Congress, but not later 
     than December 31, 2010, the Commission shall conduct a 
     plebiscite in the Commonwealth, the ballot of which shall 
     provide for voters to choose only 1 of the following options:
       (1) ``The Commonwealth of Puerto Rico should continue to 
     have its present status and relationship with the United 
     States. If you agree, mark here____.''.
       (2) ``The Commonwealth of Puerto Rico should seek 
     independence from the United States. If you agree, mark here 
     ______.''.
       (3) ``The Commonwealth of Puerto Rico should seek 
     nationhood in free association with the United States. If you 
     agree, mark here _________.''
       (4) ``The Commonwealth of Puerto Rico should seek admission 
     as a State of the United States. If you agree, mark here 
     _________.''
       (b) Rules and Regulations.--The Commission shall issue any 
     rules and regulations necessary to conduct the plebiscite 
     under subsection (a).
       (c) Certification of Results.--The Commission shall certify 
     the results of the plebiscite conducted under subsection (a) 
     to the President and each member of Congress.
       (d) Federal Court Jurisdiction.--The Federal courts of the 
     United States shall have jurisdiction over any legal claim or 
     controversy arising from the implementation of this title.

     SEC. 204. AVAILABILITY OF FUNDS FOR THE SELF-DETERMINATION 
                   PROCESS.

       (a) Availability of Amounts Derived From Tax on Foreign 
     Rum.--During the period beginning on October 1, 2008, and 
     ending on the date on which the results of the plebiscite 
     have been certified under section 203(c), the Secretary of 
     the Treasury shall allocate to the Commission, from amounts 
     that would otherwise be covered into the treasury of the 
     Commonwealth under section 7652(e)(1) of the Internal Revenue 
     Code of 1986, not more than $5,000,000 to pay the costs 
     incurred by the Commission in conducting the plebiscite, as 
     determined by the President, in consultation with the 
     Commission.
       (b) Use of Funds for Educational and Other Materials.--In 
     allocating amounts to the Commission under subsection (a), 
     the Secretary shall ensure that the content of any Commission 
     voter education materials to be prepared by the Commission 
     using those amounts are not incompatible with the 
     Constitution and the laws and policies of the United States.
                                 ______
                                 
  SA 589. Mr. LAUTENBERG submitted an amendment intended to be proposed 
by him 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; which was ordered to lie on the table; as follows:

       At the end, add the following:

[[Page 5567]]



     SEC. __. GRANTING THE ATTORNEY GENERAL THE AUTHORITY TO DENY 
                   THE SALE, DELIVERY, OR TRANSFER OF A FIREARM OR 
                   THE ISSUANCE OF A FIREARMS OR EXPLOSIVES 
                   LICENSE OR PERMIT TO DANGEROUS TERRORISTS.

       (a) Standard for Exercising Attorney General Discretion 
     Regarding Transferring Firearms or Issuing Firearms Permits 
     to Dangerous Terrorists.--Chapter 44 of title 18, United 
     States Code, is amended--
       (1) by inserting after section 922 the following:

     ``Sec. 922A. Attorney General's discretion to deny transfer 
       of a firearm

       ``The Attorney General may deny the transfer of a firearm 
     under section 922(t)(1)(B)(ii) of this title if the Attorney 
     General--
       ``(1) determines that the transferee is known (or 
     appropriately suspected) to be or have been engaged in 
     conduct constituting, in preparation for, in aid of, or 
     related to terrorism, or providing material support or 
     resources for terrorism; and
       ``(2) has a reasonable belief that the prospective 
     transferee may use a firearm in connection with terrorism.

     ``Sec. 922B. Attorney General's discretion regarding 
       applicants for firearm permits which would qualify for the 
       exemption provided under section 922(t)(3)

       ``The Attorney General may determine that--
       ``(1) an applicant for a firearm permit which would qualify 
     for an exemption under section 922(t) is known (or 
     appropriately suspected) to be or have been engaged in 
     conduct constituting, in preparation for, in aid of, or 
     related to terrorism, or providing material support or 
     resources for terrorism; and
       ``(2) the Attorney General has a reasonable belief that the 
     applicant may use a firearm in connection with terrorism.'';
       (2) in section 921(a), by adding at the end the following:
       ``(36) The term `terrorism' includes international 
     terrorism and domestic terrorism, as those terms are defined 
     in section 2331 of this title.
       ``(37) The term `material support or resources' has the 
     same meaning as in section 2339A of this title.
       ``(38) The term `responsible person' means an individual 
     who has the power, directly or indirectly, to direct or cause 
     the direction of the management and policies of the applicant 
     or licensee pertaining to firearms.''; and
       (3) in the table of sections, by inserting after the item 
     relating to section 922 the following:

``922A. Attorney General's discretion to deny transfer of a firearm.
``922B. Attorney General's discretion regarding applicants for firearm 
              permits which would qualify for the exemption provided 
              under section 922(t)(3).''.

       (b) Effect of Attorney General Discretionary Denial Through 
     the National Instant Criminal Background Check System (NICS) 
     on Firearms Permits.--Section 922(t) of title 18, United 
     States Code, is amended--
       (1) in paragraph (1)(B)(ii), by inserting ``or State law, 
     or that the Attorney General has determined to deny the 
     transfer of a firearm pursuant to section 922A of this 
     title'' before the semicolon;
       (2) in paragraph (2), in the matter preceding subparagraph 
     (A), by inserting ``, or if the Attorney General has not 
     determined to deny the transfer of a firearm pursuant to 
     section 922A of this title'' after ``or State law'';
       (3) in paragraph (3)--
       (A) in subparagraph (A)--
       (i) in clause (i)--

       (I) in subclause (I), by striking ``and'' at the end; and
       (II) by adding at the end the following:

       ``(III) was issued after a check of the system established 
     pursuant to paragraph (1);'';
       (ii) in clause (ii), by inserting ``and'' after the 
     semicolon; and
       (iii) by adding at the end the following:
       ``(iii) the State issuing the permit agrees to deny the 
     permit application if such other person is the subject of a 
     determination by the Attorney General pursuant to section 
     922B of this title;'';
       (4) in paragraph (4), by inserting ``, or if the Attorney 
     General has not determined to deny the transfer of a firearm 
     pursuant to section 922A of this title'' after ``or State 
     law''; and
       (5) in paragraph (5), by inserting ``, or if the Attorney 
     General has determined to deny the transfer of a firearm 
     pursuant to section 922A of this title'' after ``or State 
     law''.
       (c) Unlawful Sale or Disposition of Firearm Based Upon 
     Attorney General Discretionary Denial.--Section 922(d) of 
     title 18, United States Code, is amended--
       (1) in paragraph (8), by striking ``or'' at the end;
       (2) in paragraph (9), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(10) has been the subject of a determination by the 
     Attorney General under section 922A, 922B, 923(d)(3), or 
     923(e) of this title.''.
       (d) Attorney General Discretionary Denial as Prohibitor.--
     Section 922(g) of title 18, United States Code, is amended--
       (1) in paragraph (8), by striking ``or'' at the end;
       (2) in paragraph (9), by striking the comma at the end and 
     inserting ``; or''; and
       (3) by inserting after paragraph (9) the following:
       ``(10) who has received actual notice of the Attorney 
     General's determination made under section 922A, 922B, 
     923(d)(3), or 923(e) of this title,''.
       (e) Attorney General Discretionary Denial of Federal 
     Firearms Licenses.--Section 923(d) of title 18, United States 
     Code, is amended--
       (1) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``Any'' and inserting ``Except as provided 
     in paragraph (3), any''; and
       (2) by adding at the end the following:
       ``(3) The Attorney General may deny a license application 
     under paragraph (1) if the Attorney General determines that 
     the applicant (including any responsible person) is known (or 
     appropriately suspected) to be or have been engaged in 
     conduct constituting, in preparation for, in aid of, or 
     related to terrorism, or providing material support or 
     resources for terrorism, and the Attorney General has a 
     reasonable belief that the applicant may use a firearm in 
     connection with terrorism.''.
       (f) Discretionary Revocation of Federal Firearms 
     Licenses.--Section 923(e) of title 18, United States Code, is 
     amended--
       (1) by inserting ``(1)'' after ``(e)'';
       (2) by striking ``revoke any license'' and inserting the 
     following: ``revoke--
       ``(A) any license'';
       (3) by striking ``. The Attorney General may, after notice 
     and opportunity for hearing, revoke the license'' and 
     inserting the following: ``;
       ``(B) the license''; and
       (4) by striking ``. The Secretary's action'' and inserting 
     the following: ``; or
       ``(C) any license issued under this section if the Attorney 
     General determines that the holder of such license (including 
     any responsible person) is known (or appropriately suspected) 
     to be or have been engaged in conduct constituting, in 
     preparation for, in aid of, or related to terrorism or 
     providing material support or resources for terrorism, and 
     the Attorney General has a reasonable belief that the 
     applicant may use a firearm in connection with terrorism.
       ``(2) The Attorney General's action''.
       (g) Attorney General's Ability to Withhold Information in 
     Firearms License Denial and Revocation Suit.--
       (1) In general.--Section 923(f)(1) of title 18, United 
     States Code, is amended by inserting after the first sentence 
     the following: ``However, if the denial or revocation is 
     pursuant to subsection (d)(3) or (e)(3), any information upon 
     which the Attorney General relied for this determination may 
     be withheld from the petitioner, if the Attorney General 
     determines that disclosure of the information would likely 
     compromise national security.''.
       (2) Summaries.--Section 923(f)(3) of title 18, United 
     States Code, is amended by inserting after the third sentence 
     the following: ``With respect to any information withheld 
     from the aggrieved party under paragraph (1), the United 
     States may submit, and the court may rely upon, summaries or 
     redacted versions of documents containing information the 
     disclosure of which the Attorney General has determined would 
     likely compromise national security.''.
       (h) Attorney General's Ability to Withhold Information in 
     Relief From Disabilities Lawsuits.--Section 925(c) of title 
     18, United States Code, is amended by inserting after the 
     third sentence the following: ``If the person is subject to a 
     disability under section 922(g)(10) of this title, any 
     information which the Attorney General relied on for this 
     determination may be withheld from the applicant if the 
     Attorney General determines that disclosure of the 
     information would likely compromise national security. In 
     responding to the petition, the United States may submit, and 
     the court may rely upon, summaries or redacted versions of 
     documents containing information the disclosure of which the 
     Attorney General has determined would likely compromise 
     national security.''.
       (i) Penalties.--Section 924(k) of title 18, United States 
     Code, is amended--
       (1) in paragraph (2), by striking ``or'' at the end;
       (2) in paragraph (3), by striking the comma at the end and 
     inserting ``; or''; and
       (3) by inserting after paragraph (3) the following:
       ``(4) constitutes an act of terrorism, or providing 
     material support or resources for terrorism,''.
       (j) Remedy for Erroneous Denial of Firearm or Firearm 
     Permit Exemption.--
       (1) In general.--Section 925A of title 18, United States 
     Code, is amended--
       (A) in the section heading, by striking ``Remedy for 
     erroneous denial of firearm'' and inserting ``Remedies'';
       (B) by striking ``Any person denied a firearm pursuant to 
     subsection (s) or (t) of section 922'' and inserting the 
     following:
       ``(a) Except as provided in subsection (b), any person 
     denied a firearm pursuant to subsection (t) of section 922 or 
     a firearm permit pursuant to a determination made under 
     section 922B''; and

[[Page 5568]]

       (C) by adding at the end the following:
       ``(b) In any case in which the Attorney General has denied 
     the transfer of a firearm to a prospective transferee 
     pursuant to section 922A of this title or has made a 
     determination regarding a firearm permit applicant pursuant 
     to section 922B of this title, an action challenging the 
     determination may be brought against the United States. The 
     petition shall be filed not later than 60 days after the 
     petitioner has received actual notice of the Attorney 
     General's determination under section 922A or 922B of this 
     title. The court shall sustain the Attorney General's 
     determination upon a showing by the United States by a 
     preponderance of evidence that the Attorney General's 
     determination satisfied the requirements of section 922A or 
     922B, as the case may be. To make this showing, the United 
     States may submit, and the court may rely upon, summaries or 
     redacted versions of documents containing information the 
     disclosure of which the Attorney General has determined would 
     likely compromise national security. Upon request of the 
     petitioner or the court's own motion, the court may review 
     the full, undisclosed documents ex parte and in camera. The 
     court shall determine whether the summaries or redacted 
     versions, as the case may be, are fair and accurate 
     representations of the underlying documents. The court shall 
     not consider the full, undisclosed documents in deciding 
     whether the Attorney General's determination satisfies the 
     requirements of section 922A or 922B.''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 44 of title 18, United States Code, is 
     amended by striking the item relating to section 925A and 
     inserting the following:

``925A. Remedies.''.

       (k) Provision of Grounds Underlying Ineligibility 
     Determination by the National Instant Criminal Background 
     Check System.--Section 103 of the Brady Handgun Violence 
     Prevention Act (18 U.S.C. 922 note) is amended--
       (1) in subsection (f)--
       (A) by inserting ``or the Attorney General has made a 
     determination regarding an applicant for a firearm permit 
     pursuant to section 922B of title 18, United States Code,'' 
     after ``is ineligible to receive a firearm''; and
       (B) by inserting ``except any information for which the 
     Attorney General has determined that disclosure would likely 
     compromise national security,'' after ``reasons to the 
     individual,''; and
       (2) in subsection (g)--
       (A) the first sentence--
       (i) by inserting ``or if the Attorney General has made a 
     determination pursuant to section 922A or 922B of title 18, 
     United States Code,'' after ``or State law,''; and
       (ii) by inserting ``, except any information for which the 
     Attorney General has determined that disclosure would likely 
     compromise national security'' before the period at the end ; 
     and
       (B) by adding at the end the following: ``Any petition for 
     review of information withheld by the Attorney General under 
     this subsection shall be made in accordance with section 925A 
     of title 18, United States Code.''.
       (l) Unlawful Distribution of Explosives Based Upon Attorney 
     General Discretionary Denial.--Section 842(d) of title 18, 
     United States Code, is amended--
       (1) in paragraph (9), by striking the period and inserting 
     ``; or''; and
       (2) by adding at the end the following:
       ``(10) has received actual notice of the Attorney General's 
     determination made pursuant to subsection (d) or (j) of 
     section 843 of this title.''.
       (m) Attorney General Discretionary Denial as Prohibitor.--
     Section 842(i) of title 18, United States Code, is amended--
       (1) in paragraph (7), by adding ``; or'' at the end; and
       (2) by inserting after paragraph (7) the following:
       ``(8) who has received actual notice of the Attorney 
     General's determination made pursuant to subsection (d) or 
     (j) of section 843 of this title,''.
       (n) Attorney General Discretionary Denial of Federal 
     Explosives Licenses and Permits.--Section 843 of title 18, 
     United States Code, is amended--
       (1) in subsection (b), by striking ``Upon'' and inserting 
     ``Except as provided in subsection (j), upon''; and
       (2) by adding at the end the following:
       ``(j) The Attorney General may deny the issuance of a 
     permit or license to an applicant under subsection (b) if the 
     Attorney General determines that the applicant or a 
     responsible person or employee possessor thereof is known (or 
     appropriately suspected) to be or have been engaged in 
     conduct constituting, in preparation of, in aid of, or 
     related to terrorism, or providing material support or 
     resources for terrorism, and the Attorney General has a 
     reasonable belief that the person may use explosives in 
     connection with terrorism.''.
       (o) Attorney General Discretionary Revocation of Federal 
     Explosives Licenses and Permits.--Section 843(d) of title 18, 
     United States Code, is amended--
       (1) by inserting ``(1)'' after ``(d)'';
       (2) by striking ``if in the opinion'' and inserting the 
     following: ``if--
       ``(A) in the opinion''; and
       (3) by striking ``. The Secretary's action'' and inserting 
     the following: ``; or
       ``(B) the Attorney General determines that the licensee or 
     holder (or any responsible person or employee possessor 
     thereof) is known (or appropriately suspected) to be or have 
     been engaged in conduct constituting, in preparation for, in 
     aid of, or related to terrorism, or providing material 
     support or resources for terrorism, and that the Attorney 
     General has a reasonable belief that the person may use 
     explosives in connection with terrorism.
       ``(2) The Attorney General's action''.
       (p) Attorney General's Ability to Withhold Information in 
     Explosives License and Permit Denial and Revocation Suits.--
     Section 843(e) of title 18, United States Code, is amended--
       (1) in paragraph (1), by inserting after the first sentence 
     the following: ``However, if the denial or revocation is 
     based upon an Attorney General determination under subsection 
     (d) or (j), any information which the Attorney General relied 
     on for this determination may be withheld from the petitioner 
     if the Attorney General determines that disclosure of the 
     information would likely compromise national security.''; and
       (2) in paragraph (2), by adding at the end the following: 
     ``In responding to any petition for review of a denial or 
     revocation based upon an Attorney General determination under 
     subsection (d) or (j), the United States may submit, and the 
     court may rely upon, summaries or redacted versions of 
     documents containing information the disclosure of which the 
     Attorney General has determined would likely compromise 
     national security.''.
       (q) Ability to Withhold Information in Communications to 
     Employers.--Section 843(h)(2) of title 18, United States 
     Code, is amended--
       (1) in subparagraph (A), by inserting ``or in subsection 
     (b)(1) of this section (on grounds of terrorism)'' after 
     ``section 842(i)''; and
       (2) in subparagraph (B)--
       (A) in the matter preceding clause (i), by inserting ``or 
     in subsection (j) of this section,'' after ``section 
     842(i),''; and
       (B) in clause (ii), by inserting ``, except that any 
     information that the Attorney General relied on for a 
     determination pursuant to subsection (j) may be withheld if 
     the Attorney General concludes that disclosure of the 
     information would likely compromise national security'' after 
     ``determination''.
       (r) Conforming Amendment to Immigration and Nationality 
     Act.--Section 101(a)(43)(E)(ii) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(43)(E)(ii)) is amended by 
     striking ``or (5)'' and inserting ``(5), or (10)''.
                                 ______
                                 
  SA 590. Mr. LAUTENBERG (for himself and Mr. Reed) submitted an 
amendment intended to be proposed by him 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; which was ordered to 
lie on the table; as follows:

       At the end of the bill, add the following:

            TITLE II--GUN SHOW LOOPHOLE CLOSING ACT OF 2009

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Gun Show Loophole Closing 
     Act of 2009''.

     SEC. 202. DEFINITIONS.

       Section 921(a) of title 18, United States Code, is amended 
     by adding at the end the following:
       ``(36) The term `special firearms event'--
       ``(A) means any event at which 75 or more firearms are 
     offered or exhibited for sale, exchange, or transfer, if 1 or 
     more of the firearms has been shipped or transported in, or 
     otherwise affects, interstate or foreign commerce;
       ``(B) does not include an offer or exhibit of firearms for 
     sale, exchange, or transfer by an individual from the 
     personal collection of that individual, at the private 
     residence of that individual, if the individual is not 
     required to be licensed under section 923 or 932; and
       ``(C) does not include an offer or exhibit of firearms for 
     sale, exchange, or transfer at events conducted and attended 
     by permanent or annual dues paying members, and their 
     immediate family, of private, not-for-profit organizations 
     whose primary purpose is owning and maintaining real property 
     for the purpose of hunting activities.
       ``(37) The term `special firearms event licensee' means any 
     person who has obtained and holds a valid license in 
     compliance with section 932(d) and who is authorized to 
     contact the national instant criminal background check system 
     on behalf of another individual, who is not licensed under 
     this chapter, for the purpose of conducting a background 
     check for a potential firearms transfer at a special firearms 
     event in accordance with section 932(c).
       ``(38) The term `special firearms event vendor' means any 
     person who is not required to be licensed under section 923 
     and who exhibits, sells, offers for sale, transfers, or 
     exchanges 1 or more firearms at a special firearms event, 
     regardless of whether or not the person arranges with the 
     special firearms

[[Page 5569]]

     event promoter for a fixed location from which to exhibit, 
     sell, offer for sale, transfer, or exchange 1 or more 
     firearms.''.

     SEC. 203. REGULATION OF FIREARMS TRANSFERS AT SPECIAL 
                   FIREARMS EVENTS.

       (a) In General.--Chapter 44 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 932. Regulation of firearms transfers at special 
       firearms events

       ``(a) Special Firearms Events Operators.--It shall be 
     unlawful for a special firearms events operator to organize, 
     plan, promote, or operate a special firearms event unless 
     that operator--
       ``(1) before the commencement of the special firearms 
     event, or in the case of a vendor who arrives after the 
     commencement of the event, upon the arrival of the vendor, 
     verifies the identity of each special firearms event vendor 
     participating in the special firearms event by examining a 
     valid identification document (as defined in section 
     1028(d)(2)) of the vendor containing a photograph of the 
     vendor;
       ``(2) before the commencement of the special firearms 
     event, or in the case of a vendor who arrives after the 
     commencement of the event, upon the arrival of the vendor, 
     requires each special firearms event vendor to sign--
       ``(A) a ledger with identifying information concerning the 
     vendor; and
       ``(B) a notice advising the vendor of the obligations of 
     the vendor under this chapter;
       ``(3) notifies each person who attends the special firearms 
     event of the requirements of this chapter; and
       ``(4) maintains a copy of the records described in 
     paragraphs (1) and (2) at the permanent place of business of 
     the operator.
       ``(b) Fees.--The Attorney General shall not impose or 
     collect any fee from special firearms event operators in 
     connection with the requirements under this section.
       ``(c) Responsibilities of Transferors Other Than 
     Licensees.--
       ``(1) In general.--If any part of a firearm transaction 
     takes place at a special firearms event, or on the curtilage 
     of the event, it shall be unlawful for any person who is not 
     licensed under this chapter to transfer a firearm to another 
     person who is not licensed under this chapter, unless the 
     firearm is transferred through a licensed importer, licensed 
     manufacturer, licensed dealer, or a special firearms event 
     licensee in accordance with subsection (d).
       ``(2) Criminal background checks.--A person who is subject 
     to the requirement under paragraph (1) shall not--
       ``(A) transfer the firearm to the transferee until the 
     licensed importer, licensed manufacturer, licensed dealer, or 
     a special firearms event licensee through which the transfer 
     is made makes the notification described in subsection 
     (d)(2)(A); or
       ``(B) transfer the firearm to the transferee if the person 
     has been notified under subsection (d)(2)(B) that the 
     transfer would violate section 922 or State law.
       ``(3) Absence of recordkeeping requirements.--Nothing in 
     this section shall permit or authorize the Attorney General 
     to impose recordkeeping requirements on any nonlicensed 
     special firearms event vendor.
       ``(d) Responsibilities of Licensees.--A licensed importer, 
     licensed manufacturer, licensed dealer, or special firearms 
     event licensee who agrees to assist a person who is not 
     licensed under this chapter in carrying out the 
     responsibilities of that person under subsection (c) with 
     respect to the transfer of a firearm shall--
       ``(1) except as provided in paragraph (2), comply with 
     section 922(t) as if transferring the firearm from the 
     inventory of the licensed importer, licensed manufacturer, or 
     licensed dealer to the designated transferee (although a 
     licensed importer, licensed manufacturer, or licensed dealer 
     complying with this subsection shall not be required to 
     comply again with the requirements of section 922(t) in 
     delivering the firearm to the nonlicensed transferor);
       ``(2) not later than 3 business days (meaning days on which 
     State offices are open) after the date of the agreement to 
     purchase, or if the event is held in a State that has been 
     certified by the Attorney General under section 204 of the 
     Gun Show Loophole Closing Act of 2009, not later than 24 
     hours after such date (or 3 business days after such date if 
     additional information is required in order to verify 
     disqualifying information from a State that has not been 
     certified by the Attorney General), notify the nonlicensed 
     transferor and the nonlicensed transferee--
       ``(A) of any response from the national criminal background 
     check system, or if the licensee has had no response from the 
     national criminal background check system within the 
     applicable time period under this paragraph, notify the 
     nonlicensed transferor that no response has been received and 
     that the transfer may proceed; and
       ``(B) of any receipt by the licensed importer, licensed 
     manufacturer, or licensed dealer of a notification from the 
     national instant criminal background check system that the 
     transfer would violate section 922 or State law;
       ``(3) in the case of a transfer at 1 time or during any 5 
     consecutive business days, of 2 or more pistols or revolvers, 
     or any combination of pistols and revolvers totaling 2 or 
     more, to the same nonlicensed person, in addition to the 
     recordkeeping requirements described in paragraph (4), 
     prepare a report of the multiple transfers, which report 
     shall be--
       ``(A) on a form specified by the Attorney General; and
       ``(B) not later than the close of business on the date on 
     which the multiple transfer occurs, forwarded to--
       ``(i) the office specified on the form described in 
     subparagraph (A); and
       ``(ii) the appropriate State law enforcement agency of the 
     jurisdiction in which the transfer occurs; and
       ``(4) comply with all recordkeeping requirements under this 
     chapter.
       ``(e) Special Firearms Event License.--
       ``(1) In general.--The Attorney General shall issue a 
     special firearms event license to a person who submits an 
     application for a special firearms event license in 
     accordance with this subsection.
       ``(2) Application.--The application required by paragraph 
     (1) shall be approved if--
       ``(A) the applicant is 21 years of age or older;
       ``(B) the application includes a photograph and the 
     fingerprints of the applicant;
       ``(C) the applicant (including, in the case of a 
     corporation, partnership, or association, any individual 
     possessing, directly or indirectly, the power to direct or 
     cause the direction of the management and policies of the 
     corporation, partnership, or association) is not prohibited 
     from transporting, shipping, or receiving firearms or 
     ammunition in interstate or foreign commerce under subsection 
     (g) or (n) of section 922;
       ``(D) the applicant has not willfully violated any of the 
     provisions of this chapter or regulations issued thereunder;
       ``(E) the applicant has not willfully failed to disclose 
     any material information required, or has not made any false 
     statement as to any material fact, in connection with the 
     application; and
       ``(F) the applicant certifies that--
       ``(i) the applicant meets the requirements of subparagraphs 
     (A) through (D) of section 923(d)(1);
       ``(ii) the business to be conducted under the license is 
     not prohibited by State or local law in the place where the 
     licensed premises is located; and
       ``(iii) the business will not be conducted under the 
     license until the requirements of State and local law 
     applicable to the business have been met.
       ``(3) Application and approval.--
       ``(A) In general.--Upon the approval of an application 
     under this subsection and payment by the applicant of a fee 
     of $200 for 3 years, and upon renewal of a valid registration 
     and payment of a fee of $90 for 3 years, the Attorney General 
     shall issue to the applicant an instant check registration, 
     and advise the Attorney General of that registration.
       ``(B) Nics.--A special firearms event licensee may contact 
     the national instant criminal background check system 
     established under section 103 of the Brady Handgun Violence 
     Prevention Act (18 U.S.C. 922 note) for information about any 
     individual desiring to obtain a firearm at a special firearms 
     event from any special firearms event vendor who has 
     requested the assistance of the registrant in complying with 
     subsection (c) with respect to the transfer of the firearm, 
     during the 3-year period that begins on the date on which the 
     registration is issued.
       ``(4) Requirements.--The requirements for a special 
     firearms event licensee shall not exceed the requirements for 
     a licensed dealer and the recordkeeping requirements shall be 
     the same.
       ``(5) Restrictions.--
       ``(A) Background checks.--A special firearms event licensee 
     may have access to the national instant criminal background 
     check system to conduct a background check only at a special 
     firearms event and only on behalf of another person.
       ``(B) Transfer of firearms.--A special firearms event 
     licensee shall not transfer a firearm at a special firearms 
     event.
       ``(f) Defined Term.--In this section, the term `firearm 
     transaction'--
       ``(1) includes the sale, offer for sale, transfer, or 
     exchange of a firearm; and
       ``(2) does not include--
       ``(A) the mere exhibition of a firearm; or
       ``(B) the sale, transfer, or exchange of firearms between 
     immediate family members, including parents, children, 
     siblings, grandparents, and grandchildren.''.
       (b) Penalties.--Section 924(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(8)(A) Whoever organizes, plans, promotes, or operates a 
     special firearms event, knowing that the requirements under 
     section 932(a)(1) have not been met--
       ``(i) shall be fined under this title, imprisoned not more 
     than 2 years, or both; and
       ``(ii) in the case of a second or subsequent conviction, 
     shall be fined under this title, imprisoned not more than 5 
     years, or both.
       ``(B) Whoever organizes, plans, promotes, or operates a 
     special firearms event, knowing that the requirements under 
     subsection (a)(2) or (c) of section 932 have not been met, 
     shall be fined under this title, imprisoned not more than 5 
     years, or both.

[[Page 5570]]

       ``(C) Whoever organizes, plans, promotes, or operates a 
     special firearms event, knowing that the requirements under 
     section 932(a)(3) have not been met, shall be fined under 
     this title, imprisoned not more than 2 years, or both.
       ``(D) In addition to any other penalties imposed under this 
     paragraph, the Attorney General may, with respect to any 
     person who violates any provision of section 932--
       ``(i) if the person is registered pursuant to section 
     932(a), after notice and opportunity for a hearing, suspend 
     for not more than 6 months or revoke the registration of that 
     person under section 932(a); and
       ``(ii) impose a civil fine in an amount equal to not more 
     than $10,000.''.
       (c) Unlawful Acts.--Section 922(b) of title 18, United 
     States Code, is amended in the matter preceding paragraph 
     (1), by striking ``or licensed collector'' and inserting 
     ``licensed collector, or special firearms event licensee''.
       (d) Technical and Conforming Amendment.--Chapter 44 of 
     title 18, United States Code, is amended in the chapter 
     analysis, by adding at the end the following:

``932. Regulation of firearms transfers at special firearms events.''.

     SEC. 204. STATE OPTION FOR 24-HOUR BACKGROUND CHECKS AT 
                   SPECIAL FIREARMS EVENTS FOR STATES WITH 
                   COMPUTERIZED DISQUALIFYING RECORDS.

       (a) In General.--Effective 3 years after the date of 
     enactment of this Act, a State may apply to the Attorney 
     General for certification of the 24-hour verification 
     authority of that State.
       (b) Certification.--The Attorney General shall certify a 
     State for 24-hour verification authority only upon a clear 
     showing by the State, and certification by the Bureau of 
     Justice Statistics, that--
       (1) not less than 95 percent of all records containing 
     information that would disqualify an individual under 
     subsections (g) and (n) of section 922 of title 18, United 
     States Code, or under State law, is available on computer 
     records in the State, and is searchable under the national 
     instant criminal background check system established under 
     section 103 of the Brady Handgun Violence Prevention Act (18 
     U.S.C. 922 note);
       (2) not less than 95 percent of all records containing 
     information that would disqualify an individual under 
     paragraphs (8) and (9) of subsection 922(g) of title 18, 
     United States Code, or under State law, is available on 
     computer records in the State, and is searchable under the 
     national instant criminal background check system established 
     under section 103 of the Brady Handgun Violence Protection 
     Act (18 U.S.C. 922 note); and
       (3) the chief judicial officer of the State requires the 
     courts of the State to use the toll-free telephone number 
     described in subsection (d)(1) to immediately notify the 
     National Instant Criminal Background Check System each time a 
     restraining order (as described in section 922(g)(8) of title 
     18, United States Code) is issued, lifted, or otherwise 
     removed by order of the court.
       (c) Clarifications.--
       (1) Disqualifying information.--Disqualifying information 
     for each State under subsection (b) shall include the 
     disqualifying records for that State generated during the 30 
     years preceding the date of application to the Attorney 
     General for certification.
       (2) Toll-free telephone number.--Upon a showing by the 
     State that a court of the State has developed computer 
     systems which permit the court to immediately electronically 
     notify the National Instant Criminal Background Check System 
     with respect to the issuance or lifting of restraining 
     orders, the use of the toll-free telephone number described 
     in subsection (d)(1) shall no longer be required under 
     subsection (b)(3).
       (d) Notification Infrastructure.--Before certifying any 
     State under subsection (b), the Attorney General shall--
       (1) create a toll-free telephone number through which State 
     and local courts may immediately notify the National Instant 
     Background Check System whenever a restraining order (as 
     described in section 922(g)(8) of title 18, United States 
     Code) is issued, lifted, or otherwise removed by order of the 
     court; and
       (2) encourage States to develop computer systems that 
     permit courts to immediately electronically notify the 
     National Instant Criminal Background Check System whenever a 
     restraining order (as described in section 922(g)(8) of title 
     18, United States Code) has been issued, lifted, or otherwise 
     removed by order of the court.
       (e) 24-Hour Provision.--Upon certification by the Attorney 
     General, the 24-hour provision in section 932(c)(2) of title 
     18, United States Code, shall apply to the verification 
     process (for transfers between unlicensed persons) in that 
     State unless additional information is required in order to 
     verify disqualifying information from a State that has not 
     been certified by the Attorney General, in which case the 3 
     business day limit shall apply.
       (f) Annual Review.--The Director of the Bureau of Justice 
     Statistics shall annually review the certifications under 
     this section.
       (g) Revocation.--The Attorney General shall revoke the 
     certification required under this section for any State that 
     is not in compliance with subsection (b).

     SEC. 205. INSPECTION AUTHORITY.

       Section 923(g)(1)(B), of title 18, United States Code, is 
     amended by striking ``or licensed dealer'' and inserting 
     ``licensed dealer, or special firearms event operator''.

     SEC. 206. INCREASED PENALTIES FOR SERIOUS RECORDKEEPING 
                   VIOLATIONS BY LICENSEES.

       Section 924(a)(3) of title 18, United States Code, is 
     amended to read as follows:
       ``(3)(A) Except as provided in subparagraph (B), any 
     licensed dealer, licensed importer, licensed manufacturer, 
     licensed collector, or special firearms event licensee who 
     knowingly makes any false statement or representation with 
     respect to the information required by this chapter to be 
     kept in the records of a person licensed under this chapter, 
     or violates section 922(m) shall be fined under this title, 
     imprisoned not more than 1 year, or both.
       ``(B) If the violation described in subparagraph (A) is in 
     relation to an offense--
       ``(i) under paragraph (1) or (3) of section 922(b), such 
     person shall be fined under this title, imprisoned not more 
     than 5 years, or both; or
       ``(ii) under subsection (a)(6) or (d) of section 922, such 
     person shall be fined under this title, imprisoned not more 
     than 10 years, or both.''.

     SEC. 207. INCREASED PENALTIES FOR VIOLATIONS OF CRIMINAL 
                   BACKGROUND CHECK REQUIREMENTS.

       Section 924(a) of title 18, United States Code, as amended 
     by section 203(b), is further amended--
       (1) in paragraph (5), by striking ``subsection (s) or (t) 
     of section 922'' and inserting ``section 922(s)''; and
       (2) by adding at the end the following:
       ``(9) Whoever knowingly violates section 922(t) shall be 
     fined under this title, imprisoned not more than 5 years, or 
     both.''.

     SEC. 208. RULE OF INTERPRETATION.

       A provision of State law is not inconsistent with this 
     title or an amendment made by this title if the provision 
     imposes a regulation or prohibition of greater scope or a 
     penalty of greater severity than any prohibition or penalty 
     imposed by this title or an amendment made by this title.

     SEC. 209. EFFECTIVE DATE.

       This title and the amendments made by this title shall take 
     effect 180 days after the date of enactment of this Act.

                          ____________________




                    AUTHORITY FOR COMMITTEES TO MEET


           Committee on Agriculture, Nutrition, and Forestry

  Mr. LIEBERMAN. Mr. President, I ask unanimous consent that the 
Committee on Agriculture, Nutrition, and Forestry be authorized to meet 
during the session of the Senate on Wednesday, February 25, 2009 at 
2:30 p.m. in room 106 of the Dirksen Senate office building.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                      committee on armed services

  Mr. LIEBERMAN. Mr. President, I ask unanimous consent that the 
Committee on Armed Services be authorized to meet during the session of 
the Senate on Wednesday, February 25, 2009, at 9:30 a.m.
  The PRESIDING OFFICER. Without objection, it is so ordered.


               committee on environment and public works

  Mr. LIEBERMAN. Mr. President, I ask unanimous consent that the 
Committee on Environment and Public Works be authorized to meet during 
the session of the Senate on Wednesday, February 25, 2009 at 10 a.m. in 
room 406 of the Dirksen Senate Office Building.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                          committee on finance

  Mr. LIEBERMAN. Mr. President, I ask unanimous consent that the 
Committee on Finance be authorized to meet during the session of the 
Senate on Wednesday, February 25, 2009, at 10 a.m., in room 215 of the 
Dirksen Senate Office Building.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                       committee on the judiciary

  Mr. LIEBERMAN. Mr. President, I ask unanimous consent that the Senate 
Committee on the Judiciary be authorized to meet during the session of 
the Senate, to conduct a hearing entitled ``Ensuring Television 
Carriage in the Digital Age'' on Wednesday, February 25, 2009, at 10 
a.m., in room SD-226 of the Dirksen Senate Office Building.
   The PRESIDING OFFICER. Without objection it is so ordered.

[[Page 5571]]




                       committee on the judiciary

  Mr. LIEBERMAN. Mr. President, I ask unanimous consent that the 
Committee on the Judiciary be authorized to meet during the session of 
the Senate, to conduct a hearing entitled ``Executive Nominations'' on 
Wednesday, February 25, 2009, at 2 p.m., in room SD-226 of the Dirksen 
Senate Office Building.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                       special committee on aging

  Mr. LIEBERMAN. Mr. President, I ask unanimous consent that the 
Committee on Aging be authorized to meet on Wednesday, February 25, 
2009 at 10 a.m.-12:30 p.m. in Dirksen 106 for the purpose of conducting 
a business meeting and hearing.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                        PRIVILEGES OF THE FLOOR

  Mr. LIEBERMAN. Mr. President, I ask unanimous consent that Ted Vogt 
of Senator Kyl's staff be given floor privileges during the duration of 
the debate on S. 160.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.

                          ____________________




                              APPOINTMENT

  The PRESIDING OFFICER. The Chair announces on behalf of the Committee 
on Finance, pursuant to section 8002 of title 26, U.S. Code, the 
designation of the following Senators as members of the Joint Committee 
on Taxation: the Senator from Montana (Mr. Baucus), the Senator from 
West Virginia (Mr. Rockefeller), the Senator from North Dakota (Mr. 
Conrad), the Senator from Iowa (Mr. Grassley), and the Senator from 
Utah (Mr. Hatch).

                          ____________________




      COMMEMORATING THE ROLE OF ENSLAVED AFRICAN AMERICANS IN THE 
                      CONSTRUCTION OF THE CAPITOL

  Mr. REID. Mr. President, I ask unanimous consent that the Rules 
Committee be discharged from further consideration of S. Res. 53 and 
the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res 53) authorizing a plaque commemorating 
     the role of enslaved African Americans in the construction of 
     the Capitol.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. REID. Mr. President, I ask unanimous consent that the resolution 
be agreed to, the preamble be agreed to, the motions to reconsider be 
laid on the table en bloc, and that any statements be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 53) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                               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.

                          ____________________




 SUPPORTING CHILDREN'S DENTAL HEALTH MONTH AND HONORING THE MEMORY OF 
                            DEAMONTE DRIVER

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
proceed to consideration of S. Con. Res. 8.
  The PRESIDING OFFICER. The clerk will report the concurrent 
resolution by title.
  The legislative clerk read as follows:

       A concurrent resolution (S. Con. Res. 8) expressing support 
     for Children's Dental Health Month and honoring the memory of 
     Deamonte Driver.

  There being no objection, the Senate proceeded to consideration of 
the concurrent resolution.
  Mr. REID. Mr. President, I ask unanimous consent that the concurrent 
resolution be agreed to, the preamble be agreed to, the motions to 
reconsider be laid on the table, with no intervening action or debate, 
and any statement be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The concurrent resolution (S. Con. Res. 8) was agreed to.
  The preamble was agreed to.
  The concurrent resolution, with its preamble, reads as follows:

                             S. Con. Res. 8

       Whereas several national dental organizations have observed 
     February 2009 as Children's Dental Health Month;
       Whereas Deamonte Driver, a 12-year-old Marylander, died on 
     February 25, 2007, of complications resulting from untreated 
     tooth decay;
       Whereas the passing of Deamonte Driver has led to increased 
     awareness nationwide about the importance of access to high-
     quality, affordable preventative care and treatment for 
     dental problems;
       Whereas the primary purpose of Children's Dental Health 
     Month is to educate parents, children, and the public about 
     the importance and value of oral health;
       Whereas Children's Dental Health Month showcases the 
     overwhelmingly preventable nature of tooth decay and 
     highlights the fact that tooth decay is on the rise among the 
     youngest children in the Nation;
       Whereas Children's Dental Health Month educates the public 
     about the treatment of childhood dental caries, cleft-palate, 
     oral facial trauma, and oral cancer through public service 
     announcements, seminars, briefings, and the pro bono 
     initiatives of practitioners and academic dental 
     institutions;
       Whereas Children's Dental Health Month was created to raise 
     awareness about the importance of oral health; and
       Whereas Children's Dental Health Month is an opportunity 
     for the public and health professionals to take action to 
     prevent childhood dental problems and improve access to high-
     quality dental care: Now, therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That Congress expresses support for Children's 
     Dental Health Month and honors the life of Deamonte Driver.

                          ____________________




        MEASURES READ THE FIRST TIME--S. 478, S. 482, H.R. 1105

  Mr. REID. Mr. President, I have been led to believe there are three 
bills at the desk. If that is the case, I ask for their first reading 
en bloc.
  The PRESIDING OFFICER. The clerk will read the titles of the bills 
for the first time, en bloc.
  The legislative clerk read as follows:

       A bill (S. 478) to amend the National Labor Relations Act 
     to ensure the right of employees to a secret-ballot election 
     conducted by the National Labor Relations Board.
       A bill (S. 482) to require Senate candidates to file 
     designations, statements, and reports in electronic form.
       A bill (H.R. 1105) making omnibus appropriations for the 
     fiscal year ending September 30, 2009, and for other 
     purposes.


[[Page 5572]]

  Mr. REID. I now ask for a second reading en bloc on these matters, 
but I also object at the same time to my own request, en bloc.
  The PRESIDING OFFICER. Objection having been heard, the bills will 
receive their second reading on the next legislative day.

                          ____________________




                 ORDERS FOR THURSDAY, FEBRUARY 26, 2009

  Mr. REID. I ask unanimous consent that when the Senate completes its 
business today, it stand adjourned until 9:30 a.m. tomorrow, February 
26; 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. 160, the District of Columbia House Voting 
Rights Act, as under the previous order that has already been entered.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                                PROGRAM

  Mr. REID. As I indicated earlier, Senators should expect rollcall 
votes throughout the day as we work to complete action on the DC House 
Voting Rights Act. The first vote of the day is expected to begin at 
10:30 in relation to the Kyl amendment regarding retrocession.

                          ____________________




                  ADJOURNMENT UNTIL 9:30 A.M. TOMORROW

  Mr. REID. If there is no further business to come before the Senate, 
I ask unanimous consent that it stand adjourned under the previous 
order.
  There being no objection, the Senate, at 7:25 p.m., adjourned until 
Thursday, February 26, 2009, at 9:30 a.m. 

                          ____________________




                              NOMINATIONS

  Executive nominations received by the Senate:


                    DEPARTMENT OF HOMELAND SECURITY

       JANE HOLL LUTE, OF NEW YORK, TO BE DEPUTY SECRETARY OF 
     HOMELAND SECURITY, VICE PAUL A. SCHNEIDER, RESIGNED.


                         DEPARTMENT OF JUSTICE

       TONY WEST, OF CALIFORNIA, TO BE AN ASSISTANT ATTORNEY 
     GENERAL, VICE GREGORY G. KATSAS, RESIGNED.


                           IN THE COAST GUARD

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

                             To be captain

KENT P. BAUER
MARK S. MACKEY

       THE FOLLOWING NAMED OFFICERS OF THE UNITED STATES COAST 
     GUARD TO BE MEMBERS OF THE PERMANENT COMMISSIONED TEACHING 
     STAFF OF THE U.S. COAST GUARD ACADEMY IN THE GRADE INDICATED 
     UNDER SECTION 188, TITLE 14, U.S. CODE:

                       To be lieutenant commander

CORINNA M. FLEISCHMANN
KELLY C. SEALS


                            IN THE AIR FORCE

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

                        To be lieutenant colonel

JONATHON V. LAMMERS

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

                              To be major

GARY A. FOSKEY
JAMES P. ROSE
CONNIE L. WARR

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

                              To be major

BRYSON D. BORG
DOUGLAS W. BYERLY
RONEA N. HARRISSTITH
RYAN P. HAWKS
SVEN M. HOCHHEIMER
DAVID J. HOOPES
DEXTER W. LOVE


                              IN THE ARMY

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

                             To be colonel

FRANK RODRIGUEZ, JR.

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

                             To be colonel

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

                              To be major

JOSEPH R. KRUPA

       THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR APPOINTMENT TO 
     THE GRADE INDICATED IN THE UNITED STATES ARMY NURSE CORPS 
     UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064:

                              To be major

KATHLEEN P. NAIMAN

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

                             To be colonel

JUAN G. ESTEVA
THOMAS E. STARR

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

                             To be colonel

ROBERT F. DONNELLY
ANGELICA REYES

       THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE UNITED 
     STATES OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE 
     RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTIONS 12203 
     AND 12211:

                             To be colonel

RICHARD H. DAHLMAN
REX E. DUNCAN
DAVID A. STILLS

       THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR APPOINTMENT TO 
     THE GRADES INDICATED IN THE UNITED STATES ARMY MEDICAL 
     SERVICE CORPS UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064:

                        To be lieutenant colonel

JULIE S. AKIYAMA

                              To be major

ERIN J. BOGGS
DENNIS J. CURTIS
ANDREW L. HAGENMASTER

       THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR APPOINTMENT TO 
     THE GRADES INDICATED IN THE UNITED STATES ARMY DENTAL CORPS 
     UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064:

                        To be lieutenant colonel

MICHAEL L. NIPPERT

                              To be major

HUIFENG CHIU
JOHN K. GOERTMILLER

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

                             To be colonel

MARTIN L. BADEGIAN
PAUL J. DOUGHERTY
MARK J. HODD

       THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE UNITED 
     STATES OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE 
     RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTIONS 12203 
     AND 12211:

                             To be colonel

DEBRA H. BURTON
GARY D. GILMORE
CHRISTINE GLOVER
HAROLD B. JONES, JR.
LEE D. SCHNELL

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

                             To be colonel

PAUL P. BRYANT
TONY A. BRYANT
STEVEN J. BUETHE
JOHN DORNEY
WALTER L. GOODWATER
HARRY F. GRIFFIN
THOMAS P. MICHELLI
WILLIAM R. RAY
WALTER M. SALMON
CHRISTOPHER R. WARD

       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE UNITED STATES ARMY JUDGE ADVOCATE GENERAL'S 
     CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND 3064:

                              To be major

ROBERT J. ABBOTT
BRIAN P. ADAMS
ELIZABETH F. ALLEN
EDWARD G. BAHDI
MICHAEL P. BAILEYS
THOMAS W. BARROW
CHRISTIAN E. BEESE
EDWARD W. BERG
JOSHUA F. BERRY
CATHERINE M. BOWERY
CAROL A. BREWER
JOHN W. BROOKER
BAILEY W. BROWN III
MATTHEW L. BROWN
SHERILYN A. BUNN
SETH D. COHEN
ALBERT G. COURIE III
CHRISTOPHER T. CURRY
CHRISTIAN L. DEICHERT
DANIEL D. DERNER
JEFFREY S. DIETZ
SCOTT A. DIROCCO
PAUL M. DUBBELING
JAMES S. DUPRE, JR.
RAMSEY L. ELLIS
JUSTIN A. EVISON
CHRISTINE C. FONTENELLE
CHRISTOPHER M. FORD
TODD N. GEORGE
DERRICK W. GRACE
WENDALL H. HALL
NJERI S. HANES
IRENE D. HANKS
TODD J. HANKS
ERIC A. HETTINGA
JAMES T. HILL
ADAM S. KAZIN
LAURA R. KESLER
TONY Y. KIM
TIFFANY M. KOTZURCHAPMAN
KEVIN W. LANDTROOP
MARYANN LEAVITT
ROBERT M. LEONE
EDWARD C. LINNEWEBER
JOHN R. MALONEY
COREY J. MARKS
YOLANDA D. MCCRAY
ROBERT P. MCGOVERN
GRIFFIN P. MEALHOW
JOHN J. MERRIAM
TODD A. MESSINGER
EARL G. MITCHELL
DANISHA L. MORRIS
JENNIFER A. NEUHAUSER
DON D. NOBLE
ERIC D. NOBLE
JONATHAN M. PERSONS
EVAH K. POTTMEYER
JOHN M. RATLIFF
ROBERT A. RODRIGUES
PIA W. ROGERS
FRANKLIN D. ROSENBLATT
ROBERT E. SAMUELSEN II
MATTHEW H. SEEGER
CHRISTOPHER C. SHEPPARD
SARAH K. SOJA
PHYLISHA A. SOUTH

[[Page 5573]]

PHILIP M. STATEN
DAN E. STIGALL
TIMOTHY W. THOMAS
ALISON M. TULUD
BUHLER M. VAN
ELIZABETH A. WALKER
HEIDI E. WEAVER
ERIC W. WIDMAR
WINSTON S. WILLIAMS, JR.
PATRICK J. WOOLSEY

       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE 
     INDICATED IN THE UNITED STATES ARMY JUDGE ADVOCATE GENERAL'S 
     CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND 3064:

                             To be colonel

VANESSA A. BERRY
KEVIN M. BOYLE
TIMOTHY J. CODY
JOSEPH C. FETTERMAN
BRIAN J. GODARD
PATRICIA A. HAM
JOHN S. IRGENS
MARK L. JOHNSON
PAUL E. KANTWILL
JONATHAN A. KENT
CLAES H. LEWENHAUPT
JAMES M. PATTERSON
JEFFERY D. PEDERSEN
DAVID H. ROBERTSON
MARTIN L. SIMS
MICHAEL L. SMIDT
STEPHANIE L. STEPHENS
MARK TELLITOCCI
WALTER S. WEEDMAN
PAUL S. WILSON
GREGORY G. WOODS
SCOTT F. YOUNG

       THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR APPOINTMENT TO 
     THE GRADES INDICATED IN THE UNITED STATES ARMY MEDICAL CORPS 
     UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064:

                             To be colonel

EFREN E. RECTO

                        To be lieutenant colonel

MITCHELL M. MATUNDAN

                              To be major

NICHOLAS C. CARO
JANICE E. KATZ
DEBORAH C. MARGULES
JOHN G. RUMBAUGH
RENEE Q. THAI
WILLIAM A. WOLKSTEIN

       THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE UNITED 
     STATES OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE 
     RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTIONS 12203 
     AND 12211:

                             To be colonel

SUZANNE D. ADKINSON
JANIS K. BAUMAN
MONTY L. BRODT
JAMES A. BROWN
JAMES F. CHISHOLM IV
WALLACE A. HALL, JR.
LEE W. HOPKINS
RONALD G. MCLAURIN
MARK A. PILKINGTON
BRIAN F. RAY
MICHAEL L. SCHOLES
MICHAEL C. THOMPSON
JAMES B. WASKOM
BRANDON S. WATKINS

                          In the Marine Corps

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

                              To be major

DEREK M. ABBEY
VICTOR M. ABELSON
BENJAMIN T. ACKISON
ERNEST E. ADAMS
MICHAEL AGUILAR
OSCAR ALANIS, JR.
CAMERON W. ALBIN
ISMAEL ALCALA
SKENDER ALICKA
RICHARD J. ALLAIN
RYAN P. ALLEN
JOHN F. ALLSUP, JR.
RICHARD ALVAREZ
CLAIRE M. AMDAHL
EDWARD P. AMDAHL
MARK R. AMSPACHER
MICHAEL E. ANDA
AARON D. ANDERBERG
RICHARD A. ANDERSON
SCOTT J. ANDERSON
ANTHONY J. ANGELONE
ALEXANDER C. ARCINAS
DAVID A. ARENAS
DANIEL ARISPE
CHRISTOPHER J. ARMES
LAWRENCE R. ARNOLD
BARRY S. ARNWINE
JAMES A. ATCHISON, JR.
NICOLE V. AUNAPU
BENJAMIN P. AUSBROOKS
ARON M. AXE
DARRYL G. AYERS
RICHARD P. AYRES
ROBERT E. BACZKOWSKI, JR.
TASE E. BAILEY
MATTHEW D. BAIN
JONATHAN T. BAKER
BRADLEY J. BALL
BRIAN W. BANN
DAVID M. BANN
JEFFREY M. BARBER
ROBERT G. BARBER
ADAM N. BARBORKA
DAVID L. BARIL
BRUCE B. BARKER II
CHRISTOPHER R. BARNARD
SEAN W. BARNES
ROBERT M. BARNHART, JR.
ANDREW E. BARTLE
CARRIE C. BATSON
RYAN J. BAUMAN
JAMES F. BEAL
MARC D. BEAUDREAU
JAMES A. BEAULIEU
ROBERT D. BECHTOLD
BRIAN J. BECK
BRITON C. BECK
DALE R. BEHM
RUSSELL A. BELT II
RICARDO BENAVIDES
CHRISTOPHER S. BENFIELD
JOHN T. BERDUSIS
JASON B. BERG
THOMAS A. BERTRAM, JR.
DEREK C. BIBBY
JONATHAN E. BIDSTRUP
CHAD T. BIGNELL
JAMES W. BIRCHFIELD
PAUL F. BISCHOFF
JOE D. BLACK, JR.
EDWARD J. BLACKSHAW
MARC E. BLANKENBICKER
ROBERT H. BLEDSOE, JR.
JOE D. BLOCKER
BRIAN M. BLOMQUIST
CHADD W. BLOOMSTINE
SAMUEL P. BLUNTZER
HORACE J. BLY
NEIL E. BOOHER
JAMES R. BOOTH
JACKLYNN BORREGO
MICHAEL A. BOURQUIN
STEVEN B. BOWDEN
JONATHAN M. BOYD
KURT A. BOYD
BROOKS D. BRADEN
JOSHUA F. BRADSTREET
JERAMY W. BRADY
ROBERT K. BRADY
JOEL P. BRANIECKI
THOMAS J. BRANNAN
BRIAN J. BRODERICK
JOHN N. BROGDON
AARON J. BROOKS
ROBERT B. BROWN
WARREN J. BRUCE
CHARLES B. BUCKLEY, JR.
JEREMY L. BUCKWALTER
JONAS L. BURING
RICHARD D. BURKETT, JR.
GARTH W. BURNETT
MARK E. BURRELL
PATRICK J. BUTLER
FRANCISCO A. CACERES
DONALD A. CAETANO
NATHAN B. CAHOON
MICHAEL C. CALLAGHAN
TROY D. CALLAHAN
DOUGLAS T. CAMPBELL
KEVIN A. CAMPBELL
JOSEPH O. CAMPOMANES
BETH S. CANEPA
CHRISTOPHER J. CANNON
CHAD J. CARBONE
BRIAN P. CAREY
MICHAEL G. CARLE
TRISHA D. CARPENTER
DOUGLAS A. CARR
MICHAEL J. CARRASQUILLA
MISCA T. CARTWRIGHT
PATRICK CAZE
BENJAMIN A. CHAMBERLIN
JOJO CHAMES
JENNIFER K. CHANCY
CHRIS E. CHARLES
BRIAN P. CHASE
RYAN A. CHERRY
ANTHONY P. CHING
BRIAN R. CHONTOSH
JOHN M. CISCO
CHRISTOPHER L. CLAFLIN
CAMERON F. CLARK
ROSA A. CLARKE
EDMUND G. CLAYTON
BRIAN N. CLIFTON
SCOTT A. CLIPPINGER
NEIL M. CLONTZ
BENJAMIN I. CLOSS
DOUGLAS J. COBB, JR.
GARY L. COBB
TEDDY R. COLEGATE
BRAD W. COLLINS
CLINTON J. COLLINS
JEFFREY H. COLLINS
PATRICK B. COLLINS
JAMES R. COMPTON
FREDERICK A. CONGDON
JON P. CONNOLLY
JEREMY L. CONRAD
PAUL J. CORCORAN
JEFFERY N. COSTA
CRISTON W. COX, JR.
GARY D. COX, JR.
WILLIAM C. COX
STEVEN L. CRAIG
SETH J. CRAWFORD
KEVIN A. CRESPO
HERSCHEL J. CRINER III
SEAN E. CRITTENDEN
MICHAEL A. CRIVELLO
MATTHEW R. CROUCH
ROMEO P. CUBAS
DOUGLAS R. CULLINS
THOMAS J. CUNNINGHAM III
MATTHEW J. DAGOSTINO
DENNIS B. DALTON
SCOTT E. DANIELSON
MATTHEW C. DANNER
BENJAMIN M. DAVENPORT
MICHAEL R. DAVIDGE
ALBERTA DAVIS
ROBERT M. DAVIS
BENJAMIN J. DEBARDELEBEN
BRYON S. DECASTRO
ARTHUR G. DECOTIIS, JR.
LISA A. DEITLE
JOEL A. DELUCA
ANTONIO DEMARCO
DANA S. DEMER
GERARD C. DEMPSTER
SUZANNE M. DENAULT
JONATHAN A. DEROSIER
JAMES C. DERRICK
VARPAS S. DESAPEREIRA
DARYL L. DESIMONE
MATTHEW S. DESMOND
STEVEN R. DESROSIERS
JOHN M. DIAZ
JOSUE M. DIAZ
ROBERT P. DICKINSON
DIRK R. DIENER
FRANK E. DILLBECK
JOHN Q. DINH
DEREK L. DIVINE
WILLIAM P. DOBBINS III
CHAD A. DODD
DAVID J. DONNELL
THOMAS F. DONO
CRAIG T. DOUGLAS
CHARLES E. DOWNING III
MICHAEL A. DUBRULE
AARON S. DUESING
JAMES J. DUNPHY
STEVEN J. EASTIN
JASON W. EDHOLM
JASON M. EHRET
JOHN D. ELMS
PETER B. ELTRINGHAM
MATTHEW S. EMBORSKY
BRYAN A. EOVITO
JASON T. ERBECKER
ABEL ESPINOSA
RICCO A. ESPINOZA
JEAN P. EXANTUS
JOHN A. FABBRI
BRIAN M. FAUSETT
ISTVAN P. FEHER
FOSTER C. FERGUSON
BRADLEY G. FESSLER
ANTHONY J. FIACCO
JASON A. FILOS
CLAY T. FIMIANI
DOUGLAS Y. FINN
NIGEL A. FISCHER
DAVID M. FITZSIMMONS
RYAN P. FLANAGAN
KATE E. FLEEGER
IAN C. FLETCHER
JAMES F. FOLEY
MONTY J. FONTENOT
JAMES C. FORD III
STEVEN M. FORD
MATTHEW W. FOREMAN
MORINA D. FOSTER
MARK C. FOWLER
MARY C. FOWLIE
JAMISEN L. FOX
SHARON U. FRANCO
JASON D. FRANZ
JOSHUA T. FRASER
FRANKLIN H. FREEMAN
CHRISTOPHER J. FROUDE
JOSE L. FUENTES
JAMES V. FULGINITI
BRIAN S. GAHAGAN
MARTIN J. GALLAGHER
NICHOLAS L. GANNON
JOSEPH M. GARAUX
STEVEN J. GASPER, JR.

[[Page 5574]]

BRANDON J. GAUDREN
KENNETH C. GAWRONSKI
ANDREW S. GEER
MICHAEL G. GEHRKI
ALFRED J. GEOFFRION III
MARK P. GEORGE
WAYNE H. GESCHWINDT
ALEXANDER E. GILBERT
LAURIE A. GILLESPIE
PAUL L. GILLIKIN
JOHNNIE R. GLADDEN III
STUART W. GLENN
DEBRA R. GOMEZ
ANDREW C. GONZALEZ
KEVIN J. GOODWIN
ROBERT J. GORDON
GEOFFREY Z. GOSIK
SVEN L. GOSNELL
DAVID J. GRABOW
JEREMY J. GRACZYK
CHRISTOPHER J. GRANGER
BRIAN R. GRANT
BENJAMIN J. GRASS
SHANNON C. GREENE
DANIEL H. GROELING
MILES N. GROGAN
KARA J. GRUVER
DAVID J. GUSTAFSON
KWABENA K. GYIMAH
BRYAN P. HALL
MATTHEW E. HALL
MICHAEL L. HALLIGAN II
POLLARD D. HAM
KELLY A. HANCOCK
JAISUN L. HANSON
BYRON R. HARDER
OWEN HARLEMAN
MASON E. HARLOW
JAMES G. HARRIS
JOHN E. HARRIS III
BENJAMIN B. HARRISON
BRIAN T. HASHEIDER
STANTON C. HAWK
MATTHEW C. HAWKINS
CHARLES E. HAWTHORNE, JR.
MICHAEL G. HAYS
RYAN K. HAZLETT
WILLIAM G. HEIKEN
MATHEW E. HEIL
FILIP E. HEIST
KATHRYN E. HENDEL
PATRICK S. HENRY
GLEN C. HENTON
RONNEY HERRERA
WILLIAM J. HERRON
JONATHAN D. HESKETT
BRIAN J. HESLIN
JEREMIE N. HESTER
MICHAEL K. HICKS
EVAN L. HILL
AARON R. HINMAN
ANTONIO HINOJOSA
CEDAR L. HINTON
MICHAEL M. HOFFMAN
MICHAEL W. HOLCOMB
ERIC L. HOLMES
FORREST W. HOOVER III
RICARDO A. HOPE
BILLY S. HORTMAN
RYAN P. HOUGH
SAMUEL E. HOWIE
PAUL C. HUDSON
JEFFREY C. HUGHES
JEFFREY W. HULLINGER
CHRISTOPHER D. HUNT
KEVIN G. HUNTER
MICHAEL R. HYDE
DAVID H. ICKLES
AUGUST R. IMMEL
FRED J. INGO III
DENNIS J. IVAN
RYAN A. JACOBS
MATTHEW T. JAMES
DAVID A. JANSEN
GERMAINE S. JENKINS
CHARLES A. JINDRICH
JAMES W. JOHNSON
LARRY E. JOHNSON, JR.
MICHAEL S. JOHNSON
NICHOLAS D. JOHNSON
STEVEN C. JOHNSON
ANTHONY C. JOHNSTON
CHARLES C. JONES
JASON R. JONES
KENNETH M. JONES
WILLIAM R. JONES
MICHAEL J. KANSTEINER
MICHAEL A. KAPPELMANN
ALLEN J. KASHUBA
JASON P. KAUFMANN
SRIDHAR B. KAZA
MICHAEL S. KEANE
BEVIN J. KEEN
PAUL B. KEENER
ERIC J. KEITH
HERMAN C. KEMP
MICHAEL R. KENDRICK
JOHN J. KENNELEY
JONATHAN Q. KENNEY
RORY D. KENT
ZENON W. KESKE
ADAM K. KESSEL
KYLE R. KILIAN
MARSHALEE E. KING
TRENT C. KINGERY
CHRISTOPHER N. KINSEY
TARA J. KIPFER
PHILLIP E. KIRKMAN
CHRISTOPHER J. KLEMKO
WILLIAM F. KLUMPP III
JOHN G. KOLB
CHRISTOPHER M. KRAHULEC
KORVIN S. KRAICS
ERIC M. KROSS
JOHN D. KRYSA
DAVID W. KUMMER, JR.
JASON M. KUT
JI Y. KWON
DANIEL C. LAMMERS
BRIAN T. LAURENCE
DAVID F. LAWRENCE
JOHN K. LE
WYLAND F. LEADBETTER III
STEPHEN J. LEBO
ANDY R. LEE
CEDRIC N. LEE
JEREMY E. LEE
YONG J. LEE
ERIK LEIN
TYLER D. LEONARD
ARIC C. LIBERMAN
JEFFREY R. LIEBENGUTH
PATRICK F. LIENEWEG
ERNEST C. LINCOLN
ROBERT E. LINGLER
DUANE LIPTAK, JR.
AARON C. LLOYD
JOHN E. LOGAN III
WILLIAM L. LOMBARDO
LINDA D. LONG
MICHAEL G. LONG
DAVID M. LOVEDAY
LAWRENCE M. LOWMAN II
DAVID R. LUBER
JASON S. LUCERO
JOSEPH T. LUDICK
MATTHEW D. LUNDGREN
SEAN J. LYNCH
SETH W. MACCUTCHEON
STEPHEN P. MACKEY
BART E. MACMANUS
JOHN C. MACMURRAY
CLIFFORD S. MAGEE
ROGER T. MAHAR
DAVID M. MANIMTIM
PETER A. MANTUANO
JEFFREY T. MARANTETTE
ELIO F. MARCILLOMUNOZ
ADRIAN T. MARINEZ
MATTHEW A. MARKHAM
MATTHEW J. MARKHAM
ERIC D. MARSHALL
GRIFFITH M. MARSHALL
PAULA D. MARSHALL
JASON T. MARTIN
JOEY S. MARTIN
MATTHEW J. MARTIN
PATRICK C. MARVIL
WILLIAM J. MATORY
TROY P. MATTERN
MITCHELL T. MAURY
MICHAEL L. MAYNE
COREY A. MAZYCK
CHRISTOPHER A. MCALLISTER
CHRISTOPHER B. MCARTHUR
DANIEL C. MCBRIDE
GLENN E. MCCARTAN
ROBERT G. MCCARTHY III
SEAN P. MCCARTHY
MARK A. MCCAULEY
KELLY A. MCCONNELL
MICHAEL J. MCCOY
MATTHEW F. MCDONALD
IAN K. MCDUFFIE
MICHAEL P. MCFERRON
SARA E. MCGRATH
CHRISTOPHER P. MCGUIRE
KENNETH A. MCKEAN, JR.
MICHAEL W. MCKENNEY
MATTHEW J. MCKINNEY
ROBERT M. MCLELLAN
CHARLES C. MCLEOD, JR.
JASON MCMANIGLE
BOYD R. MCMURTREY
ERIC A. MEADOR
RICARDO A. MEDAL
DONALD H. MEEK, JR.
FERNANDO MELENDEZ
MARCOS A. MELENDEZ III
MICHAEL J. MENDIETA
TAUNJA M. MENKE
SEAN M. MERLIN
RONNIE D. MICHAEL
DANIEL W. MICKLIS
MICHAEL P. MILBURN
JONPAUL MILLER
KASEY C. MILLER
MATTHEW S. MILLER
SEAN D. MILLER
ANDREW H. MILLS
BRETT C. MINER
MARK T. MITCHELL
SEAN P. MITZEL
TIMOTHY W. MIX
BRIAN L. MIZE
JEFFREY M. MONAGHAN
THOMAS B. MONDOUX
ERIC D. MONTALVO
VINCENT M. MONTGOMERY
TYLER J. MOORE
SERGE P. MOROSOFF
STEPHEN D. MORRISON
JOSEPH E. MOYE
HOWARD MUI
SEAN P. MULLEN
MICHAEL K. MULLINS
MATTHEW K. MULVEY
MANUEL F. MUNOZ
JOHN P. MUNTZER
CHRISTOPHER J. MURPHY
CORRY P. MURPHY
DANIEL M. MURPHY
JAMIE P. MURPHY
MARK E. MURPHY
ROBERT P. MURPHY, JR.
MATTHEW R. MURRAY
JASON N. MYERS
ROBERT N. MYERS, JR.
DAVID M. NAEHER
EUGENE F. NAGY
JOHN M. NASH VII
EDWARD N. NASTASE
DOMINIQUE B. NEAL
STUART T. NEAS
CHRIS J. NELSON
JONATHAN N. NELSON
JOSHUA H. NELSON
MICHAEL A. NELSON
THAI N. NGUYEN
MATTHEW S. NICHOLS
CHRIS L. NICHOLSON
ROY J. NICKA
MATTHEW A. NIELAND
DEREK C. NIELSEN
DANIEL M. NOLAN
JOHN P. NORMAN
TODD A. OBRIEN
KENNETH J. OCONNOR, JR.
DENNIS ODONNELL
MATTHEW M. ODONNELL
JONATHAN M. OGORMAN
DEREK J. OLIVER
TODD B. OPALSKI
ERIK V. ORIENT
JUAN A. OROZCO
DAVID M. ORTIZ
JEREMY P. OSBORNE
WILLIAM V. OSBORNE III
JAMES P. OSULLIVAN
NEIL E. OSWALD
JENNY A. OUELLETTE
TEGAN K. OWEN
STEVEN A. PACHECO, JR.
JAVIER PALOMO
CHRISTIAN C. PAPPAS
EDELEN A. PARKER
JENNIFER S. PARKER
JOHN B. PARKER
JOSEPH G. PARKER
KRISTOPHER L. PARKER
THOMAS D. PARMITER
SEAN B. PATTON
JAMES C. PAXTON III
ANDREW T. PAYNTER
STEPHEN T. PEARSON
WILLIAM F. PELLETIER III
JEFFREY S. PELT
AMOS J. PERKINS III
MATTHEW R. PETER
ERIK A. PETERSON
JOHN E. PETERSON
ATIIM O. PHILLIPS
TYLER L. PHIPPS
ROBERT A. PIAGENTINI, JR.
DAVID K. PIDGEON
KRISTEN M. PIRTTINEN
CHARLES T. POLLOK II
MATTHEW E. POOLE
RYAN C. POPE
JOSEPH J. PORRAZZO, JR.
MISTY J. POSEY
DAVID L. POULERIS
JOHN A. PRATHER
MICHAEL W. PRETUS
CHARLES A. PRIDDY
HENRY R. PROKOP
JACOB L. PURDON
JAMES N. PUTNAM III
JASON P. QUINTER
ANTHONY J R. QUITUGUA
CHRISTOPHER E. RABASSI
MICHAEL A. RADYNSKI
MICHAEL E. RAIFF
BILLY H. RAMSEY
ALEX J. RAMTHUN
JOSHUA J. RANDALL
ADAM D. RANSON
RICHARD A. RASMUSSEN
JONATHAN D. RAYMOND
CHRISTOPHER J. REHWALDT
CHARLES P. REICHE, JR.
JEREMY E. REINFELD
CAMERON M. RENNER
GLEN J. REUKEMA
CHRISTOPHER M. REYNOLDS
JARET R. RHINEHART

[[Page 5575]]

BOBBY R. RHODES
THOMAS E. RICHARDS III
TRAVIS R. RICHIE
ABIGAIL M. RICHMOND
TIMOTHY R. RICHMOND
ANTHONY C. RICKMAN
ANNA M. RILEA
ANDREW F. RILEY
RUBEN S. RILLOS
JASON D. ROACH
CHAD E. ROBERTS
HOWARD L. ROBERTS
JASON K. ROBERTS
CHRISTIAN M. ROBERTSON
JACOB Q. ROBINSON
DARREN M. ROCK
BRIAN L. ROCKEL
MICHAEL J. ROD
EDNA RODRIGUEZ
RODNEY C. RODRIGUEZ
ERIC Q. ROSE
MARCUS V. ROSSI
CHRISTOPHER P. ROY
LOU H. ROYER
MITCHELL F. RUBINSTEIN
NEIL A. RUGGIERO
PETER M. RUMMLER
ANDREW A. RUNDLE
FRANK C. RUNDUS
KEVIN L. RUSCH
KEVIN M. RYAN
WILLIAM J. RYAN III
MICHAEL J. SADDLER
DONOVAN J. SALERNO
TODD M. SANDERS
ERIC SANTHUFF
BRIAN P. SANTUCCI
RYAN B. SATHER
MARK F. SCHAEFER
RICHARD R. SCHELLHAAS
JACKIE L. SCHILLER II
RYAN A. SCHILLER
WILLIAM R. SCHMIDT
ZACHERY M. SCHNEIDER
ANDREW J. SCHOENMAKER
STEVEN M. SCHREIBER
AARON J. SCHWARTZ
JAMES P. SCONFIETTI III
JON C. SEE
WILLIAM G. SEELMANN, JR.
MARCO D. SERNA
RYAN C. SHAFFER
JASON A. SHARP
DALLAS E. SHAW, JR.
KEVIN A. SHEA
RYAN D. SHEA
SEAN M. SHEA
DAVID M. SHEARMAN
GARY A. SHILL
DAVID A. SHIPLEY
JASON R. SHOCKEY
KYLE B. SHOOP
GEOFFREY S. SHOWS
ERIK T. SIEGEL
ANDREW J. SIMMONS
THOMAS M. SIVERTS
KEVIN W. SKENE
WILLIAM G. SLACK
DEVIN A. SMILEY
MARK A. SMITH
RANDALL W. SMITH
WILLIAM R. SMITH
TEMITOPE O. SONGONUGA
JEREMY T. SOULE
JEFFREY T. SPEEDY
AMMIN K. SPENCER
THOMAS D. SPRADLIN
ERIK T. SPRAGUE
JESS K. SPRINGFIELD
KIRK SRIPINYO
SCOTT A. STAHL
GREGORY STARACE
STEPHEN A. STARR
MATTHEW L. STEELE
RICHARD R. STEELE
DAWN M. STEINBERG
SCOTT E. STEPHAN
WILLIAM G. STEUBER
BRENT W. STEVENS
LATRESA A. STEWARD
KEVIN M. STOFFELL
JASON R. STOJKA
ROBERT M. STORCK
JEROME A. STOVALL
JOSHUA D. STRAND
MARK A. STRATTON
BRENT W. STRICKER
JAMES I. STRICKLER
MARK W. STROM
PAUL D. STUBBS
SHAWN C. STUDLEY
BRENDAN P. SULLIVAN
JUAN P. SVENNINGSEN
GREGORY T. SWARTHOUT
JEFFREY M. SYKES
ALLEN E. SZCZEPEK, JR.
KEVIN J. SZEPE
SPENCER A. SZEWCZYK
ANIELA K. SZYMANSKI
PHILIP J. TADENA
KOICHI TAKAGI
BENJAMIN J. TAYLOR
CASEY L. TAYLOR
TIMOTHY S. TAYLOR
JOHN J. TEBBETTS
STEPHEN W. THEBERGE
BRANDON K. THOMAS
CHRISTOPHER J. THOMAS
DANIEL J. THOMAS
GRAHAM E. THOMAS
SEA S. THOMAS
FARRAH M. THOMPSON
HARRY K. THOMPSON, JR.
ARTHUR J. THORNTON
FLETCHER C. TIDWELL
KEITH P. TIGHE
DAVID F. TOLAR
TIMOTHY L. TORMEY
DAMON M. TORRES
GILBERTO TREJO, JR.
MATTHEW A. TREPTOW
NATALIE M. TROGUS
ANDREW M. TURNER
DAVID A. TURNER
RUSSELL A. TUTEN
PHILIP A. TWEED
CHAD L. ULRICH
RODOLFO S. URIOSTEGUI
STEVE URREA
JAMES R. UWINS
DILLON D. VADEN
JAMES R. VALLARIO
PAUL L. VANDERWATER
BRADLEY J. VANSLYKE
DAVID P. VAUGHAN, JR.
WILLIAM L. VAUGHAN, JR.
CHRISTIAN R. VELASCO
MATTHEW L. VOGT
MICHAEL P. VOLMER
JASON T. VRABLE
DENNIS C. WAIT
KAREN M. WALKER
WILLIAM F. WALKER
SEAN R. WALSH
ERIC J. WALTHER
WILLIAM L. WARD
LUKE T. WATSON
HUGH D. WEAVER
DALE H. WEBSTER
MARK B. WEINRICH
KEEGAN J. WELCH
SCOTT F. WELCH
SEAN T. WELCH
RYAN D. WELKEN
MICHAEL A. WELSCH
NICHOLAS J. WESSMAN
MARVIN T. WHITE
BRANDON L. WHITFIELD
BRIAN B. WILCOX
ANA C. WILLIAMS
ANTONIO V. WILLIAMS
MALCOLM A. WILLIAMS
ERIC J. WILLIAMSON
ERIC D. WILSON
NICHOLAS R. WINEMAN
NICOLAS R. WISECARVER
MARK E. WOODARD
JOHN D. WRAY
GREGORY D. WRIGHT
KHARI C. WRIGHT
JACK Z. WU
JOSEPH T. YAMRICK
PETER B. YOUNG
MARK E. ZARNECKI
ANTHONY E. ZINNI
MATTHEW P. ZUMMO
JANHENDRIK C. ZURLIPPE
ROBERT B. ZWAYER

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

                        To be lieutenant colonel

HARALD AAGAARD
MARC A. ALEXANDER
DAVID C. ANDERSON
RICHARD T. ANDERSON
KARL R. ARBOGAST
VIRGILIO G. ARCEGA, JR.
VICTOR W. ARGOBRIGHT II
ERIK A. ARRINGTON
ANDREW A. AUSTIN
LARRY A. BAILEY, JR.
THOMAS P. BAJUS II
WILLIAM T. BAKER
AISHA M. BAKKAR
WESLEY T. BANE
DAVID G. BARDORF
STEPHEN D. BATES
JASON A. BELL
AARON E. BENNETT
DANIEL G. BENZ
ANDREW J. BERGEN
JOHN J. BERGERON
DAVID R. BERKE
DAMIAN A. BESS
WAYNE R. BEYER, JR.
NED M. BIEHL
CAROLYN D. BIRD
FRED W. BISTA III
THOMAS J. BLACKWELL
KEITH R. BLAKELY
PATRICK R. BLANCHARD
DAVID M. BLANKENSHIP
RICHARD A. BOGIN
JACK G. BOLTON
CHRISTOPHER J. BONIFACE
MICHAEL A. BOORSTEIN
PARRISH M. BOULWARE
GILES R. BOYCE
DARREN S. BOYD
JESSICA M. BRADLEY
KENNETH L. BRIGGS
ROBERT B. BRODIE
PHILLIP V. BROOKING
MICHAEL A. BROOKS, JR.
DEREK J. BROSTEK
DAREN L. BROWN
LARRY G. BROWN
BRIAN T. BRUGGEMAN
MICHAEL D. BRYAN
ALVIN BRYANT, JR.
DUNCAN J. BUCHANAN
KEITH E. BURKEPILE
TIMOTHY G. BURTON
MICHAEL J. BYRNE
CHRISTOPHER T. CABLE
THOMAS H. CAMPBELL III
EDWARD T. CARD, JR.
KEVIN T. CARLISLE
DANIEL P. CARLSON
WILLIAM P. CARROLL
SEAN M. CARY
ROBERT T. CASTRO
HENRY CENTENO, JR.
JEROME J. CHANDLER
SEAN S. CHARNEY
FRANCIS K. CHAWK III
ROBERT R. CHESHIRE
VINCENT J. CIUCCOLI
RONALD J. CLARK
DARIN J. CLARKE
MARK H. CLINGAN
ERIC D. CLOUTIER
ERIK E. COBHAM
MICHAEL R. COLETTA
BRIAN C. COLLINS
SEAN C. COLLINS
JESSE C. CONSTANTE
MARK S. COPPESS
BRYAN C. CORCORAN
LEE A. CRACKNELL
MITCHELL A. CRIGER
JOSEPH E. CROSS
SHAWN P. CUNNINGHAM
WARREN J. CURRY
HUGH C. CURTRIGHT IV
CHRISTOPHER H. DALTON
GEORGE J. DAVID
VAN M. DAVIDSON III
EDWARD J. DEBISH
JOSEPH K. DECAPITE
DWIGHT E. DEJONG
JOSEPH E. DELANEY
STEVEN J. DELAZARO
CHRISTOPHER F. DELONG
DOUGLAS L. DEWITT
GEORGE W. DICKEY, JR.
ROSWELL V. DIXON
CHARLES B. DOCKERY
JONATHAN M. DONIGAN
SIMON M. DORAN
MICHAEL J. DOUGHERTY
LANCE A. DOWD, JR.
CHRISTOPHER G. DOWNS
JASON C. DRAKE
TIMOTHY R. DREMANN
ALFREDO DUBOIS
MICHAEL S. DUCAR
JONATHAN P. DUNNE
BRIAN P. DUPLESSIS
TOBY G. DYER
DOUGLAS S. DYSON
ANDREW C. EANNIELLO
JAY M. EGLOFF
STACY L. EIBEN
EDWARD J. EIBERT, JR.
RANDAL S. ENGBERG
PETER J. EPTON
MICHAEL R. ERCOLANO III
MATTHEW W. ERICKSON
GABRIEL J. FABBRI
DAVID M. FALLON
TYRONE H. FERREL
JOHN M. FIELD
WALKER M. FIELD
SHAUN M. FITZSIMMONS
GREGORY P. FLAHERTY
SETH W. FOLSOM
BRIAN W. FOSTER
LEON J. FRANCIS
TYRONE R. FRANKLIN
ANTHONY N. FRASCO
CHRISTOPHER M. FREY
FRIDRIK FRIDRIKSSON
ADOLFO GARCIA, JR.
DENISE M. GARCIA
ERIC GARCIA
SEAN B. GARICK
WENDY S. GARRITY
JEFFREY W. GARZA
JOSHUA K. GELERTER
DANA A. GEMMINGEN
DAVID S. GIBBS
JOSEPH C. GIGLIOTTI

[[Page 5576]]

ALLEN L. GILBERT
BRIAN S. GILDEN
BRIAN L. GILMAN
KEVIN D. GLATHAR
RUFINO H. GOMEZ
BRUCE D. GORDON
KURT I. GORDON
THOMAS D. GORE
RONALD S. GOUKER
RYAN G. GOULETTE
WILLIAM C. GRAY
BARTT G. GREENE
KIRK A. GREINER
KRISTINA K. GRIFFIN
ALLEN D. GRINALDS
BRADLEY G. GROSVENOR
GREGORY L. GRUNWALD
PAUL GULBRANDSEN
RYAN R. GUTZWILLER
JOHN M. HACKEL
CHARLES C. HALE
HOWARD F. HALL
ROBERT J. HALLETT
JAMES G. HAMILL
JEFFREY C. HANIFORD
JARED J. HANSBROUGH
DOUGLAS HARDY
JAMES A. HARRIS IV
BRETT A. HART
DENNIS J. HART
EDWARD B. HASTINGS
BRIAN C. HAWKINS
MARK D. HAWKINS
MAURA M. HENNIGAN
JAMES C. HERRERA
STEVEN J. HIMELSPACH
ERIC HIMLER
BRADEN W. HISEY
GARRETT R. HOFFMAN
RANDALL S. HOFFMAN
JASON T. HOLDEN
JAY M. HOLTERMANN
TRAVIS L. HOMIAK
SAMUEL K. HOWARD
MATTHEW F. HOWES
CHRISTOPHER D. HRUDKA
DAVID W. HUDSPETH
NICOLE K. HUDSPETH
SHAWN J. HUGHES
LAWRENCE K. HUSSEY
CLAUDE O. HUTTON, JR.
ADAM E. HYAMS
LANCE A. JACKOLA
BETHANY D. JENKINS
LARRY M. JENKINS, JR.
DANNY L. JOHNSON
ERIC S. JOHNSON
KARL E. JOHNSON
MICHAEL H. JOHNSON
SCOTT R. JOHNSON
TERRY M. JOHNSON
JOSEPH W. JONES
MICHAEL A. JUENGER
DAVID A. KALINSKE
ROBERT A. KAMINSKI
BRIAN H. KANE
STEPHEN F. KEANE
GERALD W. KEARNEY, JR.
THOMAS D. KEATING
JASON T. KEEFER
HUNTER R. KELLOGG
LYLE R. KENDOLL
MATTHEW J. KENT
SEAN C. KILLEEN
THOMAS T. KING
KARL K. KNAPP
BRENT A. KNIPPENBERG
ERIC J. KNOWLTON
KEITH F. KOPETS
THOMAS G. LACROIX
GEORGE LAMBERT
MICHAEL L. LANDREE
TROY D. LANDRY
DANIEL L. LANG
JONATHAN E. LANGLOIS
CHRISTOPHER J. LAUER
STEPHEN J. LAVELLE
KENNETH G. LEE
CRAIG C. LEFLORE
THOMAS A. LENHARDT
GLEN A. LEWIS
STEPHEN J. LIGHTFOOT
GORDON J. LIMB
MARK A. LIST
THOMAS S. LITTLE II
FERDINAND F. LLANTERO
GARY J. LOBERG
DAVID W. LOCKNER
BART W. LOGUE
CHARLES M. LONG, JR.
ERIK C. LOQUIST
NICHOLAS J. LOURIAN
WILLIAM A. LOVEWELL
DOUGLAS G. LUCCIO
BENJAMIN J. LUCIANO
SCOTT J. LUCKIE
CHRISTOPHER G. MADELINE
WAYNE K. MAGRISI
ROBERT K. MALDONADO
EUGENE A. MAMAJEK, JR.
GREGORY MARCHLINSKI
GEORGE W. MARKERT V
MARIA A. MARTE
MICHAEL J. MARTIN
VINCE R. MARTINEZ
AARON C. MARX
KEVIN J. MASSETT
RICHARD P. MATYSKIELA
PETER MCALEER
PETER L. MCARDLE
BRIAN G. MCAVOY
JAMES P. MCDONOUGH III
JASON S. MCFARLAND
RONALD H. MCLAUGHLIN
CARL L. MCLEOD
DANIEL J. MCMICHAEL
MICHAEL E. MCWILLIAMS
JAMES E. MEEK
PAUL M. MELCHIOR
JASON D. MERKER
PETER M. MEYER
RICARDO MIAGANY
CARL W. MILLER III
GORDON D. MILLER
MICHAEL T. MILLER
PAUL W. MILLER
TIMOTHY P. MILLER
JOHN E. MING
TIMOTHY B. MISSLER
JOSEPH F. MOFFATT III
IVAN I. MONCLOVA
MARTY A. MOORE
JEFFERY M. MORGAN
MATTHEW W. MORGAN
MICHAEL D. MORI
DAVID C. MORRIS
JAMES D. MOSELEY
CHARLES J. MOSES
MATTHEW T. MOWERY
KIRK D. MULLINS
MICHAEL B. MULLINS
BRENDAN S. MULVANEY
MICHAEL J. MURCHISON
NEIL F. MURPHY, JR.
ADAM L. MUSOFF
LEONARD E. NEAL
STEPHEN L. NEWSOME
KEVIN A. NORTON
KIRK D. NOTHELFER
TILEY R. NUNNINK
CHRISTOPHER H. OLIVER
ERIC R. OLSON
KEVIN T OROURKE
THOMAS F. OSTERHOUDT
RUSSELL W. PARKER
KEITH A. PARRY
SEAN W. PASCOLI
SEAN P. PATAK
MARK P. PATTERSON
JEFFREY M. PAVELKO
JOHN G. PAYNE, JR.
TODD R. PEERY
MICHAEL J. PELAK
JEFFREY P. PELLEGRINO
MICHAEL J. PEREZ
JACK D. PERRIN
BRIAN R. PETERSON
ERIC J. PETERSON
ADIN M. PFEUFFER
MATTHEW H. PHARES
DAVID M. PHILLIPPI
ROBERT C. PIDDOCK
GREGORY T. POLAND
KATHERINE I. POLEVITZKY
ANTHONY G. PORTER
JOEL P. POUDRIER
MICHAEL J. POWELL
TRAVIS L. POWERS
JASON M. PRATT
BRIAN C. PROCTOR
MICHAEL B. PROSSER
RANDOLPH G. PUGH
GREGORY T. PUNTNEY
ERIC R. QUEHL
INNES QUIROZ
CHRISTIAN M. RANKIN
KYLE G. RASH
JOSEPH D. REEDY III
GARY R. REIDENBACH
BRENT C. REIFFER
JUSTIN R. REIMAN
MARK S. REVOR
GREGORY F. RHODEN
EDWIN R. RICH II
CHRISTIAN D. RICHARDSON
MICHAEL M. RICHMAN
BRET H. RITTERBY
RALPH J. RIZZO, JR.
CHRISTOPHER C. ROBINSON
SCOTT A. ROBINSON
JOHN H. ROCHFORD II
CHRISTOPHER W. ROE
GARY T. ROESTI
KEVIN C. ROSEN
BRIAN A. ROSS
JEFFREY A. ROTHSTEIN
JOHN D. ROUNTREE
ROBERT V. RUBIO
JOSEPH E. RUPP
NATHAN M. RUSH
PHILLIP D. SANCHEZ
KENNETH M. SANDLER
REX W. SAPPENFIELD
WILLIAM R. SAUERLAND, JR.
DOUGLAS G. SCHAFFER
JOHN L. SCHAURES
PHILLIP J. SCHENDLER
BYRON L. SCHLATHER
KEVIN A. SCHLEGEL
RICHARD J. SCHMIDT
DANIEL A. SCHMITT
TIMOTHY L. SCHNEIDER
GEORGE C. SCHREFFLER III
BRYNN H. SCHREINER
RAYMOND J. SCHREINER
MARK R. SCHROEDER
CRAIG R. SCHWETJE
JEFFREY P. SCOFIELD
JEFFREY B. SCOTT
MATTHEW R. SEAY
ANTHONY T. SERMARINI
JOEL V. SEWELL
PATRICK S. SEYBOLD
CHRISTOPHER B. SHAW
MATTHEW R. SHENBERGER
TIMOTHY A. SHEYDA
MATTHEW C. SHORTAL
BRYAN W. SIMMONS
BRIAN D. SIMON
PATRICK E. SIMON
THOMAS K. SIMPERS
BRIAN C. SMITH, JR.
DOUGLAS W. SMITH
SINCLAIR D. SMITH
BLAIR J. SOKOL
THOMAS M. SONGSTER II
JOHN W. SPAID
WILLIAM R. SPEIGLE II
DANIEL N. SPRENKLE, JR.
WILLIE M. STANSELL III
TIMOTHY STEFANICK
KIMBERLY A. STEPHENS
THOMAS S. STEPHENS, JR.
JEFFREY J. STOWER
ROBERT E. STPETER
ANDREW J. STRALEY
KURT A. STRANGE
MICHAEL S. STYSKAL
EDWARD R. SULLIVAN
JOHN P. SULLIVAN, JR.
CHRISTOPHER S. SUTTON
ROBERT T. SWEGINNIS
JONATHAN S. SWOPE
JEFFREY A. SYMONS
GLENN K. TAKABAYASHI
RODNEY R. TATUM, JR.
MATTHEW J. TAYLOR
STACEY L. TAYLOR
GEOFFREY T. TETTERTON
TYRONE P. THERIOT
CHRISTOPHER J. THIELEMANN
ALISON J. THOMPSON
CHRISTOPHER G. TOLAR
DONALD J. TOMICH
JONATHON A. TONEY
BRADLEY S. TRAGER
SCOTT B. TRAIL
KEVIN C. TRIMBLE
PATRICK M. TUCKER
JOON H. UM
CARLOS A. VALLEJO
DAVID T. VANBENNEKUM
JEFFREY A. VANDAVEER
JOHN T. VAUGHAN
NICHOLAS P. VAVICH
SCOTT W. VOGT
SCOTT W. WADLE
EVAN R. WAHL
DAVID C. WALLIS III
BENNETT W. WALSH
GILBERT A. WARNER
CLARK E. WATSON
AARON D. WEISS
STEPHAN F. WHITEHEAD
JAMES S. WHITEKER
BYRON T. WIEDEMAN
WADE E. WIEGEL
JOHN J. WIENER
CRAIG W. WIGGERS
GEORGE A. WILLIAMS
KEVIN A. WILLIAMS
VERNON J. WILLIAMS
AHMED T. WILLIAMSON
ROBERT A. WINSTON
ROBERT L. WISER
ARTHUR J. WOODS
DONALD R. WRIGHT
GREGORY A. WYNN
VINCENT J. YASAKI
ERIC K. YINGST, JR.
SETH E. YOST
MARK W. ZIPSIE






[[Page 5577]]

         HOUSE OF REPRESENTATIVES--Wednesday, February 25, 2009

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

                          ____________________




                 DESIGNATION OF THE SPEAKER PRO TEMPORE

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

                                               Washington, DC,

                                                February 25, 2009.
       I hereby appoint the Honorable Tim Holden to act as Speaker 
     pro tempore on this day.
                                                     Nancy Pelosi,
     Speaker of the House of Representatives.

                          ____________________




                                 PRAYER

  The Chaplain, the Reverend Daniel P. Coughlin, offered the following 
prayer:
  With our eyes fixed firmly on the coming of spring and on You, the 
creator of the whole universe, we resolve to hold fast to lasting 
values and the transcendent gifts of peace because of Your many 
blessings upon this Nation.
  Yet we are called to renew our sense of equal justice and our 
equilibrium in a globalized world. Let the changes we embrace as 
disciplines because we are disciples in faith build our confidence in 
the future.
  May prayer lift us beyond self-interest. May fasting bring us to the 
freedom to say, ``That's enough.'' May our prayer and fasting lead us 
to greater compassion for others and great deeds of charity for those 
most in need. Since we are created in Your own image and likeness, we 
see You reflected in all Your people, especially those whom we serve in 
Your holy name.
  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. LYNCH. 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.
  Mr. LYNCH. 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 Texas (Mr. Sam 
Johnson) come forward and lead the House in the Pledge of Allegiance.
  Mr. SAM JOHNSON of Texas led the Pledge of Allegiance as follows:

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

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

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

                          ____________________




                INCREASE REVENUE TO BALANCE THIS BUDGET

  (Mr. MORAN of Virginia asked and was given permission to address the 
House for 1 minute and to revise and extend his remarks.)
  Mr. MORAN of Virginia. Mr. Speaker, America is blessed to be led by 
the most eloquent spokesperson on the planet, but Barack Obama very 
well knows, as we do, that it's not enough to talk the talk, you have 
to walk the walk. The first step on that very rocky road begins 
tomorrow with the budget submission.
  If the private sector is not willing to make the loans, to start the 
businesses, to hire the people necessary to get this economy back on 
its feet, then the public sector has to step up to the plate. But if we 
are going to be faithful to our children's future, then we are going to 
have to pay for the cost of this stimulus package and this budget 
submission, and that means that we are going to have to increase 
revenue so that we can ultimately balance this budget.
  Democrats did that during the Clinton administration, and it worked, 
we generated budget surpluses and people at the highest tax rates 
brought home more after tax income than at any other time in American 
history. I know we have the courage to do that today, but the 
Republican Party also has to come up with a more constructive mantra 
than just saying ``no.''

                          ____________________




                    CHANGE OUR PRACTICES ON EARMARKS

  (Mr. FLAKE asked and was given permission to address the House for 1 
minute.)
  Mr. FLAKE. Mr. Speaker, it was recently reported by Politico that 
``FBI agents have spent months laying the groundwork for their current 
investigation, including conducting research on earmarks and campaign 
contributions.''
  With this as a backdrop, today we will consider a privileged 
resolution asking the Ethics Committee to conduct an investigation. 
This is not a partisan resolution. It mentions no individual Member of 
Congress. It mentions no political party.
  Over the past few years, we have seen outside investigations lead to 
indictments and convictions related to earmarks, yet we have done 
little to change our practices.
  Today we will consider an omnibus spending bill containing nearly 
9,000 earmarks, many of which are no-bid contracts to private 
companies, companies whose executives have, in addition to their 
lobbyists, contributed millions of dollars to Members who secured those 
earmarks. This simply isn't right.
  Mr. Speaker, we owe this institution far more than we are giving it. 
Let's vote for this privileged resolution and give it the respect and 
dignity it deserves.

                          ____________________




                         THE PEOPLE'S CHALLENGE

  (Mr. BRALEY of Iowa asked and was given permission to address the 
House for 1 minute and to revise and extend his remarks.)
  Mr. BRALEY of Iowa. Mr. Speaker, last night President Obama issued a 
call to action to the American people, and the American people are 
responding with a resounding ``Yes, we can.''
  The problems that we face are many and enormous, and yet this is our 
challenge, it is our responsibility, and there is no better place than 
the people's House to do the people's business. Whether it's restoring 
confidence in our faltering financial markets, propping up a credit 
market that is nonexistent, focusing on the incredible housing problems 
we face in this country, and at the same time committing

[[Page 5578]]

investments in our educational system, investments in our health care 
reform and making sure that we have an energy policy that takes our 
dependence away from foreign oil and redirects it to renewable energy 
here in the United States.
  This is still the government of the people, by the people and for the 
people, and this is the people's challenge. The President cannot solve 
these problems on his own. We are all in this together. It's time for 
the American people to make a renewed commitment to this country, 
reinvest in the future of America and inspire us to the new level of 
responsibility in the world community.

                          ____________________




                                GO TEXAN

  (Mr. POE of Texas asked and was given permission to address the House 
for 1 minute.)
  Mr. POE of Texas. Mr. Speaker, this weekend over 4,000 trail riders 
will be arriving in Houston, Texas, and parade through downtown to kick 
off the world's largest rodeo and livestock show. These cowboys have 
been on the trail for days riding from towns all around Texas. With 
their horses, chuck wagons and barbecue, these riders are a mixture of 
lawyers, executives, doctors, refinery workers, teachers and kids. 
There are also some real cowboys.
  The Houston Rodeo and Livestock Show started in 1931 when seven men 
decided over lunch at the Texas State Hotel that this event was needed. 
The Rodeo and Livestock Show uses 20,000 volunteers and raises over $11 
million for scholarships for FFA students from all over Texas. The 
rodeo has featured such notable entertainers as Gene Autry, Roy Rogers, 
Elvis, George Strait and every major country singer in the world.
  For 15 nights, 50,000 Houstonians ``Go Texan'' and ``Cowboy Up'' for 
not only the world's largest rodeo, but the world's largest barbecue 
cook-off. All of these events center around Texas Independence Day, 
March 2. But it is the trail riders that relive the past of the Old 
West by spending days on the trail that are the ones that start this 
excitement.
  And that's just the way it is.

                          ____________________




                  MEET OUR INDIVIDUAL RESPONSIBILITIES

  (Mr. YARMUTH asked and was given permission to address the House for 
1 minute.)
  Mr. YARMUTH. Mr. Speaker, I like to think that government is the way 
that we organize our responsibilities to each other.
  Last night, President Obama gave a clear path to explain how this 
government can help us meet our responsibilities to each other. He 
mentioned government and laid a groundwork for government, not as a 
substitute for private initiative and private enterprise, but as a 
catalyst for private initiative and private enterprise.
  As a facilitator and enabler he showed the way that this government 
can help people realize their ambitions and rebuild America in a much 
stronger position.
  As we move forward in considering the agenda that President Obama has 
laid out, I hope that we will remember that not only do we call on 
individual Americans to meet their responsibilities to each other, but 
that we as Members of Congress meet our individual responsibilities to 
them and to make this government one that truly stands united in favor 
of the American people.
  This was truly an inspirational charge that we were given last night, 
and I hope we all listen carefully.

                          ____________________




                   NOW IS NOT THE TIME FOR TAX HIKES

  (Mr. SAM JOHNSON of Texas asked and was given permission to address 
the House for 1 minute and to revise and extend his remarks.)
  Mr. SAM JOHNSON of Texas. Mr. Speaker, after just passing a $1 
trillion spending plan, the Democrats in Congress claim they will tax 
and spend our way out of this economic gloom. I believe we should root 
out government waste before we add new government spending, and we 
don't want to increase taxes when folks are already feeling pinched by 
this tough economy.
  In the Texas State House, the Speaker threatened to kick me off Ways 
and Means if I didn't vote to raise taxes. I just said ``no.'' When I 
didn't vote to raise taxes, they booted me off the committee. What can 
I say--there were no new taxes in Texas. How about America?
  This Congress must approve a Federal spending freeze before we can 
consider tax hikes during these uncertain economic times. The last 
thing we need to do is push consumer confidence even lower. Let's take 
tax hikes off the table.

                          ____________________




                   A CALL FOR ACTION FROM THIS NATION

  (Mr. WALZ asked and was given permission to address the House for 1 
minute.)
  Mr. WALZ. Mr. Speaker, last night President Obama issued a call for 
action from this Nation. He clearly laid out the economic situation 
that we are in right now, but, more importantly, he laid out a plan for 
growth, a plan that started a week ago with the passage of the American 
Reinvestment and Recovery Act.
  What it did was it staunched the bleeding of jobs that we were losing 
at a rate of 600,000 in January, but it made a much more important 
investment in the future. President Obama laid out his priorities for 
the next budget, an investment in education, an investment in energy 
security and an investment in reining in the cost of health care.
  I represent the southern Minnesota district that includes the Mayo 
Clinic. I also represent a district that is a leader in wind production 
and biofuels, not just nationwide but internationally.
  I also had a guest last night, Chuck Ehler, the superintendent of a 
small school, Rushford-Peterson, in my district. That community was 
devastated by flooding that had a Federal disaster in 2007. It's a 103-
year-old building.
  The people and the citizens who will fuel our economic recovery are 
those citizens trying to learn in a building that will not work. We 
must invest in the future. That's how we repair our economy.

                          ____________________




                         WE STAND READY TO WORK

  (Mr. WILSON of South Carolina asked and was given permission to 
address the House for 1 minute and to revise and extend his remarks.)
  Mr. WILSON of South Carolina. Mr. Speaker, House Republicans remain 
ready to tackle the tough challenges facing our Nation. Getting our 
economy back on track, providing affordable quality education and 
health care, and protecting American families are of concern to every 
American and every Member of this body.
  But there are differences. On the issue of raising taxes, House 
Republicans are concerned that this would destroy jobs in an already 
troubled economy. We oppose plans that will continue to borrow and 
spend. We believe the American people should keep more of their own 
money and government should limit its own budget.
  Fiscal responsibility must mean we limit spending, not just raise 
taxes in order to build more government. We stand ready to work with 
our colleagues to make these tough decisions.
  In conclusion, God bless our troops, and we will never forget 
September the 11th.

                          ____________________




          GIVE OUR TROOPS THE BEST POSSIBLE CHANCE FOR SUCCESS

  (Mr. BRIGHT asked and was given permission to address the House for 1 
minute.)
  Mr. BRIGHT. Mr. Speaker, last week I visited Iraq and Afghanistan for 
the first time as a Member of Congress.
  The six-member bipartisan delegation met with soldiers, commanders, 
Iraqi and Afghanistan leaders and ordinary citizens. Though it was a 
truly eye-opening experience, it only strengthened my deep respect and 
gratitude for the men and women who serve

[[Page 5579]]

in our military. They have always performed bravely and done everything 
we have asked them to do.
  As we were in the Middle East, the President announced that an 
additional 17,000 troops would be sent to Afghanistan. Based on my 
observations in Afghanistan, a strengthened American presence is badly 
needed, along with a strong coalition. However, there should be a clear 
sense of mission with measurable goals in order to give our troops the 
best possible chance for success.
  I look forward to working on the Armed Services Committee to ensure 
that we meet these goals and that our troops are always given the 
resources they need.

                          ____________________




                            MONKEY BITE BILL

  (Mr. BISHOP of Utah asked and was given permission to address the 
House for 1 minute.)
  Mr. BISHOP of Utah. Mr. Speaker, yesterday in this House we passed a 
monkey bite bill, and whether one agrees with me that we spent millions 
of dollars to create a bureaucracy that does not solve the problem is 
insignificant.
  What is significant is one considers the time we spent last year and 
this year. It is arguably the case that we have spent more time on this 
floor talking about monkey bites than we have in talking about a $400 
billion spending package.
  The President was exactly right last night when he said Americans 
will work their way through the situation, but history will judge 
whether the actions of this House have hindered or helped Americans in 
that quest to work their way through this situation and, indeed, the 
verdict may be mixed. But history will not forgive us if we abdicate 
our responsibility to be representatives of the people and know the 
details of the bills that come to the floor.
  History will not forgive us if we simply declare an emergency and 
then wave our hands as billions and billions of American tax dollars 
just simply pass us by. Shame on us.

                          ____________________




                              {time}  1015
                     HONESTY CONCERNING THE BUDGET

  (Mr. PALLONE asked and was given permission to address the House for 
1 minute.)
  Mr. PALLONE. Mr. Speaker, when I listen to some of the comments from 
my colleagues on the Republican side, I am surprised by the remarks 
they make about tax increases. If you look at the economic recovery 
package, it actually has one of the biggest tax cuts in this Nation's 
history. For most people, unless they are at $200,000 or above for a 
couple, something like that, they will actually be seeing a tax 
decrease or a tax cut as a result of the economic recovery package.
  The President is being very honest about the budget. If you listened 
to him for the first time now, if you compare him to the previous 
administration, the budget is going to increase the actual cost of the 
Iraq war and the actual cost of Medicare reimbursements. A lot of those 
things were previously hidden.
  In addition to that, most importantly, he talked about the need for 
deficit reduction. Yes, in fact we are spending money as part of the 
economic recovery package. We are giving tax cuts, and that does 
increase the deficit. But over the long term, over the 4 years, the 
goal is to cut the deficit in half.
  It is a very responsible message that he gave last night; short-term 
efforts to achieve economic recovery, long-term efforts to reduce the 
deficit.

                          ____________________




            LESS GOVERNMENT AND REAL SPENDING REFORM NEEDED

  (Mr. FLEMING asked and was given permission to address the House for 
1 minute.)
  Mr. FLEMING. Mr. Speaker, last night we heard the President in this 
very Chamber make the call for Congress to rise above the politics and 
to work together for the benefit of the American people, even though 
this side of the aisle has been shut out of virtually all related 
legislation.
  The President called for fiscal responsibility, and I couldn't agree 
more. But I am perplexed that he would make this call sandwiched 
between the biggest wasteful bills that the liberals in Congress have 
ever submitted. We need to stop the runaway spending to fund programs 
that don't immediately put this country back on track for economic 
stability and which create even more deficits in years to come.
  It is very foolish to spend heavily on an unprecedented number of 
earmarks, only to attempt to balance the budget on the backs of small 
businesses and those who work and save. Governor Jindal pointed out in 
his response how effective less government, less spending, and real 
government reform can be in my home State of Louisiana.
  I say that instead of increasing dependence on government to run our 
daily lives, I strongly suggest that we let the entrepreneurial spirit 
and the work ethic of Americans with real leadership from Congress 
create the pathway out of our economic problems.

                          ____________________




                  CONGRESS IS INVESTING IN THE FUTURE

  (Mr. CONNOLLY of Virginia asked and was given permission to address 
the House for 1 minute and to revise and extend his remarks.)
  Mr. CONNOLLY of Virginia. Mr. Speaker, I rise to address our current 
economic crisis and the critical need for a budget that offers hope and 
confidence to the American people.
  My colleagues and our citizens understand our Nation's dire fiscal 
crisis. Our Gross Domestic Product continues to shrink; auto sales are 
the worst in decades; personal incomes are declining and job losses 
continue to alarm us daily. In my own district, one of the Nation's 
most affluent, demand for food stamps has grown 73 percent over the 
last year, and local officials say the need is much greater and many 
simply do not apply.
  Home values, the largest source of wealth in my district, have 
declined by as much 32 percent. These are staggering declines. Through 
September of 2008, there were thousands of foreclosures in Prince 
William and Fairfax Counties. Stock in Washington metropolitan 
businesses has declined 41 percent in 2008, a tremendous decrease in 
value.
  However, there is hope. President Obama outlined a vision last night 
for long-term financial stability. The significant investment in 
infrastructure, the expansion of the green economy, the call to bring 
fiscal sanity back to health care embodied in the President's message 
bodes well for the future. I support his economic endeavor.

                          ____________________




   THE BEST SOLUTIONS COME FROM MAIN STREET, NOT PENNSYLVANIA AVENUE

  (Mrs. McMORRIS RODGERS asked and was given permission to address the 
House for 1 minute and to revise and extend her remarks.)
  Mrs. McMORRIS RODGERS. Mr. Speaker, last night the Chamber was full 
as President Obama outlined his priorities to solve the challenges that 
face America. And no matter the issue, I think it is so important that 
we remember that the best solutions come from Main Street, and not from 
Pennsylvania Avenue.
  The biggest challenge that our Nation faces is the economy. Growing 
and expanding our economy starts with true tax relief that allows 
middle-class families and small businesses to keep more of their hard-
earned money. It also involves investing in infrastructure and 
workforce so that we will be competitive.
  Today we are scheduled to begin debate on the budget bill. 
Unfortunately, this bill is loaded with earmarks, over 9,000. One 
business owner in Spokane recently asked me, ``Do you in Washington, 
D.C. get it? Do you understand that small businesses, families, are 
having to tighten their belt, make tough decisions?''
  We heard the call last night to start living within our means, and I 
applaud

[[Page 5580]]

President Obama's commitment to reducing our national debt, just like 
families and small businesses have to do with their budgets. Now is the 
time for both parties to back up their promises for fiscal discipline.
  I believe that the best solutions come when Republicans and Democrats 
work together. I look forward to working with Republicans and Democrats 
to solve these issues.

                          ____________________




      PUTTING NATIONAL SECURITY IN PERIL FOR POLITICAL EXPEDIENCY

  (Mr. HUNTER asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. HUNTER. Mr. Speaker, since Mr. Obama became the President, the 
economy has been his focus. But through executive orders and not so 
subtle hints in recent speeches, his administration has put some effort 
into making America less safe than it was 2 years ago.
  Some examples: Throwing out the case against the USS Cole bomber; the 
closing down of Guantanamo; limiting our interrogation techniques; 
cutting defense spending; and announcing a troop surge in Afghanistan 
without the proper infrastructure or funding to support it.
  The French just today released five terrorists that the United States 
released to them for prosecution. If even one of the brave men and 
women who carry the burden of our security on their shoulders in Iraq 
and Afghanistan are harmed by the fact that American operatives can no 
longer get timely information from the enemy through interrogation or 
are attacked by a prisoner released because of the closing of 
Guantanamo, if even one of our men and women in uniform pay the 
ultimate price for these reasons, it will be a sacrifice made so that 
President Obama can score political points with the liberal fringe of 
his party.
  I am a United States Marine and I served in Iraq and Afghanistan, and 
I will not stand by while our national security is put in peril for 
political expediency. Let us not betray those who sacrifice for our 
freedom.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

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

                          ____________________




     SUPPORTING THE GOALS AND IDEALS OF PEACE OFFICERS MEMORIAL DAY

  Mr. LYNCH. Mr. Speaker, I move to suspend the rules and agree to the 
resolution (H. Res. 47) supporting the goals and ideals of Peace 
Officers Memorial Day.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                               H. Res. 47

       Whereas there are more than 900,000 sworn law enforcement 
     officers now serving in the United States;
       Whereas law enforcement officers selflessly protect the 
     people of the United States and communities throughout the 
     country from harm;
       Whereas law enforcement officers serve the country 
     regardless of the peril to themselves;
       Whereas more than 18,340 law enforcement officers have been 
     killed in the line of duty since the first recorded police 
     death in 1792;
       Whereas September 11, 2001, was the deadliest day in law 
     enforcement history with 72 officers killed while responding 
     to the terrorist attacks;
       Whereas 140 law enforcement officers were killed in 2008;
       Whereas Public Law 87-726 designates May 15th of each year 
     as Peace Officers Memorial Day, and Police Week is 
     commemorated during the calendar week containing May 15;
       Whereas section 7(m) of title 4, United States Code, 
     requires that the United States flag on all government 
     buildings be displayed at half-staff on May 15, Peace 
     Officers Memorial Day; and
       Whereas law enforcement officers deserve the gratitude of 
     the people of the United States for their service: Now, 
     therefore, be it
       Resolved, That the House of Representatives--
       (1) supports the goals and ideals of Peace Officers 
     Memorial Day to honor Federal, State, and local peace 
     officers killed or disabled in the line of duty; and
       (2) calls upon the people of the United States to observe 
     such a day with appropriate ceremonies and respect.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Massachusetts (Mr. Lynch) and the gentleman from Texas (Mr. Poe) 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. I yield myself such time as I may consume
  Mr. Speaker, as a member of the House Committee on Oversight and 
Government Reform, I am pleased to join my colleagues and stand in full 
support of the consideration of House Resolution 47, which calls for 
Congress to recognize the goals and ideals of Peace Officers Memorial 
Day, which is commemorated on May 15th of each year during what is 
referred to as National Police Week. House Resolution 47 was introduced 
by our colleague Representative Ted Poe of Texas on January 9, 2009, 
and was considered by and reported from the Oversight Committee on 
February 11th, 2009, by a voice vote.
  The measure has the support and cosponsorship of nearly 70 Members of 
Congress and is designed to acknowledge the work and commitment of more 
than 900,000 sworn law enforcement officers now serving throughout our 
great nation. Daily, these selfless men and women place their lives on 
the line, confronting great risk and challenges in their service to our 
communities and our fellow citizens, which is why it is so befitting 
for us to consider the measure at hand, House Resolution 47, supporting 
the goals and ideals of Peace Officers Memorial Day.
  Over the course of 2008, our country lost nearly 180 law enforcement 
officers in the line of duty. In remembrance of these fallen heroes, 
today we in the House of Representatives take a moment to express our 
gratitude for the service of these courageous Americans by considering 
House Resolution 47.
  By supporting the goals and ideals of Peace Officers Memorial Day, we 
are sending a strong message to our country's law enforcement community 
and their families that we recognize the sacrifices they have made in 
the name of safety and security for all of our cities, townships and 
localities.
  I would like to specifically mention and thank those officers that 
serve throughout Bristol, Suffolk, Plymouth and Norfolk Counties in my 
own congressional district for their great work.
  Commemorating Peace Officers Memorial Day dates back to 1962, when 
then President Kennedy signed Public Law 87-726 designating May 15th as 
Peace Officers Memorial Day and the week in which May 15 falls as 
National Police Week. Since that time, Congress has routinely expressed 
our support for the goals and ideals of this worthy cause.
  I would like to again thank our colleague from Texas, Mr. Poe, for 
reintroducing this year's measure honoring the work of our Nation's 
police officers, many of whom I might add will now be able to stay on 
the job because of the recent enactment of the American Recovery and 
Reinvestment Act.
  Mr. Speaker, in the coming months, Peace Officers Memorial Day will 
be celebrated across our great land with various events, memorials and 
programs, all designed to highlight the work of these great Americans. 
In closing, let us too join in the commemoration of our country's law 
enforcement officers by agreeing to pass House Resolution 47.

[[Page 5581]]

  I reserve the balance of my time.
  Mr. POE of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H. Res. 47, supporting the goals 
and ideals of Peace Officers Memorial Day. Each year, the President 
issues a proclamation naming May the 15th as National Peace Officers 
Memorial Day. I decided to introduce this piece of legislation again 
because I believe that Congress should pay the tribute to the brave men 
and women who proudly serve us as law enforcement officers.
  Americans have been protected by peace officers for now 217 years, 
and it all goes back to the early settlers in Boston that established a 
program called ``night watch'' to safeguard their citizens.
  Not a day goes by that law enforcement officers do not face danger in 
their mission to keep us safe from crime, acts of violence and now 
terrorism. On May 17, 1792, New York City's Deputy Sheriff Isaac Smith, 
became the first recorded peace officer to be killed in the line of 
duty. Since that time, 18,340 peace officers have been killed while on 
the job. Each year, over 50,000 police officers are assaulted, and in 
2008, 140 of these brave officers were killed protecting their fellow 
Americans. Of these 140 officers, 10 percent, 14, are from my home 
State of Texas.
  A quote by President George H.W. Bush is engraved on the National Law 
Enforcement Officers Memorial located in Washington, DC that summarizes 
the mission of the 900,000 current sworn peace officers in this 
country. It states that it is an officer's ``continuing quest to 
preserve both democracy and decency and to protect a national treasure 
that we call the American dream.'' It is clear this quest is worthy of 
the respect that our citizens show for their peace officers.
  In paying homage to these fallen heroes, we are once again reminded 
that in 1961 Congress created Peace Officers Memorial Day and 
designated it to be commemorated each year on May 15th. This yearly 
tribute to peace officers provides each of us with an opportunity to 
honor those who lost their lives while protecting the citizens of this 
country.
  Thousands of visitors pay respect to our peace officers at the 
National Law Enforcement Memorial on May 15th. On May 15th of this 
year, a flag will be flown at half staff, as it always is on that date, 
to show respect and gratitude for the fallen peace officers who have 
made the ultimate sacrifice for our citizens.
  We appreciate with gratitude all of the peace officers for their 
dedication and their sacrifice. During my 20 years as a judge in Texas, 
I had the absolute privilege of working alongside some of America's 
finest peace officers. Some of those have been killed in the line of 
duty. Now, as founder and cochair of the Congressional Victims Rights 
Caucus, I recognize that unfortunately peace officers are too victims, 
as many citizens are.

                              {time}  1030

  And they are actually, Mr. Speaker, the last strand of wire in the 
fence between the law and those that violate the law. I'm grateful for 
the brave and selfless service of this Nation's peace officers.
  With that, I ask all Members to join me in support of H. Res. 47.
  I reserve the balance of my time.
  Mr. LYNCH. We continue to reserve. We have no further speakers.
  Mr. POE of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  I would like to recognize two gentlemen that not too long ago in this 
Capitol, the People's House, on July 28, 1998, Jacob Chestnut and John 
Michael Gibson, Capitol police officers, while we were having a 
memorial ceremony here in the Rotunda, these two officers protected the 
lives of other Members of the House of Representatives, and because of 
that, both of them were killed in the line of duty. So they are two of 
many peace officers that gave up their lives for the rest of us.
  I mentioned that there were 14 peace officers from the State of Texas 
that were killed last year. Mr. Speaker. They are:
  Deputy Constable David Joubert from the Harris County Constable's 
Office.
  Police Officer Matthew Thebeau from the Corpus Christi Police 
Department.
  Corporal Harry Thielepap from the Harris County Constable's Office.
  Senior Corporal Victor Lozada, Sr. from the Dallas Police Department.
  State Trooper James Burns from the Highway Patrol in Huntsville, 
Texas.
  Police Officer Everett Dennis from the Carthage Police Department.
  Sergeant Barbara Shumate from the Texas Department of Criminal 
Justice.
  Police Officer Gary Gryder, a personal friend of mine. He served in 
the Houston Police Department.
  Detective Tommy Keen, Harris County Sheriff's Department.
  Game Warden George Whatley, Jr. from the Texas Parks and Wildlife 
Division.
  Sheriff Brent Lee of the Trinity County Sheriff's Department.
  Police Officer Robert Davis from the San Antonio Police Department.
  Police Officer Timothy Abernethy from the Houston Police Department.
  Police Officer Mark Simmons from the Amarillo Police Department.
  I would like to include at this time the names of all 140 peace 
officers killed last year in the line of duty.

       Corporal Courtney G. Brooks, Maryland Transportation 
     Authority Police Department, MD, EOW: Tuesday, January 1, 
     2008, Cause of Death: Vehicular assault.
       Deputy Sheriff Jason S. Zunker, Chippewa County Sheriff's 
     Department, WI, EOW: Saturday, January 5, 2008, Cause of 
     Death: Struck by vehicle.
       Detective James Walker, Miami Police Department, FL, EOW: 
     Tuesday, January 8, 2008, Cause of Death: Gunfire.
       Deputy Sheriff Sean Pursifull, Bell County Sheriff's 
     Department, KY, EOW: Thursday, January 10, 2008, Cause of 
     Death: Vehicular assault.
       Deputy Constable David Joubert, Harris County Constable's 
     Office--Precinct 7, TX, EOW: Sunday, January 13, 2008, Cause 
     of Death: Motorcycle accident.
       Police Officer Ricky Bryant Jr., DeKalb County Police 
     Department, GA, EOW: Wednesday, January 16, 2008, Cause of 
     Death: Gunfire.
       Police Officer Eric Barker, DeKalb County Police 
     Department, GA, EOW: Wednesday, January 16, 2008, Cause of 
     Death: Gunfire.
       Detective Jarrod Shivers, Chesapeake Police Department, VA, 
     EOW: Thursday, January 17, 2008, Cause of Death: Gunfire.
       Senior Border Patrol Agent Luis Alberto Aguilar, United 
     States Department of Homeland Security--Customs and Border US 
     (California), EOW: Saturday, January 19, 2008, Cause of 
     Death: Vehicular assault.
       Police Officer Matthew B. Thebeau, Corpus Christi Police 
     Department, TX, EOW: Sunday, January 20, 2008, Cause of 
     Death: Automobile accident.
       Police Officer Akeem Basil (Teddy) Newton, Virgin Islands 
     Police Department, VI, EOW: Sunday, January 20, 2008, Cause 
     of Death: Automobile accident.
       Detective Christopher A. Ridley, Mount Vernon Police 
     Department, NY, EOW: Friday, January 25, 2008, Cause of 
     Death: Gunfire (Accidental).
       Trooper Daniel Roy Barrett, Indiana State Police, IN, EOW: 
     Sunday, January 27, 2008, Cause of Death: Automobile 
     accident.
       Police Officer Nicola Cotton, New Orleans Police 
     Department, LA, EOW: Monday, January 28, 2008, Cause of 
     Death: Gunfire.
       Lance Corporal James D. Haynes, South Carolina Highway 
     Patrol, SC, EOW: Friday, February 1, 2008, Cause of Death: 
     Automobile accident.
       Sergeant Richard C. LeBow, Arkansas State Police, AR, EOW: 
     Monday, February 4, 2008, Cause of Death: Automobile 
     accident.
       Deputy Sheriff Dustin Duncan, Latimer County Sheriff's 
     Office, OK, EOW: Monday, February 4, 2008, Cause of Death: 
     Automobile accident.
       Sergeant William King Biggs Jr., Kirkwood Police 
     Department, MO, EOW: Thursday, February 7, 2008, Cause of 
     Death: Gunfire.
       Police Officer Thomas Frederick (Tom) Ballman, Kirkwood 
     Police Department, MO, EOW: Thursday, February 7, 2008, Cause 
     of Death: Gunfire.
       Police Officer Randal (Randy) Simmons, Los Angeles Police 
     Department, CA, EOW: Thursday, February 7, 2008, Cause of 
     Death: Gunfire.
       Criminal Investigator Denise Phoenix, United States 
     Department of the Interior--Bureau of Indian Affairs, US 
     (Montana), EOW: Thursday, February 14, 2008, Cause of Death: 
     Exposure to toxins.
       Corporal Harry Thielepape, Harris County Constable's 
     Office--Precinct 6, TX, EOW: Wednesday, February 20, 2008, 
     Cause of Death: Gunfire.
       Senior Corporal Victor A. Lozada Sr., Dallas Police 
     Department, TX, EOW: Friday, February 22, 2008, Cause of 
     Death: Motorcycle accident.
       Police Officer Mark Beck, Baton Rouge City Police 
     Department, LA, EOW: Monday,

[[Page 5582]]

     February 25, 2008, Cause of Death: Automobile accident.
       Trooper Kara M. Kelly-Borgognone, Nevada Highway Patrol, 
     NV, EOW: Thursday, February 28, 2008, Cause of Death: 
     Automobile accident.
       Police Officer Derek Owens, Cleveland Police Department, 
     OH, EOW: Saturday, March 1, 2008, Cause of Death: Gunfire.
       Special Agent Robert Patrick Flickinger, Chickasaw 
     Lighthorse Police Department, TR (Oklahoma), EOW: Friday, 
     March 7, 2008, Cause of Death: Automobile accident.
       Sergeant Edward (Ned) Thompson, New York City Police 
     Department, NY, EOW: Sunday, March 9, 2008, Cause of Death: 
     9/11 related illness.
       Police Officer James D. Fezatte, Millbrook Police 
     Department, AL, EOW: Saturday, March 29, 2008, Cause of 
     Death: Automobile accident.
       Border Patrol Agent Jarod Dittman, United States Department 
     of Homeland Security--Customs and Border, US (California), 
     EOW: Sunday, March 30, 2008, Cause of Death: Automobile 
     accident.
       Constable Joe Howard, Harlan County Constable's Office, KY, 
     EOW: Tuesday, April 1, 2008, Cause of Death: Heart attack.
       Correction Officer Kenneth Duncan, New York City Department 
     of Correction, NY, EOW: Tuesday, April 22, 2008, Cause of 
     Death: Gunfire.
       Trooper James Scott Burns, Texas Department of Public 
     Safety--Texas Highway Patrol, TX, EOW: Tuesday, April 29, 
     2008, Cause of Death: Gunfire.
       Deputy Sheriff Robert Griffin, Decatur County Sheriff's 
     Office, GA, EOW: Thursday, May 1, 2008, Cause of Death: 
     Automobile accident.
       Senior Investigator Laura J. Cleaves, Santa Barbara County 
     District Attorney's Office, CA, EOW: Thursday, May 1, 2008, 
     Cause of Death: Vehicular assault.
       Deputy Sheriff William Howell Jr., Orangeburg County 
     Sheriff's Office, SC, EOW: Saturday, May 3, 2008, Cause of 
     Death: Gunfire.
       Sergeant Stephen Liczbinski, Philadelphia Police 
     Department, PA, EOW: Saturday, May 3, 2008, Cause of Death: 
     Gunfire.
       Special Agent Aaron Garcia, Union Pacific Railroad Police 
     Department, RR (California), EOW: Wednesday, May 7, 2008, 
     Cause of Death: Automobile accident.
       Deputy Sheriff James Throne, Kern County Sheriff's 
     Department, CA, EOW: Friday, May 23, 2008, Cause of Death: 
     Automobile accident.
       Deputy Sheriff Michael Sean Thomas, Bibb County Sheriff's 
     Office, GA, EOW: Sunday, May 25, 2008, Cause of Death: 
     Motorcycle accident.
       Sergeant Leslie (Les) Wilmott, Kiefer Police Department, 
     OK, EOW: Thursday, May 29, 2008, Cause of Death: Automobile 
     accident.
       Lieutenant Michael Avilucea, New Mexico State Police, NM, 
     EOW: Friday, May 30, 2008, Cause of Death: Automobile 
     accident.
       Police Officer Erik David Hite, Tucson Police Department, 
     AZ, EOW: Monday, June 2, 2008, Cause of Death: Gunfire.
       Police Officer Everett William Dennis, Carthage Police 
     Department, TX, EOW: Tuesday, June 3, 2008, Cause of Death: 
     Automobile accident.
       Transport Officer Virgil Lee Behrens, Marion County 
     Sheriff's Department, IA, EOW: Tuesday, June 3, 2008, Cause 
     of Death: Automobile accident.
       Deputy Sheriff Anthony Shane Tate, Grundy County Sheriff's 
     Department, TN, EOW: Thursday, June 5, 2008, Cause of Death: 
     Gunfire.
       Police Officer Todd Bahr, Fredericksburg Police Department, 
     VA, EOW: Friday, June 6, 2008, Cause of Death: Gunfire.
       Sergeant Barbara Jean Shumate, Texas Department of Criminal 
     Justice, TX, EOW: Friday, June 13, 2008, Cause of Death: 
     Automobile accident.
       Deputy Sheriff Steve Boehm, Onslow County Sheriff's 
     Department, NC, EOW: Saturday, June 14, 2008, Cause of Death: 
     Struck by vehicle.
       Deputy Sheriff Jose Antonio (Tony) Diaz, Yolo County 
     Sheriff's Department, CA, EOW: Sunday, June 15, 2008, Cause 
     of Death: Gunfire.
       Trooper David Shawn Blanton Jr., North Carolina Highway 
     Patrol, NC, EOW: Tuesday, June 17, 2008, Cause of Death: 
     Gunfire.
       Correctional Officer Jose Rivera, United States Department 
     of Justice--Federal Bureau of Prisons, US (California), EOW: 
     Friday, June 20, 2008, Cause of Death: Stabbed.
       Police Officer Nicholas Heine, Pueblo Police Department, 
     CO, EOW: Saturday, June 21, 2008, Cause of Death: Heart 
     attack.
       Correctional Officer Donna Fitzgerald, Florida Department 
     of Corrections, FL, EOW: Wednesday, June 25, 2008, Cause of 
     Death: Stabbed.
       Sergeant Richard Findley, Prince George's County Police 
     Department, MD, EOW: Friday, June 27, 2008, Cause of Death: 
     Vehicular assault.
       Police Officer Gary Gryder, Houston Police Department, TX, 
     EOW: Sunday, June 29, 2008, Cause of Death: Vehicular 
     assault.
       Police Officer Richard Francis, Chicago Police Department, 
     IL, EOW: Wednesday, July 2, 2008, Cause of Death: Gunfire.
       Police Officer Kenneth (Greg) Surles, Pell City Police 
     Department, AL, EOW: Friday, July 4, 2008, Cause of Death: 
     Automobile accident.
       Agent Osvaldo Perez-Leon, Puerto Rico Police Department, 
     PR, EOW: Tuesday, July 8, 2008, Cause of Death: Automobile 
     accident.
       Police Officer Joshua T. Miktarian, Twinsburg Police 
     Department, OH, EOW: Sunday, July 13, 2008, Cause of Death: 
     Gunfire.
       Police Officer Andrew Widman, Fort Myers Police Department, 
     FL, EOW: Friday, July 18, 2008, Cause of Death: Gunfire.
       Deputy Sheriff Anthony Forgione, Okaloosa County Sheriff's 
     Office, FL, EOW: Tuesday, July 22, 2008, Cause of Death: 
     Gunfire.
       Police Officer Aldo Rossi, Port Dickinson Police 
     Department, NY, EOW: Sunday, July 27, 2008, Cause of Death: 
     Vehicular assault.
       Trooper Shawn W. Snow, New York State Police, NY, EOW: 
     Sunday, August 3, 2008, Cause of Death: Electrocuted.
       Detective Sandra Joyce Bullock, Bushnell Police Department, 
     FL, EOW: Tuesday, August 5, 2008, Cause of Death: Automobile 
     accident.
       Deputy Sheriff Dennis Compton, Colleton County Sheriff's 
     Office, SC, EOW: Wednesday, August 6, 2008, Cause of Death: 
     Gunfire.
       Officer Monte Ruby, CoxHealth Department of Public Safety, 
     MO, EOW: Wednesday, August 6, 2008, Cause of Death: Assault.
       Agent Orlando Gonzalez-Ortiz, Puerto Rico Police 
     Department, PR, EOW: Thursday, August 7, 2008, Cause of 
     Death: Gunfire (Accidental).
       Detective Michael Smith Phillips, Virginia Beach Police 
     Department, VA, EOW: Thursday, August 7, 2008, Cause of 
     Death: Gunfire.
       Deputy Probation Officer Irene Beatrice Rios, Imperial 
     County Probation Department, CA, EOW: Wednesday, August 13, 
     2008, Cause of Death: Automobile accident.
       Lieutenant Robert Curry, Gulfport Police Department, MS. 
     EOW: Thursday, August 14, 2008, Cause of Death: Motorcycle 
     accident.
       Deputy Sheriff Martha Woods Shareef, Lafourche Parish 
     Sheriff's Department, LA, EOW: Wednesday, August 20, 2008, 
     Cause of Death: Vehicular assault.
       Ordinance Officer Kathy Ann Cox, Gordon County Sheriff's 
     Office, GA, EOW: Thursday, August 21, 2008, Cause of Death: 
     Automobile accident.
       Police Officer Thomas Raji, Perth Amboy Police Department, 
     NJ, EOW: Friday, August 22, 2008, Cause of Death: Vehicular 
     assault.
       Police Officer Melvin Dyer, Duxbury Police Department, MA, 
     EOW: Monday, August 25, 2008, Cause of Death: Struck by 
     vehicle.
       Police Officer Timothy A. Haley, Columbus Division of 
     Police, OH, EOW: Tuesday, August 26, 2008, Cause of Death: 
     Duty related illness.
       Trooper Evan F. Schneider, Montana Highway Patrol, MT, EOW: 
     Tuesday, August 26, 2008, Cause of Death: Automobile 
     accident.
       Deputy Sheriff Anne Jackson, Skagit County Sheriff's 
     Office, WA, EOW: Tuesday, September 2, 2008, Cause of Death: 
     Gunfire.
       Officer Christopher Kane, Jacksonville Sheriff's Office, 
     FL, EOW: Thursday, September 4, 2008, Cause of Death: 
     Automobile accident.
       Police Officer Isabel Nazario, Philadelphia Police 
     Department, PA, EOW: Friday, September 5, 2008, Cause of 
     Death: Vehicular assault.
       Police Officer Kenneth Santucci, Belleville Police 
     Department, NJ, EOW: Saturday, September 6, 2008, Cause of 
     Death: Automobile accident.
       Deputy Sheriff Marty M. Martin, Franklin County Sheriff's 
     Department, OH, EOW: Saturday, September 6, 2008, Cause of 
     Death: Automobile accident.
       Sergeant Paul Starzyk, Martinez Police Department, CA, EOW: 
     Saturday, September 6, 2008, Cause of Death: Gunfire.
       Trooper Andrew Stocks, North Carolina Highway Patrol, NC, 
     EOW: Tuesday, September 9, 2008, Cause of Death: Automobile 
     accident.
       Sergeant Dario Aponte, New Haven Police Department, CT, 
     EOW: Wednesday, September 10, 2008, Cause of Death: 
     Automobile accident.
       Police Officer Grant Jansen, St. Charles Police Department, 
     MO, EOW: Wednesday, September 10, 2008, Cause of Death: 
     Automobile accident.
       Police Officer III Spree Desha, Los Angeles Police 
     Department, CA, EOW: Friday, September 12, 2008, Cause of 
     Death: Train accident.
       Sergeant Michael C. Weigand Jr., Latimore Township Police 
     Department, PA, EOW: Sunday, September 14, 2008, Cause of 
     Death: Motorcycle accident.
       Detective Tommy Keen, Harris County Sheriff's Department, 
     TX, EOW: Monday, September 15, 2008, Cause of Death: 
     Accidental.
       Deputy Sheriff Adam William Klutz, Caldwell County 
     Sheriff's Office, NC, EOW: Friday, September 19, 2008, Cause 
     of Death: Gunfire.
       Officer Kristine Fairbanks, United States Department of 
     Agriculture--Forest Service Law Enforcement, US (Washington), 
     EOW: Saturday, September 20, 2008, Cause of Death: Gunfire.
       Sergeant Patrick McDonald, Philadelphia Police Department, 
     PA, EOW: Tuesday, September 23, 2008, Cause of Death: 
     Gunfire.
       Police Officer Nathaniel Taylor Jr., Chicago Police 
     Department, IL, EOW: Sunday, September 28, 2008, Cause of 
     Death: Gunfire.

[[Page 5583]]

       Trooper First Class Mickey C. Lippy, Maryland State Police, 
     MD, EOW: Sunday, September 28, 2008, cause of Death: Aircraft 
     accident.
       Pilot Stephen H. Bunker, Maryland State Police, MD, EOW: 
     Sunday, September 28, 2008, Cause of Death: Aircraft 
     accident.
       Sergeant Robert Douglas, Oklahoma City Police Department, 
     OK, EOW: Sunday, September 28, 2008, Cause of Death: 
     Motorcycle accident.
       Correctional Officer Douglas Falconer, Arizona Department 
     of Corrections, AZ, EOW: Wednesday, October 1, 2008, Cause of 
     Death: Heart attack.
       Correctional Officer Rodney Kelley, Alabama Department of 
     Corrections, AL, EOW: Friday, October 3, 2008, Cause of 
     Death: Automobile accident.
       Police Officer Bradley Moody, Richmond Police Department, 
     CA, EOW: Tuesday, October 7, 2008, Cause of Death: Automobile 
     accident.
       Deputy Sheriff David Gilstrap, Oconee County Sheriff's 
     Office, GA, EOW: Thursday, October 9, 2008, Cause of Death: 
     Struck by vehicle.
       Game Warden George Harold Whatley Jr., Texas Parks and 
     Wildlife Department--Law Enforcement Division, TX, EOW: 
     Friday, October 10, 2008, Cause of Death: Heart attack.
       Officer / Paramedic Bruce W. Harrolle, Arizona Department 
     of Public Safety, AZ, EOW: Monday, October 13, 2008, Cause of 
     Death: Aircraft accident.
       Deputy Sheriff Christopher Yonkers, Barry County Sheriff's 
     Office, MI, EOW: Friday, October 17, 2008, Cause of Death: 
     Motorcycle accident.
       Deputy Sheriff Sarah Irene Haylett-Jones, Monroe County 
     Sheriff's Office, IN, EOW: Sunday, October 19, 2008, Cause of 
     Death: Struck by vehicle.
       Second Lieutenant Frank Stecco, Fairfax County Police 
     Department, VA, EOW: Tuesday, October 21, 2008, Cause of 
     Death: Drowned.
       Police Officer David Tome, Northern York County Regional 
     Police Department, PA, EOW: Tuesday, October 21, 2008, Cause 
     of Death: Struck by vehicle.
       Police Officer Richard Bremer, Frederick City Police 
     Department, MD, EOW: Thursday, October 23, 2008, Cause of 
     Death: Vehicle pursuit.
       Deputy Sheriff Randy Hamson, Los Angeles County Sheriff's 
     Department, CA, EOW: Friday, October 24, 2008, Cause of 
     Death: Struck by vehicle.
       Police Officer Shane Figueroa, Phoenix Police Department, 
     AZ, EOW: Saturday, October 25, 2008, Cause of Death: 
     Automobile accident.
       Sergeant Michael King, University City Police Department, 
     MO, EOW: Friday, October 31, 2008, Cause of Death: Gunfire.
       Police Officer Frank P. Russo, Schaumburg Police 
     Department, IL, EOW: Saturday, November 1, 2008, Cause of 
     Death: Heart attack.
       Detective Joseph Airhart Jr., Chicago Police Department, 
     IL, EOW: Tuesday, November 4, 2008, Cause of Death: Gunfire.
       Police Officer Nathaniel Burnfield, South Strabane Township 
     Police Department, PA, EOW: Tuesday, November 4, 2008, Cause 
     of Death: Struck by vehicle.
       Police Officer Charles Skinner, North Salt Lake Police 
     Department, UT, EOW: Friday, November 7, 2008, Cause of 
     Death: Vehicle pursuit.
       Deputy Sheriff Lawrence Canfield, Sacramento County 
     Sheriff's Department, CA, EOW: Wednesday, November 12, 2008, 
     Cause of Death: Motorcycle accident.
       Sergeant Monty Carmikle, Arkansas Game and Fish Commission, 
     AR, EOW: Sunday, November 16, 2008, Cause of Death: Aircraft 
     accident.
       Sergeant Timothy Simpson, Philadelphia Police Department, 
     PA, EOW: Monday, November 17, 2008, Cause of Death: Vehicular 
     assault.
       Special Agent Samuel Hicks, United States Department of 
     Justice--Federal Bureau of Investigation, US (Pennsylvania), 
     EOW: Wednesday, November 19, 2008, Cause of Death: Gunfire.
       Police Officer Alex Del Rio, Hollywood Police Department, 
     FL, EOW: Saturday, November 22, 2008, Cause of Death: 
     Automobile accident.
       Deputy Sheriff Nick Pham, Monroe County Sheriff's Office, 
     FL, EOW: Wednesday, November 26, 2008, Cause of Death: 
     Automobile accident.
       Sheriff Brent Lee, Trinity County Sheriff's Department, TX, 
     EOW: Thursday, November 27, 2008, Cause of Death: Vehicle 
     pursuit.
       Reserve Officer Curtis Jones, New Orleans Police 
     Department, LA, EOW: Saturday, November 29, 2008, Cause of 
     Death: Automobile accident.
       Police Officer Robert Davis, San Antonio Police Department, 
     TX, EOW: Monday, December 1, 2008, Cause of Death: Struck by 
     vehicle.
       Police Officer Timothy Abernethy, Houston Police 
     Department, TX, EOW: Sunday, December 7, 2008, Cause of 
     Death: Gunfire.
       Deputy Sheriff Brian Denning, Sumner County Sheriff's 
     Department, TN, EOW: Monday, December 8, 2008, Cause of 
     Death: Automobile accident.
       Senior Trooper William Hakim, Oregon State Police, OR, EOW: 
     Friday, December 12, 2008, Cause of Death: Bomb.
       Captain Tom Tennant, Woodburn Police Department, OR, EOW: 
     Friday, December 12, 2008, Cause of Death: Bomb.
       Officer Joseph Sanders, California Highway Patrol, CA, EOW: 
     Monday, December 15, 2008, Cause of Death: Struck by vehicle.
       Police Officer Mark Simmons, Amarillo Police Department, 
     TX, EOW: Wednesday, December 17, 2008, Cause of Death: 
     Automobile accident.
       Deputy Sheriff Jeremy Keith Carter, Evangeline Parish 
     Sheriff's Department, LA, EOW: Friday, December 19, 2008, 
     Cause of Death: Duty related illness.

  I yield back the balance of my time.
  Mr. LYNCH. Mr. Speaker, again, I urge my colleagues, in memory of 
Officers Chestnut and Gibson and others that have been named by my 
friend from Texas, to join me and Mr. Poe of Texas in supporting the 
goals and ideals of Peace Officers Memorial Day by voting in favor of 
House Resolution 47.
  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. 47.
  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. POE of Texas. 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.

                          ____________________




         SUPPORTING THE GOALS AND IDEALS OF AMERICA SAVES WEEK

  Mr. HINOJOSA. Mr. Speaker, I move to suspend the rules and agree to 
the resolution (H. Res. 180) supporting the goals and ideals of the 
third annual America Saves Week.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 180

       Whereas financial security is one of the most important 
     issues for most Americans whether it involves saving enough 
     for their children's college education, saving for an 
     unforeseen emergency, a house, or their retirement;
       Whereas personal savings as a percentage of disposable 
     income has been low, reaching a 12-month average of 0.6 
     percent in 2007 before rebounding to a 12-month average of 
     1.7 percent in 2008, according to Bureau of Economic Analysis 
     data;
       Whereas 43.5 percent of American families reported they did 
     not save in 2007, according to the 2007 Federal Reserve 
     Board's Survey of Consumer Finances, which also found that 
     less than half of the population has a savings account, one 
     month of savings or liquid assets, much less the recommended 
     6 to 12 months worth of emergency savings they might need for 
     an incident such as unexpected unemployment, a medical 
     crisis, rent or a mortgage payment adjustment enabling them 
     to avoid foreclosure;
       Whereas a 2008 Survey by the Employee Benefit Research 
     Institute found that there are ``savers'' and ``spenders'' in 
     all income classes and almost all have the ability to build 
     wealth through contributions to a workplace retirement 
     program, building home equity, and other savings;
       Whereas older Americans are more likely to live within 200 
     percent of poverty than any other age group, according to the 
     2009 Employee Benefit Research Institute's Databook, and more 
     than 60 percent of the current elderly population relies on 
     Social Security for over three-fourths of their annual income 
     according to a 2009 Social Security Administration report on 
     Income of the Elderly over Age 55, 2006, and the average 
     savings of retirees remains at $50,000 according to the 
     Federal Reserve Board's Survey of Consumer Finances for 2007, 
     and the current financial crisis is draining those funds;
       Whereas America Saves, managed by the Consumer Federation 
     of America, was established 8 years ago as an annual 
     nationwide campaign that encourages consumers, especially 
     lower-income households, to enroll as American Savers and 
     establish a personal savings goal in an effort to build 
     personal wealth and enhance financial security;
       Whereas America Saves now has 53 local, State and national 
     campaigns working with over 500 mainstream financial 
     institutions which provide no-fee or low-fee, low-opening-
     balance savings accounts that allow small savers to achieve 
     success;
       Whereas government and non-government entities at the 
     local, State and national levels organize America Saves 
     campaigns to encourage individuals to open a savings account, 
     participate in workplace retirement programs, and devise a 
     savings plan;

[[Page 5584]]

       Whereas over 1,000 local, State, and national organizations 
     have motivated more than 145,000 people to enroll as American 
     Savers; and
       Whereas establishing automatic and habitual savings is a 
     primary focus for this year's America Saves Week, a theme 
     reflected in the work of the Financial and Economic Literacy 
     Caucus, Federal agencies, non-profits, community-based 
     groups, private sector organizations, and the Employee 
     Benefit Research Institute and its America Savings Education 
     Councils Choose-to-Save Campaign: Now, therefore be it
       Resolved, That the House of Representatives--
       (1) recognizes the importance of savings to financial 
     security;
       (2) supports the goals and ideals of ``America Saves 
     Week'';
       (3) acknowledges the tireless efforts of the late 
     Congresswoman Stephanie Tubbs Jones to eliminate predatory 
     lending, increase the nation's savings rate, and improve the 
     overall economic situation of all those residing in the 
     United States; and
       (4) requests that the President issue a proclamation 
     calling on the Federal Government, States, localities, 
     schools, nonprofit organizations, businesses, other entities, 
     and the people of the United States to observe the week with 
     appropriate programs and activities with the goal of 
     increasing the savings rates for individuals of all ages and 
     walks of life.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas (Mr. Hinojosa) and the gentlewoman from Illinois (Mrs. Biggert) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Texas.


                             General Leave

  Mr. HINOJOSA. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on this legislation and to insert extraneous material thereon.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. HINOJOSA. Mr. Speaker, I yield myself as much time as I may 
consume.
  I rise today in strong support of House Resolution 180, supporting 
the goals and ideals of the third annual America Saves Week, which runs 
from February 22 to March 1.
  Mr. Speaker, I want to take this opportunity to thank Chairman Frank 
for his assistance in bringing this important and timely resolution to 
the House floor.
  I also want to express my sincere appreciation for all that my 
friend, Congresswoman Judy Biggert, has done over the years to help 
improve the financial literacy rates for all the individuals across the 
United States at all stages of life. In 2004, she and I co-founded and 
currently co-chair the Financial Economic Literacy Caucus. Without 
Congresswoman Biggert, I don't think we would have gotten as far as we 
have promoting financial literacy and, hopefully, making a measurable 
difference. I must say that we definitely have let the financial 
literacy genie out of the bottle.
  I also want to take this opportunity to thank Congresswoman Biggert's 
staff, Nicole Austin and Zachary Cikanek and all they are doing to help 
Judy and me to attain our goal.
  Financial literacy is one of the most important issues for most 
Americans, whether it involves saving enough money for their children's 
college education, saving for an unforeseen emergency, a house, maybe a 
car, or their retirement.
  The personal savings rate has been low, reaching a 12-month average 
of 0.6 percent in 2007 before rebounding to a 12-month average of 1.7 
percent in 2008. The 2007 Federal Reserve Board's Survey of Consumer 
Finances found that only 44 percent of American families reported that 
they did not save in 2007. Furthermore, the survey found that less than 
half of the population has the following: number 1, a savings account; 
number 2, a month of savings or liquid assets; and number 3, the 
Federal Reserve Board's survey also found that those folks residing in 
the United States don't have 6 to 12 months worth of emergency savings 
they might need for an incident such as unexpected unemployment, a 
medical crisis, rent or a mortgage payment adjustment enabling them to 
avoid foreclosure.
  Research has found that there are savers and there are spenders in 
all income classes, and almost all have the ability to build wealth 
through contributions to a workplace retirement program, building home 
equity and other savings.
  Older Americans are more likely to live within 200 percent of poverty 
than any other age group, and more than 60 percent of the current 
elderly population relies on Social Security for three-fourths of their 
annual income. What I find even more alarming is that the average 
savings of retirees remain at $50,000, and the current financial crisis 
is draining those funds.
  To shed light on all these shortcomings, as well as provide ways to 
address them, America Saves, managed by the Consumer Federation of 
America, was established 8 years ago as an annual nationwide campaign 
that encourages consumers, especially lower income households, to 
enroll as American savers and establish a personal savings goal in an 
effort to build personal wealth and to enhance financial security. 
America Saves now has 53 local, State and national campaigns working 
with over 500 mainstream financial institutions like banks, which 
provide no-fee or low-fee or low-opening-balance savings accounts that 
allow small savers to achieve success.
  Government and non-government entities at the local, State and 
national levels organize America Saves campaigns to encourage 
individuals to open savings accounts, to participate in workplace 
retirement programs, and devise a savings plan. As a result of America 
Saves, over 1,000 local, State and national organizations have 
motivated more than 145,000 people to enroll as American savers.
  The primary focus of this year's America Saves Week is establishing 
an automatic and habitual savings, a theme reflected in the work of the 
Financial and Economic Literacy Caucus, Federal agencies, non-profits, 
community-based groups, private sector organizations and the Employee 
Benefit Research Institutes and its America Savings Educational 
Council's Choose to Save Campaign. I personally have a 5 percent 
deduction made from my payroll check and have it placed into my savings 
account in the Federal Thrift Savings Program.
  I want to acknowledge the tireless efforts of the late Congresswoman 
Stephanie Tubbs Jones to eliminate predatory lending, increase the 
Nation's savings rate, and to improve the overall economic situation of 
all those residing in the United States. I respected her personally, 
and want all those listening today, and for all those who will read 
today's Congressional Record far into the future, to know how much we 
respected her, that we miss her and honor her today for her relentless 
dedication to protecting consumers at a very difficult time. Through 
her efforts and hopefully, now those of the Financial and Economic 
Literacy Caucus, Congresswoman Biggert and I co-founded and now co-
chair, we hope to protect our constituents and encourage savings.
  I am very pleased that Federal agencies, States, localities, schools, 
nonprofit organizations, businesses, other entities and the people of 
the United States are observing the third annual America Saves Week 
with a goal of increasing the savings rates for individuals of all ages 
and of all walks of life.
  I strongly encourage my colleagues to support this important 
resolution.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. BIGGERT. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today as the lead Republican cosponsor of the 
America Saves Week resolution, and urge my colleagues to support it.
  I'd like to thank my good friend and fellow Chair of the House 
Financial and Economic Literacy Caucus, Congressman Hinojosa, for 
sponsoring this important resolution and for all the work that he has 
done on financial literacy.
  In addition, I'd like to join Congressman Hinojosa in honoring and 
thanking the late Congresswoman Stephanie Tubbs Jones, who previously 
sponsored the resolution in the House and was a strong advocate for 
financial literacy throughout her career. She was a dear friend and 
will be remembered always.

[[Page 5585]]

  Mr. Speaker, in our current economic climate, the need to improve the 
financial literacy and the financial security of Americans is greater 
than ever. Now more than ever, it is clear that promoting savings is 
critical to ensuring that families have the economic buffer they need 
to weather periods of economic hardship. And efforts to stimulate the 
economy cannot succeed unless we equip Americans with the knowledge and 
resources they need to thrive in today's sophisticated market.
  This resolution emphasizes the importance of savings and achieving 
financial security. Less than half the population has a savings 
account, 1 month of savings or liquid assets, let alone the recommended 
6 to 12 months of savings to have on hand in case of unforeseen events 
such as a medical issue or job loss. There are no rainy day things that 
people have today.
  In conjunction with America Saves Week, this resolution encourages 
Americans to plan ahead for such unexpected events and grow wealth, not 
debt. Controlling expenses and increasing savings each month will prove 
to be invaluable in improving the financial security of Americans.
  I strongly urge my colleagues to support this resolution and 
encourage savings during America Saves Week and throughout the year.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HINOJOSA. I reserve the balance of my time.
  Mrs. BIGGERT. Mr. Speaker, I would like to yield 4 minutes to my 
colleague from Texas (Mr. Culberson).
  Mr. CULBERSON. I thank my colleague.
  I have enjoyed working with my good friend, Congressman Hinojosa. We 
in the Texas delegation, I know, Mr. Hinojosa knows, we work more 
closely together, I think, than almost any delegation in the country 
and take a great deal of pride in being Texans.

                              {time}  1045

  I thank my colleague for his earnest and sincere resolution which he 
presents to the Congress today in an effort to encourage individual 
Americans to increase their savings. My good friend Judy Biggert has 
coauthored this, and it is a noble and worthwhile resolution.
  However, as we, the Congress, adopt this resolution that designates 
this week as America Saves Week, I think it's important to point out, 
Mr. Speaker, the incredible and dramatic contrast between the goal we 
are setting here today for individual Americans and the complete 
opposite direction that the leadership of this Congress and the 
President pointed out last night.
  I am reminded that Will Rogers often said he didn't tell jokes; he 
just reported on what Congress did. Today, Congress is asking the 
American people to save money; yet this new liberal majority in 
Congress has spent more money in less time than has any Congress in 
history. Today is the 20th legislative day we've been in session, and 
counting the $400 billion appropriations bill on the floor today, we 
have already spent about $1.3 trillion--all of it debt. The United 
States Congress is paying our mortgage with a credit card; yet we're 
passing a resolution to encourage America to save money. This is 
absurd.
  We have today the new governing majority in Congress, the new 
President. This new direction he has taken us in is off a financial 
cliff. Yet we're telling Americans to save more money? Every nickel we 
spend today this Congress is putting on our children's credit card. We 
are literally, Mr. Speaker, paying America's mortgage with a credit 
card. It is unaffordable and unsustainable. Last night, the President 
laid out all of the new spending programs piled on top of this. It 
really does remind me of what Will Rogers said, that he didn't tell 
jokes; he just reported on what Congress did. This is a wonderful goal 
for not only individual Americans but for the United States Congress.
  How about let us really have the United States Congress follow some 
of the guidelines in this resolution. Let us make sure that we in 
Congress are not spending more than we bring in, as we tell individual 
Americans to do. Let us make sure that we in Congress have enough of a 
cushion, as the resolution tells individual Americans, so that we can 
be ready and that we want individual Americans to be ready ``for an 
incident such as an unexpected crisis.''
  Are we ready for an earthquake in California, America? Are we ready 
for another hurricane? What about a terrorist attack? What financial 
cushion does America have to pay for the cost of another 9/11 when this 
Congress has driven America deeper into debt than any Congress in the 
history of the United States? Never before have so few spent so much 
money in so little time with so little regard for the financial 
security of future generations.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mrs. BIGGERT. I yield the gentleman an additional 30 seconds.
  Mr. CULBERSON. Mr. Speaker, I think it's important to remember that 
Americans have always taken pride in the fact that we, current 
generations, have always sacrificed today so that our children would 
live a better life.
  It is important, I think, for the Congress, for this liberal majority 
and for this new President to take my good friend Mr. Hinojosa's and 
Mrs. Biggert's resolution to heart. Let us quit spending money we don't 
have. Let this Congress quit living beyond its means, and let it truly 
secure the financial safety and security of future generations by 
cutting spending and cutting taxes to get this economy back on track. 
Walk away from these massive new expansions of entitlements. We've 
already spent $1.3 trillion in the first 20 days. We've almost doubled 
the annual budget of the United States in one stroke.
  Mr. Hinojosa, Mrs. Biggert, thank you for bringing this resolution to 
Congress. Let us make sure that Congress saves.
  Mr. HINOJOSA. Mr. Speaker, I am quite surprised to hear the thoughts 
and ideas of my friend from Texas, and I am of the total opposite 
belief.
  I say that saving at this time is the right thing for America, and 
that is why we saw such an increase in savings in 2008, because the 
American public has lost confidence, has lost hope in what happened to 
the stock market in 2008. So I say that Americans are correct in saving 
their money in ways that they know how and that they follow the ideas 
that this organization that Mrs. Biggert and I have been championing, 
because it is the right thing to do. I urge all Members of this 
Congress to vote in favor of this resolution.
  I yield back the balance of my time.
  Mrs. BIGGERT. Mr. Speaker, before I close, I would also like to thank 
Greg Davis of Mr. Hinojosa's staff and Andrea Pivarundas from my staff, 
as well as Nicole Austin, for their work on this resolution. I would 
also like to thank Dallas Salisbury of EBRI and all of the other 
individuals and groups promoting savings in America. Particularly, I 
would like to thank Chairman Hinojosa for all the work that he has done 
on this issue. I have enjoyed working with him. Thank you.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Texas (Mr. Hinojosa) that the House suspend the rules 
and agree to the resolution, H. Res. 180.
  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. HINOJOSA. 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;
  House Resolution 47, by the yeas and nays;

[[Page 5586]]

  House Resolution 180, by the yeas and nays.
  The first electronic vote will be conducted as a 15-minute vote. 
Remaining electronic votes will be conducted as 5-minute votes.

                          ____________________




                              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 ayes appeared to have it.
  Mr. HINOJOSA. 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 246, 
nays 169, not voting 16, as follows:

                             [Roll No. 80]

                               YEAS--246

     Abercrombie
     Ackerman
     Adler (NJ)
     Andrews
     Baca
     Bachmann
     Baird
     Baldwin
     Barrow
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Bright
     Brown, Corrine
     Brown-Waite, Ginny
     Butterfield
     Cao
     Capps
     Capuano
     Cardoza
     Carnahan
     Carson (IN)
     Castor (FL)
     Chandler
     Clarke
     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
     Farr
     Fattah
     Filner
     Forbes
     Foster
     Frank (MA)
     Fudge
     Gerlach
     Gonzalez
     Goodlatte
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Heller
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hodes
     Holden
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kirk
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     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
     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)
     Paulsen
     Payne
     Peters
     Pingree (ME)
     Pitts
     Polis (CO)
     Pomeroy
     Posey
     Price (NC)
     Rahall
     Rangel
     Reichert
     Reyes
     Richardson
     Rodriguez
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Speier
     Spratt
     Sutton
     Tanner
     Tauscher
     Taylor
     Teague
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Whitfield
     Wilson (OH)
     Woolsey
     Yarmuth

                               NAYS--169

     Aderholt
     Akin
     Alexander
     Altmire
     Arcuri
     Austria
     Bachus
     Barrett (SC)
     Bartlett
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Buchanan
     Burgess
     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
     Hoekstra
     Holt
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     King (NY)
     Kingston
     Kirkpatrick (AZ)
     Kline (MN)
     Lamborn
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     LoBiondo
     Lucas
     Luetkemeyer
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McCotter
     McHugh
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Minnick
     Mitchell
     Moran (KS)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Nye
     Olson
     Paul
     Pence
     Perlmutter
     Peterson
     Petri
     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
     Sessions
     Shadegg
     Shimkus
     Shuler
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Space
     Stearns
     Stupak
     Sullivan
     Terry
     Thompson (CA)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden
     Wamp
     Westmoreland
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--16

     Bean
     Campbell
     Cassidy
     Clay
     Gohmert
     Gutierrez
     Hirono
     Lummis
     McHenry
     Miller, Gary
     Perriello
     Platts
     Ross
     Rush
     Stark
     Wu

                              {time}  1118

  Ms. GRANGER and Mr. BURGESS changed their vote from ``yea'' to 
``nay.''
  Mr. SHUSTER changed his vote from ``nay'' to ``yea.''
  So the Journal was approved.
  The result of the vote was announced as above recorded.
  Stated for:
  Ms. HIRONO. Mr. Speaker, on rollcall No. 80, had I been present, I 
would have voted ``yea.''

                          ____________________




     SUPPORTING THE GOALS AND IDEALS OF PEACE OFFICERS MEMORIAL DAY

  The SPEAKER pro tempore. The unfinished business is the vote on the 
motion to suspend the rules and agree to the resolution, H. Res. 47, 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. 47.
  This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 421, 
nays 0, not voting 10, as follows:

                             [Roll No. 81]

                               YEAS--421

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Clarke
     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

[[Page 5587]]


     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)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, 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
     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
     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
     Souder
     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
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Westmoreland
     Wexler
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Yarmuth
     Young (AK)
     Young (FL)

                             NOT VOTING--10

     Campbell
     Cassidy
     Clay
     Miller, Gary
     Perriello
     Platts
     Rush
     Ryan (OH)
     Stark
     Wu


                Announcement by the Speaker Pro Tempore

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

                              {time}  1127

  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.

                          ____________________




         SUPPORTING THE GOALS AND IDEALS OF AMERICA SAVES WEEK

  The SPEAKER pro tempore. The unfinished business is the vote on the 
motion to suspend the rules and agree to the resolution, H. Res. 180, 
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 Texas (Mr. Hinojosa) that the House suspend the rules 
and agree to the resolution, H. Res. 180.
  This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 415, 
nays 2, not voting 14, as follows:

                             [Roll No. 82]

                               YEAS--415

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     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
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Clarke
     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
     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
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hoyer
     Hunter
     Inglis
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones
     Jordan (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Kucinich
     Lamborn
     Lance
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     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)
     Paulsen
     Payne
     Pence
     Perlmutter
     Peters
     Peterson
     Petri
     Pingree (ME)
     Pitts
     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
     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
     Souder
     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
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Westmoreland
     Wexler
     Whitfield
     Wilson (OH)
     Wilson (SC)

[[Page 5588]]


     Wittman
     Wolf
     Woolsey
     Yarmuth
     Young (AK)
     Young (FL)

                                NAYS--2

     Flake
     Paul
       

                             NOT VOTING--14

     Berman
     Campbell
     Cassidy
     Clay
     Himes
     Inslee
     Issa
     Miller, Gary
     Perriello
     Platts
     Rush
     Ryan (OH)
     Stark
     Wu


                Announcement by the Speaker Pro Tempore

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

                              {time}  1134

  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.

                          ____________________




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

  Mr. McGOVERN. Mr. Speaker, by direction of the Committee on Rules, I 
call up House Resolution 184 and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 184

       Resolved, That upon the adoption of this resolution it 
     shall be in order to consider in the House the bill (H.R. 
     1105) making omnibus appropriations for the fiscal year 
     ending September 30, 2009, and for other purposes. All points 
     of order against consideration of the bill are waived except 
     those arising under clause 9 or 10 of rule XXI. The amendment 
     printed in the report of the Committee on Rules accompanying 
     this resolution shall be considered as adopted. The bill, as 
     amended, shall be considered as read. All points of order 
     against the bill, as amended, are waived. The previous 
     question shall be considered as ordered on the bill, as 
     amended, to final passage without intervening motion except: 
     (1) one hour of debate equally divided and controlled by the 
     chair and ranking minority member of the Committee on 
     Appropriations; and (2) one motion to recommit with or 
     without instructions.
       Sec. 2.  House Resolution 158 is laid on the table.

                             Point of Order

  Mr. FLAKE. Mr. Speaker, I raise a point of order against H. Res. 184 
because the resolution violates section 426(a) of the Congressional 
Budget Act. The resolution contains a waiver of all points of order 
against consideration of the conference report, which includes a waiver 
of section 425 of the Congressional Budget Act, which causes the 
violation of section 426(a).
  The SPEAKER pro tempore (Mr. Weiner). The gentleman from Arizona 
makes a point of order that the resolution violates section 426(a) of 
the Congressional Budget Act of 1974.
  The gentleman has met the threshold burden to identify the specific 
language in the resolution on which the point of order is predicated. 
Such a point of order shall be disposed of by the question of 
consideration.
  The gentleman from Arizona and a Member opposed, the gentleman from 
Massachusetts, each will control 10 minutes of debate on the question 
of consideration.
  After that debate the Chair will put the question of consideration, 
to wit: Will the House now consider the resolution?
  The Chair recognizes the gentleman from Arizona.
  Mr. FLAKE. Mr. Speaker, this point of order is against the bill 
because it may contain unfunded mandates. We have in this body a 
question of consideration where we shouldn't move ahead with a bill if 
it might contain unfunded mandates.
  Mr. Speaker, the point I want to make is we have no idea whether this 
contains unfunded mandates or not. I can't tell you definitively if it 
does, and here's why:
  This is the bill. This is the bill that we received less than 48 
hours ago. It contains, for example, roughly 9,000 earmarks. Now, 
somebody please correct me if I'm wrong, but I don't believe in my time 
here--it's getting heavy. I'll put it down. In my time here in 8 years 
I don't think I have ever seen a bill, and I know that it didn't happen 
prior to my time here, where one single bill has contained this many 
earmarks, 9,000. And let me point out this is a combination of nine 
bills, only three of which went even through the Committee on 
Appropriations. The rest of them didn't even go through the full 
committee, just the subcommittee. We didn't have the ability to go to 
the floor and challenge any of these. That just wasn't available to us.
  So here we are today with this stack that we just got less than 48 
hours ago and we are told that we have to pile through and try to see 
if these 9,000 earmarks, which is part of a spending bill that spends 
$410 billion, to see if they're valid, to see if there is a Federal 
nexus, to see if there might be anything untoward. We don't know. None 
of us can actually go through that, and so we shouldn't proceed with 
consideration of this bill.
  One way to look at it is that there are 9,000 earmarks in the bill. 
The way that we should look at it as well, and I don't know how many, 
nobody can tell me how many, but it's a safe bet to assume there are a 
few thousand, at least, no-bid contracts. These are earmarks that go to 
private companies that nobody else has a chance to bid on.
  Now, one of the best lines I felt that the President used last night, 
and it was one of the greatest applause lines that we had and 
justifiably so, the President said we have had no-bid defense contracts 
with regard to Iraq, and we shouldn't. And the whole place erupted in 
applause. I myself stood up. We shouldn't do that. Yet in this piece of 
legislation, we have at least a few thousand no-bid contracts. No-bid 
contracts that are going to private companies whose executives and the 
lobbyists who represent them have contributed millions of dollars to 
Members in this body, the same Members who have requested those 
earmarks.
  Now, one need not suggest that there is anything untoward in any of 
them only to suggest that somebody on the outside certainly thinks 
there is. There is one group, the PMA group, who makes a habit of 
requesting a lot of earmarks in bills. In fact, in the 2008 defense 
bill, they got $300 million in earmarks for their clients from this 
body. That same lobbying firm has clients receiving a dozen or so 
earmarks in this bill. These are earmarks to private companies. These 
are no-bid contracts that we are doing that we all stand up and applaud 
when the President says we shouldn't have no-bid contracts going to 
private companies, and yet in this piece of legislation we are going to 
consider today, unless we stop consideration, we're going to be 
approving thousands of no-bid contracts to private companies.
  Now, can anybody in this body stand to tell me that that is right and 
proper? Are we upholding the dignity of the House and the decorum of 
the House by doing so? We know that there is an investigation going on 
right now of one of those firms that sought earmarks and received 
earmarks in this bill. A lobbying firm received several for their 
clients. Yet they remain in this piece of legislation.
  With that, Mr. Speaker, I reserve the balance of my time.
  Mr. McGOVERN. Mr. Speaker, I yield myself such time as I may consume.
  Once again, Mr. Speaker, my colleagues on the other side of the aisle 
are using this procedural maneuver to try to prevent consideration of 
an important piece of legislation.
  Technically, the point of order is about whether or not to consider 
this rule and ultimately the underlying bill. But we all know that it's 
really about trying to block this bill without any opportunity for 
debate and without any opportunity for an up-or-down vote on the merits 
of the legislation itself.
  I oppose any effort to shut down debate in consideration of this 
bill, and I urge my colleagues to vote ``yes'' so we can consider this 
important piece of legislation on its merits and not kill it on a 
procedural motion.

                              {time}  1145

  The underlying bill we are talking about represents the compilation 
of nine appropriations bills from last year. There is important funding 
in here for health care, for education, for transportation, to help 
move our economy forward. Those who oppose the bill

[[Page 5589]]

can vote against it on final passage, but we must consider this rule, 
and we must pass this legislation today.
  Mr. Speaker, I have the right to close, but, in the end, I will urge 
my colleagues to vote ``yes'' to consider the rule, and I reserve the 
balance of my time.
  Mr. FLAKE. May I inquire as to the time remaining?
  The SPEAKER pro tempore. The gentleman from Arizona has 5 minutes 
remaining.
  Mr. FLAKE. The gentleman makes a point that we should discuss the 
merits of the bill. This point of order is raised against continuing 
because we don't know if there are unfunded mandates in the bill.
  Again, I will yield to the gentleman if he can assure me that there 
are no unfunded mandates in this bill, if he can say that he has read 
this piece of legislation or that he knows that there are none, because 
I think that it's incumbent upon us.
  I will yield to the gentleman if he can make that assurance.
  Mr. McGOVERN. I thank the gentleman for yielding.
  I will say to the gentleman, as far as I know, there are no unfunded 
mandates in this bill.
  Mr. FLAKE. Thank you. As far as I know, there might be, there may not 
be.
  But I can tell you, when you have a bill this large that we got just 
48 hours ago, we simply don't know.
  Typically, several years ago, we were having problems, we had Members 
of this body who were indicted and were convicted and are now in jail 
for earmark abuse. We said at that time that we should have reform, we 
should have transparency. We got some transparency, and that's great, 
and I applaud the other side of the aisle for doing what they did to 
bring this about.
  Transparency, sunlight always illuminates, but doesn't always 
disinfect, contrary to popular belief. You have to follow up 
transparency with something else.
  Some may say we have a transparent process now because we got copies 
of 9,000 earmarks 48 hours in advance of considering the legislation, 
but I don't have the ability, nor does any Member of this body, to 
actually challenge any of the 9,000 earmarks contained in this 
legislation.
  Typically, appropriation bills come to the floor under an open rule, 
which allows Members of Congress to challenge specific earmarks. Are 
there one of these no-bid contracts, for example, that was lobbied for 
by the PMA group, a group that is now under Federal investigation that 
has since imploded just days after it was revealed they were under 
investigation?
  Are some of these earmarks, perhaps, untoward? Many people would 
actually like to challenge that, have the author, have the one who 
secured the earmark come to the floor and defend that earmark: ``Here 
is why this company deserves a no-bid contract. Here is why I know, as 
a Member of Congress, that nobody else can provide the services that 
they can provide, and they deserve a no-bid contract. Here is why.'' We 
aren't allowed to do that, because this legislation is coming to the 
floor under a closed rule and no amendments like that are even offered. 
I can't challenge any earmarks in this legislation, nor can anybody in 
this body. It's one vote for the whole package.
  We are better than that. The people who sent us here deserve better 
than that. This great institution deserves better than that. Let's not 
proceed with consideration of this legislation.
  I reserve the balance of my time.
  Mr. McGOVERN. Mr. Speaker, I reserve the balance of my time.
  Mr. FLAKE. May I inquire as to the time remaining?
  The SPEAKER pro tempore. The gentleman has 2 minutes remaining.
  Mr. FLAKE. Mr. Speaker, later today we will be considering a 
privileged resolution that is brought to the floor to ask the Ethics 
Committee to investigate the relationship between earmarks and campaign 
contributions.
  We know, as I mentioned, that the Department of Justice is currently 
conducting that kind of investigation. Politico reported just a few 
days ago that several sources have said that the Department of Justice 
has been building a case based on earmarks and campaign contributions 
or investigating earmarks and campaign contributions.
  Yet our own Ethics Committee guidelines state that earmarks that are 
received from those who we get a no-bid contract for are proper and not 
a problem.
  My fear is that our own Ethics Committee here in the House has a 
different standard, a more lax standard than, perhaps, the Department 
of Justice has. And Members of Congress, who are securing earmarks or 
no-bid contracts for private companies, might be exposed more than they 
think they are.
  And even if they aren't, upholding the dignity and decorum of this 
body dictates that we do something more here, that we actually have a 
process that is above reproach. And when you have investigations 
swirling out there over lobby firms and others, we aren't upholding the 
decorum and dignity of this body.
  This resolution that we will consider later today is not a partisan 
resolution. No Member is mentioned. No party is mentioned. And before 
you vote to table this resolution, to kill it, please consider, don't 
we deserve better here?
  Shouldn't we have a standard that's higher than indictment and 
conviction? Don't the people who sent us here deserve a little better 
than that?
  With that, I yield back the balance of my time.
  Mr. McGOVERN. Mr. Speaker, how much time do I have left?
  The SPEAKER pro tempore. The gentleman has 9 minutes remaining.
  Mr. McGOVERN. Mr. Speaker, I am going to urge my colleagues to vote 
``yes'' on this motion so we can consider the underlying bill, which is 
a compilation of nine appropriations bills, which really represents 
kind of a completion of last year's work. There is money in here for 
important transportation projects, for health care projects, for 
education projects, all very important to get our economy moving again.
  I would also say that the earmark process has been much improved 
since the Democrats took control of the Congress. There is more 
transparency, as the gentleman conceded, and I think there is more 
scrutiny given to individual earmarks.
  But let me just say one other thing. I believe in the integrity, in 
the character of every single person that serves in this Congress, and 
I believe the people, Republicans and Democrats, do the best they can 
for their constituents. And I really take exception when the character 
of individuals in this Congress is brought into question and somehow a 
vague allegation is out there that there is something sinister going 
on.
  The bottom line is that the vast majority of these earmarks go to 
things like emergency rooms at hospitals, go to bridges to help rebuild 
infrastructure, go to help schools and to help kids get an education.
  I would say to the gentleman if he is uncomfortable with this 
process, that he should know that 40 percent of the earmarks that are 
in these underlying bills are Republican earmarks. And so that old 
saying, ``Physician, heal thyself,'' I would suggest that he bring this 
up to members of his own conference.
  But I believe that these bills represent the hard work of Republicans 
and Democrats. There are good things in these bills. We need to move 
forward on this. We can't delay. If we delay, I think it will have a 
negative impact on our economy.
  So I want to urge my colleagues to vote ``yes'' on this motion to 
consider so we can debate and pass this important piece of legislation 
today.
  I yield back the balance of my time.
  The SPEAKER pro tempore. All time for debate has expired.
  The question is, Will the House now consider the resolution?
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. FLAKE. Mr. Speaker, on that I demand the yeas and nays.

[[Page 5590]]

  The yeas and nays were ordered.
  The vote was taken by electronic device, and there were--yeas 234, 
nays 177, not voting 20, as follows:

                             [Roll No. 83]

                               YEAS--234

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

                               NAYS--177

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

                             NOT VOTING--20

     Barton (TX)
     Boehner
     Buyer
     Campbell
     Capuano
     Cassidy
     Davis (TN)
     Frank (MA)
     Lee (NY)
     Miller, Gary
     Perriello
     Platts
     Rangel
     Rush
     Schwartz
     Sestak
     Stark
     Thompson (MS)
     Van Hollen
     Wu

                              {time}  1217

  Messrs. CALVERT, McHENRY and SMITH of New Jersey changed their vote 
from ``yea'' to ``nay.''
  Mr. HELLER changed his vote from ``nay'' to ``yea.''
  So the question of consideration was decided in the affirmative.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Ms. SCHWARTZ. Mr. Speaker, on rollcall No. 83, had I been present, I 
would have voted ``yea.''
  The SPEAKER pro tempore. The gentleman from Massachusetts is 
recognized for 1 hour.
  Mr. McGOVERN. Mr. Speaker, for the purpose of debate only, I yield 
the customary 30 minutes to the gentleman from Texas (Mr. Sessions). 
All time yielded during consideration of the rule is for debate only. I 
yield myself such time as I may consume.


                             General Leave

  Mr. McGOVERN. I also ask unanimous consent that all Members be given 
5 legislative days in which to revise and extend their remarks on House 
Resolution 184.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Massachusetts?
  There was no objection.
  Mr. McGOVERN. Mr. Speaker, H. Res. 184 provides for the consideration 
of H.R. 1105, the Omnibus Appropriations Act of 2009. The rule provides 
1 hour of debate controlled by the Committee on Appropriations, and one 
motion to recommit with or without instructions. The rule also self-
executes an amendment that blocks the automatic cost-of-living 
adjustment due to be provided to Members of Congress in 2010.
  Mr. Speaker, I rise in support of this rule and in support of the 
Fiscal Year 2009 Omnibus Appropriations Act.
  This bill, Mr. Speaker, represents the completion of last year's 
work. We are in this position today for one principal reason, George W. 
Bush failed to provide budgets that reflected the real needs of the 
American people. And his philosophy was essentially ``my way or the 
highway.''
  If he had gotten his way last year, he would have cut energy 
efficiency, renewable energy and weatherization programs. He would have 
cut education by eliminating vocational education programs, slashing 
higher education programs, and cutting programs to help teachers and 
improve technology. He would have cut healthcare access programs, even 
as the number of uninsured Americans grew. He would have frozen 
biomedical research funding and cut the Centers for Disease Control. 
And he would have cut State and local law enforcement grants and job 
training, employment services and worker protections curing this 
economic crisis.
  So today, our job is to fix things, to clean up the mess of the last 
administration, and to help the American people.
  Last night, President Obama gave an incredible speech, and he 
promised to do things differently. He promised an honest accounting of 
our Nation's needs. That may not seem revolutionary, but it's a big and 
positive change from the past 8 years.
  For the first time, the costs of the wars in Iraq and Afghanistan 
will actually be included in the budget. The costs won't be covered up 
or hidden. No more gimmicks. The American people will know the real 
costs of these wars.
  We will anticipate and budget for Federal dollars in response to 
national disasters like hurricanes, tornadoes, floods and earthquakes.
  And President Obama, last night, pledged to cut the deficit in half 
by the year 2012, a promise to bring back fiscal responsibility. In 
short, there will be more truth-telling.

[[Page 5591]]

  Mr. Speaker, we need to move forward, and I believe that we will. But 
first we need to dispense with last year's business.
  Some of my friends on the other side complain that we shouldn't pass 
this omnibus bill today because it's too expensive. They complain that 
it will add to the deficit. It's interesting to hear my friends on the 
other side of the aisle worry out loud about the deficit. Where have 
they been for the last 8 years?
  Facts are a stubborn thing, Mr. Speaker, and the facts speak for 
themselves. We are facing the worst economic crisis since the Great 
Depression, and we have the biggest debt in the history of the United 
States of America. This is something we inherited from my friends on 
the other side of the aisle. So it is somewhat ironic that the very 
people who drove this economy into a ditch are now complaining about 
the size of the tow truck.
  I believe, Mr. Speaker, that we need to do whatever possible to get 
this economy back on track and to help the American people. The 
policies of the past, the same old same old, they failed. I believe 
this President has the political will to do the right thing. I believe 
he will get the economy back on track and he will get our fiscal house 
in order. And I believe that this Congress will support him.
  What is before us, to put it simply, is help for States, cities and 
towns and for average people. There's an increase over current levels 
of appropriations. This, combined with the Recovery and Reinvestment 
Act, provides a lot of help to a lot of people.
  This is not the bill, Mr. Speaker, that I would have written if it 
were solely up to me, and I don't believe it is the bill that Chairman 
Obey would have written if it was solely up to him. This bill reflects 
bipartisan negotiations and bipartisan compromises.
  I want to see more money in this bill, Mr. Speaker, for roads and 
bridges, more money for international food aid and anti-hunger programs 
like the McGovern-Dole Program and Food for Peace, and more money to 
combat climate change. I want to see Pell Grants fully funded, and I 
want to make sure that all eligible children receive a meal during the 
summer months if they receive a meal during the school year.
  But I'm glad that we have reversed the Bush cuts on domestic 
priorities. I'm proud of the increased funding for WIC in this bill, 
funding that will help low-income pregnant mothers and newborns receive 
the healthy food that they need. And I'm pleased that this bill 
provides a 19 percent increase for the Food and Drug Administration, 
funding that will be used for critical oversight of our Nation's food 
supply so we don't have any more contamination scares like the recent 
peanut contamination cases that we've recently seen.
  This bill also increases funding for the Individuals with 
Disabilities Education Act by providing $558 million above 2008 for a 
total of $11.5 billion. And this bill provides $550 million for the 
COPS program, a program critical to the safety of our cities and towns.
  Mr. Speaker, we need to get this bill completed. We need to finish 
the job left over from the last Congress and turn the page, once and 
for all, on the last 8 years. I urge my colleagues to support this rule 
and the bill.
  I reserve the balance of my time.
  Mr. SESSIONS. Mr. Speaker, I stand in strong opposition to this 
closed rule. And Mr. Speaker, let me say this, that the gentleman from 
Massachusetts (Mr. McGovern), my colleague and friend, has had a chance 
to sit here and blame George Bush for what was entirely this body's 
responsibility. I think that's an awkward position for anybody to be 
in, to blame the President of the United States for what we have done 
or what we will do.
  The gentleman from Massachusetts quite plainly said that George Bush 
and Republicans tried to hide the real costs of the war and did not put 
it in fiscal terms to where it came out for the budget where we would 
all understand it and tried to hide it. Well, let me just say this, 
that we just passed an $800 billion plus emergency spending bill that 
did exactly the same thing that he was saying George Bush did, 
Republicans did, about not being honest about what the real facts of 
the case are, hiding the budget money.
  Mr. Speaker, the bottom line is that we're here today to debate a 
bill that was ready to go last June, and people are blaming George Bush 
for our inability to get that on the floor. And I think that that's 
just not true.
  The bottom line is that this body decided, through the Democrat 
leadership, that they didn't want to move the bill forward because 
there was an election. And if there had been an election where tens of 
billions, hundreds of billions of dollars more would be passed by this 
Congress, then the American people would have seen that. Instead, they 
waited until after the election.
  So I rise today in strong opposition to this completely closed rule, 
and to the ill-conceived underlying legislation. Week after week my 
friends on the other side of the aisle continue to bulldoze their 
massive spending bills on the floor of the House of Representatives, 
with no Republican input and no regular order, in this Congress.
  This is the third time in a little over a month that I've managed a 
rule in this 111th Congress where my Democratic colleagues have had no 
hearings, no markups and allowed no amendments by Republicans. Senator 
Harry Reid yesterday was quoted as saying that he is going to allow 
Republicans and Democrats to offer amendments in the Senate. So why 
won't Speaker Pelosi allow Members of this House the same privilege?
  In an effort to encourage the Democratic leadership to uphold their 
promise to the American people of being the most open, honest and 
ethical Congress, I think, and our Republican leadership believes, that 
we should hold hearings and be held accountable for what we do, 
including Republican feedback and amendments. In a letter dated the 5th 
of this month, Speaker Pelosi and Majority Leader Hoyer were asked if 
they would immediately post the text of the omnibus and all of the 
earmark and spending projects included. Yet, once again, our friends, 
the Democrats, have posted the text of this massive spending bill, 
which holds nine of the remaining 12 appropriations bills, only a day 
and a half before the vote. And yet our letter states that ``in the 
midst of a severe recession, taxpayers should have a right to read and 
see each provision of this legislation.'' Taxpayers elected each and 
every one of us. We should be able to ``evaluate the merit of each 
dollar of government spending that their children and grandchildren 
will be required to fund.'' I think Americans deserve better.
  Last week I had the opportunity, when I was back home for the break, 
to speak to many constituents back in Texas, and they are growing 
increasingly upset and concerned with the amount of massive spending 
that this Democratic majority is pursuing. Last week President Obama 
signed a $792 billion stimulus package into law that consisted of over 
$500 billion in new spending. This week, my friends and our colleagues, 
the Democrats, are at it again. Now we're discussing a $410 billion 
omnibus for a fiscal year that we're almost halfway through.
  The legislation we're discussing today is actually an increase of 8.3 
percent over the 2008 fiscal year funding, which is more than $32 
billion. The omnibus appropriations bill contains funding for many of 
the same agencies and programs that just received funds in the stimulus 
bill.

                              {time}  1230

  Therefore, to uncover the true level of spending for these programs 
this year, the funding levels of both bills should and must be 
combined. The combined FY 2009 funding for agencies, including the 
omnibus and the stimulus, is $680 billion--$301 billion more than these 
programs received in 2008--for a combined 80 percent spending increase 
this year, an 80 percent increase in spending this year alone.
  Mr. Speaker, this week, the President held a fiscal responsibility 
summit that was attended by Republicans and Democrats. How can the 
President take my Democrat colleagues seriously when they spend another 
$410 billion

[[Page 5592]]

after the $792 billion stimulus? There is nothing fiscally responsible 
regarding designating $1.2 trillion in spending in just 2 weeks.
  American families and small businesses are making sacrifices across 
this country and are cutting expenses due to tough economic times. Yet 
this Democratic majority continues to spend like there is no problem at 
all. Worse yet, we are taking a bill that was completely marked up last 
year and are assuming that those same needs are needed now.
  Republicans welcome President Obama's call for fiscal responsibility, 
and we are willing to make the hard choices necessary to bring fiscal 
responsibility to Washington. Republican leadership has called for a 
spending freeze, and in a letter to Speaker Pelosi and Majority Leader 
Hoyer, this past Monday, we did exactly that.
  At a time of deficits, a freeze would allow the Federal Government to 
continue functioning at current levels, just like we have been doing 
for the past 6 months, while showing the commitment to the American 
people that we, as Members of Congress, are taking this crisis very 
seriously.
  Mr. Speaker, this Congress must do better than this to prevent the 
enormous growth of Federal spending from encroaching on the family 
budgets of Americans. I oppose this rule and the underlying legislation 
as it is currently drafted.

                                Congress of the United States,

                                 Washington, DC, February 5, 2009.
     Hon. Nancy Pelosi,
     Speaker of the House, U.S. Capitol, Washington, DC.
     Hon. Steny Hoyer,
     Majority Leader, House of Representatives, U.S. Capitol, 
         Washington, DC.
       Madam Speaker and Majority Leader Hoyer: Many weeks ago, 
     you scheduled this week to consider the Fiscal Year 2009 
     omnibus spending bill. Now that you have announced that 
     consideration will be delayed until after the President's Day 
     recess, we remain troubled that the text of the bill has not 
     been made available to the public and are concerned about the 
     apparent precedent being established with massive spending 
     bills in the 111th Congress. We urge you to make the text of 
     the bill and explanatory statement available to all by 
     posting it on-line and heeding President Obama's call for 
     more transparency in government.
       In the face of the highest deficit in our Nation's history, 
     the Majority has asked the American taxpayers to fund nearly 
     $1.5 trillion in new government spending in just four short 
     weeks. And yet now the Majority plans to spend hundreds of 
     billions more without yet sharing the content of the bill 
     with Republican Members or the public. In the midst of a 
     severe recession, taxpayers have a right to see each 
     provision of this legislation and evaluate the merit of each 
     dollar of government spending their children and 
     grandchildren are being required to fund.
       Recent experience has demonstrated that transparency, 
     scrutiny, and regular order are essential tools for crafting 
     effective and prudent legislation. Vast spending bills that 
     have been rushed through the House. such as the so-called 
     ``stimulus,'' were hastily considered without adequate input 
     from both sides of the aisle--and the American taxpayer is 
     worse off for it.
       Without regular order and sufficient time to examine this 
     legislation how can the American people and Members of 
     Congress know where the $500 billion will be spent? What will 
     the funding increases be for the final six months of fiscal 
     year 2009? Sadly, if the Majority refuses to release at least 
     the text of the omnibus, none of these questions will be 
     answered before the House votes to add hundreds of billions 
     more to the deficit.
       Again, we urge you to make the text of the omnibus spending 
     bill and explanatory statement available to the public 
     immediately, allowing all sides to judge the merit of each 
     taxpayer dollar spent.
           Sincerely,
         Representatives John Boehner; Mike Pence; Cathy McMorris 
           Rodgers; Pete Sessions; David Dreier; Eric Cantor; 
           Thaddeus McCotter; John Carter; Roy Blunt; Kevin 
           McCarthy.
                                  ____



                                Congress of the United States,

                                Washington, DC, February 23, 2009.
     Hon. Nancy Pelosi,
     Speaker, House of Representatives,
     Washington, DC.
     Hon. Steny Hoyer,
     Majority Leader, House of Representatives,
     Washington, DC.
       Madam Speaker and Majority Leader Hoyer: Last week the 
     House rushed through passage of a 1,073-page spending bill 
     with a total price tag of well over $1 trillion. Many of the 
     details of that legislation are still being revealed to the 
     public, given that no one had sufficient opportunity to read 
     the final bill before it was brought to the floor.
       Reports now indicate that this week the House will consider 
     a $410 billion omnibus spending bill to increase government 
     spending levels for the rest of Fiscal Year 2009. Once again, 
     Republicans have not seen this bill, and the American people 
     deserve to know how their tax dollars will be spent.
       Rather than hastily forcing another massive, partisan 
     spending bill through the House, we urge the Majority to 
     allow the House to consider a spending freeze.
       At a time of record deficits, a freeze would allow the 
     federal government to keep functioning at current spending 
     levels without requiring beleaguered taxpayers to pay for new 
     spending increases. Congress could ensure that essential 
     government functions are carried out without any cuts while 
     still protecting taxpayers from spending increases during a 
     time of economic hardship. Our nation now faces the highest 
     deficit in its history, and we are plunging further into 
     unchartered territory with the anticipated debt nearly 
     doubling previous record levels as a percentage of GDP.
       In light of welcomed press statements from Democrat 
     leadership expressing the need for fiscal restraint, we are 
     confident that you will agree with the merits of freezing 
     rather than increasing discretionary spending at this time.
           Sincerely,
     John Boehner,
       Republican Leader.
     Mike Pence,
       Conference Chairman.
     Eric Cantor,
       Republican Whip.
     Thaddeus McCotter,
       Conference Chairman.

  I reserve the balance of my time.
  Mr. McGOVERN. Mr. Speaker, I yield myself such time as I may consume.
  My colleagues on the other side of the aisle want to defend George W. 
Bush's economic policies of the last 8 years. They can have at it. I 
think the American people want a change. That's what they voted for in 
this election. I would just like to show my colleagues:
  This is a chart entitled ``Record Deterioration'' on the budgets 
under Republican administrations. You'll see that we get deeper into 
deficit spending under George Bush 1. Then the blue line represents 
Bill Clinton when, actually, we went into surplus. Then this red line 
that kind of goes after the charts represents the policies of George W. 
Bush. We are in a mess because of the reckless policies of the last 8 
years, and we need to dig ourselves out of it.
  I would also say to my friend that he says that there is no 
Republican input on this bill at all. Yet, as far as I can tell, he has 
seven earmarks in this bill. The gentleman from Florida, who is sitting 
next to him, has 24 earmarks. Forty percent of the earmarks in this 
bill is the Republicans'. How did they magically show up in this bill? 
The bottom line is there has been bipartisan cooperation and 
collaboration and negotiation on this bill, and we need to get this 
bill done because we need to move on.
  At this point, Mr. Speaker, I would like to yield 3 minutes to the 
gentleman from Colorado, a distinguished member of the Rules Committee 
(Mr. Polis).
  Mr. POLIS. Mr. Speaker, I rise in support of the 2009 Omnibus 
Appropriations Act. I thank Chairman Obey and his staff for their hard 
work and leadership on this legislation.
  This bill funds essential education, health care and renewable energy 
programs which, especially in these tough economic times, we cannot 
afford to let fall behind. In addition, by reducing funding for 
ineffective initiatives, this bill promotes efficiency and echos 
President Obama's call for fiscal responsibility last night.
  Many districts and States across the Nation will benefit greatly from 
this legislation. My district in Colorado is an excellent example. We 
are home to a significant science and technology presence--the Space 
Science Institute, Sun Microsystems, the Nation's first Smart Grid City 
of Boulder, Colorado, NOAA, NCAR, and NIST. This bill provides $394 
million for the National Oceanic and Atmospheric Administration for 
climate research and $819 million for the National Institute of 
Standards and Technology to promote American scientific 
competitiveness.
  This bill will provide the resources to sustain important educational 
programs for America's young people. It increases funding to each of 
the four Head Start programs in my district, helping Colorado's low-
income kids achieve a competitive edge in their future learning, access 
to financial aid

[[Page 5593]]

and Pell Grants, making college increasingly important in this 
competitive economy more affordable.
  It also provides a much needed boost in the funding to support 
community health centers, which provide insured and uninsured 
Coloradans access to preventative and emergency health care.
  This bill increases funding for public lands such as the Rocky 
Mountain National Park and the Arapaho National Forest in Colorado that 
have been neglected for far too long.
  It provides the resources necessary for the Environmental Protection 
Agency's efforts to clean our air and water, and it funds important 
programs that address climate change and energy independence with 
substantial money invested in community programs and awareness.
  I didn't come to Congress to place blame for our problems or to 
bicker about partisan solutions. I came to Washington to be part of the 
solution and to create opportunity. If we want to protect the American 
dream for our communities and stabilize our economy, we need to support 
our core programs and services upon which we all rely. This bill is 
another important step in the right direction.
  Mr. SESSIONS. Mr. Speaker, at this time, I would like to yield 3 
minutes to the gentleman from Miami and from the Rules Committee (Mr. 
Lincoln Diaz-Balart).
  Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I rise to engage 
Chairwoman Lowey of the State, Foreign Operations, and Related Programs 
Appropriations Subcommittee in a colloquy.
  Madam Chairwoman, President Bush's fiscal year 2009 budget directs 
$20 million for Cuba under the Economic Support Fund. This funding is 
critical U.S. assistance to those working for democracy and independent 
civil society in Cuba. The House voted overwhelmingly to increase 
funding for this important program in fiscal year 2008. However, 
funding for Cuba was not specifically designated in the report attached 
to the omnibus appropriations bill.
  Can you clarify for the Congressional Record that it is the intent of 
the committee and of this Congress to provide $20 million in the 
underlying legislation for this important program?
  I yield to the chairwoman.
  Mrs. LOWEY. I want to thank Mr. Diaz-Balart, Ms. Wasserman Schultz 
and Mr. Sires for their leadership and interest in promoting democratic 
governance in Cuba.
  While the omnibus does not list funding levels for all programs 
requested by the administration, funding is assumed at the 
administration's request unless otherwise noted in the bill and the 
statement.
  I share the Member's concern of the lack of political freedom in 
Cuba, and want to assure them it is the intent of this committee to 
provide $20 million in the underlying legislation for this important 
program as requested in the President's budget submission.
  Mr. LINCOLN DIAZ-BALART of Florida. Reclaiming my time, I wish to 
thank the distinguished chairwoman and her staff for working with 
Representatives Debbie Wasserman Schultz, Albio Sires, Mario Diaz-
Balart, Ileana Ros-Lehtinen, and myself.
  It is vital that this important program receives $20 million to fully 
implement activities that range from democratic activism to 
humanitarian assistance that directly support the Cuban people, not the 
dictatorship, with the chairwoman's assurance of this full funding.
  Mr. McGOVERN. Mr. Speaker, I would like to yield 4 minutes to the 
gentleman from Wisconsin, the chairman of the Appropriations Committee 
(Mr. Obey).
  Mr. OBEY. Mr. Speaker, I detest the word ``blame,'' and I don't want 
to use it in these circumstances. I don't want to say that we're here 
today because I blame President Bush for our differences on these 
bills. I would prefer to put it another way:
  The President simply proposed budgets for the domestic appropriations 
which would have cut the Job Corps by $50 million. It would have 
eliminated the employment service by $103 million. It would have 
eliminated senior jobs programs. It would have eliminated vocational 
education. It would have eliminated Perkins, SEOG and LEAP student aid 
programs. It would have funded highway infrastructure $800 million 
below the level guaranteed in the authorization bill. It would have cut 
airport modernization grants by 22 percent. It would have eliminated 
the Community Service Block Grant Program. It would have cut health 
care access programs by $1 billion. It would have cut low-income 
heating assistance by $570 million.
  Outside of that, it was a terrific budget. So we simply had a stark 
disagreement with the White House. We simply had a difference of 
opinion.
  The President said he would not sign these domestic bills unless we 
accepted his level of cuts. We said, ``Sorry, but that's not the way 
the budget process works. We're supposed to be able to proceed, and so 
long as we confine the spending to the amount limited in the budget 
resolution, we're supposed to be able to proceed. That amount was some 
$20 billion at variance from President Bush's budget.'' So we offered 
to the White House to at least split the difference. We offered to sit 
down and to negotiate and to split the difference right down the 
middle. The White House declined. So we said, okay, if that's the case, 
we're simply going to wait, take our chances on the election and hope 
that we elect somebody to the White House who will negotiate like an 
adult. Now that is what has happened.
  So we bring this bill here today. It essentially does two things: It 
provides the base funding for programs that are funded in the recovery 
act, without which the additional recovery funding could not succeed. 
Example, of the operating budget for the Social Security 
Administration. Example, the other half of the 50 percent that we need 
to keep our promises on Pell Grants. Example, the $40 billion we need 
to keep our commitments on highway construction.
  The omnibus also funds numerous critical programs not funded in the 
recovery act. We only touched about 20 to 25 percent of government 
accounts in providing funding in the recovery act. The other 75 percent 
of government did not receive any additional funds in that recovery 
act, and so we simply provided those funds in this bill. That is what 
we are doing.
  With respect to earmarks, I would simply say that the process that 
we're following today is far more transparent than it was in the so-
called ``good old days.'' In the ``good old days,'' subcommittee Chairs 
would come to the floor. They would pretend that there were not 
earmarks in these bills, and then they would call up the agency and 
say, ``Hey, boys. I want you to do A, B, C, D, E, and F,'' and they 
would do A, B, C, D, E, and F totally hidden from public view.
  Instead, today, you may not like the fact that Congress participates 
on an equal constitutional footing, but the fact is, under the process 
today, every single earmark that is out there has to be identified by 
name. It is on the Web, and people can examine them to see whether they 
think they're deserving or not.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. McGOVERN. I yield to the gentleman an additional 2 minutes.
  Mr. OBEY. Now, from a standpoint of personal convenience, as chairman 
of the committee, I would much prefer that there would not be earmarks 
because then I wouldn't have to spend so much time in a hassle about 
them, but the fact is they represent the hole in the donut. Earmarks 
today are less than 1 percent of all of the funds in this bill. As a 
percentage of Federal spending, we have cut earmarks in half in this 
bill. I think that's doing pretty well. There are some people in this 
place who think that because Duke Cunningham fouled the nest with his 
corrupt practices that somehow we should eliminate all earmarks. With 
all due respect, that's like saying, because somebody gets drunk behind 
the wheel of a car, you ought to abolish the automobile.
  The fact is, without the earmarking process, the White House and its 
anonymous bureaucrats would make every

[[Page 5594]]

single spending decision in government. So, if you're a well-connected 
corporation and you've got some buddies in the Pentagon, you can sit 
down on the inside and work out sweetheart deals, and nobody will ever 
be the wiser. Earmarking may have its problems like any other human 
endeavor, but at least it's out in the open. You can measure it. There 
is a degree of accountability that never existed before we proceeded 
with these reforms. I am proud of those reforms, and every Member of 
this body who voted for them on both sides of the aisle should be 
proud, too.
  Mr. SESSIONS. Mr. Speaker, at this time, I would like to yield 3 
minutes to the distinguished gentleman, the ranking member of Natural 
Resources, the gentleman from Pasco, Washington (Mr. Hastings).
  Mr. HASTINGS of Washington. Mr. Speaker, I oppose this totally closed 
rule. As the ranking Republican on the House Natural Resources 
Committee, I especially object to a very dangerous policy rider that 
could seriously threaten new job creation and economic growth across 
our entire country.

                              {time}  1245

  Section 429 of this bill allows the Secretary of the Interior to 
withdraw, with no public notice and no public comment, two rules 
established during the Bush administration that ensure the listing of 
the polar bear as threatened under the Endangered Species Act is not 
transformed into a vast new expansion of government power to impose 
greenhouse gas emission regulations on economic activity across 
America.
  Section 429 empowers the Interior Department or a Federal judge to 
limit potentially any carbon dioxide or other greenhouse gas emission 
in all 50 States using the polar bear and the Endangered Species Act as 
a regulatory vehicle.
  We all want to protect the polar bear. As the Washington Post 
editorialized last year, ``Though the polar bear deserves protection, 
the Endangered Species Act is not the means, and the Fish and Wildlife 
Service is not the agency to arrest global warming.''
  By wiping out this rule under 429, any increase in carbon dioxide or 
greenhouse gas emission would be subject to a potential lawsuit on the 
grounds that the action must first require consultation with the Fish 
and Wildlife Service to mitigate emissions.
  What emits greenhouse gases? I will name a few examples, Mr. Speaker. 
It's building a new factory in Pennsylvania or a new school on an 
Indian reservation, it's farming and cattle ranching. Most all of the 
shovel-ready projects on the trillion-dollar stimulus bill would, in 
fact, be at risk.
  Democrats know section 429 is extremely controversial so they slipped 
this into this massive spending bill behind closed doors. Mr. Speaker, 
why the secrecy? The reason is obvious. Section 429 threatens the 
creation of new jobs in every State and can do real harm to our already 
troubled economy. This is a backdoor maneuver to warp the original 
purpose and intent of the Endangered Species Act to invent vast new 
climate change powers for the Federal Government to control economic 
activities.
  Democrats claim section 429 is just an attempt to stop midnight rules 
completed at the end of the Bush administration. Yet, Mr. Speaker, 
these rules in the Bush administration were written in full compliance 
with the law. Democrats have written section 429 to say ``forget all 
the laws; forget public comment from the American people. We don't have 
to follow the laws. Just wipe these legal rules off the books that put 
jobs and our economy at risk.''
  Mr. Speaker, I want to make note that last night the junior Democrat 
Senator from Alaska wrote to the Senate Democrat leadership expressing 
his deep concern and objections to this provision, the harm it could do 
to economic activity and that it should be removed from this 
legislation. That's exactly what we should be doing here today. And I 
ask my colleagues to support that action.
  Again, Mr. Speaker, I strongly oppose this measure, and I urge my 
colleagues to open up the omnibus appropriations bill to amendment.

                                                  U.S. Senate,

                                Washington, DC, February 24, 2009.
     Hon. Daniel Inouye,
     Chairman, Senate Appropriations Committee, U.S. Capitol, 
         Washington, DC.
       Dear Chairman Inouye: I write to express my serious concern 
     over Section 429 of the just-released House version of the 
     Fiscal Year (FY) 2009 Omnibus Appropriations Bill, H.R. 1005, 
     now being considered in the House of Representatives. This 
     section, which was included in the bill without any advance 
     notice, would provide significant new authority to the 
     Secretaries of Commerce and Interior to potentially overturn 
     two of the regulations the Bush Administration adopted under 
     the Endangered Species Act. One of the rules is the Polar 
     Bear Special 4(d) Rule, which has provided some much-needed 
     legal certainty to the application of the Endangered Species 
     Act to the North Slope of Alaska. The Secretary of the 
     Interior would have 60 days from the date of enactment of the 
     Omnibus Bill to withdraw or ``reissue'' the Special Rule for 
     the polar bear issued on December 10, 2008.
       The language of Section 429 is attached. If Section 429 is 
     enacted as is, the Secretary would not have to comply with 
     any statutory or regulatory provision that would normally 
     affect such an action, including public notice or comments or 
     consultation requirements. Significantly, Section 429 also 
     authorizes the Secretary of the Interior to ``reissue'' the 
     4(d) Rule for the Polar Bear. It is unclear what actions the 
     Secretary may take in reissuing the rule. While it is 
     possible that the Secretary would only be authorized to 
     reissue the Special 4(d) Rule as it was previously published, 
     under an alternative interpretation, the Secretary may be 
     able to issue a revised rule, with major changes, without 
     having to comply with the typical procedural requirements of 
     the Administrative Procedure Act or the Endangered Species 
     Act. The existing legislative history of the Omnibus Bill 
     does not explain how Congress intends the term ``reissue'' to 
     be interpreted. This lack of clarity will only cause more 
     legal uncertainty, in an area of law where litigation already 
     is rampant. Activities of numerous businesses operating in 
     Alaska, and of the Inupiat people of the North Slope, will be 
     caught in this void.
       Additionally, there would be no ``incidental take'' 
     protection if Section 429 is enacted and the polar bear 4(d) 
     Rule is withdrawn, without a similar Rule in its place. 
     Should the Secretary decide to withdraw the 4(d) Rule under 
     Section 429, the polar bear would remain listed as a 
     threatened species under the Endangered Species Act. Under 
     the Department of the Interior's regulations, the full range 
     of Section 9 prohibitions apply to all threatened species 
     unless a species is subject to its own Section 4(d) rule. As 
     such, the activities currently covered, and protected, by the 
     4(d) Rule would be at risk for incurring liability under the 
     Endangered Species Act, should a take of a polar bear occur. 
     This liability would extend even to minor, incidental impacts 
     on polar bears from otherwise entirely lawful activities. 
     This could endanger the public if a polar bear wanders onto a 
     North Slope playground or village. This liability risk will 
     remain until the Secretary promulgates new Section 4(d) 
     regulations for the polar bear. Under this section, the 
     protections built into the current 4(d) Rule could disappear 
     without a replacement 4(d) Rule in the works.
       I see no valid public policy reason to inflict on the 
     people of the North Slope significant legal uncertainly and 
     potential liability under the ESA, by congressionally waiving 
     ordinary public notice and comment requirements that 
     routinely apply in virtually all other settings. The 
     inclusion of Section 429 is particularly disturbing in that 
     it effectively ``cherry-picks'' and exempts certain 
     regulations and has the effect of depriving the public of due 
     process. Irrespective of whether one agrees or disagrees with 
     the substance of rules adopted by the prior administration, 
     this action sets a bad precedent. If the current 
     administration disagrees with a rule previously adopted, 
     there exists a process by which the rule can be reviewed and 
     the notice and participation rights so citizens respected. 
     Finally, the underlying policy goal at issue here--using the 
     Endangered Species Act to regulate climate change--is far too 
     important a matter to be decided without debate as a non-
     germane portion of an appropriations bill.
       I understand that the House may move to strike Section 429 
     as an extraneous rider. If the motion to strike is not 
     adopted, I respectfully request your assistance and 
     leadership in seeking to omit the language from a Senate 
     bill, or seeking to have the language omitted from any final 
     House-Senate agreement.
       Thank you for your consideration and assistance in this 
     important matter.
           Sincerely,
                                                      Mark Begich,
                                                     U.S. Senator.

  Mr. McGOVERN. Mr. Speaker, before I yield to Mr. Obey to respond to 
the last speaker, I would like to express my surprise that he would 
oppose a bill in which he has 30 earmarks in it.

[[Page 5595]]

  At this point, I would like to yield 1 minute to the gentleman from 
Wisconsin (Mr. Obey).
  Mr. OBEY. Mr. Speaker, I want to correct one misunderstanding on the 
endangered species proposal.
  All this language does is to give the Secretary, the new Secretary, 
60 days to re-examine the rule that was a midnight change in the rule.
  Mr. HASTINGS of Washington. Will the gentleman yield on that point?
  Mr. OBEY. I'd like to finish my statement on this first, if I could.
  All this does is give the Secretary 60 days to reconsider the rule 
and decide whether to go forward or not. This was a rule that was 
promulgated by the administration as they were going out the door after 
the election. And I have no idea what I think is the right public 
policy. I do not have any objection, however, to the new Secretary 
taking a look at it before he commits the country to a change in 
direction.
  Now I'd be happy to yield.
  Mr. HASTINGS of Washington. I thank the gentleman for yielding.
  Two points. The reason this ruling came about was because of the 
listing of the polar bear and that the Bush administration started this 
process, which is required by law----
  Mr. OBEY. I understand. I only have 1 minute.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. McGOVERN. Mr. Speaker, I yield the gentleman from Wisconsin an 
additional 30 seconds.
  Mr. OBEY. I only have 30 seconds.
  My point is I understand they began the rule a long time ago, but 
they did not promulgate it until after the election and all this does--
this does not reverse the rule; it simply gives the new administration 
the latitude to determine whether they should go ahead or not. It 
leaves the situation in neutral, and I think that's a fair thing to do.
  Mr. HASTINGS of Washington. Will the gentleman yield?
  Mr. OBEY. Sure.
  Mr. HASTINGS of Washington. There's probably some disagreement on the 
rule. But why not go through the regular process to change the rule? 
You're doing it without any regular process.
  Mr. OBEY. I think the regular process would have been for the 
administration not to promulgate a new rule after the election when 
they were no longer accountable.
  Mr. SESSIONS. Mr. Speaker, at this time I would like to yield 2\1/2\ 
minutes to the distinguished gentleman from Texas, a bright young 
member of the Republican Conference, Jeb Hensarling.
  Mr. HENSARLING. I thank the gentleman for yielding.
  Mr. Speaker, as our countrymen are hurting, as our unemployment news 
grows grim, what is the answer of the Democrat majority? They have 
brought us the largest single 1-year increase in the Federal deficit; 
they have brought us the largest deficit ever, $1.2 trillion, 8.3 
percent of our economy; they've brought us the largest government debt 
ever, a debt that will be passed on to our children and grandchildren. 
And today they bring the largest regular appropriations process in 
history to the floor totaling at $1 trillion.
  They have achieved, Mr. Speaker, a trifecta of trillions: a trillion 
dollars to stimulate government, a trillion dollars of Federal deficit, 
a trillion dollars for a regular appropriations bill.
  This bill, Mr. Speaker, is going to grow the government 8.3 percent. 
Washington can grow 8.3 percent, the Federal budget can grow 8.3 
percent. But the family budget, which has to pay for the Federal 
budget, only grew at 1.3 percent last year. So somehow Washington is 
entitled to almost a six-fold increase in their budget but working 
families are not?
  You know, I don't see it. I don't see it, Mr. Speaker.
  Now, something I do see is an old quote from Yogi Berra: ``It's deja 
vu all over again.''
  So now I'm seeing $3.13 billion for the 2010 census on top of the 
billion dollars that was given to the census in the so-called stimulus 
bill; $1.45 billion for Amtrak on top of the $1.3 billion Amtrak 
received in the stimulus bill. And the list goes on and on.
  Again, Mr. Speaker, this is more legislation designed to stimulate 
the government and not to stimulate the economy.
  Let me give you a quote from one of our Secretaries of Treasury. He 
said, ``We are spending more than we have ever spent before, and it 
does not work. We have never made good on our promises. After 8 years 
of this administration, we have just as much in unemployment as when we 
started, an enormous debt to boot.'' The Secretary of Treasury was 
Henry Morgenthau, FDR's Secretary of Treasury. Those words were spoken 
in 1939.
  And now we see the example of Japan. Mr. Speaker, you cannot spend 
and borrow your way into economic prosperity. They had nothing to show 
for what they did in Japan. Ten stimulus bills, but no jobs, no 
economic growth, and the largest per capita debt in the world. We 
should reject following the Japanese way.
  Mr. McGOVERN. Mr. Speaker, I yield myself such time as I may consume.
  I want to remind the previous speaker and some of my friends on the 
other side that they have been in charge for 8 years in the White 
House; 6 of those 8 years they've been in charge of the Congress. They 
can't blame this on Bill Clinton who, by the way, left the White House 
with a surplus.
  Mr. HENSARLING. Will the gentleman yield?
  Mr. McGOVERN. This is the debt that has been accumulated during the 
Bush administration. The debt has doubled during this past 
administration. This is the legacy of their policy.
  The election was about change. People have had it. People want 
investments, not in tax cuts for the wealthy, but they want investments 
in education----
  Mr. HENSARLING. Will the gentleman yield?
  Mr. McGOVERN. No. At this point I will not.
  They want investments in transportation, in education, and in the 
future of this country. But this is what they created. This is 
undeniable. This is what happened during the Bush years: a doubling of 
the debt. And that is a legacy that our kids and our grandkids are 
going to have to pay for.
  I give President Obama a great deal of credit in this tough economic 
crisis to not only understand that we need to invest in our people to 
help create jobs and to help get this economy back on the right track, 
but he also said last night very clearly that we are going to be 
fiscally responsible and we are going to cut the deficit in half in 4 
years. That is a benchmark that he will be measured by, and I will tell 
you that I think that what he said last night was what the American 
people wanted to hear. It's why he won the election in November.
  I reserve the balance of my time.
  Mr. SESSIONS. Mr. Speaker, at this time I would like to yield 1 
minute to the gentleman from Texas (Mr. Hensarling).
  Mr. HENSARLING. I thank the gentleman for yielding once again.
  And I was happy to see I could save the gentleman from Massachusetts 
the trouble of looking into his earmark books, as he will find none for 
me.
  I noticed that the gentleman from Massachusetts didn't deny any of 
the factual assertions. Since Democrats took control of the Congress, 
we have the single largest 1-year increase in the deficit. He didn't 
deny it. Go to CBO. You'll find the fact.
  We now have the largest deficit ever since Democrats took control of 
this Chamber. Go to CBO, you'll find out it's a fact. We have the 
largest government debt ever under Democrat control of this House. He 
did not deny the fact. I would also point out--since the gentleman has 
been in this body for quite some time--that it is Congress, it is 
Congress that passes budgets, not the White House, as much as he would 
like to blame all of this on the White House. It is Congress.
  And every year I've been here, Mr. Speaker, whenever the Republicans 
have presented a budget--and I haven't been ecstatic about each and 
every one--my friends on the other side of the aisle present a budget 
with even more spending that ultimately leads to

[[Page 5596]]

higher taxes on struggling families in America. That is the fact.
  Mr. McGOVERN. Mr. Speaker, I yield myself 5 seconds.
  I just remind the gentleman that the Republicans controlled Congress 
for 6 of the last 8 years.
  I reserve my time.
  Mr. SESSIONS. Mr. Speaker, I would also remind the gentleman that for 
6 of those 8 years, Republicans controlled this House of 
Representatives, and the economy was great because we didn't try and 
run the investor out on the terms of what's fair for the American 
people. Once we had tax increases yelled about every day on this floor 
of this House of Representatives, the investor got it.
  So we've got a lot of fairness under the terms that my friends, the 
Democrats, wanted. And that is where it's called massive unemployment 
and economic chaos.
  Mr. Speaker, at this time I would like to yield 3 minutes to the 
gentleman from Hamilton, New Jersey (Mr. Smith).
  Mr. SMITH of New Jersey. Mr. Speaker, yesterday I submitted two pro-
life, pro-child, pro-women amendments to the Rules Committee and asked 
that they be made in order. Regrettably, both were rejected.
  As a direct, absolutely predictable consequence of President Obama's 
abortion export order a few weeks ago nullifying the Mexico City 
policy, an Obama action that the Gallup poll found that 58 percent of 
the people oppose him, 35 percent support him--as a result of that 
order, there will be significantly more abortions worldwide, more dead 
babies, and more wounded women.
  Now the number of innocent children forced to die from dismemberment, 
decapitation, or chemical poisoning by abortion will increase 
significantly mostly in Africa and Latin America.
  The pro-abortion organizations who will divvy up the $545 million pot 
of U.S. taxpayer grant money contained in the bill have made it 
abundantly clear that they will aggressively promote, lobby, litigate, 
and perform abortions on demand in developing countries. My amendment 
would have prevented that.
  Flush with U.S. funding, foreign pro-abortion NGOs will be regarded 
in those countries as an extension of American values and mores. In 
your name and mine, and in the name of the American people pro-abortion 
organizations will unleash massive death, pain, sorrow, and destruction 
on babies, women, and families.

                              {time}  1300

  The second amendment, Mr. Speaker, would have preserved the Kemp-
Kasten anti-coercion amendment. That amendment, while it's in the bill, 
is actually gutted by language also in the bill that says that funds 
made available to the UNFPA shall be made available notwithstanding any 
other provision of law. So it's gutted. My amendment would strike the 
notwithstanding language and reiterate the anti-coercion text.
  The U.N. Population Fund, Mr. Speaker, has actively supported, 
comanaged and whitewashed the most pervasive crimes against women in 
human history, yet the omnibus Appropriations bill gives them $50 
million and a slap on the wrist.
  China's one-child-per-couple policy relies on pervasive coerced 
abortion, involuntary sterilization, ruinous fines in the amounts of up 
to 10 times the salary of both parents, imprisonment, job loss or 
demotion to achieve its quotas. In China today, with UNFPA enabling 
acquiescence and facilitation, brothers and sisters are illegal. 
Illegal kids--siblings! Women are told when and if they can have even 
the one child permitted by law. Unwed mothers, even if the baby is 
their first, are forcibly aborted.
  Women are severely harmed emotionally, psychologically and 
physically, yet for the past three decades the UNFPA has been China's 
chief apologist as well as program trainer, facilitator and funder.
  So, Mr. Speaker, how does Congress respond to the UNFPA's 
unconscionable complicity in China's crimes against Women? Do we demand 
reform, or the protection of Chinese women and children? Heck no. We 
gut the anti-coercion law and write a $50 million check to the UNFPA.
  Mr. Speaker, yesterday I submitted two pro-life, pro-child, pro-women 
amendments to the Rules Committee and asked that they be made in order 
under the pending rule.
  Notwithstanding the fact that both the Mexico City Policy amendment 
and the Kemp-Kasten Anti-Coercion population control amendment have 
been fundamental foreign policy for the better part of two decades, the 
Democratic leadership chose to reject both, out of hand, precluding 
members so much as an up or down vote.
  As a direct, absolutely predictable consequence of President Obama's 
abortion export order a few weeks ago nullifying the Mexico City Policy 
the number of innocent children who will be forced to die from 
dismemberment, decapitation, or chemical poisoning by abortion will 
increase significantly, mostly in Africa and Latin America.
  According to a Gallup poll released earlier this month, overturning 
this pro-life policy was the least popular of the President's actions 
in his first week in office. In fact 58 percent of those polled opposed 
overturning the policy and only 35 percent supported funding groups 
that promote or provide abortion as a method of family planning.
  The pro-abortion organizations who will divvy up the $545 million pot 
of U.S. taxpayer grant money contained in the bill have made it 
abundantly clear that they will aggressively promote, lobby, litigate 
and perform abortion on demand in developing countries. My amendment 
prevents that.
  Flush with U.S. funds, foreign pro-abortion NGOs will be almost 
certainly regarded by people in foreign nations as extensions of 
American values and mores. Mr. Speaker, in your name and mine and in 
the name of the American people--pro-abortion organizations will 
unleash massive death, pain, sorrow and destruction on babies, women 
and families throughout the world.
  President Obama--the Abortion President--has put countless innocent 
children in harm's way, all while speechifying that he wants to reduce 
abortion.
  And please, let's not kid ourselves any longer. There is nothing 
whatsoever benign, kind or compassionate about abortion; it is violence 
against children and wounds women.
  The second amendment would have ensured that the Kemp-Kasten anti-
coercion proviso in the bill has meaning. On one page of the Omnibus, 
Kemp-Kasten is seemingly retained intact, only to be completely gutted 
by text which reads.

       Funds appropriated by this act for UNFPA''--$50 million--
     ``shall be made available to UNFPA notwithstanding any 
     provision of law . . . .

  The U.N. Population Fund has actively supported, co-managed, and 
white-washed the most pervasive crimes against women in human history.
  Yet this bill gives them $50 million and a slap on the wrist.
  China's one-child-per-couple policy relies on pervasive, coerced 
abortion, involuntary sterilization, ruinous fines in amounts up to 10 
times the salary of both parents, imprisonment, and job loss or 
demotion to achieve its quotas.
  In China today with UNFPA enabling China's barbaric government 
policy, brothers and sisters are illegal. Imagine, a government so 
hostile to siblings that it makes them enemies of the state--and dead.
  Women are told by Chinese family planning cadres when--and if--they 
can have even the one child permitted by law.
  Unwed mothers--even if the baby is her first--are forcibly aborted. 
No exception.
  Women are severely harmed emotionally, psychologically, and 
physically. Chinese women are violated by the state. The suicide rate 
for Chinese women--about 500 a day--far exceeds suicide anywhere else 
on earth.
  Then there are the missing girls--about 100 million--victims of sex 
selection abortions. This gendercide is a direct result of the China/
UNFPA one child policy.
  In 2008--the U.S. State Department found once again that the UNFPA 
violated the anti-coercion provision of Kemp-Kasten and reprogrammed 
all funding originally earmarked for the UNFPA to other maternal health 
care or family planning projects.
  Yet throughout the past three decades, the U.N. Population Fund has 
remained China's chief apologist, as well as program trainer, 
facilitator and funder.
  So, finally, Mr. Speaker, how does Congress respond to the UNFPA's 
unconscionable complicity in China's crimes against women? Do we demand 
reform and protection of Chinese women and children? Heck no. We gut

[[Page 5597]]

the anti-coercion law and write a $50 million check to the UNFPA.
  Mr. McGOVERN. Mr. Speaker, I would like to yield 1 minute to the 
gentleman from Wisconsin (Mr. Obey).
  Mr. OBEY. Mr. Speaker, let me simply point out that our friends in 
the right-to-life community have made their concerns clear. They have 
asked this committee to retain virtually all of the limitations on 
abortions that have been in previous appropriations. The committee has 
done so in 19 of 20 items. That's a pretty good batting average I would 
suggest.
  The only change that has been made with respect to abortion is the 
change with respect to the United Nations Population Fund. And here we 
retained all current law restrictions on family planning funds in 
China, which means UNFPA programs in China will not be funded. The bill 
does make some adjustments that allow certain expenditures for maternal 
health programs, including ensuring safe childbirth and emergency 
obstetrics care. The new provision does not in any way change current 
law restrictions on funding of UNFPA contra programs in China. I 
personally detest the Chinese programs and I agree with the gentleman's 
observations about the Chinese programs, but the adjustments simply 
allow this agency to proceed in 100 other countries.
  Mr. SESSIONS. Mr. Speaker, at this time, I would like to yield 2 
minutes to the distinguished gentleman from Illinois (Mr. Kirk).
  Mr. KIRK. Mr. Chairman, as a Republican moderate, I rise in support 
of the rule, but against the bill that it governs.
  This rule would deny a pay raise to the Congress, and since Americans 
are not getting a raise, neither should we. But the ominous 
appropriations bill underlying this legislation is not responsible. It 
contains 9,000 earmarks, with no irony in the very same week as the 
Fiscal Responsibility Summit.
  The earmarks in support of projects come from Republicans and 
Democrats, but none of them face the time that we see. Earmarks, 
remember, are sole-source Federal grants given without competition, 
many for clients of entities who paid lobbyists to reach into our 
Treasury.
  Now, one set of earmarks in this legislation deserves particular 
scrutiny. The bill contains no less than a dozen earmarks for the 
clients of Paul Magliochetti and Associates, known as PMA. Agents from 
the FBI raided PMA 3 months ago, and yet I have seen, coming from 
Illinois, the signs of a Federal criminal investigation and know what 
they look like. And the signs are all there now that the Justice 
Department is moving to soon indict the leaders of PMA, but stunningly, 
this House is ready to approve no less than 12 PMA client earmarks in 
this bill, reaching into the taxpayers' Treasury for $8.7 million. It 
is simply not responsible to allow a soon to be criminally indicted 
lobbying firm to win funding--all borrowed money--in this bill.
  This bill also dramatically accelerates spending by the Federal 
Government. We have approved a $1 trillion stimulus bill; this is a 
$410 billion omnibus appropriation; and then we will take up a 
supplemental appropriation bill--all borrowed money. The legislation 
contains no analysis of the borrowing required to support this 
spending.
  The Bureau of the Public Debt reports that we will have to borrow 
$150 billion a week to support this spending.
  The SPEAKER pro tempore. The gentleman's time has expired.
  Mr. SESSIONS. I give the gentleman an additional minute.
  Mr. KIRK. We will have to borrow an additional $150 billion a week, 
the Bureau of Public Debt reports, to support this spending.
  Now, the number of lenders to the United States Government used to 
total 45; they are now less than 17. And our top lender is China, its 
government and central bank, that just announced that its lending to 
the United States will drop from $450 billion last year to just $150 
billion this year. Now, they've already lent us $1 trillion, and 
they're worried that we can't repay. Would you blame them?
  So I would hope, at a minimum, that when the conference meets on this 
legislation we delete the criminal earmarks, the 12 PMA earmarks, in 
conference. These leaders from PMA are likely going to jail, and their 
work should go unrewarded from our Treasury.
  Mr. McGOVERN. Mr. Speaker, let me just say I am grateful to the 
gentleman for supporting the rule. I'm glad he agrees with us that in 
this tough economic time we should not go forward with a pay raise for 
Members of Congress. But I would simply point out that passing the rule 
in and of itself doesn't deny Members a pay raise. You need to pass the 
rule and pass the bill; otherwise, it doesn't happen. So I would urge 
him maybe to rethink his position.
  At this point, I would like to yield 2 minutes to the gentlewoman 
from California (Ms. Waters).
  Ms. WATERS. I would like to thank the chairman and subcommittee 
chairman on the Appropriations Committee for doing such a great job 
crafting this legislation.
  Last night, President Obama said that a budget should be more than 
just a list of programs and dollar amounts, it's a document that should 
reflect our values as a Congress.
  I'm proud to support this rule and this omnibus bill as a reflection 
of my values. Allow me to briefly mention some of the programs that I'm 
proud to have worked with my colleagues to fund.
  I'm very pleased that we have additional money in here for public 
housing capital funds. We have many of our large public housing 
projects that are in great disrepair, and to have just a decent quality 
of life we needed to expand support for these public housing projects. 
There is money for section 8 tenant-based vouchers, money for section 8 
project-based vouchers, and then of course education and training.
  We have my beloved Head Start program. That is going to ensure that 
900,000 low-income children have access to high-quality preschool 
services, title I grants for low-income children, and money for 
dislocated workers.
  In health, we're going to give additional support to community health 
centers, health professions training, and Missing Alzheimer's Disease 
Patient Alert Program; and of course some assistance in international 
aid for HIV and AIDS; and a little money for Haiti--that's the poorest 
country in the Western Hemisphere.
  So I am very, very proud of this legislation, particularly in this 
time of economic crisis. It's vital that we continue to invest in our 
economy to keep our country strong.
  Mr. SESSIONS. Mr. Speaker, at this time, I would like to yield 1\1/2\ 
minutes to the gentleman from Augusta, Georgia, Dr. Paul Broun.
  Mr. BROUN of Georgia. I thank the gentleman for yielding.
  This rule is totally unfair, and it is a slap in the face to the 
American family. We are struggling all across America to try to make 
ends meet, but what are we doing here in Congress? We're growing the 
size of the Federal Government. The things that are included in this 
grows every one of these appropriations in whole by almost 8.5 percent, 
but the American public's budget isn't growing that much.
  I presented an amendment to this huge abomination here that would 
have cut discretionary spending--not military spending, not veteran 
spending, but discretionary spending--by 10 percent. My amendment was 
not held in order. I was trying to help the American people, but we're 
having this forced down our throats. This is just another continued 
rolling of a steam roll of socialism down the throats of the American 
people and it's going to destroy our economy.
  Just as an example of how grossly growing the Federal Government is, 
Labor HHS, with what is in this bill as well as what was in the 
nonstimulus bill just a couple of weeks ago, is growing by 91 percent 
just for that one department. Labor HHS approps is growing 91 percent. 
This is totally intolerable.
  Just last night, the President stood right there and said he wanted 
to cut

[[Page 5598]]

the deficit in half by the end of his 4-year term. We're not cutting 
the deficit, we're growing government, and it's going to increase the 
Federal debt. This is intolerable, and this rule should be rejected.
  Mr. SESSIONS. Mr. Speaker, at this time, I would like to yield 1\1/2\ 
minutes to the gentleman from Allentown, Pennsylvania.
  Mr. DENT. Mr. Speaker, I just rise today to express my disappointment 
with the fact that we are operating under a closed rule. I appreciate 
the fact that we are going to eliminate the pay raise, I think that's 
appropriate, and I commend everybody involved with that. We should not 
be getting a raise at a time like this.
  But ordinarily we operate under what's called an open rule so that we 
have the opportunity to offer amendments to appropriations measures, 
that is our custom. And I'm very disappointed that we're not allowed to 
do that.
  We all talk about bipartisanship, as we should, and we should try to 
work for bipartisan legislation. In fact, the President just the other 
day said something to the effect that the majority needs to be 
inclusive and the minority needs to be constructive. I agree. And in 
that spirit, I offered an amendment to the Rules Committee yesterday 
that would have limited the increase in spending in this legislation to 
the rate of inflation at 3.8 percent. It was rejected on a party line 
vote. I think it would have been most appropriate. Again, that 
amendment was substantive, it was constructive, and would have 
benefited the American taxpayer.
  I understand that we have an obligation to govern, that we must pass 
appropriations bills to fund the government; that is important and 
that's something we must do. But the fact that we're operating under 
this closed rule process, though, again, shuts so many people out of 
the process. It is unfair, it's unreasonable, it is not bipartisan, and 
I think we should heed President Obama's voice, that the minority 
should be constructive and the majority should be inclusive. And that 
is not what is occurring with respect to this Omnibus Appropriations 
Act.
  I am disappointed. And like others, I intend to vote for the rule 
because it will eliminate the pay raise, so that's a good thing; but 
again, we need to get back to regular order.
  Mr. SESSIONS. Mr. Speaker, the gentleman, Mr. Flake, had it right 
this morning when he said this bill is heavy, and it is. And this is 
the bill that we're getting ready to pass, hundreds of billions of more 
dollars that will be taken from the American people that we're 
borrowing this money.
  Just last week, we passed a bill that was twice this size, all 
borrowed money. This is a bill that, by and large, was put together 
last June and ready to go. We are now 5 full months through the fiscal 
year, and yet we decided to go ahead and do the exact same bill in the 
remaining 7 months; 8 percent increase if we had 12 months, now we've 
got 7 months left. All borrowed time, all borrowed money off of a 
system that now, months later, is under greater distress.
  The American family, the American taxpayer, American business, even 
investors to this great country, like China--as we've heard the 
gentleman, Mr. Kirk, talk about--the investors, people who will pay for 
this debt, are growing weary of bigger and bigger government, of more 
and more spending.
  And I do recognize that we disagree with each other on the floor 
based upon party lines, but at some point there has to be a reality 
check. And the reality check is that, since we decided to wait almost 
half a year, why not cut it in half? Makes sense to me. Perhaps that's 
common sense; perhaps it's just political shenanigans. But, Mr. 
Speaker, here we are today with 7 months remaining and we're going to 
cram down an 8.5 percent increase.
  Mr. Speaker, I reserve the balance of my time.

                              {time}  1315

  Mr. McGOVERN. Mr. Speaker, I yield 2 minutes to the gentleman from 
Washington (Mr. Dicks).
  Mr. DICKS. Mr. Speaker, I rise in strong support of the Omnibus 
Appropriations Act and the rule currently being debated in the House.
  Division E of this bill provides $27.6 billion for programs under the 
jurisdiction of the Interior and Environment Subcommittee. This is a 
modest increase of about 4\1/2\ percent over the 2008 funding level. 
These funds are critically needed to support the core activities of 
agencies which serve every American family and which benefit the 
taxpayers of this country. These agencies include the National Park 
Service, the U.S. Fish and Wildlife Refuge System, and the National 
Forest System. These land management agencies manage more than 600 
million acres of publicly owned land and host more than 200 million 
visitors every year.
  The bill also funds the Indian Health Service and the Bureau of 
Indian Affairs, which provide education, law enforcement, and health 
services for 4 million Native Americans. It includes the money to 
support the staff of the Department of the Interior, which develops the 
offshore and land-based energy resources of this country. These energy-
related programs generate over $20 billion of revenue for the Federal 
Treasury every year. It includes money for the EPA to support 
environmental protection activities in every congressional district 
affecting every single American family.
  Mr. Speaker, I want to specifically address the question raised 
earlier as to why we need this omnibus money when we have just provided 
$11 billion for the agencies in the American Recovery and Reinvestment 
Act signed last week. The basic answer is the stimulus legislation 
provides funding for infrastructure projects at these agencies, in 
particular funding to address the longstanding and well-documented 
maintenance backlogs. The omnibus bill we are considering today 
supports the operational costs of these agencies.
  The recovery bill pays to repair Indian schools. This bill pays for 
the teachers.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. McGOVERN. I yield the gentleman 1 additional minute.
  Mr. DICKS. The recovery provides funds to fix dilapidated Indian 
hospitals and clinics and allows purchases of critically needed medical 
equipment. The omnibus bill pays for the doctors, dentists, and nurses.
  The recovery bill will improve the roads, bridges, trails, and 
visitor services facilities of our parks, refuges, and forests. The 
omnibus bill pays for the park rangers who provide visitor services and 
for the law enforcement rangers who protect those visitors.
  The recovery bill will repair, rehabilitate, and build new water and 
sewer systems in over 500 communities. The omnibus bill includes 
funding to support efforts to protect public health by enforcing laws 
and regulation to ensure our air is fresh, our water is safe, and that 
our families are not exposed to dangerous toxins.
  I want to commend Chairman Obey for bringing this bill badly needed 
by the American people. These are important programs, and I appreciate 
his leadership on this bill and the staff of the committee as well.
  Mr. Speaker, I rise in strong support of the Omnibus Appropriations 
Act currently being debated in the House.
  Division E of this bill provides $27.6 billion for programs under the 
jurisdiction of the Interior and Environment Subcommittee. This is a 
modest increase of about 4\1/2\ percent over the 2008 funding level. 
These funds are critically needed to support the core activities of 
agencies which serve every American family and which benefit the 
taxpayers of this country. These agencies include the National Park 
Service, the U.S. Wildlife Refuge System, and the National Forest 
system. These land management agencies manage more than 600 million 
acres of publicly owned land and host more than 200 million visitors 
every year. The bill also funds the Indian Health Service and the 
Bureau of Indian Affairs which provide education, law enforcement, and 
health services for 4 million Native Americans. It includes the money 
to support the staff of the Department of the Interior which develops 
the off-shore and land-based energy resources of this

[[Page 5599]]

country. These energy related programs generate over $20 billion of 
revenue for the Federal treasury every year. It includes money for the 
EPA to support environmental protection activities in every 
congressional district affecting every single American family.
  Mr. Speaker, I want to specifically address the question raised 
earlier as to why we need this Omnibus bill when we have just provided 
$11 billion for these agencies in the American Recovery and 
Reinvestment Act signed last week. The basic answer is that the 
stimulus legislation provides funding for infrastructure projects at 
these agencies, in particular funding to address the long-standing and 
well documented maintenance backlogs. The Omnibus bill we are 
considering today supports the operational costs of these agencies.
  The Recovery bill pays to repair Indian schools. This bill pays for 
the teachers.
  The Recovery provides funds to fix dilapidated Indian hospitals and 
clinics and allow purchase of critically needed medical equipment. The 
Omnibus pays for the doctors, dentists, and nurses.
  The Recovery bill will improve the roads, bridges, trails, and 
visitor services facilities of our parks, refuges, and forests. The 
Omnibus bill pays for the park rangers who provide visitor services and 
for the law enforcement rangers who protect those visitors.
  The Recovery bill will repair, rehabilitate and build new water and 
sewer systems in over 500 communities. The Omnibus bill includes 
funding to support efforts to protect public health by enforcing laws 
and regulation to ensure our air is fresh, our water is safe, and that 
our families are not exposed to dangerous toxic wastes.
  The Recovery bill will pay to improve border security by installing 
surveillance equipment and allowing purchase of better equipment for 
law enforcement personnel. But it is the Omnibus bill which pays for 
the refuge and park personnel who patrol the border areas which are 
overwhelmed by drug dealers and undocumented aliens. I toured this area 
last weekend on a Committee field visit and I can tell you these brave 
rangers and other law enforcement personnel face danger every day and 
desperately need the funding in this bill.
  Mr. Speaker, a full-year Continuing Resolution will not adequately 
fund the operational costs of these agencies. Fixed costs average a 
little over 5 percent this year. If Congress simply extends the 
Continuing Resolution, agencies already suffering serious staffing 
shortfalls will have to further reduce staff. The Park Service will 
lose $161 million. The wildlife refuges will lose $29 million. The 
Bureau of Indian Affairs and the Indian Health Service will lose $320 
million. These cuts will have very serious consequences.
  Let me give one very straightforward example of the impact of a full 
year Continuing Resolution. The Indian Health Service estimates that if 
they are forced to operate for the rest of the year under the 
Continuing Resolution that they will provide 2,800 fewer hospital 
admissions and 400,000 fewer outpatient visits. Screening for diabetes, 
cancer and other life threatening diseases will also be significantly 
reduced. These are very serious consequences.
  Mr. Speaker, this bill we are considering today includes a very 
modest increase of 4.8 percent over the 2008 level for Interior and 
Environment programs. The recommendations have been developed through a 
fully bipartisan process. I urge adoption of the bill.
  Mr. SESSIONS. Mr. Speaker, at this time I would like to yield 1 
minute to the distinguished gentleman from Indiana.
  Mr. BURTON of Indiana. I thank the gentleman for yielding.
  Mr. Speaker, last night here in the well, the President said that 
there were no pork barrel projects in this bill, and now we find out 
there are over 9,000 pork barrel projects. Some people in the other 
Chamber said that the American people don't care about those pork 
barrel projects. I think they do.
  And I think the American people care about our kids. We are stealing 
from our children and future generations. And let me just tell you why 
I say that.
  We spent $700 billion in the TARP bill. We don't even know where half 
of that money went, $350 billion. We spent $14 billion on the auto 
industry. That's just the beginning. And there wasn't even a plan. If 
there had been a plan, it would have been a different situation. We 
spent $787 billion plus interest, which is going to take it over $1 
trillion, on the stimulus bill, and we don't know if that's going to 
work. And we have got these 9,000 pork barrel projects that are in this 
bill, which is $408 billion. You add all that up plus the national 
health care, which the President said we are going to have to have here 
very quickly, and you don't have any idea how much money we're talking 
about. Mr. Geithner said $2 trillion is going to go in to help bail out 
the financial institutions. You add all of that up and it is an 
astronomical amount of printing of money and borrowing of money, and we 
don't have it. And we're borrowing from our kids and future 
generations.
  And then on top of that, the President said he was going to cut the 
deficit in half in 4 years. That is not possible. It is just not 
possible. And I just hope the American people are paying attention, Mr. 
Speaker, because we're playing with funny money in this place and we're 
hurting the future generations of this country.
  Mr. McGOVERN. Mr. Speaker, I yield 2 minutes to the distinguished 
gentleman from Oregon (Mr. Blumenauer).
  Mr. BLUMENAUER. I appreciate the gentleman's courtesy.
  Listening to my friend from Indiana talking about funny money and 
fiscal responsibility, well, you know, we didn't hear that from you 
when those on the other side ran the economy into the ditch for the 
last 8 years, turning a $5 trillion surplus into a massive budget 
deficit. If he would have listened to the President last night, he 
would have heard that the President said the economic recovery package 
had no earmarks. Now, even though this Omnibus has one-fourth of the 
earmarks that the previous Republican crew had when they ran the place, 
the President wasn't talking about today's bill. He was talking about 
the economic stimulus.
  I appreciate the hard work of the committee in bringing this forward. 
As we know, this work was largely done last year but we had a President 
that was running out the clock. He wouldn't work with the committee to 
deal with then what our established budget resolution was. He wanted 
more Draconian cuts. The committee wisely sidestepped that, moved 
forward with a new Congress and a new administration. This $410 billion 
package works in harmony with the economic recovery package, and I am 
pleased that it refocuses on the pieces that matter.
  I have got a little provision in here that makes a difference for my 
community, a broadly supported effort for $45 million to revitalize our 
community with a Portland streetcar, something that's gaining attention 
across the country. People look at this as an opportunity to rebuild 
and renew, create jobs, revitalize community. It also contains 
important funding provisions for Public Broadcasting that will allow 
our hometowns to continue to invest in quality, commercial-free, 
educational, and cultural programming. It continues the investment in 
renewable energy.
  I would like to conclude by paying special tribute to the committee 
and especially Chairwoman Lowey for her success in raising the profile 
and investment in international clean water and sanitation.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. McGOVERN. I yield the gentleman 30 seconds.
  Mr. BLUMENAUER. Mr. Speaker, we came together with bipartisan 
legislation in 2005, the Water for the Poor Act, but Congress didn't 
put any significant money in it. There was less than $10 million for 
all of Sub-Saharan Africa. This year there is $300 million to implement 
the Water for the Poor Act, and a significant investment in Sub-Saharan 
Africa. It's going to mean that hundreds of thousands of lives are 
going to be saved and the United States is going to be regarded 
differently around the world.
  Simple, common sense, should have been done years ago, is going to be 
done now, and I appreciate the committee's hard work.
  Mr. SESSIONS. Mr. Speaker, I yield myself the balance of my time.
  The bill that we are talking about, again, is a large bill, $400 
billion worth of spending, very few committee markups, committee 
hearings. We heard that they could not negotiate with the President 
because they didn't want to have to make tough decisions to fit within 
a box the package that would

[[Page 5600]]

be, I think, best for the American people, $400 billion more worth of 
spending.
  Borrowed money is difficult for the United States, and it's my hope 
that sometime during this process that my friends the Democrats are 
going through that they will recognize that borrowing money is a sad 
way to run the business.
  Mr. McGOVERN. Mr. Speaker, I yield myself the balance of my time.
  Let me begin by thanking Chairman Obey and the members of the 
Appropriations Committee on both sides of the aisle and their staff for 
their tireless efforts in trying to put together a bill that will help 
the American people.
  I urge my colleagues to support the underlying bill. This is, as I 
said earlier, a completion of last year's work. Unfortunately, the 
White House refused to negotiate with the Congress. They showed an 
incredible amount of disrespect and indifference to what congressional 
leaders of both parties had to say, and it was their way or the 
highway, and so here we are. We're trying to wrap up last year's work 
in a way that will help the American people.
  My colleague from Texas talks about that we should have a freeze on 
all spending. Well, given this economy, that kind of a policy would 
leave a lot of people in the cold. It will take some government 
investment to get us out of this ditch that we're in. And no matter how 
you want to look at it, the graphs and the charts are all the same, 
that these last 8 years this administration's policies, with the help 
of a lot of my friends on the other side of the aisle when they were in 
charge of Congress, have driven this economy into a ditch, and we need 
to get out of this ditch.
  Mr. Speaker, I should also tell my colleagues that this rule also 
prevents Members of Congress from receiving a pay raise, and every 
Member of this House has the opportunity to vote up or down on this 
rule. And a vote against this rule and I would say a vote against the 
bill is a vote for the congressional pay raise. So if you have said 
publicly that you oppose the congressional pay raise, that you would 
vote against an increase in your salary if you could, well, here's your 
chance. If you vote ``no'' on the rule and you vote ``no'' on the 
underlying bill, then you are voting to increase your pay. I think 
during these difficult economic times, that's the least this Congress 
can do, and I would urge a ``yes'' vote on the previous question and on 
the rule.
  Mr. Speaker, I yield back the balance of my time, and I move the 
previous question on the resolution.
  The SPEAKER pro tempore. The question is on ordering the previous 
question.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. SESSIONS. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair 
will reduce to 5 minutes the minimum time for any electronic vote on 
the question of adoption of the resolution.
  The vote was taken by electronic device, and there were--yeas 393, 
nays 25, not voting 13, as follows:

                             [Roll No. 84]

                               YEAS--393

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrow
     Bartlett
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boccieri
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Bright
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cantor
     Cao
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Carter
     Castle
     Castor (FL)
     Chaffetz
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Coble
     Coffman (CO)
     Cohen
     Cole
     Conaway
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Culberson
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (KY)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Fallin
     Farr
     Fattah
     Filner
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Frelinghuysen
     Fudge
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey (GA)
     Gohmert
     Gonzalez
     Goodlatte
     Gordon (TN)
     Granger
     Graves
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Guthrie
     Gutierrez
     Hall (NY)
     Hall (TX)
     Halvorson
     Hare
     Harman
     Harper
     Hastings (FL)
     Hastings (WA)
     Heinrich
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     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 (NY)
     Kingston
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Lance
     Langevin
     Larsen (WA)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, George
     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)
     Paulsen
     Payne
     Pence
     Perlmutter
     Peters
     Petri
     Pingree (ME)
     Pitts
     Polis (CO)
     Pomeroy
     Posey
     Price (NC)
     Putnam
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schmidt
     Schock
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Speier
     Spratt
     Stearns
     Sullivan
     Sutton
     Tanner
     Tauscher
     Teague
     Terry
     Thompson (CA)
     Thompson (MS)
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Turner
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden
     Walz
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (FL)

                                NAYS--25

     Boren
     Broun (GA)
     Burgess
     Costello
     Deal (GA)
     Ehlers
     Flake
     Franks (AZ)
     Jordan (OH)
     King (IA)
     Kucinich
     Lamborn
     Minnick
     Paul
     Peterson
     Poe (TX)
     Price (GA)
     Rohrabacher
     Scalise
     Simpson
     Smith (NJ)
     Stupak
     Taylor
     Westmoreland
     Young (AK)

                             NOT VOTING--13

     Barrett (SC)
     Butterfield
     Campbell
     Cassidy
     Clyburn
     Davis (IL)
     Hoyer
     Larson (CT)
     Miller, Gary
     Perriello
     Platts
     Rush
     Stark

                              {time}  1352

  Messrs. PETERSON, BOREN and FLAKE changed their vote from ``yea'' to 
``nay.''
  Messrs. CALVERT, TERRY, AKIN, LANCE, CUELLAR, BARTON of Texas, 
INGLIS, CULBERSON and THOMPSON of Pennsylvania changed their vote from 
``nay'' to ``yea.''
  So the previous question was ordered.
  The result of the vote was announced as above recorded.

[[Page 5601]]

  The SPEAKER pro tempore. The question is on the resolution.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. McGOVERN. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 398, 
nays 24, not voting 9, as follows:

                             [Roll No. 85]

                               YEAS--398

     Abercrombie
     Ackerman
     Aderholt
     Adler (NJ)
     Akin
     Alexander
     Altmire
     Andrews
     Arcuri
     Austria
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     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
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Cantor
     Cao
     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 (KY)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Dreier
     Driehaus
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Fallin
     Farr
     Fattah
     Filner
     Fleming
     Forbes
     Fortenberry
     Foster
     Foxx
     Frank (MA)
     Frelinghuysen
     Fudge
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     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
     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 (NY)
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kline (MN)
     Kosmas
     Kratovil
     Lance
     Langevin
     Larsen (WA)
     Latham
     LaTourette
     Latta
     Lee (CA)
     Lee (NY)
     Levin
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Mack
     Maffei
     Maloney
     Manzullo
     Marchant
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul
     McClintock
     McCollum
     McCotter
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMahon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, 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)
     Paulsen
     Payne
     Pence
     Perlmutter
     Peters
     Peterson
     Petri
     Pingree (ME)
     Pitts
     Poe (TX)
     Polis (CO)
     Pomeroy
     Posey
     Price (NC)
     Putnam
     Radanovich
     Rahall
     Rangel
     Rehberg
     Reichert
     Reyes
     Richardson
     Rodriguez
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Rothman (NJ)
     Roybal-Allard
     Royce
     Ruppersberger
     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
     Shuster
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Speier
     Spratt
     Stearns
     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
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Whitfield
     Wilson (OH)
     Wilson (SC)
     Wittman
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                                NAYS--24

     Barton (TX)
     Blunt
     Broun (GA)
     Burgess
     Deal (GA)
     Ehlers
     Flake
     Franks (AZ)
     Gingrey (GA)
     Issa
     Jordan (OH)
     King (IA)
     Kingston
     Kucinich
     Lamborn
     Lewis (CA)
     Paul
     Price (GA)
     Rohrabacher
     Shuler
     Simpson
     Smith (NJ)
     Stupak
     Westmoreland

                             NOT VOTING--9

     Campbell
     Cassidy
     Davis (IL)
     Larson (CT)
     Miller, Gary
     Perriello
     Platts
     Rush
     Stark


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Members are advised there 
are less than 2 minutes remaining in this vote.

                              {time}  1409

  Mr. BURGESS changed his vote from ``yea'' to ``nay.''
  So the resolution was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________




           APPOINTMENT TO BOARD OF TRUSTEES OF KENNEDY CENTER

  The SPEAKER pro tempore (Mr. Holden). Pursuant to section 2(a) of the 
National Cultural Center Act (20 U.S.C. 76h(a)), amended by Public Law 
107-117, and the order of the House of January 6, 2009, the Chair 
announces the Speaker's appointment of the following Members of the 
House to the Board of Trustees of the John F. Kennedy Center for the 
Performing Arts:
  Mr. Kennedy, Rhode Island
  Ms. DeLauro, Connecticut
  Mr. Blunt, Missouri

                          ____________________




                    OMNIBUS APPROPRIATIONS ACT, 2009

  Mr. OBEY. Mr. Speaker, pursuant to House Resolution 184, I call up 
the bill (H.R. 1105) making omnibus appropriations for the fiscal year 
ending September 30, 2009, and for other purposes, and ask for its 
immediate consideration.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Pursuant to House Resolution 184, the 
amendment printed in House Report 111-20 is adopted and the bill, as 
amended, is considered read.
  The text of the bill, as amended, is as follows:

                               H.R. 1105

       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 ``Omnibus Appropriations Act, 
     2009''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.

       DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 
     ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009

Title I--Agricultural Programs
Title II--Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agency and Food and Drug Administration
Title VII--General Provisions

     DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2009

Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related Agencies
Title V--General Provisions

     DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2009

Title I--Department of Defense--Civil: Department of the Army
Title II--Department of the Interior
Title III--Department of Energy

[[Page 5602]]

Title IV--Independent Agencies
Title V--General Provisions

 DIVISION D--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS 
                               ACT, 2009

Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to 
              the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent Agencies
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
Title VIII--General Provisions--District of Columbia

   DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 2009

Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related Agencies
Title IV--General Provisions

   DIVISION F--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND 
        EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009

Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
Title VI--Afghan Allies Protection Act of 2009

        DIVISION G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2009

Title I--Legislative Branch Appropriations
Title II--General Provisions

   DIVISION H--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED 
                   PROGRAMS APPROPRIATIONS ACT, 2009

Title I--Department of State and Related Agency
Title II--United States Agency for International Development
Title III--Bilateral Economic Assistance
Title IV--International Security Assistance
Title V--Multilateral Assistance
Title VI--Export and Investment Assistance
Title VII--General Provisions

DIVISION I--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 2009

Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions This Act

 DIVISION J--FURTHER PROVISIONS RELATING TO THE DEPARTMENT OF HOMELAND 
                       SECURITY AND OTHER MATTERS

     SEC. 3. REFERENCES.

       Except as expressly provided otherwise, any reference to 
     ``this Act'' contained in any division of this Act shall be 
     treated as referring only to the provisions of that division.

     SEC. 4. EXPLANATORY STATEMENT.

       The explanatory statement regarding this Act printed in the 
     House of Representatives section of the Congressional Record 
     on or about February 23, 2009 by the Chairman of the 
     Committee on Appropriations of the House shall have the same 
     effect with respect to the allocation of funds and 
     implementation of this Act as if it were a joint explanatory 
     statement of a committee of conference.

     SEC. 5. STATEMENT OF APPROPRIATIONS.

       The following sums in this Act are appropriated, out of any 
     money in the Treasury not otherwise appropriated, for the 
     fiscal year ending September 30, 2009.

       DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 
     ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009

                                TITLE I

                         AGRICULTURAL PROGRAMS

                  Production, Processing and Marketing

                        Office of the Secretary

       For necessary expenses of the Office of the Secretary of 
     Agriculture, $5,174,000: Provided, That not to exceed $11,000 
     of this amount shall be available for official reception and 
     representation expenses, not otherwise provided for, as 
     determined by the Secretary.

                          Executive Operations


                     office of the chief economist

       For necessary expenses of the Office of the Chief 
     Economist, $10,651,000.


                       national appeals division

       For necessary expenses of the National Appeals Division, 
     $14,711,000.

                 office of budget and program analysis

       For necessary expenses of the Office of Budget and Program 
     Analysis, $9,054,000.


                      office of homeland Security

       For necessary expenses of the Office of Homeland Security, 
     $974,000.

                Office of the Chief Information Officer

       For necessary expenses of the Office of the Chief 
     Information Officer, $17,527,000.

                 Office of the Chief Financial Officer

       For necessary expenses of the Office of the Chief Financial 
     Officer, $5,954,000: Provided, That no funds made available 
     by this appropriation may be obligated for FAIR Act or 
     Circular A-76 activities until the Secretary has submitted to 
     the Committees on Appropriations of both Houses of Congress 
     and the Committee on Oversight and Government Reform of the 
     House of Representatives a report on the Department's 
     contracting out policies, including agency budgets for 
     contracting out.

           Office of the Assistant Secretary for Civil Rights

       For necessary expenses of the Office of the Assistant 
     Secretary for Civil Rights, $871,000.

                         Office of Civil Rights

       For necessary expenses of the Office of Civil Rights, 
     $21,551,000.

          Office of the Assistant Secretary for Administration

       For necessary expenses of the Office of the Assistant 
     Secretary for Administration, $687,000.

        Agriculture Buildings and Facilities and Rental Payments


                     (including transfers of funds)

       For payment of space rental and related costs pursuant to 
     Public Law 92-313, including authorities pursuant to the 1984 
     delegation of authority from the Administrator of General 
     Services to the Department of Agriculture under 40 U.S.C. 
     486, for programs and activities of the Department which are 
     included in this Act, and for alterations and other actions 
     needed for the Department and its agencies to consolidate 
     unneeded space into configurations suitable for release to 
     the Administrator of General Services, and for the operation, 
     maintenance, improvement, and repair of Agriculture buildings 
     and facilities, and for related costs, $244,244,000, to 
     remain available until expended, of which $168,901,000 shall 
     be available for payments to the General Services 
     Administration for rent; of which $13,500,000 for payment to 
     the Department of Homeland Security for building security 
     activities; and of which $61,843,000 for buildings operations 
     and maintenance expenses: Provided, That the Secretary is 
     authorized to transfer funds from a Departmental agency to 
     this account to recover the full cost of the space and 
     security expenses of that agency that are funded by this 
     account when the actual costs exceed the agency estimate 
     which will be available for the activities and payments 
     described herein.

                     Hazardous Materials Management


                     (including transfers of funds)

       For necessary expenses of the Department of Agriculture, to 
     comply with the Comprehensive Environmental Response, 
     Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and 
     the Resource Conservation and Recovery Act (42 U.S.C. 6901 et 
     seq.), $5,100,000, to remain available until expended: 
     Provided, That appropriations and funds available herein to 
     the Department for Hazardous Materials Management may be 
     transferred to any agency of the Department for its use in 
     meeting all requirements pursuant to the above Acts on 
     Federal and non-Federal lands.

                      Departmental Administration


                     (including transfers of funds)

       For Departmental Administration, $27,011,000, to provide 
     for necessary expenses for management support services to 
     offices of the Department and for general administration, 
     security, repairs and alterations, and other miscellaneous 
     supplies and expenses not otherwise provided for and 
     necessary for the practical and efficient work of the 
     Department: Provided, That this appropriation shall be 
     reimbursed from applicable appropriations in this Act for 
     travel expenses incident to the holding of hearings as 
     required by 5 U.S.C. 551-558.

     Office of the Assistant Secretary for Congressional Relations


                     (including transfers of funds)

       For necessary expenses of the Office of the Assistant 
     Secretary for Congressional Relations to carry out the 
     programs funded by this Act, including programs involving 
     intergovernmental affairs and liaison within the executive 
     branch, $3,877,000: Provided, That these funds may be 
     transferred to agencies of the Department of Agriculture 
     funded by this Act to maintain personnel at the agency level: 
     Provided further, That no funds made available by this 
     appropriation may be obligated after 30 days from the date of 
     enactment of this Act, unless the Secretary has notified the 
     Committees on Appropriations of both Houses of Congress on 
     the allocation of these funds by USDA agency: Provided 
     further, That no other funds appropriated to the Department 
     by this Act shall be available to the Department for support 
     of activities of congressional relations.

                        Office of Communications

       For necessary expenses of the Office of Communications, 
     $9,514,000.

                      Office of Inspector General

       For necessary expenses of the Office of Inspector General, 
     including employment pursuant to the Inspector General Act of 
     1978, $85,766,000, including such sums as may be necessary 
     for contracting and other arrangements with public agencies 
     and private persons pursuant to section 6(a)(9) of the 
     Inspector General Act of 1978, and including not to

[[Page 5603]]

     exceed $125,000 for certain confidential operational 
     expenses, including the payment of informants, to be expended 
     under the direction of the Inspector General pursuant to 
     Public Law 95-452 and section 1337 of Public Law 97-98.

                     Office of the General Counsel

       For necessary expenses of the Office of the General 
     Counsel, $41,620,000.

  Office of the Under Secretary for Research, Education and Economics

       For necessary expenses of the Office of the Under Secretary 
     for Research, Education and Economics, $609,000.

                       Economic Research Service

       For necessary expenses of the Economic Research Service, 
     $79,500,000.

                National Agricultural Statistics Service

       For necessary expenses of the National Agricultural 
     Statistics Service, $151,565,000, of which up to $37,265,000 
     shall be available until expended for the Census of 
     Agriculture.

                     Agricultural Research Service


                         salaries and expenses

       For necessary expenses of the Agricultural Research Service 
     and for acquisition of lands by donation, exchange, or 
     purchase at a nominal cost not to exceed $100, and for land 
     exchanges where the lands exchanged shall be of equal value 
     or shall be equalized by a payment of money to the grantor 
     which shall not exceed 25 percent of the total value of the 
     land or interests transferred out of Federal ownership, 
     $1,140,406,000, of which $112,571,000 shall be for the 
     purposes, and in the amounts, specified in the table titled 
     ``Agricultural Research Service, Salaries and Expenses, 
     Congressionally-designated Projects'' in the explanatory 
     statement described in section 4 (in the matter preceding 
     division A of this consolidated Act): Provided, That 
     appropriations hereunder shall be available for the operation 
     and maintenance of aircraft and the purchase of not to exceed 
     one for replacement only: Provided further, That 
     appropriations hereunder shall be available pursuant to 7 
     U.S.C. 2250 for the construction, alteration, and repair of 
     buildings and improvements, but unless otherwise provided, 
     the cost of constructing any one building shall not exceed 
     $375,000, except for headhouses or greenhouses which shall 
     each be limited to $1,200,000, and except for 10 buildings to 
     be constructed or improved at a cost not to exceed $750,000 
     each, and the cost of altering any one building during the 
     fiscal year shall not exceed 10 percent of the current 
     replacement value of the building or $375,000, whichever is 
     greater: Provided further, That the limitations on 
     alterations contained in this Act shall not apply to 
     modernization or replacement of existing facilities at 
     Beltsville, Maryland: Provided further, That appropriations 
     hereunder shall be available for granting easements at the 
     Beltsville Agricultural Research Center: Provided further, 
     That the foregoing limitations shall not apply to replacement 
     of buildings needed to carry out the Act of April 24, 1948 
     (21 U.S.C. 113a): Provided further, That funds may be 
     received from any State, other political subdivision, 
     organization, or individual for the purpose of establishing 
     or operating any research facility or research project of the 
     Agricultural Research Service, as authorized by law.


                        buildings and facilities

       For acquisition of land, construction, repair, improvement, 
     extension, alteration, and purchase of fixed equipment or 
     facilities as necessary to carry out the agricultural 
     research programs of the Department of Agriculture, where not 
     otherwise provided, $46,752,000, of which $46,752,000 shall 
     be for the purposes, and in the amounts, specified in the 
     table titled ``Agricultural Research Service, Buildings and 
     Facilities Congressionally-designated Projects'' in the 
     explanatory statement described in section 4 (in the matter 
     preceding division A of this consolidated Act), to remain 
     available until expended.

      Cooperative State Research, Education, and Extension Service


                   research and education activities

       For payments to agricultural experiment stations, for 
     cooperative forestry and other research, for facilities, and 
     for other expenses, $691,043,000, of which $113,275,000 shall 
     be for the purposes, and in the amounts, specified in the 
     table titled ``Cooperative State Research, Education, and 
     Extension Service, Research and Education Activities, 
     Congressionally-designated Projects'' in the explanatory 
     statement described in section 4 (in the matter preceding 
     division A of this consolidated Act), as follows: to carry 
     out the provisions of the Hatch Act of 1887 (7 U.S.C. 361a-
     i), $207,106,000; for grants for cooperative forestry 
     research (16 U.S.C. 582a through a-7), $27,535,000; for 
     payments to eligible institutions (7 U.S.C. 3222), 
     $45,504,000, provided that each institution receives no less 
     than $1,000,000; for special grants (7 U.S.C. 450i(c)), 
     $84,499,000; for competitive grants on improved pest control 
     (7 U.S.C. 450i(c)), $15,945,000; for competitive grants (7 
     U.S.C. 450(i)(b)), $201,504,000, to remain available until 
     expended; for the support of animal health and disease 
     programs (7 U.S.C. 3195), $2,950,000; for supplemental and 
     alternative crops and products (7 U.S.C. 3319d), $819,000; 
     for grants for research pursuant to the Critical Agricultural 
     Materials Act (7 U.S.C. 178 et seq.), $1,083,000, to remain 
     available until expended; for the 1994 research grants 
     program for 1994 institutions pursuant to section 536 of 
     Public Law 103-382 (7 U.S.C. 301 note), $1,610,000, to remain 
     available until expended; for rangeland research grants (7 
     U.S.C. 3333), $983,000; for higher education graduate 
     fellowship grants (7 U.S.C. 3152(b)(6)), $3,859,000, to 
     remain available until expended (7 U.S.C. 2209b); for a 
     program pursuant to section 1415A of the National 
     Agricultural Research, Extension, and Teaching Policy Act of 
     1977 (7 U.S.C. 3151a), $2,950,000, to remain available until 
     expended; for higher education challenge grants (7 U.S.C. 
     3152(b)(1)), $5,654,000; for a higher education multicultural 
     scholars program (7 U.S.C. 3152(b)(5)), $981,000, to remain 
     available until expended (7 U.S.C. 2209b); for an education 
     grants program for Hispanic-serving Institutions (7 U.S.C. 
     3241), $6,237,000; for competitive grants for the purpose of 
     carrying out all provisions of 7 U.S.C. 3156 to individual 
     eligible institutions or consortia of eligible institutions 
     in Alaska and in Hawaii, with funds awarded equally to each 
     of the States of Alaska and Hawaii, $3,196,000; for a 
     secondary agriculture education program and 2-year post-
     secondary education (7 U.S.C. 3152(j)), $983,000; for 
     aquaculture grants (7 U.S.C. 3322), $3,928,000; for 
     sustainable agriculture research and education (7 U.S.C. 
     5811), $14,399,000; for a program of capacity building grants 
     (7 U.S.C. 3152(b)(4)) to institutions eligible to receive 
     funds under 7 U.S.C. 3221 and 3222, $15,000,000, to remain 
     available until expended (7 U.S.C. 2209b); for payments to 
     the 1994 Institutions pursuant to section 534(a)(1) of Public 
     Law 103-382, $3,342,000; for resident instruction grants for 
     insular areas under section 1491 of the National Agricultural 
     Research, Extension, and Teaching Policy Act of 1977 (7 
     U.S.C. 3363), $800,000; for a new era rural technology 
     program pursuant to section 1473E of the National 
     Agricultural Research, Extension, and Teaching Act of 1977 (7 
     U.S.C. 3319e), $750,000; and for necessary expenses of 
     Research and Education Activities, $39,426,000, of which 
     $2,704,000 for the Research, Education, and Economics 
     Information System and $2,136,000 for the Electronic Grants 
     Information System, are to remain available until expended.


              native american institutions endowment fund

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


                          extension activities

       For payments to States, the District of Columbia, Puerto 
     Rico, Guam, the Virgin Islands, Micronesia, the Northern 
     Marianas, and American Samoa, $474,250,000, of which 
     $9,388,000 shall be for the purposes, and in the amounts, 
     specified in the table titled ``Cooperative State Research, 
     Education, and Extension Service, Extension Activities, 
     Congressionally-designated Projects'' in the explanatory 
     statement described in section 4 (in the matter preceding 
     division A of this consolidated Act), as follows: payments 
     for cooperative extension work under the Smith-Lever Act, to 
     be distributed under sections 3(b) and 3(c) of said Act, and 
     under section 208(c) of Public Law 93-471, for retirement and 
     employees' compensation costs for extension agents, 
     $288,548,000; payments for extension work at the 1994 
     Institutions under the Smith-Lever Act (7 U.S.C. 343(b)(3)), 
     $3,321,000; payments for the nutrition and family education 
     program for low-income areas under section 3(d) of the Act, 
     $66,155,000; payments for the pest management program under 
     section 3(d) of the Act, $9,791,000; payments for the farm 
     safety program under section 3(d) of the Act, $4,863,000; 
     payments for New Technologies for Ag Extension under section 
     3(d) of the Act, $1,500,000; payments to upgrade research, 
     extension, and teaching facilities at institutions eligible 
     to receive funds under 7 U.S.C. 3221 and 3222, $18,000,000, 
     to remain available until expended; payments for youth-at-
     risk programs under section 3(d) of the Smith-Lever Act, 
     $8,182,000; for youth farm safety education and certification 
     extension grants, to be awarded competitively under section 
     3(d) of the Act, $479,000; payments for carrying out the 
     provisions of the Renewable Resources Extension Act of 1978 
     (16 U.S.C. 1671 et seq.), $4,008,000; payments for the 
     federally-recognized Tribes Extension Program under section 
     3(d) of the Smith-Lever Act, $3,000,000; payments for 
     sustainable agriculture programs under section 3(d) of the 
     Act, $4,568,000; payments for rural health and safety 
     education as authorized by section 502(i) of Public Law 92-
     419 (7 U.S.C. 2662(i)), $1,738,000; payments for cooperative 
     extension work by eligible institutions (7 U.S.C. 3221), 
     $40,150,000, provided that each institution receives no less 
     than $1,000,000; for grants to youth organizations pursuant 
     to 7 U.S.C. 7630, $1,767,000; payments to carry out the food 
     animal residue avoidance database program as authorized by 7 
     U.S.C. 7642, $806,000; and for necessary expenses of 
     Extension Activities, $17,374,000.


                         integrated activities

       For the integrated research, education, and extension 
     grants programs, including necessary administrative expenses, 
     $56,864,000, as follows: for competitive grants

[[Page 5604]]

     programs authorized under section 406 of the Agricultural 
     Research, Extension, and Education Reform Act of 1998 (7 
     U.S.C. 7626), $41,990,000, including $12,649,000 for the 
     water quality program, $14,596,000 for the food safety 
     program, $4,096,000 for the regional pest management centers 
     program, $4,388,000 for the Food Quality Protection Act risk 
     mitigation program for major food crop systems, $1,365,000 
     for the crops affected by Food Quality Protection Act 
     implementation, $3,054,000 for the methyl bromide transition 
     program, and $1,842,000 for the organic transition program; 
     for a competitive international science and education grants 
     program authorized under section 1459A of the National 
     Agricultural Research, Extension, and Teaching Policy Act of 
     1977 (7 U.S.C. 3292b), to remain available until expended, 
     $3,000,000; for grants programs authorized under section 
     2(c)(1)(B) of Public Law 89-106, as amended, $732,000, to 
     remain available until September 30, 2010, for the critical 
     issues program; $1,312,000 for the regional rural development 
     centers program; and $9,830,000 for the Food and Agriculture 
     Defense Initiative authorized under section 1484 of the 
     National Agricultural Research, Extension, and Teaching Act 
     of 1977, to remain available until September 30, 2010.

  Office of the Under Secretary for Marketing and Regulatory Programs

       For necessary expenses of the Office of the Under Secretary 
     for Marketing and Regulatory Programs, $737,000.

               Animal and Plant Health Inspection Service

                         salaries and expenses


                     (including transfers of funds)

       For necessary expenses of the Animal and Plant Health 
     Inspection Service, including up to $30,000 for 
     representation allowances and for expenses pursuant to the 
     Foreign Service Act of 1980 (22 U.S.C. 4085), $876,675,000, 
     of which $23,494,000 shall be for the purposes, and in the 
     amounts, specified in the table titled ``Animal and Plant 
     Health Inspection Service, Congressionally-designated 
     Projects'' in the explanatory statement described in section 
     4 (in the matter preceding division A of this consolidated 
     Act), of which $2,025,000 shall be available for the control 
     of outbreaks of insects, plant diseases, animal diseases and 
     for control of pest animals and birds to the extent necessary 
     to meet emergency conditions; of which $29,590,000 shall be 
     used for the cotton pests program for cost share purposes or 
     for debt retirement for active eradication zones; of which 
     $14,500,000 shall be for a National Animal Identification 
     program, of which $3,500,000 is for information technology 
     infrastructure and services, and $9,395,000 is for field 
     implementation, and $1,605,000 is for program administration; 
     of which $60,594,000 shall be used to prevent and control 
     avian influenza and shall remain available until expended; of 
     which $1,015,000 of the plum pox program shall remain 
     available until September 30, 2010: Provided, That funds 
     provided for the contingency fund to meet emergency 
     conditions, information technology infrastructure, fruit fly 
     program, emerging plant pests, cotton pests program, 
     grasshopper and mormon cricket program, the National 
     Veterinary Stockpile, up to $12,895,000 in animal health 
     monitoring and surveillance for the animal identification 
     system, up to $1,500,000 in the scrapie program for 
     indemnities, up to $1,000,000 for wildlife services methods 
     development, up to $1,000,000 of the wildlife services 
     operations program for aviation safety, and up to 25 percent 
     of the screwworm program shall remain available until 
     expended: Provided further, That no funds shall be used to 
     formulate or administer a brucellosis eradication program for 
     the current fiscal year that does not require minimum 
     matching by the States of at least 40 percent: Provided 
     further, That this appropriation shall be available for the 
     operation and maintenance of aircraft and the purchase of not 
     to exceed four, of which two shall be for replacement only: 
     Provided further, That, in addition, in emergencies which 
     threaten any segment of the agricultural production industry 
     of this country, the Secretary may transfer from other 
     appropriations or funds available to the agencies or 
     corporations of the Department such sums as may be deemed 
     necessary, to be available only in such emergencies for the 
     arrest and eradication of contagious or infectious disease or 
     pests of animals, poultry, or plants, and for expenses in 
     accordance with sections 10411 and 10417 of the Animal Health 
     Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and 
     442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and 
     any unexpended balances of funds transferred for such 
     emergency purposes in the preceding fiscal year shall be 
     merged with such transferred amounts: Provided further, That 
     appropriations hereunder shall be available pursuant to law 
     (7 U.S.C. 2250) for the repair and alteration of leased 
     buildings and improvements, but unless otherwise provided the 
     cost of altering any one building during the fiscal year 
     shall not exceed 10 percent of the current replacement value 
     of the building.
       In fiscal year 2009, the agency is authorized to collect 
     fees to cover the total costs of providing technical 
     assistance, goods, or services requested by States, other 
     political subdivisions, domestic and international 
     organizations, foreign governments, or individuals, provided 
     that such fees are structured such that any entity's 
     liability for such fees is reasonably based on the technical 
     assistance, goods, or services provided to the entity by the 
     agency, and such fees shall be credited to this account, to 
     remain available until expended, without further 
     appropriation, for providing such assistance, goods, or 
     services.


                        BUILDINGS AND FACILITIES

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

                     Agricultural Marketing Service

                           marketing services

       For necessary expenses of the Agricultural Marketing 
     Service, $86,711,000: Provided, That this appropriation shall 
     be available pursuant to law (7 U.S.C. 2250) for the 
     alteration and repair of buildings and improvements, but the 
     cost of altering any one building during the fiscal year 
     shall not exceed 10 percent of the current replacement value 
     of the building.
       Fees may be collected for the cost of standardization 
     activities, as established by regulation pursuant to law (31 
     U.S.C. 9701).


                 limitation on administrative expenses

       Not to exceed $62,888,000 (from fees collected) shall be 
     obligated during the current fiscal year for administrative 
     expenses: Provided, That if crop size is understated and/or 
     other uncontrollable events occur, the agency may exceed this 
     limitation by up to 10 percent with notification to the 
     Committees on Appropriations of both Houses of Congress.


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

                     (including transfers of funds)

       Funds available under section 32 of the Act of August 24, 
     1935 (7 U.S.C. 612c), shall be used only for commodity 
     program expenses as authorized therein, and other related 
     operating expenses, including not less than $10,000,000 for 
     replacement of a system to support commodity purchases, 
     except for: (1) transfers to the Department of Commerce as 
     authorized by the Fish and Wildlife Act of August 8, 1956; 
     (2) transfers otherwise provided in this Act; and (3) not 
     more than $17,270,000 for formulation and administration of 
     marketing agreements and orders pursuant to the Agricultural 
     Marketing Agreement Act of 1937 and the Agricultural Act of 
     1961.


                   payments to states and possessions

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

        Grain Inspection, Packers and Stockyards Administration

                         salaries and expenses

       For necessary expenses of the Grain Inspection, Packers and 
     Stockyards Administration, $40,342,000: Provided, That this 
     appropriation shall be available pursuant to law (7 U.S.C. 
     2250) for the alteration and repair of buildings and 
     improvements, but the cost of altering any one building 
     during the fiscal year shall not exceed 10 percent of the 
     current replacement value of the building.


        limitation on inspection and weighing services expenses

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

             Office of the Under Secretary for Food Safety

       For necessary expenses of the Office of the Under Secretary 
     for Food Safety, $613,000.

                   Food Safety and Inspection Service

       For necessary expenses to carry out services authorized by 
     the Federal Meat Inspection Act, the Poultry Products 
     Inspection Act, and the Egg Products Inspection Act, 
     including not to exceed $50,000 for representation allowances 
     and for expenses pursuant to section 8 of the Act approved 
     August 3, 1956 (7 U.S.C. 1766), $971,566,000; and in 
     addition, $1,000,000 may be credited to this account from 
     fees collected for the cost of laboratory accreditation as 
     authorized by section 1327 of the Food, Agriculture, 
     Conservation and Trade Act of 1990 (7 U.S.C. 138f): Provided, 
     That no fewer than 120 full-time equivalent positions shall 
     be employed during fiscal year 2009 for purposes dedicated 
     solely to inspections and enforcement related to the Humane 
     Methods of Slaughter Act: Provided further, That of the 
     amount available under this heading, $3,000,000 shall be 
     obligated to maintain the Humane Animal Tracking System as 
     part of the Public Health Data Communication Infrastructure 
     System: Provided further, That this appropriation shall be 
     available pursuant to law (7 U.S.C. 2250) for the alteration 
     and repair of buildings and improvements, but the cost of 
     altering any

[[Page 5605]]

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

    Office of the Under Secretary for Farm and Foreign Agricultural 
                                Services

       For necessary expenses of the Office of the Under Secretary 
     for Farm and Foreign Agricultural Services, $646,000.

                          Farm Service Agency

                         salaries and expenses


                     (including transfers of funds)

       For necessary expenses of the Farm Service Agency, 
     $1,170,273,000: Provided, That the Secretary is authorized to 
     use the services, facilities, and authorities (but not the 
     funds) of the Commodity Credit Corporation to make program 
     payments for all programs administered by the Agency: 
     Provided further, That other funds made available to the 
     Agency for authorized activities may be advanced to and 
     merged with this account.


                         state mediation grants

       For grants pursuant to section 502(b) of the Agricultural 
     Credit Act of 1987, as amended (7 U.S.C. 5101-5106), 
     $4,369,000.


               grassroots source water protection program

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


                        dairy indemnity program

                     (including transfer of funds)

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


           agricultural credit insurance fund program account

                     (including transfers of funds)

       For gross obligations for the principal amount of direct 
     and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and 
     operating (7 U.S.C. 1941 et seq.) loans, Indian tribe land 
     acquisition loans (25 U.S.C. 488), and boll weevil loans (7 
     U.S.C. 1989), to be available from funds in the Agricultural 
     Credit Insurance Fund, as follows: farm ownership loans, 
     $1,461,066,000, of which $1,238,768,000 shall be for 
     unsubsidized guaranteed loans and $222,298,000 shall be for 
     direct loans; operating loans, $1,862,578,000, of which 
     $1,017,497,000 shall be for unsubsidized guaranteed loans, 
     $269,986,000 shall be for subsidized guaranteed loans and 
     $575,095,000 shall be for direct loans; Indian tribe land 
     acquisition loans, $3,940,000; and for boll weevil 
     eradication program loans, $100,000,000: Provided, That the 
     Secretary shall deem the pink bollworm to be a boll weevil 
     for the purpose of boll weevil eradication program loans.
       For the cost of direct and guaranteed loans, including the 
     cost of modifying loans as defined in section 502 of the 
     Congressional Budget Act of 1974, as follows: farm ownership 
     loans, $16,803,000, of which $4,088,000 shall be for 
     unsubsidized guaranteed loans, and $12,715,000 shall be for 
     direct loans; operating loans, $130,371,000, of which 
     $25,336,000 shall be for unsubsidized guaranteed loans, 
     $37,231,000 shall be for subsidized guaranteed loans, and 
     $67,804,000 shall be for direct loans; and Indian tribe land 
     acquisition loans, $248,000.
       In addition, for administrative expenses necessary to carry 
     out the direct and guaranteed loan programs, $317,323,000, of 
     which $309,403,000 shall be transferred to and merged with 
     the appropriation for ``Farm Service Agency, Salaries and 
     Expenses''.
       Funds appropriated by this Act to the Agricultural Credit 
     Insurance Program Account for farm ownership and operating 
     direct loans and guaranteed loans may be transferred among 
     these programs: Provided, That the Committees on 
     Appropriations of both Houses of Congress are notified at 
     least 15 days in advance of any transfer.

                         Risk Management Agency

       For necessary expenses of the Risk Management Agency, 
     $77,177,000: Provided, That the funds made available under 
     section 522(e) of the Federal Crop Insurance Act (7 U.S.C. 
     1522(e)) may be used for the Common Information Management 
     System: Provided further, That not to exceed $1,000 shall be 
     available for official reception and representation expenses, 
     as authorized by 7 U.S.C. 1506(i).

                              CORPORATIONS

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

                Federal Crop Insurance Corporation Fund

       For payments as authorized by section 516 of the Federal 
     Crop Insurance Act (7 U.S.C. 1516), such sums as may be 
     necessary, to remain available until expended.

                   Commodity Credit Corporation Fund

                 reimbursement for net realized losses


                     (including transfers of funds)

       For the current fiscal year, such sums as may be necessary 
     to reimburse the Commodity Credit Corporation for net 
     realized losses sustained, but not previously reimbursed, 
     pursuant to section 2 of the Act of August 17, 1961 (15 
     U.S.C. 713a-11): Provided, That of the funds available to the 
     Commodity Credit Corporation under section 11 of the 
     Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for 
     the conduct of its business with the Foreign Agricultural 
     Service, up to $5,000,000 may be transferred to and used by 
     the Foreign Agricultural Service for information resource 
     management activities of the Foreign Agricultural Service 
     that are not related to Commodity Credit Corporation 
     business.


                       hazardous waste management

                        (limitation on expenses)

       For the current fiscal year, the Commodity Credit 
     Corporation shall not expend more than $5,000,000 for site 
     investigation and cleanup expenses, and operations and 
     maintenance expenses to comply with the requirement of 
     section 107(g) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act (42 U.S.C. 9607(g)), and 
     section 6001 of the Resource Conservation and Recovery Act 
     (42 U.S.C. 6961).

                                TITLE II

                         CONSERVATION PROGRAMS

  Office of the Under Secretary for Natural Resources and Environment

       For necessary expenses of the Office of the Under Secretary 
     for Natural Resources and Environment, $758,000.

                 Natural Resources Conservation Service


                        conservation operations

       For necessary expenses for carrying out the provisions of 
     the Act of April 27, 1935 (16 U.S.C. 590a-f), including 
     preparation of conservation plans and establishment of 
     measures to conserve soil and water (including farm 
     irrigation and land drainage and such special measures for 
     soil and water management as may be necessary to prevent 
     floods and the siltation of reservoirs and to control 
     agricultural related pollutants); operation of conservation 
     plant materials centers; classification and mapping of soil; 
     dissemination of information; acquisition of lands, water, 
     and interests therein for use in the plant materials program 
     by donation, exchange, or purchase at a nominal cost not to 
     exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. 
     428a); purchase and erection or alteration or improvement of 
     permanent and temporary buildings; and operation and 
     maintenance of aircraft, $853,400,000, to remain available 
     until September 30, 2010, of which $31,650,000 shall be for 
     the purposes, and in the amounts, specified in the table 
     titled ``Natural Resources Conservation Service, Conservation 
     Operations Congressionally-designated Projects'' in the 
     explanatory statement described in section 4 (in the matter 
     preceding division A of this consolidated Act): Provided, 
     That appropriations hereunder shall be available pursuant to 
     7 U.S.C. 2250 for construction and improvement of buildings 
     and public improvements at plant materials centers, except 
     that the cost of alterations and improvements to other 
     buildings and other public improvements shall not exceed 
     $250,000: Provided further, That when buildings or other 
     structures are erected on non-Federal land, that the right to 
     use such land is obtained as provided in 7 U.S.C. 2250a.


               watershed and flood prevention operations

       For necessary expenses to carry out preventive measures, 
     including but not limited to research, engineering 
     operations, methods of cultivation, the growing of 
     vegetation, rehabilitation of existing works and changes in 
     use of land, in accordance with the Watershed Protection and 
     Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-1009), the 
     provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f), 
     and in accordance with the provisions of laws relating to the 
     activities of the Department, $24,289,000, to remain 
     available until expended, of which $23,643,000 shall be for 
     the purposes, and in the amounts, specified in the table 
     titled ``Natural Resources Conservation Service, Watershed 
     and Flood Prevention Operations Congressionally-designated 
     Projects'' in the explanatory statement described in section 
     4 (in the matter preceding division A of this consolidated 
     Act): Provided, That not to exceed $15,000,000 of this 
     appropriation shall be available for technical assistance.


                    watershed rehabilitation program

       For necessary expenses to carry out rehabilitation of 
     structural measures, in accordance with section 14 of the 
     Watershed Protection and Flood Prevention Act (16 U.S.C. 
     1012), and in accordance with the provisions of laws relating 
     to the activities of the Department, $40,000,000, to remain 
     available until expended.

[[Page 5606]]




                 resource conservation and development

        For necessary expenses in planning and carrying out 
     projects for resource conservation and development and for 
     sound land use pursuant to the provisions of sections 31 and 
     32 of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010-1011; 
     76 Stat. 607); the Act of April 27, 1935 (16 U.S.C. 590a-f); 
     and subtitle H of title XV of the Agriculture and Food Act of 
     1981 (16 U.S.C. 3451-3461), $50,730,000: Provided, That not 
     to exceed $3,073,000 shall be available for national 
     headquarters activities.

                               TITLE III

                       RURAL DEVELOPMENT PROGRAMS

          Office of the Under Secretary for Rural Development

       For necessary expenses of the Office of the Under Secretary 
     for Rural Development, $646,000.

                Rural Development Salaries and Expenses


                     (including transfers of funds)

       For necessary expenses for carrying out the administration 
     and implementation of programs in the Rural Development 
     mission area, including activities with institutions 
     concerning the development and operation of agricultural 
     cooperatives; and for cooperative agreements; $192,484,000: 
     Provided, That notwithstanding any other provision of law, 
     funds appropriated under this section may be used for 
     advertising and promotional activities that support the Rural 
     Development mission area: Provided further, That not more 
     than $10,000 may be expended to provide modest nonmonetary 
     awards to non-USDA employees: Provided further, That any 
     balances available from prior years for the Rural Utilities 
     Service, Rural Housing Service, and the Rural Business-
     Cooperative Service salaries and expenses accounts shall be 
     transferred to and merged with this appropriation.

                         Rural Housing Service


              rural housing insurance fund program account

                     (including transfers of funds)

       For gross obligations for the principal amount of direct 
     and guaranteed loans as authorized by title V of the Housing 
     Act of 1949, to be available from funds in the rural housing 
     insurance fund, as follows: $7,345,347,000 for loans to 
     section 502 borrowers, of which $1,121,488,000 shall be for 
     direct loans, and of which $6,223,859,000 shall be for 
     unsubsidized guaranteed loans; $34,410,000 for section 504 
     housing repair loans; $69,512,000 for section 515 rental 
     housing; $129,090,000 for section 538 guaranteed multi-family 
     housing loans; $5,045,000 for section 524 site loans; 
     $11,447,000 for credit sales of acquired property, of which 
     up to $1,447,000 may be for multi-family credit sales; and 
     $4,970,000 for section 523 self-help housing land development 
     loans.
       For the cost of direct and guaranteed loans, including the 
     cost of modifying loans, as defined in section 502 of the 
     Congressional Budget Act of 1974, as follows: section 502 
     loans, $154,407,000, of which $75,364,000 shall be for direct 
     loans, and of which $79,043,000, to remain available until 
     expended, shall be for unsubsidized guaranteed loans; section 
     504 housing repair loans, $9,246,000; repair, rehabilitation, 
     and new construction of section 515 rental housing, 
     $28,611,000; section 538 multi-family housing guaranteed 
     loans, $8,082,000; credit sales of acquired property, 
     $523,000; and section 523 self-help housing and development 
     loans, $82,000: Provided, That of the total amount 
     appropriated in this paragraph, $2,500,000 shall be available 
     through June 30, 2009, for authorized empowerment zones and 
     enterprise communities and communities designated by the 
     Secretary of Agriculture as Rural Economic Area Partnership 
     Zones: Provided further, That, for applications received 
     under the 2009 notice of funding availability, section 538 
     multi-family housing guaranteed loans funded pursuant to this 
     paragraph shall not be subject to a guarantee fee and the 
     interest on such loans may not be subsidized: Provided 
     further, That any balances for a demonstration program for 
     the preservation and revitalization of the section 515 multi-
     family rental housing properties as authorized by Public Law 
     109-97 and Public Law 110-5 shall be transferred to and 
     merged with the ``Rural Housing Service, Multi-family Housing 
     Revitalization Program Account''.
       In addition, for administrative expenses necessary to carry 
     out the direct and guaranteed loan programs, $460,217,000, 
     which shall be transferred to and merged with the 
     appropriation for ``Rural Development, Salaries and 
     Expenses''.


                       rental assistance program

       For rental assistance agreements entered into or renewed 
     pursuant to the authority under section 521(a)(2) or 
     agreements entered into in lieu of debt forgiveness or 
     payments for eligible households as authorized by section 
     502(c)(5)(D) of the Housing Act of 1949, $902,500,000, to 
     remain available through September 30, 2010; and, in 
     addition, such sums as may be necessary, as authorized by 
     section 521(c) of the Act, to liquidate debt incurred prior 
     to fiscal year 1992 to carry out the rental assistance 
     program under section 521(a)(2) of the Act: Provided, That of 
     this amount, up to $5,958,000 shall be available for debt 
     forgiveness or payments for eligible households as authorized 
     by section 502(c)(5)(D) of the Act, and not to exceed $50,000 
     per project for advances to nonprofit organizations or public 
     agencies to cover direct costs (other than purchase price) 
     incurred in purchasing projects pursuant to section 
     502(c)(5)(C) of the Act: Provided further, That of this 
     amount not less than $2,030,000 is available for newly 
     constructed units financed by section 515 of the Housing Act 
     of 1949, and not less than $3,400,000 is for newly 
     constructed units financed under sections 514 and 516 of the 
     Housing Act of 1949: Provided further, That rental assistance 
     agreements entered into or renewed during the current fiscal 
     year shall be funded for a one-year period: Provided further, 
     That any unexpended balances remaining at the end of such 
     one-year agreements may be transferred and used for the 
     purposes of any debt reduction; maintenance, repair, or 
     rehabilitation of any existing projects; preservation; and 
     rental assistance activities authorized under title V of the 
     Act: Provided further, That rental assistance provided under 
     agreements entered into prior to fiscal year 2009 for a farm 
     labor multi-family housing project financed under section 514 
     or 516 of the Act may not be recaptured for use in another 
     project until such assistance has remained unused for a 
     period of 12 consecutive months, if such project has a 
     waiting list of tenants seeking such assistance or the 
     project has rental assistance eligible tenants who are not 
     receiving such assistance: Provided further, That such 
     recaptured rental assistance shall, to the extent 
     practicable, be applied to another farm labor multi-family 
     housing project financed under section 514 or 516 of the Act.


          multi-family housing revitalization program account

       For the rural housing voucher program as authorized under 
     section 542 of the Housing Act of 1949, but notwithstanding 
     subsection (b) of such section, for the cost to conduct a 
     housing demonstration program to provide revolving loans for 
     the preservation of low-income multi-family housing projects, 
     and for additional costs to conduct a demonstration program 
     for the preservation and revitalization of multi-family 
     rental housing properties described in this paragraph, 
     $27,714,000, to remain available until expended: Provided, 
     That of the funds made available under this heading, 
     $4,965,000 shall be available for rural housing vouchers to 
     any low-income household (including those not receiving 
     rental assistance) residing in a property financed with a 
     section 515 loan which has been prepaid after September 30, 
     2005: Provided further, That the amount of such voucher shall 
     be the difference between comparable market rent for the 
     section 515 unit and the tenant paid rent for such unit: 
     Provided further, That funds made available for such vouchers 
     shall be subject to the availability of annual 
     appropriations: Provided further, That the Secretary shall, 
     to the maximum extent practicable, administer such vouchers 
     with current regulations and administrative guidance 
     applicable to section 8 housing vouchers administered by the 
     Secretary of the Department of Housing and Urban Development 
     (including the ability to pay administrative costs related to 
     delivery of the voucher funds): Provided further, That if the 
     Secretary determines that the amount made available for 
     vouchers in this or any other Act is not needed for vouchers, 
     the Secretary may use such funds for the demonstration 
     programs for the preservation and revitalization of multi-
     family rental housing properties described in this paragraph: 
     Provided further, That of the funds made available under this 
     heading, $2,889,000 shall be available for the cost of loans 
     to private non-profit organizations, or such non-profit 
     organizations' affiliate loan funds and State and local 
     housing finance agencies, to carry out a housing 
     demonstration program to provide revolving loans for the 
     preservation of low-income multi-family housing projects: 
     Provided further, That loans under such demonstration program 
     shall have an interest rate of not more than 1 percent direct 
     loan to the recipient: Provided further, That the Secretary 
     may defer the interest and principal payment to the Rural 
     Housing Service for up to 3 years and the term of such loans 
     shall not exceed 30 years: Provided further, That of the 
     funds made available under this heading, $19,860,000 shall be 
     available for a demonstration program for the preservation 
     and revitalization of the section 514, 515, and 516 multi-
     family rental housing properties to restructure existing USDA 
     multi-family housing loans, as the Secretary deems 
     appropriate, expressly for the purposes of ensuring the 
     project has sufficient resources to preserve the project for 
     the purpose of providing safe and affordable housing for low-
     income residents and farm laborers including reducing or 
     eliminating interest; deferring loan payments, subordinating, 
     reducing or reamortizing loan debt; and other financial 
     assistance including advances, payments and incentives 
     (including the ability of owners to obtain reasonable returns 
     on investment) required by the Secretary: Provided further, 
     That the Secretary shall as part of the preservation and 
     revitalization agreement obtain a restrictive use agreement 
     consistent with the terms of the restructuring: Provided 
     further, That if the Secretary determines that

[[Page 5607]]

     additional funds for vouchers described in this paragraph are 
     needed, funds for the preservation and revitalization 
     demonstration program may be used for such vouchers: Provided 
     further, That the Secretary may use any unobligated funds 
     appropriated for the rural housing voucher program in a prior 
     fiscal year to support information technology activities of 
     the Rural Housing Service to the extent the Secretary 
     determines that additional funds are not needed for this 
     fiscal year to provide vouchers described in this paragraph: 
     Provided further, That if Congress enacts legislation to 
     permanently authorize a section 515 multi-family rental 
     housing loan restructuring program similar to the 
     demonstration program described herein, the Secretary may use 
     funds made available for the demonstration program under this 
     heading to carry out such legislation with the prior approval 
     of the Committees on Appropriations of both Houses of 
     Congress.


                  mutual and self-help housing grants

       For grants and contracts pursuant to section 523(b)(1)(A) 
     of the Housing Act of 1949 (42 U.S.C. 1490c), $38,727,000, to 
     remain available until expended: Provided, That of the total 
     amount appropriated, $1,000,000 shall be available through 
     June 30, 2009, for authorized empowerment zones and 
     enterprise communities and communities designated by the 
     Secretary of Agriculture as Rural Economic Area Partnership 
     Zones.


                    rural housing assistance grants

                     (including transfer of funds)

       For grants and contracts for very low-income housing 
     repair, supervisory and technical assistance, compensation 
     for construction defects, and rural housing preservation made 
     by the Rural Housing Service, as authorized by 42 U.S.C. 
     1474, 1479(c), 1490e, and 1490m, $41,500,000, to remain 
     available until expended: Provided, That of the total amount 
     appropriated, $1,200,000 shall be available through June 30, 
     2009, for authorized empowerment zones and enterprise 
     communities and communities designated by the Secretary of 
     Agriculture as Rural Economic Area Partnership Zones: 
     Provided further, That any balances to carry out a housing 
     demonstration program to provide revolving loans for the 
     preservation of low-income multi-family housing projects as 
     authorized in Public Law 108-447 and Public Law 109-97 shall 
     be transferred to and merged with the ``Rural Housing 
     Service, Multi-family Housing Revitalization Program 
     Account''.


                       farm labor program account

       For the cost of direct loans, grants, and contracts, as 
     authorized by 42 U.S.C. 1484 and 1486, $18,269,000, to remain 
     available until expended, for direct farm labor housing loans 
     and domestic farm labor housing grants and contracts.


               Rural Community Facilities Program Account

                     (including transfers of funds)

       For the cost of direct loans, loan guarantees, and grants 
     for rural community facilities programs as authorized by 
     section 306 and described in section 381E(d)(1) of the 
     Consolidated Farm and Rural Development Act, $63,830,000, to 
     remain available until expended: Provided, That $6,256,000 of 
     the amount appropriated under this heading shall be available 
     for a Rural Community Development Initiative: Provided 
     further, That such funds shall be used solely to develop the 
     capacity and ability of private, nonprofit community-based 
     housing and community development organizations, low-income 
     rural communities, and Federally Recognized Native American 
     Tribes to undertake projects to improve housing, community 
     facilities, community and economic development projects in 
     rural areas: Provided further, That such funds shall be made 
     available to qualified private, nonprofit and public 
     intermediary organizations proposing to carry out a program 
     of financial and technical assistance: Provided further, That 
     such intermediary organizations shall provide matching funds 
     from other sources, including Federal funds for related 
     activities, in an amount not less than funds provided: 
     Provided further, That $10,000,000 of the amount appropriated 
     under this heading shall be to provide grants for facilities 
     in rural communities with extreme unemployment and severe 
     economic depression (Public Law 106-387), with up to 5 
     percent for administration and capacity building in the State 
     rural development offices: Provided further, That $3,972,000 
     of the amount appropriated under this heading shall be 
     available for community facilities grants to tribal colleges, 
     as authorized by section 306(a)(19) of such Act: Provided 
     further, That not to exceed $1,000,000 of the amount 
     appropriated under this heading shall be available through 
     June 30, 2009, for authorized empowerment zones and 
     enterprise communities and communities designated by the 
     Secretary of Agriculture as Rural Economic Area Partnership 
     Zones for the rural community programs described in section 
     381E(d)(1) of the Consolidated Farm and Rural Development 
     Act: Provided further, That sections 381E-H and 381N of the 
     Consolidated Farm and Rural Development Act are not 
     applicable to the funds made available under this heading: 
     Provided further, That any prior balances in the Rural 
     Development, Rural Community Advancement Program account for 
     programs authorized by section 306 and described in section 
     381E(d)(1) of such Act be transferred and merged with this 
     account and any other prior balances from the Rural 
     Development, Rural Community Advancement Program account that 
     the Secretary determines is appropriate to transfer.

                  Rural Business--Cooperative Service


                     rural business program account

                     (including transfers of funds)

       For the cost of loan guarantees and grants, for the rural 
     business development programs authorized by sections 306 and 
     310B and described in sections 310B(f) and 381E(d)(3) of the 
     Consolidated Farm and Rural Development Act, $87,385,000, to 
     remain available until expended: Provided, That of the amount 
     appropriated under this heading, not to exceed $500,000 shall 
     be made available for a grant to a qualified national 
     organization to provide technical assistance for rural 
     transportation in order to promote economic development and 
     $2,979,000 shall be for grants to the Delta Regional 
     Authority (7 U.S.C. 1921 et seq.) for any Rural Community 
     Advancement Program purpose as described in section 381E(d) 
     of the Consolidated Farm and Rural Development Act, of which 
     not more than 5 percent may be used for administrative 
     expenses: Provided further, That $4,000,000 of the amount 
     appropriated under this heading shall be for business grants 
     to benefit Federally Recognized Native American Tribes, 
     including $250,000 for a grant to a qualified national 
     organization to provide technical assistance for rural 
     transportation in order to promote economic development: 
     Provided further, That not to exceed $8,300,000 of the amount 
     appropriated under this heading shall be available through 
     June 30, 2009, for authorized empowerment zones and 
     enterprise communities and communities designated by the 
     Secretary of Agriculture as Rural Economic Area Partnership 
     Zones for the rural business and cooperative development 
     programs described in section 381E(d)(3) of the Consolidated 
     Farm and Rural Development Act: Provided further, That 
     sections 381E-H and 381N of the Consolidated Farm and Rural 
     Development Act are not applicable to funds made available 
     under this heading: Provided further, That any prior balances 
     in the Rural Development, Rural Community Advancement Program 
     account for programs authorized by sections 306 and 310B and 
     described in sections 310B(f) and 381E(d)(3) of such Act be 
     transferred and merged with this account and any other prior 
     balances from the Rural Development, Rural Community 
     Advancement Program account that the Secretary determines is 
     appropriate to transfer.


              rural development loan fund program account

                     (including transfer of funds)

       For the principal amount of direct loans, as authorized by 
     the Rural Development Loan Fund (42 U.S.C. 9812(a)), 
     $33,536,000.
       For the cost of direct loans, $14,035,000, as authorized by 
     the Rural Development Loan Fund (42 U.S.C. 9812(a)), of which 
     $1,724,000 shall be available through June 30, 2009, for 
     Federally Recognized Native American Tribes and of which 
     $3,449,000 shall be available through June 30, 2009, for 
     Mississippi Delta Region counties (as determined in 
     accordance with Public Law 100-460): Provided, That such 
     costs, including the cost of modifying such loans, shall be 
     as defined in section 502 of the Congressional Budget Act of 
     1974: Provided further, That of the total amount 
     appropriated, $880,000 shall be available through June 30, 
     2009, for the cost of direct loans for authorized empowerment 
     zones and enterprise communities and communities designated 
     by the Secretary of Agriculture as Rural Economic Area 
     Partnership Zones.
       In addition, for administrative expenses to carry out the 
     direct loan programs, $4,853,000 shall be transferred to and 
     merged with the appropriation for ``Rural Development, 
     Salaries and Expenses''.


            Rural Economic Development Loans Program Account

                    (including rescission of funds)

       For the principal amount of direct loans, as authorized 
     under section 313 of the Rural Electrification Act, for the 
     purpose of promoting rural economic development and job 
     creation projects, $33,077,000.
       Of the funds derived from interest on the cushion of credit 
     payments, as authorized by section 313 of the Rural 
     Electrification Act of 1936, $20,000,000 shall not be 
     obligated and $20,000,000 are rescinded.


                  rural cooperative development grants

       For rural cooperative development grants authorized under 
     section 310B(e) of the Consolidated Farm and Rural 
     Development Act (7 U.S.C. 1932), $12,636,000, of which 
     $300,000 shall be for a cooperative research agreement with a 
     qualified academic institution to conduct research on the 
     national economic impact of all types of cooperatives; and of 
     which $2,582,000 shall be for cooperative agreements for the 
     appropriate technology transfer for rural areas program: 
     Provided, That not to exceed $1,463,000 shall be for 
     cooperatives or associations of cooperatives whose primary 
     focus is to provide assistance to small, socially 
     disadvantaged producers and whose governing board and/or

[[Page 5608]]

     membership is comprised of at least 75 percent socially 
     disadvantaged members; and of which $3,867,000, to remain 
     available until expended, shall be for value-added 
     agricultural product market development grants, as authorized 
     by section 231 of the Agricultural Risk Protection Act of 
     2000 (7 U.S.C. 1621 note).


       rural empowerment zones and enterprise communities grants

        For grants in connection with empowerment zones and 
     enterprise communities, $8,130,000, to remain available until 
     expended, for designated rural empowerment zones and rural 
     enterprise communities, as authorized by the Taxpayer Relief 
     Act of 1997 and the Omnibus Consolidated and Emergency 
     Supplemental Appropriations Act, 1999 (Public Law 105-277): 
     Provided, That the funds provided under this paragraph shall 
     be made available to empowerment zones and enterprise 
     communities in a manner and with the same priorities such 
     funds were made available during the 2007 fiscal year.


                    rural energy for america program

       For the cost of a program of loan guarantees and grants, 
     under the same terms and conditions as authorized by section 
     9007 of the Farm Security and Rural Investment Act of 2002 (7 
     U.S.C. 8107), $5,000,000: Provided, That the cost of loan 
     guarantees, including the cost of modifying such loans, shall 
     be as defined in section 502 of the Congressional Budget Act 
     of 1974.

                        Rural Utilities Service


             Rural Water and Waste Disposal Program Account

                     (including transfers of funds)

       For the cost of direct loans, loan guarantees, and grants 
     for the rural water, waste water, waste disposal, and solid 
     waste management programs authorized by sections 306, 306A, 
     306C, 306D, and 310B and described in sections 306C(a)(2), 
     306D, and 381E(d)(2) of the Consolidated Farm and Rural 
     Development Act, $556,268,000, to remain available until 
     expended, of which not to exceed $497,000 shall be available 
     for the rural utilities program described in section 
     306(a)(2)(B) of such Act, and of which not to exceed $993,000 
     shall be available for the rural utilities program described 
     in section 306E of such Act: Provided, That $65,000,000 of 
     the amount appropriated under this heading shall be for loans 
     and grants including water and waste disposal systems grants 
     authorized by 306C(a)(2)(B) and 306D of the Consolidated Farm 
     and Rural Development Act and for Federally-recognized Native 
     American Tribes authorized by 306C(a)(1): Provided further, 
     That not to exceed $19,000,000 of the amount appropriated 
     under this heading shall be for technical assistance grants 
     for rural water and waste systems pursuant to section 
     306(a)(14) of such Act, unless the Secretary makes a 
     determination of extreme need, of which $5,600,000 shall be 
     made available for a grant to a qualified non-profit multi-
     state regional technical assistance organization, with 
     experience in working with small communities on water and 
     waste water problems, the principal purpose of such grant 
     shall be to assist rural communities with populations of 
     3,300 or less, in improving the planning, financing, 
     development, operation, and management of water and waste 
     water systems, and of which not less than $800,000 shall be 
     for a qualified national Native American organization to 
     provide technical assistance for rural water systems for 
     tribal communities: Provided further, That not to exceed 
     $14,000,000 of the amount appropriated under this heading 
     shall be for contracting with qualified national 
     organizations for a circuit rider program to provide 
     technical assistance for rural water systems: Provided 
     further, That not to exceed $12,700,000 of the amount 
     appropriated under this heading shall be available through 
     June 30, 2009, for authorized empowerment zones and 
     enterprise communities and communities designated by the 
     Secretary of Agriculture as Rural Economic Area Partnership 
     Zones for the rural utilities programs described in section 
     381E(d)(2) of such Act: Provided further, That $17,500,000 of 
     the amount appropriated under this heading shall be 
     transferred to, and merged with, the Rural Utilities Service, 
     High Energy Cost Grants Account to provide grants authorized 
     under section 19 of the Rural Electrification Act of 1936 (7 
     U.S.C. 918a): Provided further, That any prior year balances 
     for high cost energy grants authorized by section 19 of the 
     Rural Electrification Act of 1936 (7 U.S.C. 901(19)) shall be 
     transferred to and merged with the Rural Utilities Service, 
     High Energy Costs Grants Account: Provided further, That 
     sections 381E-H and 381N of the Consolidated Farm and Rural 
     Development Act are not applicable to the funds made 
     available under this heading: Provided further, That any 
     prior balances in the Rural Development, Rural Community 
     Advancement Program account programs authorized by sections 
     306, 306A, 306C, 306D, and 310B and described in sections 
     306C(a)(2), 306D, and 381E(d)(2) of such Act be transferred 
     to and merged with this account and any other prior balances 
     from the Rural Development, Rural Community Advancement 
     Program account that the Secretary determines is appropriate 
     to transfer.


   rural electrification and telecommunications loans program account

                     (including transfer of funds)

       The principal amount of direct and guaranteed loans as 
     authorized by section 305 of the Rural Electrification Act of 
     1936 (7 U.S.C. 935) shall be made as follows: 5 percent rural 
     electrification loans, $100,000,000; loans made pursuant to 
     section 306 of that Act, rural electric, $6,500,000,000; 5 
     percent rural telecommunications loans, $145,000,000; cost of 
     money rural telecommunications loans, $250,000,000; and for 
     loans made pursuant to section 306 of that Act, rural 
     telecommunications loans, $295,000,000.
       For the cost, as defined in section 502 of the 
     Congressional Budget Act of 1974, including the cost of 
     modifying loans, of direct and guaranteed loans authorized by 
     sections 305 and 306 of the Rural Electrification Act of 1936 
     (7 U.S.C. 935 and 936), as follows: the cost of 
     telecommunications loans, $525,000: Provided, That 
     notwithstanding section 305(d)(2) of the Rural 
     Electrification Act of 1936, borrower interest rates may 
     exceed 7 percent per year.
       In addition, for administrative expenses necessary to carry 
     out the direct and guaranteed loan programs, $39,245,000, 
     which shall be transferred to and merged with the 
     appropriation for ``Rural Development, Salaries and 
     Expenses''.


         distance learning, telemedicine, and broadband program

                    (including rescission of funds)

       For the principal amount of broadband telecommunication 
     loans, $400,487,000.
       For grants for telemedicine and distance learning services 
     in rural areas, as authorized by 7 U.S.C. 950aaa et seq., 
     $34,755,000, to remain available until expended: Provided, 
     That the Secretary may use funds under this heading for 
     grants authorized by 379(g) of the Consolidated Farm and 
     Rural Development Act: Provided further, That $4,965,000 
     shall be made available to convert analog to digital 
     operation those noncommercial educational television 
     broadcast stations that serve rural areas and are qualified 
     for Community Service Grants by the Corporation for Public 
     Broadcasting under section 396(k) of the Communications Act 
     of 1934, including associated translators and repeaters, 
     regardless of the location of their main transmitter, studio-
     to-transmitter links, and equipment to allow local control 
     over digital content and programming through the use of high-
     definition broadcast, multi-casting and datacasting 
     technologies.
       For the cost of broadband loans, as authorized by section 
     601 of the Rural Electrification Act, $15,619,000, to remain 
     available until expended: Provided, That the cost of direct 
     loans shall be as defined in section 502 of the Congressional 
     Budget Act of 1974: Provided further, That of the unobligated 
     balances available for the cost of the broadband loans, 
     $6,404,000 are rescinded.
       In addition, $13,406,000, to remain available until 
     expended, for a grant program to finance broadband 
     transmission in rural areas eligible for Distance Learning 
     and Telemedicine Program benefits authorized by 7 U.S.C. 
     950aaa.

                                TITLE IV

                         DOMESTIC FOOD PROGRAMS

Office of the Under Secretary for Food, Nutrition and Consumer Services

       For necessary expenses of the Office of the Under Secretary 
     for Food, Nutrition and Consumer Services, $610,000.

                       Food and Nutrition Service


                        child nutrition programs

                     (including transfers of funds)

       In lieu of the amounts made available in section 14222(b) 
     of the Food, Conservation, and Energy Act of 2008, for 
     necessary expenses to carry out the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1751 et seq.), except 
     section 21, and the Child Nutrition Act of 1966 (42 U.S.C. 
     1771 et seq.), except sections 17 and 21; $14,951,911,000, to 
     remain available through September 30, 2010, of which 
     $8,496,109,000 is hereby appropriated and $6,455,802,000 
     shall be derived by transfer from funds available under 
     section 32 of the Act of August 24, 1935 (7 U.S.C. 612c).


special supplemental nutrition program for women, infants, and children 
                                 (wic)

       For necessary expenses to carry out the special 
     supplemental nutrition program as authorized by section 17 of 
     the Child Nutrition Act of 1966 (42 U.S.C. 1786), 
     $6,860,000,000, to remain available through September 30, 
     2010, of which such sums as are necessary to restore the 
     contingency reserve to $125,000,000 shall be placed in 
     reserve, to remain available until expended, to be allocated 
     as the Secretary deems necessary, notwithstanding section 
     17(i) of such Act, to support participation should cost or 
     participation exceed budget estimates: Provided, That of the 
     total amount available, the Secretary shall obligate not less 
     than $14,850,000 for a breastfeeding support initiative in 
     addition to the activities specified in section 17(h)(3)(A): 
     Provided further, That, notwithstanding section 17(h)(10)(A) 
     of such Act, only the provisions of section 17(h)(10)(B)(i) 
     and section 17(h)(10)(B)(ii) shall be effective in 2009; 
     including $14,000,000 for the purposes specified in section 
     17(h)(10)(B)(i): Provided further, That funds made available 
     for the purposes specified in section 17(h)(10)(B)(ii) shall 
     only be made available upon determination by the Secretary 
     that funds are

[[Page 5609]]

     available to meet caseload requirements without the use of 
     the contingency reserve funds after the date of enactment of 
     this Act: Provided further, That hereafter none of the funds 
     in this Act shall be available to pay administrative expenses 
     of WIC clinics except those that have an announced policy of 
     prohibiting smoking within the space used to carry out the 
     program: Provided further, That none of the funds provided in 
     this account shall be available for the purchase of infant 
     formula except in accordance with the cost containment and 
     competitive bidding requirements specified in section 17 of 
     such Act: Provided further, That none of the funds provided 
     shall be available for activities that are not fully 
     reimbursed by other Federal Government departments or 
     agencies unless authorized by section 17 of such Act.


               supplemental nutrition assistance program

       For necessary expenses to carry out the Food and Nutrition 
     Act of 2008 (7 U.S.C. 2011 et seq.), $53,969,246,000, of 
     which $3,000,000,000, to remain available through September 
     30, 2010, shall be placed in reserve for use only in such 
     amounts and at such times as may become necessary to carry 
     out program operations: Provided, That funds provided herein 
     shall be expended in accordance with section 16 of the Food 
     and Nutrition Act of 2008: Provided further, That this 
     appropriation shall be subject to any work registration or 
     workfare requirements as may be required by law: Provided 
     further, That funds made available for Employment and 
     Training under this heading shall remain available until 
     expended, as authorized by section 16(h)(1) of the Food and 
     Nutrition Act of 2008: Provided further, That funds made 
     available under this heading may be used to enter into 
     contracts and employ staff to conduct studies, evaluations, 
     or to conduct activities related to program integrity 
     provided that such activities are authorized by the Food and 
     Nutrition Act of 2008.


                      commodity assistance program

       For necessary expenses to carry out disaster assistance and 
     the Commodity Supplemental Food Program as authorized by 
     section 4(a) of the Agriculture and Consumer Protection Act 
     of 1973 (7 U.S.C. 612c note); the Emergency Food Assistance 
     Act of 1983; special assistance for the nuclear affected 
     islands, as authorized by section 103(f)(2) of the Compact of 
     Free Association Amendments Act of 2003 (Public Law 108-188); 
     and the Farmers' Market Nutrition Program, as authorized by 
     section 17(m) of the Child Nutrition Act of 1966, 
     $230,800,000, to remain available through September 30, 2010: 
     Provided, That none of these funds shall be available to 
     reimburse the Commodity Credit Corporation for commodities 
     donated to the program: Provided further, That 
     notwithstanding any other provision of law, effective with 
     funds made available in fiscal year 2009 to support the 
     Seniors Farmers' Market Nutrition Program, as authorized by 
     section 4402 of the Farm Security and Rural Investment Act of 
     2002, such funds shall remain available through September 30, 
     2010: Provided further, That of the funds made available 
     under section 27(a) of the Food and Nutrition Act of 2008 (7 
     U.S.C. 2036(a)), the Secretary may use up to 10 percent for 
     costs associated with the distribution of commodities.


                   nutrition programs administration

       For necessary administrative expenses of the Food and 
     Nutrition Service for carrying out any domestic nutrition 
     assistance program, $142,595,000.

                                TITLE V

                FOREIGN ASSISTANCE AND RELATED PROGRAMS

                      Foreign Agricultural Service


                         salaries and expenses

                     (including transfers of funds)

       For necessary expenses of the Foreign Agricultural Service, 
     including not to exceed $158,000 for representation 
     allowances and for expenses pursuant to section 8 of the Act 
     approved August 3, 1956 (7 U.S.C. 1766), $165,436,000: 
     Provided, That the Service may utilize advances of funds, or 
     reimburse this appropriation for expenditures made on behalf 
     of Federal agencies, public and private organizations and 
     institutions under agreements executed pursuant to the 
     agricultural food production assistance programs (7 U.S.C. 
     1737) and the foreign assistance programs of the United 
     States Agency for International Development: Provided 
     further, That funds made available for the cost of agreements 
     under title I of the Agricultural Trade Development and 
     Assistance Act of 1954 and for title I ocean freight 
     differential may be used interchangeably between the two 
     accounts with prior notice to the Committees on 
     Appropriations of both Houses of Congress.


  public law 480 title i direct credit and food for progress program 
                                account

                     (including transfers of funds)

       For administrative expenses to carry out the credit program 
     of title I, Public Law 83-480 and the Food for Progress Act 
     of 1985, $2,736,000, to be transferred to and merged with the 
     appropriation for ``Farm Service Agency, Salaries and 
     Expenses''.


                     public law 480 title ii grants

       For expenses during the current fiscal year, not otherwise 
     recoverable, and unrecovered prior years' costs, including 
     interest thereon, under the Food for Peace Act, for 
     commodities supplied in connection with dispositions abroad 
     under title II of said Act, $1,225,900,000, to remain 
     available until expended.


       commodity credit corporation export loans program account

                     (including transfers of funds)

       For administrative expenses to carry out the Commodity 
     Credit Corporation's export guarantee program, GSM 102 and 
     GSM 103, $5,333,000; to cover common overhead expenses as 
     permitted by section 11 of the Commodity Credit Corporation 
     Charter Act and in conformity with the Federal Credit Reform 
     Act of 1990, of which $4,985,000 shall be transferred to and 
     merged with the appropriation for ``Foreign Agricultural 
     Service, Salaries and Expenses'', and of which $348,000 shall 
     be transferred to and merged with the appropriation for 
     ``Farm Service Agency, Salaries and Expenses''.


  mcgovern-dole international food for education and child nutrition 
                             program grants

       For necessary expenses to carry out the provisions of 
     section 3107 of the Farm Security and Rural Investment Act of 
     2002 (7 U.S.C. 1736o-1), $100,000,000, to remain available 
     until expended: Provided, That the Commodity Credit 
     Corporation is authorized to provide the services, 
     facilities, and authorities for the purpose of implementing 
     such section, subject to reimbursement from amounts provided 
     herein.

                                TITLE VI

            RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration


                         salaries and expenses

       For necessary expenses of the Food and Drug Administration, 
     including hire and purchase of passenger motor vehicles; for 
     payment of space rental and related costs pursuant to Public 
     Law 92-313 for programs and activities of the Food and Drug 
     Administration which are included in this Act; for rental of 
     special purpose space in the District of Columbia or 
     elsewhere; for miscellaneous and emergency expenses of 
     enforcement activities, authorized and approved by the 
     Secretary and to be accounted for solely on the Secretary's 
     certificate, not to exceed $25,000; and notwithstanding 
     section 521 of Public Law 107-188; $2,622,267,000, of which 
     $7,641,000 shall be for the purposes, and in the amounts, 
     specified in the final paragraph under ``Food and Drug 
     Administration, Salaries and Expenses'' in the explanatory 
     statement described in section 4 (in the matter preceding 
     division A of this consolidated Act): Provided, That of the 
     amount provided under this heading, $510,665,000 shall be 
     derived from prescription drug user fees authorized by 21 
     U.S.C. 379h shall be credited to this account and remain 
     available until expended, and shall not include any fees 
     pursuant to 21 U.S.C. 379h(a)(2) and (a)(3) assessed for 
     fiscal year 2010 but collected in fiscal year 2009; 
     $52,547,000 shall be derived from medical device user fees 
     authorized by 21 U.S.C. 379j, and shall be credited to this 
     account and remain available until expended; $15,260,000 
     shall be derived from animal drug user fees authorized by 21 
     U.S.C. 379j, and shall be credited to this account and remain 
     available until expended; and $4,831,000 shall be derived 
     from animal generic drug user fees authorized by 21 U.S.C. 
     379f, and shall be credited to this account and shall remain 
     available until expended: Provided further, That fees derived 
     from prescription drug, medical device, animal drug, and 
     animal generic drug assessments for fiscal year 2009 received 
     during fiscal year 2009, including any such fees assessed 
     prior to fiscal year 2009 but credited for fiscal year 2009, 
     shall be subject to the fiscal year 2009 limitations: 
     Provided further, That none of these funds shall be used to 
     develop, establish, or operate any program of user fees 
     authorized by 31 U.S.C. 9701: Provided further, That of the 
     total amount appropriated: (1) $648,722,000 shall be for the 
     Center for Food Safety and Applied Nutrition and related 
     field activities in the Office of Regulatory Affairs; (2) 
     $777,437,000 shall be for the Center for Drug Evaluation and 
     Research and related field activities in the Office of 
     Regulatory Affairs, of which no less than $41,358,000 shall 
     be available for the Office of Generic Drugs; (3) 
     $271,490,000 shall be for the Center for Biologics Evaluation 
     and Research and for related field activities in the Office 
     of Regulatory Affairs; (4) $134,344,000 shall be for the 
     Center for Veterinary Medicine and for related field 
     activities in the Office of Regulatory Affairs; (5) 
     $310,547,000 shall be for the Center for Devices and 
     Radiological Health and for related field activities in the 
     Office of Regulatory Affairs; (6) $52,511,000 shall be for 
     the National Center for Toxicological Research; (7) not to 
     exceed $111,758,000 shall be for Rent and Related activities, 
     of which $41,281,000 is for White Oak Consolidation, other 
     than the amounts paid to the General Services Administration 
     for rent; (8) not to exceed

[[Page 5610]]

     $155,425,000 shall be for payments to the General Services 
     Administration for rent; and (9) $160,033,000 shall be for 
     other activities, including the Office of the Commissioner; 
     the Office of Scientific and Medical Programs; the Office of 
     Policy, Planning and Preparedness; the Office of 
     International and Special Programs; the Office of Operations; 
     and central services for these offices: Provided further, 
     That none of the funds made available under this heading 
     shall be used to transfer funds under section 770(n) of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379dd): 
     Provided further, That funds may be transferred from one 
     specified activity to another with the prior approval of the 
     Committees on Appropriations of both Houses of Congress.
       In addition, mammography user fees authorized by 42 U.S.C. 
     263b, export certification user fees authorized by 21 U.S.C. 
     381, and priority review user fees authorized by 21 U.S.C. 
     360n may be credited to this account, to remain available 
     until expended.


                        buildings and facilities

       For plans, construction, repair, improvement, extension, 
     alteration, and purchase of fixed equipment or facilities of 
     or used by the Food and Drug Administration, where not 
     otherwise provided, $12,433,000, to remain available until 
     expended.

                           INDEPENDENT AGENCY

                       Farm Credit Administration


                 limitation on administrative expenses

       Not to exceed $49,000,000 (from assessments collected from 
     farm credit institutions, including the Federal Agricultural 
     Mortgage Corporation) shall be obligated during the current 
     fiscal year for administrative expenses as authorized under 
     12 U.S.C. 2249: Provided, That this limitation shall not 
     apply to expenses associated with receiverships.

                               TITLE VII

                           GENERAL PROVISIONS


             (including rescission and transfers of funds)

       Sec. 701. Within the unit limit of cost fixed by law, 
     appropriations and authorizations made for the Department of 
     Agriculture for the current fiscal year under this Act shall 
     be available for the purchase, in addition to those 
     specifically provided for, of not to exceed 327 passenger 
     motor vehicles, of which 315 shall be for replacement only, 
     and for the hire of such vehicles.
       Sec. 702. New obligational authority provided for the 
     following appropriation items in this Act shall remain 
     available until expended: Food Safety and Inspection Service, 
     Public Health Data Communication Infrastructure System; Farm 
     Service Agency, salaries and expenses funds made available to 
     county committees; Foreign Agricultural Service, middle-
     income country training program, and up to $2,000,000 of the 
     Foreign Agricultural Service appropriation solely for the 
     purpose of offsetting fluctuations in international currency 
     exchange rates, subject to documentation by the Foreign 
     Agricultural Service.
       Sec. 703. The Secretary of Agriculture may transfer 
     unobligated balances of discretionary funds appropriated by 
     this Act or other available unobligated discretionary 
     balances of the Department of Agriculture to the Working 
     Capital Fund for the acquisition of plant and capital 
     equipment necessary for the financial management 
     modernization initiative and the delivery of financial, 
     administrative, and information technology services of 
     primary benefit to the agencies of the Department of 
     Agriculture: Provided, That none of the funds made available 
     by this Act or any other Act shall be transferred to the 
     Working Capital Fund without the prior approval of the agency 
     administrator: Provided further, That none of the funds 
     transferred to the Working Capital Fund pursuant to this 
     section shall be available for obligation without the prior 
     approval of the Committees on Appropriations of both Houses 
     of Congress: Provided further, That none of the funds 
     appropriated by this Act or made available to the 
     Department's Working Capital Fund shall be available for 
     obligation or expenditure to make any changes to the 
     Department's National Finance Center without prior approval 
     of the Committees on Appropriations of both Houses of 
     Congress as required by section 712 of this Act.
       Sec. 704. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 705. No funds appropriated by this Act may be used to 
     pay negotiated indirect cost rates on cooperative agreements 
     or similar arrangements between the United States Department 
     of Agriculture and nonprofit institutions in excess of 10 
     percent of the total direct cost of the agreement when the 
     purpose of such cooperative arrangements is to carry out 
     programs of mutual interest between the two parties. This 
     does not preclude appropriate payment of indirect costs on 
     grants and contracts with such institutions when such 
     indirect costs are computed on a similar basis for all 
     agencies for which appropriations are provided in this Act.
       Sec. 706. Appropriations to the Department of Agriculture 
     for the cost of direct and guaranteed loans made available in 
     the current fiscal year shall remain available until expended 
     to disburse obligations made in the current fiscal year for 
     the following accounts: the Rural Development Loan Fund 
     program account, the Rural Electrification and 
     Telecommunication Loans program account, and the Rural 
     Housing Insurance Fund program account.
       Sec. 707. Of the funds made available by this Act, not more 
     than $1,800,000 shall be used to cover necessary expenses of 
     activities related to all advisory committees, panels, 
     commissions, and task forces of the Department of 
     Agriculture, except for panels used to comply with negotiated 
     rule makings and panels used to evaluate competitively 
     awarded grants.
       Sec. 708. None of the funds appropriated by this Act may be 
     used to carry out section 410 of the Federal Meat Inspection 
     Act (21 U.S.C. 679a) or section 30 of the Poultry Products 
     Inspection Act (21 U.S.C. 471).
       Sec. 709. No employee of the Department of Agriculture may 
     be detailed or assigned from an agency or office funded by 
     this Act to any other agency or office of the Department for 
     more than 30 days unless the individual's employing agency or 
     office is fully reimbursed by the receiving agency or office 
     for the salary and expenses of the employee for the period of 
     assignment.
       Sec. 710. None of the funds appropriated or otherwise made 
     available to the Department of Agriculture or the Food and 
     Drug Administration shall be used to transmit or otherwise 
     make available to any non-Department of Agriculture or non-
     Department of Health and Human Services employee questions or 
     responses to questions that are a result of information 
     requested for the appropriations hearing process.
       Sec. 711. None of the funds made available to the 
     Department of Agriculture by this Act may be used to acquire 
     new information technology systems or significant upgrades, 
     as determined by the Office of the Chief Information Officer, 
     without the approval of the Chief Information Officer and the 
     concurrence of the Executive Information Technology 
     Investment Review Board: Provided, That notwithstanding any 
     other provision of law, none of the funds appropriated or 
     otherwise made available by this Act may be transferred to 
     the Office of the Chief Information Officer without the prior 
     approval of the Committees on Appropriations of both Houses 
     of Congress: Provided further, That none of the funds 
     available to the Department of Agriculture for information 
     technology shall be obligated for projects over $25,000 prior 
     to receipt of written approval by the Chief Information 
     Officer.
       Sec. 712. (a) None of the funds provided by this Act, or 
     provided by previous Appropriations Acts to the agencies 
     funded by this Act that remain available for obligation or 
     expenditure in the current fiscal year, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure through 
     a reprogramming of funds which--
       (1) creates new programs;
       (2) eliminates a program, project, or activity;
       (3) increases funds or personnel by any means for any 
     project or activity for which funds have been denied or 
     restricted;
       (4) relocates an office or employees;
       (5) reorganizes offices, programs, or activities; or
       (6) contracts out or privatizes any functions or activities 
     presently performed by Federal employees; unless the 
     Committees on Appropriations of both Houses of Congress are 
     notified 15 days in advance of such reprogramming of funds.
       (b) None of the funds provided by this Act, or provided by 
     previous Appropriations Acts to the agencies funded by this 
     Act that remain available for obligation or expenditure in 
     the current fiscal year, or provided from any accounts in the 
     Treasury of the United States derived by the collection of 
     fees available to the agencies funded by this Act, shall be 
     available for obligation or expenditure for activities, 
     programs, or projects through a reprogramming of funds in 
     excess of $500,000 or 10 percent, which-ever is less, that: 
     (1) augments existing programs, projects, or activities; (2) 
     reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 10 percent 
     as approved by Congress; or (3) results from any general 
     savings from a reduction in personnel which would result in a 
     change in existing programs, activities, or projects as 
     approved by Congress; unless the Committees on Appropriations 
     of both Houses of Congress are notified 15 days in advance of 
     such reprogramming of funds.
       (c) The Secretary of Agriculture or the Secretary of Health 
     and Human Services shall notify the Committees on 
     Appropriations of both Houses of Congress before implementing 
     a program or activity not carried out during the previous 
     fiscal year unless the program or activity is funded by this 
     Act or specifically funded by any other Act.
       Sec. 713. None of the funds appropriated by this or any 
     other Act shall be used to pay the salaries and expenses of 
     personnel who prepare or submit appropriations language as 
     part of the President's Budget submission to the Congress of 
     the United States for programs under the jurisdiction of the 
     Appropriations Subcommittees on Agriculture,

[[Page 5611]]

     Rural Development, Food and Drug Administration, and Related 
     Agencies that assumes revenues or reflects a reduction from 
     the previous year due to user fees proposals that have not 
     been enacted into law prior to the submission of the Budget 
     unless such Budget submission identifies which additional 
     spending reductions should occur in the event the user fees 
     proposals are not enacted prior to the date of the convening 
     of a committee of conference for the fiscal year 2010 
     appropriations Act.
       Sec. 714. None of the funds made available by this or any 
     other Act may be used to close or relocate a Rural 
     Development office unless or until the Secretary of 
     Agriculture determines the cost effectiveness and/or 
     enhancement of program delivery: Provided, That not later 
     than 120 days before the date of the proposed closure or 
     relocation, the Secretary notifies the Committees on 
     Appropriation of the House and Senate, and the members of 
     Congress from the State in which the office is located of the 
     proposed closure or relocation and provides a report that 
     describes the justifications for such closures and 
     relocations.
       Sec. 715. None of the funds made available to the Food and 
     Drug Administration by this Act shall be used to close or 
     relocate, or to plan to close or relocate, the Food and Drug 
     Administration Division of Pharmaceutical Analysis in St. 
     Louis, Missouri, outside the city or county limits of St. 
     Louis, Missouri.
       Sec. 716. There is hereby appropriated $434,000, to remain 
     available until expended, for the Denali Commission to 
     address deficiencies in solid waste disposal sites which 
     threaten to contaminate rural drinking water supplies.
       Sec. 717. None of the funds appropriated or otherwise made 
     available by this or any other Act shall be used to pay the 
     salaries and expenses of personnel to carry out an 
     environmental quality incentives program authorized by 
     chapter 4 of subtitle D of title XII of the Food Security Act 
     of 1985 (16 U.S.C. 3839aa, et seq.) in excess of 
     $1,067,000,000.
       Sec. 718. None of the funds made available in fiscal year 
     2009 or preceding fiscal years for programs authorized under 
     the Food for Peace Act (7 U.S.C. 1691 et seq.) in excess of 
     $20,000,000 shall be used to reimburse the Commodity Credit 
     Corporation for the release of eligible commodities under 
     section 302(f)(2)(A) of the Bill Emerson Humanitarian Trust 
     Act (7 U.S.C. 1736f-1): Provided, That any such funds made 
     available to reimburse the Commodity Credit Corporation shall 
     only be used pursuant to section 302(b)(2)(B)(i) of the Bill 
     Emerson Humanitarian Trust Act.
        Sec. 719. No funds shall be used to pay salaries and 
     expenses of the Department of Agriculture to carry out or 
     administer the program authorized by section 14(h)(1) of the 
     Watershed Protection and Flood Prevention Act (16 U.S.C. 
     1012(h)(1)).
       Sec. 720. Funds made available under section 1240I and 
     section 1241(a) of the Food Security Act of 1985 and section 
     524(b) of the Federal Crop Insurance Act (7 U.S.C. 1524(b)) 
     in the current fiscal year shall remain available until 
     expended to disburse obligations made in the current fiscal 
     year.
       Sec. 721. Unless otherwise authorized by existing law, none 
     of the funds provided in this Act, may be used by an 
     executive branch agency to produce any prepackaged news story 
     intended for broadcast or distribution in the United States 
     unless the story includes a clear notification within the 
     text or audio of the prepackaged news story that the 
     prepackaged news story was prepared or funded by that 
     executive branch agency.
       Sec. 722. Notwithstanding any other provision of law, any 
     former RUS borrower that has repaid or prepaid an insured, 
     direct or guaranteed loan under the Rural Electrification 
     Act, or any not-for-profit utility that is eligible to 
     receive an insured or direct loan under such Act, shall be 
     eligible for assistance under section 313(b)(2)(B) of such 
     Act in the same manner as a borrower under such Act.
       Sec. 723. None of the funds appropriated or otherwise made 
     available by this or any other Act shall be used to pay the 
     salaries and expenses of personnel to carry out a program 
     under subsection (b)(2)(A)(i) of section 14222 of Public Law 
     110-246 in excess of $1,071,530,000: Provided, That none of 
     the funds made available in this Act or any other Act shall 
     be used for salaries and expenses to carry out section 
     19(i)(1)(B) of the Richard B. Russell National School Lunch 
     Act as amended by section 4304 of Public Law 110-246 in 
     excess of $16,000,000 until October 1, 2009: Provided 
     further, of the unobligated balances under section 32 of the 
     Act of August 24, 1935, $293,530,000 are hereby rescinded.
       Sec. 724. Notwithstanding any other provision of law, the 
     Secretary of Agriculture is authorized to make funding and 
     other assistance available through the emergency watershed 
     protection program under section 403 of the Agricultural 
     Credit Act of 1978 (16 U.S.C. 2203) to repair and prevent 
     damage to non-Federal land in watersheds that have been 
     impaired by fires initiated by the Federal Government and 
     shall waive cost sharing requirements for the funding and 
     assistance.
       Sec. 725. There is hereby appropriated $3,497,000, to 
     remain available until expended, for a grant to the National 
     Center for Natural Products Research for construction or 
     renovation to carry out the research objectives of the 
     natural products research grant issued by the Food and Drug 
     Administration.
       Sec. 726. There is hereby appropriated $469,000, to remain 
     available until expended, for the planning and design of 
     construction of an agriculture pest facility in the State of 
     Hawaii.
       Sec. 727. None of the funds made available in this Act may 
     be used to establish or implement a rule allowing poultry 
     products to be imported into the United States from the 
     People's Republic of China.
       Sec. 728. There is hereby appropriated $794,000 to the Farm 
     Service Agency to carry out a pilot program to demonstrate 
     the use of new technologies that increase the rate of growth 
     of re-forested hardwood trees on private non-industrial 
     forests lands, enrolling lands on the coast of the Gulf of 
     Mexico that were damaged by Hurricane Katrina in 2005.
       Sec. 729. None of the funds made available to the 
     Department of Agriculture in this Act may be used to 
     implement the risk-based inspection program in the 30 
     prototype locations announced on February 22, 2007, by the 
     Under Secretary for Food Safety, or at any other locations, 
     until the USDA Office of Inspector General has provided its 
     findings to the Food Safety and Inspection Service and the 
     Committees on Appropriations of the House of Representatives 
     and the Senate on the data used in support of the development 
     and design of the risk-based inspection program and FSIS has 
     addressed and resolved issues identified by OIG.
       Sec. 730. Notwithstanding any other provision of law, and 
     until receipt of the decennial Census in the year 2010, the 
     Secretary of Agriculture shall consider--
       (1) the City of Palmview, Texas; the City of Pharr, Texas; 
     the City of Hidalgo, Texas; the City of Alton, Texas; the 
     City of La Joya, Texas; the City of Penitas, Texas; the City 
     of Schertz, Texas; the City of Converse, Texas; the City of 
     Cibolo, Texas; and the Township of Bern, Pennsylvania 
     (including individuals and entities with projects within the 
     cities), eligible for loans and grants funded through the 
     Rural Business Program account;
       (2) the County of Nueces, Texas (including individuals and 
     entities with projects within the county), eligible under the 
     Business and Industry Loan Guarantee Program for the purposes 
     of financing a beef processing facility;
       (3) the City of Asheboro, North Carolina (including 
     individuals and entities with projects within the city), 
     eligible for loans and grants funded through the Rural 
     Community Facilities Program account;
       (4) the City of Healdsburg, California; the City of 
     Imperial, California; the City of Havelock, North Carolina; 
     and the City of Newton, North Carolina (including individuals 
     and entities with projects within the cities), eligible for 
     loans and grants funded through the Rural Water and Waste 
     Disposal Program account; and
       (5) the City of Aptos, California (including individuals 
     and entities with projects within the city), eligible for 
     loans and grants funded under the housing programs of the 
     Rural Housing Service.
       Sec. 731. There is hereby appropriated $2,347,000 for 
     section 4404 of Public Law 107-171.
       Sec. 732. Notwithstanding any other provision of law, there 
     is hereby appropriated:
       (1) $1,877,000 of which $1,408,000 shall be for a grant to 
     the Wisconsin Department of Agriculture, Trade, and Consumer 
     Protection, and $469,000 shall be for a grant to the Vermont 
     Agency of Agriculture, Foods, and Markets, as authorized by 
     section 6402 of the Farm Security and Rural Investment Act of 
     2002 (7 U.S.C. 1621 note);
       (2) $338,000 for a grant to the Wisconsin Department of 
     Agriculture, Trade and Consumer Protection; and
       (3) $94,000 for a grant to the Graham Avenue Business 
     Improvement District in the State of New York.
       Sec. 733. Section 382K(c) of the Consolidated Farm and 
     Rural Development Act (7 U.S.C. 2009aa-10(c)) is repealed.
       Sec. 734. Notwithstanding any other provision of law, the 
     Natural Resources Conservation Service shall provide 
     financial and technical assistance--
       (1) through the Watershed and Flood Prevention Operations 
     program for the Pocasset River Floodplain Management Project 
     in the State of Rhode Island;
       (2) through the Watershed and Flood Prevention Operations 
     program to carry out the East Locust Creek Watershed Plan 
     Revision in Missouri, including up to 100 percent of the 
     engineering assistance and 75 percent cost share for 
     construction cost of site RW1;
       (3) through the Watershed and Flood Prevention Operations 
     program to carry out the Little Otter Creek Watershed project 
     in Missouri. The sponsoring local organization may obtain 
     land rights by perpetual easements;
       (4) through the Watershed and Flood Prevention Operations 
     program to carry out the Churchill Woods Dam Removal project 
     in DuPage County, Illinois;
       (5) through the Watershed and Flood Prevention Operations 
     program to carry out the Dunloup Creek Watershed Project in 
     Fayette and Raleigh Counties, West Virginia;
       (6) through the Watershed and Flood Prevention Operations 
     program to carry out the

[[Page 5612]]

     Alameda Creek Watershed Project in Alameda County, 
     California;
       (7) through the Watershed and Flood Prevention Operations 
     program to carry out the Colgan Creek Restoration project in 
     Sonoma County, California;
       (8) through the Watershed and Flood Prevention Operations 
     program to carry out the Hurricane Katrina-Related Watershed 
     Restoration project in Jackson County, Mississippi;
       (9) through the Watershed and Flood Prevention Operations 
     program to carry out the Lake George Watershed Protection 
     project in Warren County, New York; and
       (10) through the Watershed and Flood Prevention Operations 
     program to carry out the Pidcock-Mill Creeks Watershed 
     project in Bucks County, Pennsylvania.
       Sec. 735. Section 17(r)(5) of the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1766(r)(5)) is amended--
       (1) by striking ``eight'' and inserting ``ten'';
       (2) by striking ``six'' and inserting ``eight''; and
       (3) by inserting ``Vermont, Maryland,'' after the first 
     instance of ``States shall be''.
       Sec. 736. Notwithstanding any other provision of law, for 
     the purposes of a grant under section 412 of the Agricultural 
     Research, Extension, and Education Reform Act of 1998, none 
     of the funds in this or any other Act may be used to prohibit 
     the provision of in-kind support from non-Federal sources 
     under section 412(e)(3) in the form of unrecovered indirect 
     costs not otherwise charged against the grant, consistent 
     with the indirect rate of cost approved for a recipient.
       Sec. 737. None of the funds made available by this Act may 
     be used to pay the salaries and expenses of any individual to 
     conduct any activities that would allow the importation into 
     the United States of any ruminant or swine, or any fresh 
     (including chilled or frozen) meat or product of any ruminant 
     or swine, that is born, raised, or slaughtered in Argentina: 
     Provided, That this section shall not prevent the Secretary 
     from conducting all necessary activities to review this 
     proposal and issue a report on the findings to the Committees 
     on Appropriations of the House and Senate: Provided further, 
     That this section shall only have effect until the Secretary 
     of Agriculture has reviewed the domestic animal health 
     aspects of the pending proposal to allow the importation of 
     such products into the United States and has issued a report 
     to the Committees on the findings of such review.
       Sec. 738. Except as otherwise specifically provided by law, 
     unobligated balances remaining available at the end of the 
     fiscal year from appropriations made available for salaries 
     and expenses in this Act for the Farm Service Agency and the 
     Rural Development mission area, shall remain available 
     through September 30, 2010, for information technology 
     expenses.
       Sec. 739. None of the funds made available in this Act may 
     be used to pay the salaries or expenses of personnel to--
       (1) inspect horses under section 3 of the Federal Meat 
     Inspection Act (21 U.S.C. 603);
       (2) inspect horses under section 903 of the Federal 
     Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901 
     note; Public Law 104-127); or
       (3) implement or enforce section 352.19 of title 9, Code of 
     Federal Regulations.
       This division may be cited as the ``Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies Appropriations Act, 2009''.

     DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2009

                                TITLE I

                         DEPARTMENT OF COMMERCE

                   International Trade Administration


                     operations and administration

       For necessary expenses for international trade activities 
     of the Department of Commerce provided for by law, and for 
     engaging in trade promotional activities abroad, including 
     expenses of grants and cooperative agreements for the purpose 
     of promoting exports of United States firms, without regard 
     to 44 U.S.C. 3702 and 3703; full medical coverage for 
     dependent members of immediate families of employees 
     stationed overseas and employees temporarily posted overseas; 
     travel and transportation of employees of the International 
     Trade Administration between two points abroad, without 
     regard to 49 U.S.C. 40118; employment of Americans and aliens 
     by contract for services; rental of space abroad for periods 
     not exceeding 10 years, and expenses of alteration, repair, 
     or improvement; purchase or construction of temporary 
     demountable exhibition structures for use abroad; payment of 
     tort claims, in the manner authorized in the first paragraph 
     of 28 U.S.C. 2672 when such claims arise in foreign 
     countries; not to exceed $327,000 for official representation 
     expenses abroad; purchase of passenger motor vehicles for 
     official use abroad, not to exceed $45,000 per vehicle; 
     obtaining insurance on official motor vehicles; and rental of 
     tie lines, $429,870,000, to remain available until September 
     30, 2010, of which $9,439,000 is to be derived from fees to 
     be retained and used by the International Trade 
     Administration, notwithstanding 31 U.S.C. 3302: Provided, 
     That not less than $48,592,000 shall be for Manufacturing and 
     Services; not less than $42,332,000 shall be for Market 
     Access and Compliance; not less than $66,357,000 shall be for 
     the Import Administration of which $5,900,000 shall be for 
     the Office of China Compliance; not less than $237,739,000 
     shall be for the United States and Foreign Commercial 
     Service; and not less than $25,411,000 shall be for Executive 
     Direction and Administration: Provided further, That the 
     provisions of the first sentence of section 105(f) and all of 
     section 108(c) of the Mutual Educational and Cultural 
     Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall 
     apply in carrying out these activities without regard to 
     section 5412 of the Omnibus Trade and Competitiveness Act of 
     1988 (15 U.S.C. 4912); and that for the purpose of this Act, 
     contributions under the provisions of the Mutual Educational 
     and Cultural Exchange Act of 1961 shall include payment for 
     assessments for services provided as part of these 
     activities: Provided further, That the International Trade 
     Administration shall be exempt from the requirements of 
     Circular A-25 (or any successor administrative regulation or 
     policy) issued by the Office of Management and Budget: 
     Provided further, That negotiations shall be conducted within 
     the World Trade Organization to recognize the right of 
     members to distribute monies collected from antidumping and 
     countervailing duties: Provided further, That negotiations 
     shall be conducted within the World Trade Organization 
     consistent with the negotiating objectives contained in the 
     Trade Act of 2002, Public Law 107-210: Provided further, That 
     within the amounts appropriated, $4,400,000 shall be used for 
     the projects, and in the amounts, specified in the 
     explanatory statement described in section 4 (in the matter 
     preceding division A of this consolidated Act).

                    Bureau of Industry and Security


                     operations and administration

       For necessary expenses for export administration and 
     national security activities of the Department of Commerce, 
     including costs associated with the performance of export 
     administration field activities both domestically and abroad; 
     full medical coverage for dependent members of immediate 
     families of employees stationed overseas; employment of 
     Americans and aliens by contract for services abroad; payment 
     of tort claims, in the manner authorized in the first 
     paragraph of 28 U.S.C. 2672 when such claims arise in foreign 
     countries; not to exceed $15,000 for official representation 
     expenses abroad; awards of compensation to informers under 
     the Export Administration Act of 1979, and as authorized by 
     22 U.S.C. 401(b); and purchase of passenger motor vehicles 
     for official use and motor vehicles for law enforcement use 
     with special requirement vehicles eligible for purchase 
     without regard to any price limitation otherwise established 
     by law, $83,676,000, to remain available until expended, of 
     which $14,767,000 shall be for inspections and other 
     activities related to national security: Provided, That the 
     provisions of the first sentence of section 105(f) and all of 
     section 108(c) of the Mutual Educational and Cultural 
     Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall 
     apply in carrying out these activities: Provided further, 
     That payments and contributions collected and accepted for 
     materials or services provided as part of such activities may 
     be retained for use in covering the cost of such activities, 
     and for providing information to the public with respect to 
     the export administration and national security activities of 
     the Department of Commerce and other export control programs 
     of the United States and other governments.

                  Economic Development Administration


                economic development assistance programs

       For grants for economic development assistance as provided 
     by the Public Works and Economic Development Act of 1965, and 
     for trade adjustment assistance, $240,000,000, to remain 
     available until expended: Provided, That of the amounts 
     provided, no more than $4,000,000 may be transferred to 
     ``Economic Development Administration, Salaries and 
     Expenses'' to conduct management oversight and administration 
     of public works grants.


                         salaries and expenses

       For necessary expenses of administering the economic 
     development assistance programs as provided for by law, 
     $32,800,000: Provided, That these funds may be used to 
     monitor projects approved pursuant to title I of the Public 
     Works Employment Act of 1976, title II of the Trade Act of 
     1974, and the Community Emergency Drought Relief Act of 1977.

                  Minority Business Development Agency


                     minority business development

       For necessary expenses of the Department of Commerce in 
     fostering, promoting, and developing minority business 
     enterprise, including expenses of grants, contracts, and 
     other agreements with public or private organizations, 
     $29,825,000: Provided, That within the amounts appropriated, 
     $825,000 shall be used for the projects, and in the amounts, 
     specified in the explanatory statement described in section 4 
     (in the matter preceding division A of this consolidated 
     Act).

[[Page 5613]]



                   Economic and Statistical Analysis


                         salaries and expenses

       For necessary expenses, as authorized by law, of economic 
     and statistical analysis programs of the Department of 
     Commerce, $90,621,000, to remain available until September 
     30, 2010.

                          Bureau of the Census


                         salaries and expenses

       For expenses necessary for collecting, compiling, 
     analyzing, preparing, and publishing statistics, provided for 
     by law, $233,588,000.


                     periodic censuses and programs

       For necessary expenses to collect and publish statistics 
     for periodic censuses and programs provided for by law, 
     $2,906,262,000, to remain available until September 30, 2010: 
     Provided, That none of the funds provided in this or any 
     other Act for any fiscal year may be used for the collection 
     of census data on race identification that does not include 
     ``some other race'' as a category: Provided further, That 
     from amounts provided herein, funds may be used for 
     additional promotion, outreach, and marketing activities: 
     Provided further, That none of the funds made available in 
     this Act shall be used for the conduct of sweepstakes in the 
     2010 Decennial Census.

       National Telecommunications and Information Administration


                         salaries and expenses

       For necessary expenses, as provided for by law, of the 
     National Telecommunications and Information Administration 
     (NTIA), $19,218,000, to remain available until September 30, 
     2010: Provided, That, notwithstanding 31 U.S.C. 1535(d), the 
     Secretary of Commerce shall charge Federal agencies for costs 
     incurred in spectrum management, analysis, operations, and 
     related services, and such fees shall be retained and used as 
     offsetting collections for costs of such spectrum services, 
     to remain available until expended: Provided further, That 
     the Secretary of Commerce is authorized to retain and use as 
     offsetting collections all funds transferred, or previously 
     transferred, from other Government agencies for all costs 
     incurred in telecommunications research, engineering, and 
     related activities by the Institute for Telecommunication 
     Sciences of NTIA, in furtherance of its assigned functions 
     under this paragraph, and such funds received from other 
     Government agencies shall remain available until expended.


    public telecommunications facilities, planning and construction

       For the administration of grants, authorized by section 392 
     of the Communications Act of 1934, $20,000,000, to remain 
     available until expended as authorized by section 391 of the 
     Act: Provided, That not to exceed $2,000,000 shall be 
     available for program administration as authorized by section 
     391 of the Act: Provided further, That, notwithstanding the 
     provisions of section 391 of the Act, the prior year 
     unobligated balances may be made available for grants for 
     projects for which applications have been submitted and 
     approved during any fiscal year.

               United States Patent and Trademark Office


                         salaries and expenses

       For necessary expenses of the United States Patent and 
     Trademark Office (USPTO) provided for by law, including 
     defense of suits instituted against the Under Secretary of 
     Commerce for Intellectual Property and Director of the United 
     States Patent and Trademark Office, $2,010,100,000, to remain 
     available until expended: Provided, That the sum herein 
     appropriated from the general fund shall be reduced as 
     offsetting collections assessed and collected pursuant to 15 
     U.S.C. 1113 and 35 U.S.C. 41 and 376 are received during 
     fiscal year 2009, so as to result in a fiscal year 2009 
     appropriation from the general fund estimated at $0: Provided 
     further, That during fiscal year 2009, should the total 
     amount of offsetting fee collections be less than 
     $2,010,100,000, this amount shall be reduced accordingly: 
     Provided further, That $750,000 may be transferred to 
     ``Departmental Management, Salaries and Expenses'' for 
     activities associated with the National Intellectual Property 
     Law Enforcement Coordination Council: Provided further, That 
     from amounts provided herein, not to exceed $1,000 shall be 
     made available in fiscal year 2009 for official reception and 
     representation expenses: Provided further, That of the 
     amounts provided to the USPTO within this account, $5,000,000 
     shall not become available for obligation until the Director 
     of the USPTO has completed a comprehensive review of the 
     assumptions behind the patent examiner expectancy goals and 
     adopted a revised set of expectancy goals for patent 
     examination: Provided further, That in fiscal year 2009 from 
     the amounts made available for ``Salaries and Expenses'' for 
     the USPTO, the amounts necessary to pay: (1) the difference 
     between the percentage of basic pay contributed by the USPTO 
     and employees under section 8334(a) of title 5, United States 
     Code, and the normal cost percentage (as defined by section 
     8331(17) of that title) of basic pay, of employees subject to 
     subchapter III of chapter 83 of that title; and (2) the 
     present value of the otherwise unfunded accruing costs, as 
     determined by the Office of Personnel Management, of post-
     retirement life insurance and post-retirement health benefits 
     coverage for all USPTO employees, shall be transferred to the 
     Civil Service Retirement and Disability Fund, the Employees 
     Life Insurance Fund, and the Employees Health Benefits Fund, 
     as appropriate, and shall be available for the authorized 
     purposes of those accounts: Provided further, That sections 
     801, 802, and 803 of division B, Public Law 108-447 shall 
     remain in effect during fiscal year 2009: Provided further, 
     That the Director may, this year, reduce by regulation fees 
     payable for documents in patent and trademark matters, in 
     connection with the filing of documents filed electronically 
     in a form prescribed by the Director: Provided further, That 
     $2,000,000 shall be transferred to Office of Inspector 
     General for activities associated with carrying out 
     investigations and audits related to the USPTO: Provided 
     further, That from the amounts provided herein, no less than 
     $4,000,000 shall be available only for the USPTO contribution 
     in a cooperative or joint agreement or agreements with a non-
     profit organization or organizations, successfully audited 
     within the previous year, and with previous experience in 
     such programs, to conduct policy studies, including studies 
     relating to activities of United Nations Specialized agencies 
     and other international organizations, as well as conferences 
     and other development programs, in support of fair 
     international protection of intellectual property rights.

             National Institute of Standards and Technology


             scientific and technical research and services

       For necessary expenses of the National Institute of 
     Standards and Technology, $472,000,000, to remain available 
     until expended, of which not to exceed $9,000,000 may be 
     transferred to the ``Working Capital Fund'': Provided, That 
     not to exceed $5,000 shall be for official reception and 
     representation expenses: Provided further, That within the 
     amounts appropriated, $3,000,000 shall be used for the 
     projects, and in the amounts, specified in the explanatory 
     statement described in section 4 (in the matter preceding 
     division A of this consolidated Act).


                     industrial technology services

       For necessary expenses of the Hollings Manufacturing 
     Extension Partnership of the National Institute of Standards 
     and Technology, $110,000,000, to remain available until 
     expended. In addition, for necessary expenses of the 
     Technology Innovation Program of the National Institute of 
     Standards and Technology, $65,000,000, to remain available 
     until expended.


                  construction of research facilities

       For construction of new research facilities, including 
     architectural and engineering design, and for renovation and 
     maintenance of existing facilities, not otherwise provided 
     for the National Institute of Standards and Technology, as 
     authorized by 15 U.S.C. 278c-278e, $172,000,000, to remain 
     available until expended, of which $30,000,000 is for a 
     competitive construction grant program for research science 
     buildings: Provided, That within the amounts appropriated, 
     $44,000,000 shall be used for the projects, and in the 
     amounts, specified in the explanatory statement described in 
     section 4 (in the matter preceding division A of this 
     consolidated Act): Provided further, That the Secretary of 
     Commerce shall include in the budget justification materials 
     that the Secretary submits to Congress in support of the 
     Department of Commerce budget (as submitted with the budget 
     of the President under section 1105(a) of title 31, United 
     States Code) an estimate for each National Institute of 
     Standards and Technology construction project having a total 
     multi-year program cost of more than $5,000,000 and 
     simultaneously the budget justification materials shall 
     include an estimate of the budgetary requirements for each 
     such project for each of the five subsequent fiscal years.

            National Oceanic and Atmospheric Administration


                  operations, research, and facilities

                     (including transfers of funds)

       For necessary expenses of activities authorized by law for 
     the National Oceanic and Atmospheric Administration, 
     including maintenance, operation, and hire of aircraft and 
     vessels; grants, contracts, or other payments to nonprofit 
     organizations for the purposes of conducting activities 
     pursuant to cooperative agreements; and relocation of 
     facilities, $3,045,549,000, to remain available until 
     September 30, 2010, except for funds provided for cooperative 
     enforcement, which shall remain available until September 30, 
     2011: Provided, That fees and donations received by the 
     National Ocean Service for the management of national marine 
     sanctuaries may be retained and used for the salaries and 
     expenses associated with those activities, notwithstanding 31 
     U.S.C. 3302: Provided further, That in addition, $3,000,000 
     shall be derived by transfer from the fund entitled ``Coastal 
     Zone Management'' and in addition $79,000,000 shall be 
     derived by transfer from the fund entitled ``Promote and 
     Develop Fishery Products and Research Pertaining to American 
     Fisheries'': Provided further, That of the $3,133,549,000 
     provided for in direct obligations under this heading 
     $3,045,549,000 is appropriated from the general fund, 
     $82,000,000 is provided by transfer, and

[[Page 5614]]

     $6,000,000 is derived from recoveries of prior year 
     obligations: Provided further, That the total amount 
     available for the National Oceanic and Atmospheric 
     Administration corporate services administrative support 
     costs shall not exceed $226,809,000: Provided further, That 
     payments of funds made available under this heading to the 
     Department of Commerce Working Capital Fund including 
     Department of Commerce General Counsel legal services shall 
     not exceed $36,583,000: Provided further, That within the 
     amounts appropriated, $129,970,000 shall be used for the 
     projects, and in the amounts, specified in the explanatory 
     statement described in section 4 (in the matter preceding 
     division A of this consolidated Act): Provided further, That 
     any deviation from the amounts designated for specific 
     activities in the report accompanying this Act, or any use of 
     deobligated balances of funds provided under this heading in 
     previous years, shall be subject to the procedures set forth 
     in section 505 of this Act: Provided further, That in 
     allocating grants under sections 306 and 306A of the Coastal 
     Zone Management Act of 1972, as amended, no coastal State 
     shall receive more than 5 percent or less than 1 percent of 
     increased funds appropriated over the previous fiscal year: 
     Provided further, That the number of authorized officers in 
     the NOAA Commissioned Officer Corps shall remain at 321 until 
     such time as section 6 of Public Law 110-386 takes effect.
       In addition, for necessary retired pay expenses under the 
     Retired Serviceman's Family Protection and Survivor Benefits 
     Plan, and for payments for the medical care of retired 
     personnel and their dependents under the Dependents Medical 
     Care Act (10 U.S.C. 55), such sums as may be necessary.


               procurement, acquisition and construction

       For procurement, acquisition and construction of capital 
     assets, including alteration and modification costs, of the 
     National Oceanic and Atmospheric Administration, 
     $1,243,647,000, to remain available until September 30, 2011, 
     except funds provided for construction of facilities which 
     shall remain available until expended: Provided, That of the 
     $1,245,647,000 provided for in direct obligations under this 
     heading $1,243,647,000 is appropriated from the general fund 
     and $2,000,000 is provided from recoveries of prior year 
     obligations: Provided further, That of the amounts provided 
     for the National Polar-orbiting Operational Environmental 
     Satellite System, funds shall only be made available on a 
     dollar-for-dollar matching basis with funds provided for the 
     same purpose by the Department of Defense: Provided further, 
     That except to the extent expressly prohibited by any other 
     law, the Department of Defense may delegate procurement 
     functions related to the National Polar-orbiting Operational 
     Environmental Satellite System to officials of the Department 
     of Commerce pursuant to section 2311 of title 10, United 
     States Code: Provided further, That any deviation from the 
     amounts designated for specific activities in the report 
     accompanying this Act, or any use of deobligated balances of 
     funds provided under this heading in previous years, shall be 
     subject to the procedures set forth in section 505 of this 
     Act: Provided further, That within the amounts appropriated, 
     $29,610,000 shall be used for the projects, and in the 
     amounts, specified in the explanatory statement described in 
     section 4 (in the matter preceding division A of this 
     consolidated Act).


                    pacific coastal salmon recovery

       For necessary expenses associated with the restoration of 
     Pacific salmon populations, $80,000,000, to remain available 
     until September 30, 2010: Provided, That of the funds 
     provided herein the Secretary of Commerce may issue grants to 
     the States of Washington, Oregon, Idaho, Nevada, California, 
     and Alaska, and Federally-recognized tribes of the Columbia 
     River and Pacific Coast for projects necessary for 
     restoration of salmon and steelhead populations that are 
     listed as threatened or endangered, or identified by a State 
     as at-risk to be so-listed, for maintaining populations 
     necessary for exercise of tribal treaty fishing rights or 
     native subsistence fishing, or for conservation of Pacific 
     coastal salmon and steelhead habitat, based on guidelines to 
     be developed by the Secretary of Commerce: Provided further, 
     That funds disbursed to States shall be subject to a matching 
     requirement of funds or documented in-kind contributions of 
     at least 33 percent of the Federal funds.


                      coastal zone management fund

                     (including transfer of funds)

       Of amounts collected pursuant to section 308 of the Coastal 
     Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed 
     $3,000,000 shall be transferred to the ``Operations, 
     Research, and Facilities'' account to offset the costs of 
     implementing such Act.


                   fisheries finance program account

       Subject to section 502 of the Congressional Budget Act of 
     1974, during fiscal year 2009, obligations of direct loans 
     may not exceed $8,000,000 for Individual Fishing Quota loans 
     and not to exceed $59,000,000 for traditional direct loans as 
     authorized by the Merchant Marine Act of 1936: Provided, That 
     none of the funds made available under this heading may be 
     used for direct loans for any new fishing vessel that will 
     increase the harvesting capacity in any United States 
     fishery.

                        Departmental Management


                         salaries and expenses

       For expenses necessary for the departmental management of 
     the Department of Commerce provided for by law, including not 
     to exceed $5,000 for official entertainment, $53,000,000: 
     Provided, That the Secretary, within 120 days of enactment of 
     this Act, shall provide a report to the Committees on 
     Appropriations that audits and evaluates all decision 
     documents and expenditures by the Bureau of the Census as 
     they relate to the 2010 Census: Provided further, That of the 
     amounts provided to the Secretary within this account, 
     $5,000,000 shall not become available for obligation until 
     the Secretary certifies to the Committees on Appropriations 
     that the Bureau of the Census has followed and met all 
     standards and best practices, and all Office of Management 
     and Budget guidelines related to information technology 
     projects and contract management.


        herbert c. hoover building renovation and modernization

       For expenses necessary, including blast windows, for the 
     renovation and modernization of the Herbert C. Hoover 
     Building, $5,000,000, to remain available until expended.


                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978 (5 U.S.C. App.), $25,800,000.

               General Provisions--Department of Commerce


                     (including transfer of funds)

       Sec. 101.  During the current fiscal year, applicable 
     appropriations and funds made available to the Department of 
     Commerce by this Act shall be available for the activities 
     specified in the Act of October 26, 1949 (15 U.S.C. 1514), to 
     the extent and in the manner prescribed by the Act, and, 
     notwithstanding 31 U.S.C. 3324, may be used for advanced 
     payments not otherwise authorized only upon the certification 
     of officials designated by the Secretary of Commerce that 
     such payments are in the public interest.
       Sec. 102.  During the current fiscal year, appropriations 
     made available to the Department of Commerce by this Act for 
     salaries and expenses shall be available for hire of 
     passenger motor vehicles as authorized by 31 U.S.C. 1343 and 
     1344; services as authorized by 5 U.S.C. 3109; and uniforms 
     or allowances therefor, as authorized by law (5 U.S.C. 5901-
     5902).
       Sec. 103.  Not to exceed 5 percent of any appropriation 
     made available for the current fiscal year for the Department 
     of Commerce in this Act may be transferred between such 
     appropriations, but no such appropriation shall be increased 
     by more than 10 percent by any such transfers: Provided, That 
     any transfer pursuant to this section shall be treated as a 
     reprogramming of funds under section 505 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section: 
     Provided further, That the Secretary of Commerce shall notify 
     the Committees on Appropriations at least 15 days in advance 
     of the acquisition or disposal of any capital asset 
     (including land, structures, and equipment) not specifically 
     provided for in this Act or any other law appropriating funds 
     for the Department of Commerce: Provided further, That for 
     the National Oceanic and Atmospheric Administration this 
     section shall provide for transfers among appropriations made 
     only to the National Oceanic and Atmospheric Administration 
     and such appropriations may not be transferred and 
     reprogrammed to other Department of Commerce bureaus and 
     appropriation accounts.
       Sec. 104.  Any costs incurred by a department or agency 
     funded under this title resulting from personnel actions 
     taken in response to funding reductions included in this 
     title or from actions taken for the care and protection of 
     loan collateral or grant property shall be absorbed within 
     the total budgetary resources available to such department or 
     agency: Provided, That the authority to transfer funds 
     between appropriations accounts as may be necessary to carry 
     out this section is provided in addition to authorities 
     included elsewhere in this Act: Provided further, That use of 
     funds to carry out this section shall be treated as a 
     reprogramming of funds under section 505 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section.
       Sec. 105. Hereafter, notwithstanding any other provision of 
     law, no funds appropriated under this Act or any other Act 
     shall be used to register, issue, transfer, or enforce any 
     trademark of the phrase ``Last Best Place''.
       Sec. 106. Hereafter, the Secretary of Commerce is permitted 
     to prescribe and enforce standards or regulations affecting 
     safety and health in the context of scientific and 
     occupational diving within the National Oceanic and 
     Atmospheric Administration.
       Sec. 107. The requirements set forth by section 112 of 
     division B of Public Law 110-161 are hereby adopted by 
     reference.

[[Page 5615]]

       Sec. 108.  Notwithstanding any other law, the Secretary may 
     furnish services (including but not limited to utilities, 
     telecommunications, and security services) necessary to 
     support the operation, maintenance, and improvement of space 
     that persons, firms or organizations are authorized pursuant 
     to the Public Buildings Cooperative Use Act of 1976 or other 
     authority to use or occupy in the Herbert C. Hoover Building, 
     Washington, D.C., or other buildings, the maintenance, 
     operation, and protection of which has been delegated to the 
     Secretary from the Administrator of General Services pursuant 
     to the Federal Property and Administrative Services Act of 
     1949, as amended, on a reimbursable or non-reimbursable 
     basis. Amounts received as reimbursement for services 
     provided under this section or the authority under which the 
     use or occupancy of the space is authorized, up to $200,000, 
     shall be credited to the appropriation or fund which 
     initially bears the costs of such services.
       Sec. 109. The amounts made available under section 213 of 
     Public Law 108-199 for a New England lobster fishing capacity 
     reduction program shall be available for transfer by the 
     National Oceanic and Atmospheric Administration from the 
     Fisheries Finance Program Account to the Operations, 
     Research, and Facilities appropriation, to remain available 
     until expended, for the Southern New England Cooperative 
     Research Initiative for cooperative research, marine debris 
     removal, and gear modification for conservation in Rhode 
     Island.
       Sec. 110. Section (d)(2)(A) of title 16 U.S.C. 3645 is 
     amended by inserting ``Nevada,'' after ``Idaho,''.
       Sec. 111. With the consent of the President, the Secretary 
     of Commerce shall represent the United States Government in 
     negotiating and monitoring international agreements regarding 
     fisheries, marine mammals, or sea turtles: Provided, That the 
     Secretary of Commerce shall be responsible for the 
     development and interdepartmental coordination of the 
     policies of the United States with respect to the 
     international negotiations and agreements referred to in this 
     section.
        This title may be cited as the ``Department of Commerce 
     Appropriations Act, 2009''.

                                TITLE II

                         DEPARTMENT OF JUSTICE

                         General Administration


                         salaries and expenses

       For expenses necessary for the administration of the 
     Department of Justice, $105,805,000, of which not to exceed 
     $4,000,000 for security and construction of Department of 
     Justice facilities shall remain available until expended: 
     Provided, That the Attorney General is authorized to transfer 
     funds appropriated within General Administration to any 
     office in this account: Provided further, That $13,213,000 is 
     for Department Leadership; $7,834,000 is for 
     Intergovernmental Relations/External Affairs; $12,254,000 is 
     for Executive Support/Professional Responsibility; and 
     $72,504,000 is for the Justice Management Division: Provided 
     further, That any change in amounts specified in the 
     preceding proviso greater than 5 percent shall be submitted 
     for approval to the House and Senate Committees on 
     Appropriations consistent with the terms of section 505 of 
     this Act: Provided further, That this transfer authority is 
     in addition to transfers authorized under section 505 of this 
     Act.


                 justice information sharing technology

       For necessary expenses for information sharing technology, 
     including planning, development, deployment and departmental 
     direction, $80,000,000, to remain available until expended, 
     of which $7,132,000 is for the unified financial management 
     system.


            tactical law enforcement wireless communications

       For the costs of developing and implementing a nation-wide 
     Integrated Wireless Network supporting Federal law 
     enforcement, and for the costs of operations and maintenance 
     of existing Land Mobile Radio legacy systems, $185,000,000, 
     to remain available until expended: Provided, That the 
     Attorney General shall transfer to this account all funds 
     made available to the Department of Justice for the purchase 
     of portable and mobile radios: Provided further, That any 
     transfer made under the preceding proviso shall be subject to 
     section 505 of this Act.


                   Administrative Review and Appeals

       For expenses necessary for the administration of pardon and 
     clemency petitions and immigration-related activities, 
     $270,000,000, of which $4,000,000 shall be derived by 
     transfer from the Executive Office for Immigration Review 
     fees deposited in the ``Immigration Examinations Fee'' 
     account.


                           detention trustee

       For necessary expenses of the Federal Detention Trustee, 
     $1,295,319,000, to remain available until expended: Provided, 
     That the Trustee shall be responsible for managing the 
     Justice Prisoner and Alien Transportation System: Provided 
     further, That not to exceed $5,000,000 shall be considered 
     ``funds appropriated for State and local law enforcement 
     assistance'' pursuant to 18 U.S.C. 4013(b).


                      Office of Inspector General

       For necessary expenses of the Office of Inspector General, 
     $75,681,000, including not to exceed $10,000 to meet 
     unforeseen emergencies of a confidential character.

                    United States Parole Commission


                         salaries and expenses

       For necessary expenses of the United States Parole 
     Commission as authorized, $12,570,000.

                            Legal Activities


            salaries and expenses, general legal activities

                     (including transfer of funds)

       For expenses necessary for the legal activities of the 
     Department of Justice, not otherwise provided for, including 
     not to exceed $20,000 for expenses of collecting evidence, to 
     be expended under the direction of, and to be accounted for 
     solely under the certificate of, the Attorney General; and 
     rent of private or Government-owned space in the District of 
     Columbia, $804,007,000, of which not to exceed $10,000,000 
     for litigation support contracts shall remain available until 
     expended: Provided, That of the total amount appropriated, 
     not to exceed $10,000 shall be available to the United States 
     National Central Bureau, INTERPOL, for official reception and 
     representation expenses: Provided further, That 
     notwithstanding section 205 of this Act, upon a determination 
     by the Attorney General that emergent circumstances require 
     additional funding for litigation activities of the Civil 
     Division, the Attorney General may transfer such amounts to 
     ``Salaries and Expenses, General Legal Activities'' from 
     available appropriations for the current fiscal year for the 
     Department of Justice, as may be necessary to respond to such 
     circumstances: Provided further, That any transfer pursuant 
     to the previous proviso shall be treated as a reprogramming 
     under section 505 of this Act and shall not be available for 
     obligation or expenditure except in compliance with the 
     procedures set forth in that section: Provided further, That 
     of the amount appropriated, such sums as may be necessary 
     shall be available to reimburse the Office of Personnel 
     Management for salaries and expenses associated with the 
     Federal observer program under section 8 of the Voting Rights 
     Act of 1965 (42 U.S.C. 1973f): Provided further, That of the 
     amounts provided under this heading for the Federal observer 
     program $3,390,000 shall remain available until expended, of 
     which $1,090,000, previously transferred to the Department of 
     Justice by the Office of Personnel Management under section 
     126 of division A of Public Law 110-329, shall be transferred 
     back to the Office of Personnel Management by the Department 
     of Justice.
       In addition, for reimbursement of expenses of the 
     Department of Justice associated with processing cases under 
     the National Childhood Vaccine Injury Act of 1986, not to 
     exceed $7,833,000, to be appropriated from the Vaccine Injury 
     Compensation Trust Fund.


               salaries and expenses, antitrust division

       For expenses necessary for the enforcement of antitrust and 
     kindred laws, $157,788,000, to remain available until 
     expended: Provided, That notwithstanding any other provision 
     of law, fees collected for premerger notification filings 
     under the Hart-Scott-Rodino Antitrust Improvements Act of 
     1976 (15 U.S.C. 18a), regardless of the year of collection 
     (and estimated to be $157,788,000 in fiscal year 2009), shall 
     be retained and used for necessary expenses in this 
     appropriation, and shall remain available until expended: 
     Provided further, That the sum herein appropriated from the 
     general fund shall be reduced as such offsetting collections 
     are received during fiscal year 2009, so as to result in a 
     final fiscal year 2009 appropriation from the general fund 
     estimated at $0.


             salaries and expenses, united states attorneys

       For necessary expenses of the Offices of the United States 
     Attorneys, including inter-governmental and cooperative 
     agreements, $1,836,336,000: Provided, That of the total 
     amount appropriated, not to exceed $8,000 shall be available 
     for official reception and representation expenses: Provided 
     further, That not to exceed $25,000,000 shall remain 
     available until expended: Provided further, That of the 
     amount provided under this heading, not less than $33,600,000 
     shall be used for salaries and expenses for assistant U.S. 
     Attorneys to carry out section 704 of the Adam Walsh Child 
     Protection and Safety Act of 2006 (Public Law 109-248) 
     concerning the prosecution of offenses relating to the sexual 
     exploitation of children.


                   united states trustee system fund

       For necessary expenses of the United States Trustee 
     Program, as authorized, $217,416,000, to remain available 
     until expended and to be derived from the United States 
     Trustee System Fund: Provided, That notwithstanding any other 
     provision of law, deposits to the Fund shall be available in 
     such amounts as may be necessary to pay refunds due 
     depositors: Provided further, That, notwithstanding any other 
     provision of law, $160,000,000 of offsetting collections 
     pursuant to 28 U.S.C. 589a(b) shall be retained and used for 
     necessary expenses in this appropriation and shall remain 
     available until expended: Provided further, That the sum 
     herein appropriated from the Fund shall be reduced as such 
     offsetting collections are received during fiscal year 2009, 
     so as to result in a final

[[Page 5616]]

     fiscal year 2009 appropriation from the Fund estimated at 
     $52,416,000.


      salaries and expenses, foreign claims settlement commission

       For expenses necessary to carry out the activities of the 
     Foreign Claims Settlement Commission, including services as 
     authorized by section 3109 of title 5, United States Code, 
     $1,823,000.


                     fees and expenses of witnesses

       For fees and expenses of witnesses, for expenses of 
     contracts for the procurement and supervision of expert 
     witnesses, for private counsel expenses, including advances, 
     and for expenses of foreign counsel, $168,300,000, to remain 
     available until expended: Provided, That not to exceed 
     $10,000,000 may be made available for construction of 
     buildings for protected witness safesites: Provided further, 
     That not to exceed $3,000,000 may be made available for the 
     purchase and maintenance of armored and other vehicles for 
     witness security caravans: Provided further, That not to 
     exceed $9,000,000 may be made available for the purchase, 
     installation, maintenance, and upgrade of secure 
     telecommunications equipment and a secure automated 
     information network to store and retrieve the identities and 
     locations of protected witnesses.


           salaries and expenses, community relations service

       For necessary expenses of the Community Relations Service, 
     $9,873,000: Provided, That notwithstanding section 205 of 
     this Act, upon a determination by the Attorney General that 
     emergent circumstances require additional funding for 
     conflict resolution and violence prevention activities of the 
     Community Relations Service, the Attorney General may 
     transfer such amounts to the Community Relations Service, 
     from available appropriations for the current fiscal year for 
     the Department of Justice, as may be necessary to respond to 
     such circumstances: Provided further, That any transfer 
     pursuant to the preceding proviso shall be treated as a 
     reprogramming under section 505 of this Act and shall not be 
     available for obligation or expenditure except in compliance 
     with the procedures set forth in that section.


                         assets forfeiture fund

       For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and 
     (G), $20,990,000, to be derived from the Department of 
     Justice Assets Forfeiture Fund.

                     United States Marshals Service


                         salaries and expenses

       For necessary expenses of the United States Marshals 
     Service, $950,000,000; of which not to exceed $30,000 shall 
     be available for official reception and representation 
     expenses; of which not to exceed $4,000,000 shall remain 
     available until expended for information technology systems; 
     and of which not less than $12,625,000 shall be available for 
     the costs of courthouse security equipment, including 
     furnishings, relocations, and telephone systems and cabling, 
     and shall remain available until expended.


                              construction

       For construction in space controlled, occupied or utilized 
     by the United States Marshals Service for prisoner holding 
     and related support, $4,000,000, to remain available until 
     expended.

                       National Security Division


                         salaries and expenses

       For expenses necessary to carry out the activities of the 
     National Security Division, $83,789,000; of which not to 
     exceed $5,000,000 for information technology systems shall 
     remain available until expended: Provided, That 
     notwithstanding section 205 of this Act, upon a determination 
     by the Attorney General that emergent circumstances require 
     additional funding for the activities of the National 
     Security Division, the Attorney General may transfer such 
     amounts to this heading from available appropriations for the 
     current fiscal year for the Department of Justice, as may be 
     necessary to respond to such circumstances: Provided further, 
     That any transfer pursuant to the preceding proviso shall be 
     treated as a reprogramming under section 505 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section.

                      Interagency Law Enforcement


                 interagency crime and drug enforcement

       For necessary expenses for the identification, 
     investigation, and prosecution of individuals associated with 
     the most significant drug trafficking and affiliated money 
     laundering organizations not otherwise provided for, to 
     include inter-governmental agreements with State and local 
     law enforcement agencies engaged in the investigation and 
     prosecution of individuals involved in organized crime drug 
     trafficking, $515,000,000, of which $50,000,000 shall remain 
     available until expended: Provided, That any amounts 
     obligated from appropriations under this heading may be used 
     under authorities available to the organizations reimbursed 
     from this appropriation.

                    Federal Bureau of Investigation


                         salaries and expenses

       For necessary expenses of the Federal Bureau of 
     Investigation for detection, investigation, and prosecution 
     of crimes against the United States; $7,065,100,000; of which 
     not to exceed $150,000,000 shall remain available until 
     expended: Provided, That not to exceed $205,000 shall be 
     available for official reception and representation expenses.


                              construction

       For necessary expenses to construct or acquire buildings 
     and sites by purchase, or as otherwise authorized by law 
     (including equipment for such buildings); conversion and 
     extension of federally-owned buildings; and preliminary 
     planning and design of projects; $153,491,000, to remain 
     available until expended.

                    Drug Enforcement Administration


                         salaries and expenses

       For necessary expenses of the Drug Enforcement 
     Administration, including not to exceed $70,000 to meet 
     unforeseen emergencies of a confidential character pursuant 
     to 28 U.S.C. 530C; and expenses for conducting drug education 
     and training programs, including travel and related expenses 
     for participants in such programs and the distribution of 
     items of token value that promote the goals of such programs, 
     $1,939,084,000; of which not to exceed $75,000,000 shall 
     remain available until expended; and of which not to exceed 
     $100,000 shall be available for official reception and 
     representation expenses.

          Bureau of Alcohol, Tobacco, Firearms and Explosives


                         salaries and expenses

       For necessary expenses of the Bureau of Alcohol, Tobacco, 
     Firearms and Explosives, not to exceed $40,000 for official 
     reception and representation expenses; for training of State 
     and local law enforcement agencies with or without 
     reimbursement, including training in connection with the 
     training and acquisition of canines for explosives and fire 
     accelerants detection; and for provision of laboratory 
     assistance to State and local law enforcement agencies, with 
     or without reimbursement, $1,054,215,000, of which not to 
     exceed $1,000,000 shall be available for the payment of 
     attorneys' fees as provided by section 924(d)(2) of title 18, 
     United States Code; and of which $10,000,000 shall remain 
     available until expended: Provided, That no funds 
     appropriated herein shall be available for salaries or 
     administrative expenses in connection with consolidating or 
     centralizing, within the Department of Justice, the records, 
     or any portion thereof, of acquisition and disposition of 
     firearms maintained by Federal firearms licensees: Provided 
     further, That no funds appropriated herein shall be used to 
     pay administrative expenses or the compensation of any 
     officer or employee of the United States to implement an 
     amendment or amendments to 27 CFR 478.118 or to change the 
     definition of ``Curios or relics'' in 27 CFR 478.11 or remove 
     any item from ATF Publication 5300.11 as it existed on 
     January 1, 1994: Provided further, That none of the funds 
     appropriated herein shall be available to investigate or act 
     upon applications for relief from Federal firearms 
     disabilities under 18 U.S.C. 925(c): Provided further, That 
     such funds shall be available to investigate and act upon 
     applications filed by corporations for relief from Federal 
     firearms disabilities under section 925(c) of title 18, 
     United States Code: Provided further, That no funds made 
     available by this or any other Act may be used to transfer 
     the functions, missions, or activities of the Bureau of 
     Alcohol, Tobacco, Firearms and Explosives to other agencies 
     or Departments in fiscal year 2009: Provided further, That, 
     beginning in fiscal year 2009 and thereafter, no funds 
     appropriated under this or any other Act may be used to 
     disclose part or all of the contents of the Firearms Trace 
     System database maintained by the National Trace Center of 
     the Bureau of Alcohol, Tobacco, Firearms and Explosives or 
     any information required to be kept by licensees pursuant to 
     section 923(g) of title 18, United States Code, or required 
     to be reported pursuant to paragraphs (3) and (7) of such 
     section 923(g), except to: (1) a Federal, State, local, 
     tribal, or foreign law enforcement agency, or a Federal, 
     State, or local prosecutor, solely in connection with and for 
     use in a criminal investigation or prosecution; or (2) a 
     Federal agency for a national security or intelligence 
     purpose; and all such data shall be immune from legal 
     process, shall not be subject to subpoena or other discovery, 
     shall be inadmissible in evidence, and shall not be used, 
     relied on, or disclosed in any manner, nor shall testimony or 
     other evidence be permitted based on the data, in a civil 
     action in any State (including the District of Columbia) or 
     Federal court or in an administrative proceeding other than a 
     proceeding commenced by the Bureau of Alcohol, Tobacco, 
     Firearms and Explosives to enforce the provisions of chapter 
     44 of such title, or a review of such an action or 
     proceeding; except that this proviso shall not be construed 
     to prevent: (A) the disclosure of statistical information 
     concerning total production, importation, and exportation by 
     each licensed importer (as defined in section 921(a)(9) of 
     such title) and licensed manufacturer (as defined in section 
     921(a)(10) of such title); (B) the sharing or exchange of 
     such information among and between Federal, State, local, or 
     foreign law enforcement agencies, Federal, State, or local 
     prosecutors, and Federal national security, intelligence, or 
     counterterrorism officials; or (C)

[[Page 5617]]

     the publication of annual statistical reports on products 
     regulated by the Bureau of Alcohol, Tobacco, Firearms and 
     Explosives, including total production, importation, and 
     exportation by each licensed importer (as so defined) and 
     licensed manufacturer (as so defined), or statistical 
     aggregate data regarding firearms traffickers and trafficking 
     channels, or firearms misuse, felons, and trafficking 
     investigations: Provided further, That no funds made 
     available by this or any other Act shall be expended to 
     promulgate or implement any rule requiring a physical 
     inventory of any business licensed under section 923 of title 
     18, United States Code: Provided further, That no funds under 
     this Act may be used to electronically retrieve information 
     gathered pursuant to 18 U.S.C. 923(g)(4) by name or any 
     personal identification code: Provided further, That no funds 
     authorized or made available under this or any other Act may 
     be used to deny any application for a license under section 
     923 of title 18, United States Code, or renewal of such a 
     license due to a lack of business activity, provided that the 
     applicant is otherwise eligible to receive such a license, 
     and is eligible to report business income or to claim an 
     income tax deduction for business expenses under the Internal 
     Revenue Code of 1986.

                         Federal Prison System


                         salaries and expenses

       For necessary expenses of the Federal Prison System for the 
     administration, operation, and maintenance of Federal penal 
     and correctional institutions, including purchase (not to 
     exceed 810, of which 766 are for replacement only) and hire 
     of law enforcement and passenger motor vehicles, and for the 
     provision of technical assistance and advice on corrections 
     related issues to foreign governments, $5,595,754,000: 
     Provided, That the Attorney General may transfer to the 
     Health Resources and Services Administration such amounts as 
     may be necessary for direct expenditures by that 
     Administration for medical relief for inmates of Federal 
     penal and correctional institutions: Provided further, That 
     the Director of the Federal Prison System, where necessary, 
     may enter into contracts with a fiscal agent or fiscal 
     intermediary claims processor to determine the amounts 
     payable to persons who, on behalf of the Federal Prison 
     System, furnish health services to individuals committed to 
     the custody of the Federal Prison System: Provided further, 
     That not to exceed $6,000 shall be available for official 
     reception and representation expenses: Provided further, That 
     not to exceed $50,000,000 shall remain available for 
     necessary operations until September 30, 2010: Provided 
     further, That, of the amounts provided for contract 
     confinement, not to exceed $20,000,000 shall remain available 
     until expended to make payments in advance for grants, 
     contracts and reimbursable agreements, and other expenses 
     authorized by section 501(c) of the Refugee Education 
     Assistance Act of 1980 (8 U.S.C. 1522 note), for the care and 
     security in the United States of Cuban and Haitian entrants: 
     Provided further, That the Director of the Federal Prison 
     System may accept donated property and services relating to 
     the operation of the prison card program from a not-for-
     profit entity which has operated such program in the past 
     notwithstanding the fact that such not-for-profit entity 
     furnishes services under contracts to the Federal Prison 
     System relating to the operation of pre-release services, 
     halfway houses, or other custodial facilities.


                        buildings and facilities

       For planning, acquisition of sites and construction of new 
     facilities; purchase and acquisition of facilities and 
     remodeling, and equipping of such facilities for penal and 
     correctional use, including all necessary expenses incident 
     thereto, by contract or force account; and constructing, 
     remodeling, and equipping necessary buildings and facilities 
     at existing penal and correctional institutions, including 
     all necessary expenses incident thereto, by contract or force 
     account, $575,807,000, to remain available until expended, of 
     which not less than $110,627,000 shall be available only for 
     modernization, maintenance and repair, and of which not to 
     exceed $14,000,000 shall be available to construct areas for 
     inmate work programs: Provided, That labor of United States 
     prisoners may be used for work performed under this 
     appropriation.


                federal prison industries, incorporated

       The Federal Prison Industries, Incorporated, is hereby 
     authorized to make such expenditures, within the limits of 
     funds and borrowing authority available, and in accord with 
     the law, and to make such contracts and commitments, without 
     regard to fiscal year limitations as provided by section 9104 
     of title 31, United States Code, as may be necessary in 
     carrying out the program set forth in the budget for the 
     current fiscal year for such corporation, including purchase 
     (not to exceed five for replacement only) and hire of 
     passenger motor vehicles.


   limitation on administrative expenses, federal prison industries, 
                              incorporated

       Not to exceed $2,328,000 of the funds of the Federal Prison 
     Industries, Incorporated shall be available for its 
     administrative expenses, and for services as authorized by 
     section 3109 of title 5, United States Code, to be computed 
     on an accrual basis to be determined in accordance with the 
     corporation's current prescribed accounting system, and such 
     amounts shall be exclusive of depreciation, payment of 
     claims, and expenditures which such accounting system 
     requires to be capitalized or charged to cost of commodities 
     acquired or produced, including selling and shipping 
     expenses, and expenses in connection with acquisition, 
     construction, operation, maintenance, improvement, 
     protection, or disposition of facilities and other property 
     belonging to the corporation or in which it has an interest.

               State and Local Law Enforcement Activities

                    Office on Violence Against Women


       violence against women prevention and prosecution programs

       For grants, contracts, cooperative agreements, and other 
     assistance for the prevention and prosecution of violence 
     against women, as authorized by the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) (``the 1968 
     Act''); the Violent Crime Control and Law Enforcement Act of 
     1994 (Public Law 103-322) (``the 1994 Act''); the Victims of 
     Child Abuse Act of 1990 (Public Law 101-647) (``the 1990 
     Act''); the Prosecutorial Remedies and Other Tools to end the 
     Exploitation of Children Today Act of 2003 (Public Law 108-
     21); the Juvenile Justice and Delinquency Prevention Act of 
     1974 (42 U.S.C. 5601 et seq.) (``the 1974 Act''); the Victims 
     of Trafficking and Violence Protection Act of 2000 (Public 
     Law 106-386) (``the 2000 Act''); and the Violence Against 
     Women and Department of Justice Reauthorization Act of 2005 
     (Public Law 109-162) (``the 2005 Act''); and for related 
     victims services, $415,000,000, to remain available until 
     expended: Provided, That except as otherwise provided by law, 
     not to exceed 3 percent of funds made available under this 
     heading may be used for expenses related to evaluation, 
     training, and technical assistance: Provided further, That of 
     the amount provided (which shall be by transfer, for programs 
     administered by the Office of Justice Programs)--
       (1) $15,000,000 for the court-appointed special advocate 
     program, as authorized by section 217 of the 1990 Act;
       (2) $2,500,000 for child abuse training programs for 
     judicial personnel and practitioners, as authorized by 
     section 222 of the 1990 Act;
       (3) $190,000,000 for grants to combat violence against 
     women, as authorized by part T of the 1968 Act, of which--
       (A) $18,000,000 shall be for transitional housing 
     assistance grants for victims of domestic violence, stalking 
     or sexual assault as authorized by section 40299 of the 1994 
     Act; and
       (B) $1,880,000 shall be for the National Institute of 
     Justice for research and evaluation of violence against women 
     and related issues addressed by grant programs of the Office 
     on Violence Against Women;
       (4) $60,000,000 for grants to encourage arrest policies as 
     authorized by part U of the 1968 Act;
       (5) $12,000,000 for sexual assault victims assistance, as 
     authorized by section 41601 of the 1994 Act;
       (6) $41,000,000 for rural domestic violence and child abuse 
     enforcement assistance grants, as authorized by section 40295 
     of the 1994 Act;
       (7) $3,500,000 for training programs as authorized by 
     section 40152 of the 1994 Act, and for related local 
     demonstration projects;
       (8) $3,000,000 for grants to improve the stalking and 
     domestic violence databases, as authorized by section 40602 
     of the 1994 Act;
       (9) $9,500,000 for grants to reduce violent crimes against 
     women on campus, as authorized by section 304 of the 2005 
     Act;
       (10) $37,000,000 for legal assistance for victims, as 
     authorized by section 1201 of the 2000 Act;
       (11) $4,250,000 for enhanced training and services to end 
     violence against and abuse of women in later life, as 
     authorized by section 40802 of the 1994 Act;
       (12) $14,000,000 for the safe havens for children program, 
     as authorized by section 1301 of the 2000 Act;
       (13) $6,750,000 for education and training to end violence 
     against and abuse of women with disabilities, as authorized 
     by section 1402 of the 2000 Act;
       (14) $3,000,000 for an engaging men and youth in prevention 
     program, as authorized by section 41305 of the 1994 Act;
       (15) $1,000,000 for analysis and research on violence 
     against Indian women, as authorized by section 904 of the 
     2005 Act;
       (16) $1,000,000 for tracking of violence against Indian 
     women, as authorized by section 905 of the 2005 Act;
       (17) $3,500,000 for services to advocate and respond to 
     youth, as authorized by section 41201 of the 1994 Act;
       (18) $3,000,000 for grants to assist children and youth 
     exposed to violence, as authorized by section 41303 of the 
     1994 Act;
       (19) $3,000,000 for the court training and improvements 
     program, as authorized by section 41002 of the 1994 Act;
       (20) $1,000,000 for the National Resource Center on 
     Workplace Responses to assist victims of domestic violence, 
     as authorized by section 41501 of the 1994 Act; and
       (21) $1,000,000 for grants for televised testimony, as 
     authorized by part N of title I of the 1968 Act.

[[Page 5618]]



                       Office of Justice Programs


                           justice assistance

       For grants, contracts, cooperative agreements, and other 
     assistance authorized by title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968; the Missing Children's 
     Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial 
     Remedies and Other Tools to end the Exploitation of Children 
     Today Act of 2003 (Public Law 108-21); the Justice for All 
     Act of 2004 (Public Law 108-405); the Violence Against Women 
     and Department of Justice Reauthorization Act of 2005 (Public 
     Law 109-162); the Victims of Child Abuse Act of 1990 (Public 
     Law 101-647); the Victims of Crime Act of 1984 (Public Law 
     98-473); the Adam Walsh Child Protection and Safety Act of 
     2006 (Public Law 109-248); the PROTECT Our Children Act of 
     2008 (Public Law 110-401); subtitle D of title II of the 
     Homeland Security Act of 2002 (Public Law 107-296), which may 
     include research and development; and other programs 
     (including the Statewide Automated Victim Notification 
     Program); $220,000,000, to remain available until expended, 
     of which:
       (1) $45,000,000 is for criminal justice statistics 
     programs, pursuant to part C of the 1968 Act, of which 
     $26,000,000 is for the National Crime Victimization Survey; 
     and
       (2) $48,000,000 is for research, development, and 
     evaluation programs:
     Provided, That section 1404(c)(3)(E)(i) of the Victims of 
     Crime Act of 1984, as amended (42 U.S.C. 10603) is amended 
     after ``internships'' by inserting ``and for grants under 
     subparagraphs (1)(A) and (B), pursuant to rules or guidelines 
     that generally establish a publicly-announced, competitive 
     process''.


               state and local law enforcement assistance

       For grants, contracts, cooperative agreements, and other 
     assistance authorized by the Violent Crime Control and Law 
     Enforcement Act of 1994 (Public Law 103-322) (``the 1994 
     Act''); the Omnibus Crime Control and Safe Streets Act of 
     1968 (``the 1968 Act''); the Justice for All Act of 2004 
     (Public Law 108-405); the Victims of Child Abuse Act of 1990 
     (Public Law 101-647) (``the 1990 Act''); the Trafficking 
     Victims Protection Reauthorization Act of 2005 (Public Law 
     109-164); the Violence Against Women and Department of 
     Justice Reauthorization Act of 2005 (Public Law 109-162); the 
     Adam Walsh Child Protection and Safety Act of 2006 (Public 
     Law 109-248); and the Victims of Trafficking and Violence 
     Protection Act of 2000 (Public Law 106-386); and other 
     programs; $1,328,500,000, to remain available until expended 
     as follows:
       (1) $546,000,000 for the Edward Byrne Memorial Justice 
     Assistance Grant program as authorized by subpart 1 of part E 
     of title I of the 1968 Act, (except that section 1001(c), and 
     the special rules for Puerto Rico under section 505(g), of 
     the 1968 Act, shall not apply for purposes of this Act), of 
     which $5,000,000 is for use by the National Institute of 
     Justice in assisting units of local government to identify, 
     select, develop, modernize, and purchase new technologies for 
     use by law enforcement, $2,000,000 is for a program to 
     improve State and local law enforcement intelligence 
     capabilities including antiterrorism training and training to 
     ensure that constitutional rights, civil liberties, civil 
     rights, and privacy interests are protected throughout the 
     intelligence process, $7,000,000 is to reimburse State and 
     local law enforcement for security and related costs, 
     including overtime, associated with the extraordinary 
     security required to protect the President-elect during the 
     Presidential transition period; and $20,000,000 is to 
     reimburse State and local governments for extraordinary costs 
     associated with the 2009 Presidential Inauguration;
       (2) $400,000,000 for the State Criminal Alien Assistance 
     Program, as authorized by section 241(i)(5) of the 
     Immigration and Nationality Act (8 U.S.C. 1231(i)(5));
       (3) $31,000,000 for the Southwest Border Prosecutor 
     Initiative to reimburse State, county, parish, tribal, or 
     municipal governments for costs associated with the 
     prosecution of criminal cases declined by local offices of 
     the United States Attorneys;
       (4) $3,000,000 for the Northern Border Prosecutor 
     Initiative to reimburse State, county, parish, tribal or 
     municipal governments for the costs associated with the 
     prosecution of criminal cases declined by local offices of 
     United States Attorneys;
       (5) $178,500,000 for discretionary grants to improve the 
     functioning of the criminal justice system, to prevent or 
     combat juvenile delinquency, and to assist victims of crime 
     (other than compensation): Provided, That within the amounts 
     appropriated, $178,500,000 shall be used for the projects, 
     and in the amounts specified in the explanatory statement 
     described in section 4 (in the matter preceding division A of 
     this consolidated Act);
       (6) $30,000,000 for competitive grants to improve the 
     functioning of the criminal justice system, to prevent or 
     combat juvenile delinquency, and to assist victims of crime 
     (other than compensation);
       (7) $2,000,000 for the purposes described in the Missing 
     Alzheimer's Disease Patient Alert Program (section 240001 of 
     the 1994 Act);
       (8) $10,000,000 for victim services programs for victims of 
     trafficking, as authorized by section 107(b)(2) of Public Law 
     106-386 and for programs authorized under Public Law 109-164;
       (9) $40,000,000 for Drug Courts, as authorized by section 
     1001(25)(A) of title I of the 1968 Act;
       (10) $7,000,000 for a prescription drug monitoring program;
       (11) $12,500,000 for prison rape prevention and prosecution 
     and other programs, as authorized by the Prison Rape 
     Elimination Act of 2003 (Public Law 108-79);
       (12) $10,000,000 for grants for Residential Substance Abuse 
     Treatment for State Prisoners, as authorized by part S of 
     title I of the 1968 Act;
       (13) $5,500,000 for the Capital Litigation Improvement 
     Grant Program, as authorized by section 426 of Public Law 
     108-405, and for grants for wrongful prosecution review;
       (14) $10,000,000 for mental health courts and adult and 
     juvenile collaboration program grants, as authorized by parts 
     V and HH of title I of the 1968 Act, and the Mentally Ill 
     Offender Treatment and Crime Reduction Reauthorization and 
     Improvement Act of 2008 (Public Law 110-416);
       (15) $25,000,000 for assistance to Indian tribes, of 
     which--
       (A) $10,000,000 shall be available for grants under section 
     20109 of subtitle A of title II of the 1994 Act;
       (B) $9,000,000 shall be available for the Tribal Courts 
     Initiative; and
       (C) $6,000,000 shall be available for tribal alcohol and 
     substance abuse reduction assistance grants; and
       (16) $18,000,000 for economic, high technology and Internet 
     crime prevention grants:
     Provided, That, if a unit of local government uses any of the 
     funds made available under this heading to increase the 
     number of law enforcement officers, the unit of local 
     government will achieve a net gain in the number of law 
     enforcement officers who perform nonadministrative public 
     safety service.


                       weed and seed program fund

       For necessary expenses, including salaries and related 
     expenses of the Office of Weed and Seed Strategies, 
     $25,000,000, to remain available until expended, as 
     authorized by section 103 of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968.


                       juvenile justice programs

       For grants, contracts, cooperative agreements, and other 
     assistance authorized by the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (``the 1974 Act''), the Omnibus Crime 
     Control and Safe Streets Act of 1968 (``the 1968 Act''), the 
     Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (Public Law 109-162), the Missing 
     Children's Assistance Act (42 U.S.C. 5771 et seq.); the 
     Prosecutorial Remedies and Other Tools to end the 
     Exploitation of Children Today Act of 2003 (Public Law 108-
     21); the Victims of Child Abuse Act of 1990 (Public Law 101-
     647); the Adam Walsh Child Protection and Safety Act of 2006 
     (Public Law 109-248); the PROTECT Our Children Act of 2008 
     (Public Law 110-401), and other juvenile justice programs, 
     $374,000,000, to remain available until expended as follows:
       (1) $75,000,000 for programs authorized by section 221 of 
     the 1974 Act, and for training and technical assistance to 
     assist small, non-profit organizations with the Federal 
     grants process;
       (2) $82,000,000 for grants and projects, as authorized by 
     sections 261 and 262 of the 1974 Act: Provided, That within 
     the amounts appropriated, $82,000,000 shall be used for the 
     projects, and in the amounts, specified in the explanatory 
     statement described in section 4 (in the matter preceding 
     division A of this consolidated Act);
       (3) $80,000,000 for youth mentoring grants;
       (4) $62,000,000 for delinquency prevention, as authorized 
     by section 505 of the 1974 Act, of which, pursuant to 
     sections 261 and 262 thereof--
       (A) $25,000,000 shall be for the Tribal Youth Program;
       (B) $10,000,000 shall be for a gang resistance education 
     and training program; and
       (C) $25,000,000 shall be for grants of $360,000 to each 
     State and $4,840,000 shall be available for discretionary 
     grants, for programs and activities to enforce State laws 
     prohibiting the sale of alcoholic beverages to minors or the 
     purchase or consumption of alcoholic beverages by minors, for 
     prevention and reduction of consumption of alcoholic 
     beverages by minors, and for technical assistance and 
     training;
       (5) $20,000,000 for programs authorized by the Victims of 
     Child Abuse Act of 1990; and
       (6) $55,000,000 for the Juvenile Accountability Block 
     Grants program as authorized by part R of title I of the 1968 
     Act and Guam shall be considered a State:
     Provided, That not more than 10 percent of each amount may be 
     used for research, evaluation, and statistics activities 
     designed to benefit the programs or activities authorized: 
     Provided further, That not more than 2 percent of each amount 
     may be used for training and technical assistance: Provided 
     further, That the previous two provisos shall not apply to 
     grants and projects authorized by sections 261 and 262 of the 
     1974 Act.


                     public safety officer benefits

       For payments and expenses authorized by part L of title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C.

[[Page 5619]]

     3796), such sums as are necessary, as authorized by section 
     6093 of Public Law 100-690 (102 Stat. 4339-4340) (including 
     amounts for administrative costs, which amounts shall be paid 
     to the ``Salaries and Expenses'' account), to remain 
     available until expended; and $5,000,000 for payments 
     authorized by section 1201(b) of such Act; and $4,100,000 for 
     educational assistance, as authorized by section 1212 of such 
     Act.


                  community oriented policing services

       For activities authorized by the Violent Crime Control and 
     Law Enforcement Act of 1994 (Public Law 103-322); the Omnibus 
     Crime Control and Safe Streets Act of 1968 (``the 1968 
     Act''); the Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (Public Law 109-162); subtitle D 
     of title II of the Homeland Security Act of 2002 (Public Law 
     107-296), which may include research and development; and the 
     USA PATRIOT Improvement and Reauthorization Act of 2005 
     (Public Law 109-177); the Second Chance Act of 2007 (Public 
     Law 110-199); the NICS Improvement Amendments Act of 2007 
     (Public Law 110-180); the Adam Walsh Child Protection and 
     Safety Act of 2006 (Public Law 109-248) (the ``Adam Walsh 
     Act''); and the Justice for All Act of 2004 (Public Law 108-
     405), $550,500,000, to remain available until expended: 
     Provided, That any balances made available through prior year 
     deobligations shall only be available in accordance with 
     section 505 of this Act. Of the amount provided (which shall 
     be by transfer, for programs administered by the Office of 
     Justice Programs)--
       (1) $25,000,000 is for the matching grant program for armor 
     vests for law enforcement officers, as authorized by section 
     2501 of title I of the 1968 Act: Provided, That $1,500,000 is 
     transferred directly to the National Institute of Standards 
     and Technology's Office of Law Enforcement Standards from the 
     Community Oriented Policing Services Office for research, 
     testing, and evaluation programs: Provided further, That 
     section 2501(f) of part Y of title I of the 1968 Act (42 
     U.S.C. 3796ll(f)), is amended by inserting at the end the 
     following:
       ``(3) Waiver.--The Director may waive in whole or in part, 
     the match requirement of paragraph (1) in the case of fiscal 
     hardship, as determined by the Director.'';
       (2) $39,500,000 is for grants to entities described in 
     section 1701 of title I of the 1968 Act, to address public 
     safety and methamphetamine manufacturing, sale, and use in 
     hot spots as authorized by section 754 of Public Law 109-177, 
     and for other anti-methamphetamine-related activities: 
     Provided, That within the amounts appropriated, $34,500,000 
     shall be used for the projects, and in the amounts, specified 
     in the explanatory statement described in section 4 (in the 
     matter preceding division A of this consolidated Act);
       (3) $187,000,000 is for a law enforcement technologies and 
     interoperable communications program, and related law 
     enforcement and public safety equipment: Provided, That 
     within the amounts appropriated, $185,500,000 shall be used 
     for the projects, and in the amounts, specified in the 
     explanatory statement described in section 4 (in the matter 
     preceding division A of this consolidated Act);
       (4) $25,000,000 is for offender re-entry programs, as 
     authorized under section 101 and 211 of the Second Chance Act 
     of 2007 (Public Law 110-199), of which $15,000,000 is for 
     grants for adult and juvenile offender state and local 
     reentry demonstration projects, and $10,000,000 is for grants 
     for mentoring and transitional services;
       (5) $10,000,000 is for grants to assist States and tribal 
     governments as authorized by the NICS Improvements Amendments 
     Act of 2007 (Public Law 110-180);
       (6) $10,000,000 is for grants to upgrade criminal records, 
     as authorized under the Crime Identification Technology Act 
     of 1998 (42 U.S.C. 14601);
       (7) $156,000,000 is for DNA related and forensic programs 
     and activities as follows:
       (A) $151,000,000 for a DNA analysis and capacity 
     enhancement program and for other local, state, and Federal 
     forensic activities including the purposes of section 2 of 
     the DNA Analysis Backlog Elimination Act of 2000 (the Debbie 
     Smith DNA Backlog Grant Program); and
       (B) $5,000,000 for the purposes described in the Kirk 
     Bloodsworth Post-Conviction DNA Testing Program (Public Law 
     108-405, section 412);
       (8) $20,000,000 is for improving tribal law enforcement, 
     including equipment and training;
       (9) $15,000,000 is for programs to reduce gun crime and 
     gang violence;
       (10) $4,000,000 is for training and technical assistance;
       (11) $18,000,000 is for a national grant program the 
     purpose of which is to assist State and local law enforcement 
     to locate, arrest and prosecute child sexual predators and 
     exploiters, and to enforce sex offender registration laws 
     described in section 1701(b) of the 1968 Act, of which:
       (A) $5,000,000 is for sex offender management assistance as 
     authorized by the Adam Walsh Act and the Violent Crime 
     Control Act of 1994 (Public Law 103-322); and
       (B) $1,000,000 is for the National Sex Offender Public 
     Registry;
       (12) $16,000,000 is for expenses authorized by part AA of 
     the 1968 Act (Secure our Schools); and
       (13) $25,000,000 is for Paul Coverdell Forensic Science 
     Improvement Grants under part BB of title I of the 1968 Act.


                         salaries and expenses

       For necessary expenses, not elsewhere specified in this 
     title, for management and administration of programs within 
     the Office on Violence Against Women, the Office of Justice 
     Programs and the Community Oriented Policing Services Office, 
     $174,000,000, of which not to exceed $14,000,000 shall be 
     available for the Office on Violence Against Women; not to 
     exceed $130,000,000 shall be available for the Office of 
     Justice Programs; not to exceed $30,000,000 shall be 
     available for the Community Oriented Policing Services 
     Office: Provided, That, notwithstanding section 109 of title 
     I of Public Law 90-351, an additional amount, not to exceed 
     $21,000,000 shall be available for authorized activities of 
     the Office of Audit, Assessment, and Management: Provided 
     further, That the total amount available for management and 
     administration of such programs shall not exceed 
     $195,000,000.

               General Provisions--Department of Justice

       Sec. 201.  In addition to amounts otherwise made available 
     in this title for official reception and representation 
     expenses, a total of not to exceed $50,000 from funds 
     appropriated to the Department of Justice in this title shall 
     be available to the Attorney General for official reception 
     and representation expenses.
       Sec. 202.  None of the funds appropriated by this title 
     shall be available to pay for an abortion, except where the 
     life of the mother would be endangered if the fetus were 
     carried to term, or in the case of rape: Provided, That 
     should this prohibition be declared unconstitutional by a 
     court of competent jurisdiction, this section shall be null 
     and void.
       Sec. 203.  None of the funds appropriated under this title 
     shall be used to require any person to perform, or facilitate 
     in any way the performance of, any abortion.
       Sec. 204.  Nothing in the preceding section shall remove 
     the obligation of the Director of the Bureau of Prisons to 
     provide escort services necessary for a female inmate to 
     receive such service outside the Federal facility: Provided, 
     That nothing in this section in any way diminishes the effect 
     of section 203 intended to address the philosophical beliefs 
     of individual employees of the Bureau of Prisons.
       Sec. 205. Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     Justice in this Act may be transferred between such 
     appropriations, but no such appropriation, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by any such transfers: Provided, That any 
     transfer pursuant to this section shall be treated as a 
     reprogramming of funds under section 505 of this Act and 
     shall not be available for obligation except in compliance 
     with the procedures set forth in that section: Provided 
     further, That none of the funds appropriated to ``Buildings 
     and Facilities, Federal Prison System'' in this or any other 
     Act may be transferred to ``Salaries and Expenses, Federal 
     Prison System'', or any other Department of Justice account, 
     unless the President certifies that such a transfer is 
     necessary to the national security interests of the United 
     States, and such authority shall not be delegated, and shall 
     be subject to section 505 of this Act.
       Sec. 206.  The Attorney General is authorized to extend 
     through September 30, 2010, the Personnel Management 
     Demonstration Project transferred to the Attorney General 
     pursuant to section 1115 of the Homeland Security Act of 
     2002, Public Law 107-296 (6 U.S.C. 533) without limitation on 
     the number of employees or the positions covered.
       Sec. 207.  Notwithstanding any other provision of law, 
     Public Law 102-395 section 102(b) shall extend to the Bureau 
     of Alcohol, Tobacco, Firearms and Explosives in the conduct 
     of undercover investigative operations and shall apply 
     without fiscal year limitation with respect to any undercover 
     investigative operation initiated by the Bureau of Alcohol, 
     Tobacco, Firearms and Explosives that is necessary for the 
     detection and prosecution of crimes against the United 
     States.
       Sec. 208.  None of the funds made available to the 
     Department of Justice in this Act may be used for the purpose 
     of transporting an individual who is a prisoner pursuant to 
     conviction for crime under State or Federal law and is 
     classified as a maximum or high security prisoner, other than 
     to a prison or other facility certified by the Federal Bureau 
     of Prisons as appropriately secure for housing such a 
     prisoner.
       Sec. 209. (a) None of the funds appropriated by this Act 
     may be used by Federal prisons to purchase cable television 
     services, to rent or purchase videocassettes, videocassette 
     recorders, or other audiovisual or electronic equipment used 
     primarily for recreational purposes.
       (b) The preceding sentence does not preclude the renting, 
     maintenance, or purchase of audiovisual or electronic 
     equipment for inmate training, religious, or educational 
     programs.
       Sec. 210.  None of the funds made available under this 
     title shall be obligated or expended for Sentinel, or for any 
     other major

[[Page 5620]]

     new or enhanced information technology program having total 
     estimated development costs in excess of $100,000,000, unless 
     the Deputy Attorney General and the investment review board 
     certify to the Committees on Appropriations that the 
     information technology program has appropriate program 
     management and contractor oversight mechanisms in place, and 
     that the program is compatible with the enterprise 
     architecture of the Department of Justice.
       Sec. 211.  The notification thresholds and procedures set 
     forth in section 505 of this Act shall apply to deviations 
     from the amounts designated for specific activities in this 
     Act and accompanying statement, and to any use of deobligated 
     balances of funds provided under this title in previous 
     years.
       Sec. 212.  None of the funds appropriated by this Act may 
     be used to plan for, begin, continue, finish, process, or 
     approve a public-private competition under the Office of 
     Management and Budget Circular A-76 or any successor 
     administrative regulation, directive, or policy for work 
     performed by employees of the Bureau of Prisons or of Federal 
     Prison Industries, Incorporated.
       Sec. 213.  Notwithstanding any other provision of law, no 
     funds shall be available for the salary, benefits, or 
     expenses of any United States Attorney assigned dual or 
     additional responsibilities by the Attorney General or his 
     designee that exempt that United States Attorney from the 
     residency requirements of 28 U.S.C. 545.
       Sec. 214.  None of the funds appropriated in this or any 
     other Act shall be obligated for the initiation of a future 
     phase of the Federal Bureau of Investigation's Sentinel 
     program until the Attorney General certifies to the 
     Committees on Appropriations that existing phases currently 
     under contract for development or fielding have completed a 
     majority of the work for that phase under the performance 
     measurement baseline validated by the integrated baseline 
     review conducted in 2008: Provided, That this restriction 
     does not apply to planning and design activities for future 
     phases: Provided further, That the Bureau will notify the 
     Committees on Appropriations of any significant changes to 
     the baseline.
       Sec. 215. (a) The Attorney General shall submit quarterly 
     reports to the Inspector General of the Department of Justice 
     regarding the costs and contracting procedures relating to 
     each conference held by the Department of Justice during 
     fiscal year 2009 for which the cost to the Government was 
     more than $20,000.
       (b) Each report submitted under subsection (a) shall 
     include, for each conference described in that subsection 
     held during the applicable quarter--
       (1) a description of the subject of and number of 
     participants attending that conference;
       (2) a detailed statement of the costs to the Government 
     relating to that conference, including--
       (A) the cost of any food or beverages;
       (B) the cost of any audio-visual services; and
       (C) a discussion of the methodology used to determine which 
     costs relate to that conference; and
       (3) a description of the contracting procedures relating to 
     that conference, including--
       (A) whether contracts were awarded on a competitive basis 
     for that conference; and
       (B) a discussion of any cost comparison conducted by the 
     Department of Justice in evaluating potential contractors for 
     that conference.
       This title may be cited as the ``Department of Justice 
     Appropriations Act, 2009''.

                               TITLE III

                                SCIENCE

                Office of Science and Technology Policy

       For necessary expenses of the Office of Science and 
     Technology Policy, in carrying out the purposes of the 
     National Science and Technology Policy, Organization, and 
     Priorities Act of 1976 (42 U.S.C. 6601-6671), hire of 
     passenger motor vehicles, and services as authorized by 5 
     U.S.C. 3109, not to exceed $2,500 for official reception and 
     representation expenses, and rental of conference rooms in 
     the District of Columbia, $5,303,000.

             National Aeronautics and Space Administration

                                science

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of science research and development 
     activities, including research, development, operations, 
     support, and services; maintenance; construction of 
     facilities including repair, rehabilitation, revitalization, 
     and modification of facilities, construction of new 
     facilities and additions to existing facilities, facility 
     planning and design, and restoration, and acquisition or 
     condemnation of real property, as authorized by law; 
     environmental compliance and restoration; space flight, 
     spacecraft control, and communications activities; program 
     management; personnel and related costs, including uniforms 
     or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
     travel expenses; purchase and hire of passenger motor 
     vehicles; and purchase, lease, charter, maintenance, and 
     operation of mission and administrative aircraft, 
     $4,503,019,000 to remain available until September 30, 2010.

                              aeronautics

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of aeronautics research and development 
     activities, including research, development, operations, 
     support, and services; maintenance; construction of 
     facilities including repair, rehabilitation, revitalization, 
     and modification of facilities, construction of new 
     facilities and additions to existing facilities, facility 
     planning and design, and restoration, and acquisition or 
     condemnation of real property, as authorized by law; 
     environmental compliance and restoration; space flight, 
     spacecraft control, and communications activities; program 
     management; personnel and related costs, including uniforms 
     or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
     travel expenses; purchase and hire of passenger motor 
     vehicles; and purchase, lease, charter, maintenance, and 
     operation of mission and administrative aircraft, 
     $500,000,000 to remain available until September 30, 2010.

                              exploration

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of exploration research and development 
     activities, including research, development, operations, 
     support, and services; maintenance; construction of 
     facilities including repair, rehabilitation, revitalization, 
     and modification of facilities, construction of new 
     facilities and additions to existing facilities, facility 
     planning and design, and restoration, and acquisition or 
     condemnation of real property, as authorized by law; 
     environmental compliance and restoration; space flight, 
     spacecraft control, and communications activities; program 
     management, personnel and related costs, including uniforms 
     or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
     travel expenses; purchase and hire of passenger motor 
     vehicles; and purchase, lease, charter, maintenance, and 
     operation of mission and administrative aircraft, 
     $3,505,469,000 to remain available until September 30, 2010.

                            space operations

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of space operations research and 
     development activities, including research, development, 
     operations, support and services; space flight, spacecraft 
     control and communications activities including operations, 
     production, and services; maintenance; construction of 
     facilities including repair, rehabilitation, revitalization 
     and modification of facilities, construction of new 
     facilities and additions to existing facilities, facility 
     planning and design, and restoration, and acquisition or 
     condemnation of real property, as authorized by law; 
     environmental compliance and restoration; program management; 
     personnel and related costs, including uniforms or allowances 
     therefor, as authorized by 5 U.S.C. 5901-5902; travel 
     expenses; purchase and hire of passenger motor vehicles; and 
     purchase, lease, charter, maintenance and operation of 
     mission and administrative aircraft, $5,764,710,000, to 
     remain available until September 30, 2010: Provided, That of 
     the amounts provided under this heading, $2,981,724,000 shall 
     be for Space Shuttle operations, production, research, 
     development, and support, $2,060,162,000 shall be for 
     International Space Station operations, production, research, 
     development, and support, and $722,824,000 shall be for Space 
     and Flight support.

                               education

       For necessary expenses, not otherwise provided for, in 
     carrying out aerospace and aeronautical education research 
     and development activities, including research, development, 
     operations, support, and services; program management; 
     personnel and related costs, uniforms or allowances therefor, 
     as authorized by 5 U.S.C. 5901-5902; travel expenses; 
     purchase and hire of passenger motor vehicles; and purchase, 
     lease, charter, maintenance, and operation of mission and 
     administrative aircraft, $169,200,000, to remain available 
     until September 30, 2010.


                          cross agency support

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of science, aeronautics, exploration, 
     space operations and education research and development 
     activities, including research, development, operations, 
     support, and services; maintenance; construction of 
     facilities including repair, rehabilitation, revitalization, 
     and modification of facilities, construction of new 
     facilities and additions to existing facilities, facility 
     planning and design, and restoration, and acquisition or 
     condemnation of real property, as authorized by law; 
     environmental compliance and restoration; space flight, 
     spacecraft control, and communications activities; program 
     management; personnel and related costs, including uniforms 
     or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
     travel expenses; purchase and hire of passenger motor 
     vehicles; not to exceed $70,000 for official reception and 
     representation expenses; and purchase, lease, charter, 
     maintenance, and operation of mission and administrative 
     aircraft, $3,306,387,000, to remain available until September 
     30, 2010: Provided, That $2,024,000,000, together with not 
     more than $9,000,000 to be derived from receipts pursuant to 
     42 U.S.C. 2459j, shall be available for center management and 
     operations: Provided further, That

[[Page 5621]]

     notwithstanding 42 U.S.C. 2459j, proceeds from enhanced use 
     leases that may be made available for obligation for fiscal 
     year 2009 shall not exceed $9,000,000: Provided further, That 
     each annual budget request shall include an annual estimate 
     of gross receipts and collections and proposed use of all 
     funds collected pursuant to 42 U.S.C. 2459j: Provided 
     further, That not less than $45,000,000 shall be available 
     for independent verification and validation activities, of 
     which $5,000,000 shall be available to develop core 
     verification and validation competencies with small 
     businesses, and $40,000,000 shall be available for operations 
     of the independent verification and validation facility: 
     Provided further,  That within the amounts appropriated 
     $67,500,000 shall be used for the projects, and in the 
     amounts, specified in the explanatory statement described in 
     section 4 (in the matter preceding division A of this 
     consolidated Act).

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the Inspector General Act of 1978, 
     $33,600,000, to remain available until September 30, 2010.


                       administrative provisions

        Notwithstanding the limitation on the duration of 
     availability of funds appropriated to the National 
     Aeronautics and Space Administration for any account in this 
     Act, except for ``Office of Inspector General'', when any 
     activity has been initiated by the incurrence of obligations 
     for construction of facilities or environmental compliance 
     and restoration activities as authorized by law, such amount 
     available for such activity shall remain available until 
     expended. This provision does not apply to the amounts 
     appropriated for institutional minor revitalization and minor 
     construction of facilities, and institutional facility 
     planning and design.
       Notwithstanding the limitation on the availability of funds 
     appropriated to the National Aeronautics and Space 
     Administration for any account in this Act, except for 
     ``Office of Inspector General'', the amounts appropriated for 
     construction of facilities shall remain available until 
     September 30, 2011.
       Funds for announced prizes otherwise authorized shall 
     remain available, without fiscal year limitation, until the 
     prize is claimed or the offer is withdrawn.
       Not to exceed 5 percent of any appropriation made available 
     for the current fiscal year for the National Aeronautics and 
     Space Administration in this Act may be transferred between 
     such appropriations, but no such appropriation, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by any such transfers. Any transfer pursuant 
     to this provision shall be treated as a reprogramming of 
     funds under section 505 of this Act and shall not be 
     available for obligation except in compliance with the 
     procedures set forth in that section.
       Notwithstanding any other provision of law, no funds shall 
     be used to implement any Reduction in Force or other 
     involuntary separations (except for cause) by the National 
     Aeronautics and Space Administration prior to September 30, 
     2009.
       The unexpired balances of the Science, Aeronautics, and 
     Exploration account, for activities for which funds are 
     provided under this Act, may be transferred to the new 
     accounts established in this Act that provide such activity. 
     Balances so transferred shall be merged with the funds in the 
     newly established accounts, but shall be available under the 
     same terms, conditions and period of time as previously 
     appropriated.
       For the closeout of all Space Shuttle contracts and 
     associated programs, amounts that have expired but have not 
     been cancelled in the Human Space Flight, Space Flight 
     Capabilities, and Exploration Capabilities appropriations 
     accounts shall remain available through fiscal year 2015 for 
     the liquidation of valid obligations incurred during the 
     period of fiscal year 2001 through fiscal year 2009.
       Funding designations and minimum funding requirements 
     contained in any other Act shall not be applicable to funds 
     appropriated by this title for the National Aeronautics and 
     Space Administration.
       The Administrator of NASA shall, not later than February 2, 
     2009, submit to the appropriate committees of Congress a 
     report that delineates by fiscal year, mission directorate 
     and object class the full costs necessary for Space Shuttle 
     retirement and transition activities for fiscal years 2006 
     through 2015 that includes, but is not limited to, the 
     following:
       (1) the costs for environmental compliance and remediation;
       (2) the gross and net proceeds from exchange sales of 
     excess Space Shuttle equipment;
       (3) the costs to maintain required facilities at Kennedy 
     Space Center during the gap in human space flight;
       (4) the costs associated with preservation of historic 
     properties;
       (5) the costs of workforce transition; and
       (6) other costs related to Space Shuttle retirement and 
     transition.

                      National Science Foundation

                    research and related activities

       For necessary expenses in carrying out the National Science 
     Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and 
     the Act to establish a National Medal of Science (42 U.S.C. 
     1880-1881); services as authorized by 5 U.S.C. 3109; 
     maintenance and operation of aircraft and purchase of flight 
     services for research support; acquisition of aircraft; and 
     authorized travel; $5,183,100,000, to remain available until 
     September 30, 2010, of which not to exceed $540,000,000 shall 
     remain available until expended for polar research and 
     operations support, and for reimbursement to other Federal 
     agencies for operational and science support and logistical 
     and other related activities for the United States Antarctic 
     program: Provided, That from funds specified in the fiscal 
     year 2009 budget request for icebreaking services, up to 
     $54,000,000 shall be available for the procurement of polar 
     icebreaking services: Provided further, That the National 
     Science Foundation shall only reimburse the Coast Guard for 
     such sums as are agreed to according to the existing 
     memorandum of agreement: Provided further, That receipts for 
     scientific support services and materials furnished by the 
     National Research Centers and other National Science 
     Foundation supported research facilities may be credited to 
     this appropriation: Provided further, That not less than 
     $133,000,000 shall be available for activities authorized by 
     section 7002(b)(2)(A)(iv) of Public Law 110-69.


          major research equipment and facilities construction

       For necessary expenses for the acquisition, construction, 
     commissioning, and upgrading of major research equipment, 
     facilities, and other such capital assets pursuant to the 
     National Science Foundation Act of 1950, as amended (42 
     U.S.C. 1861-1875), including authorized travel, $152,010,000, 
     to remain available until expended.

                     education and human resources

       For necessary expenses in carrying out science and 
     engineering education and human resources programs and 
     activities pursuant to the National Science Foundation Act of 
     1950, as amended (42 U.S.C. 1861-1875), including services as 
     authorized by 5 U.S.C. 3109, authorized travel, and rental of 
     conference rooms in the District of Columbia, $845,260,000, 
     to remain available until September 30, 2010: Provided 
     further, That not less than $55,000,000 shall be available 
     until expended for activities authorized by section 7030 of 
     Public Law 110-69.

                 agency operations and award management

       For agency operations and award management necessary in 
     carrying out the National Science Foundation Act of 1950, as 
     amended (42 U.S.C. 1861-1875); services authorized by 5 
     U.S.C. 3109; hire of passenger motor vehicles; not to exceed 
     $9,000 for official reception and representation expenses; 
     uniforms or allowances therefor, as authorized by 5 U.S.C. 
     5901-5902; rental of conference rooms in the District of 
     Columbia; and reimbursement of the Department of Homeland 
     Security for security guard services; $294,000,000: Provided, 
     That contracts may be entered into under this heading in 
     fiscal year 2009 for maintenance and operation of facilities, 
     and for other services, to be provided during the next fiscal 
     year.

                  office of the national science board

       For necessary expenses (including payment of salaries, 
     authorized travel, hire of passenger motor vehicles, the 
     rental of conference rooms in the District of Columbia, and 
     the employment of experts and consultants under section 3109 
     of title 5, United States Code) involved in carrying out 
     section 4 of the National Science Foundation Act of 1950, as 
     amended (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 
     1880 et seq.), $4,030,000: Provided, That not to exceed 
     $2,500 shall be available for official reception and 
     representation expenses.

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     as authorized by the Inspector General Act of 1978, as 
     amended, $12,000,000.
        This title may be cited as the ``Science Appropriations 
     Act, 2009''.

                                TITLE IV

                            RELATED AGENCIES

                       Commission on Civil Rights


                         salaries and expenses

       For necessary expenses of the Commission on Civil Rights, 
     including hire of passenger motor vehicles, $8,800,000: 
     Provided, That none of the funds appropriated in this 
     paragraph shall be used to employ in excess of four full-time 
     individuals under Schedule C of the Excepted Service 
     exclusive of one special assistant for each Commissioner: 
     Provided further, That none of the funds appropriated in this 
     paragraph shall be used to reimburse Commissioners for more 
     than 75 billable days, with the exception of the chairperson, 
     who is permitted 125 billable days.

                Equal Employment Opportunity Commission

                         salaries and expenses

       For necessary expenses of the Equal Employment Opportunity 
     Commission as authorized by title VII of the Civil Rights Act 
     of 1964, the Age Discrimination in Employment Act of 1967, 
     the Equal Pay Act of 1963, the Americans with Disabilities 
     Act of 1990, and the Civil Rights Act of 1991, including

[[Page 5622]]

     services as authorized by 5 U.S.C. 3109; hire of passenger 
     motor vehicles as authorized by 31 U.S.C. 1343(b); 
     nonmonetary awards to private citizens; and not to exceed 
     $26,000,000 for payments to State and local enforcement 
     agencies for authorized services to the Commission, 
     $343,925,000: Provided, That the Commission is authorized to 
     make available for official reception and representation 
     expenses not to exceed $2,500 from available funds: Provided 
     further, That the Commission may take no action to implement 
     any workforce repositioning, restructuring, or reorganization 
     until such time as the House and Senate Committees on 
     Appropriations have been notified of such proposals, in 
     accordance with the reprogramming requirements of section 505 
     of this Act: Provided further, That the Chair is authorized 
     to accept and use any gift or donation to carry out the work 
     of the Commission.

                     International Trade Commission

                         salaries and expenses

       For necessary expenses of the International Trade 
     Commission, including hire of passenger motor vehicles, and 
     services as authorized by 5 U.S.C. 3109, and not to exceed 
     $2,500 for official reception and representation expenses, 
     $75,100,000, to remain available until expended.

                       Legal Services Corporation

               payment to the legal services corporation

       For payment to the Legal Services Corporation to carry out 
     the purposes of the Legal Services Corporation Act of 1974, 
     $390,000,000, of which $365,800,000 is for basic field 
     programs and required independent audits; $4,200,000 is for 
     the Office of Inspector General, of which such amounts as may 
     be necessary may be used to conduct additional audits of 
     recipients; $16,000,000 is for management and administration; 
     $3,000,000 is for client self-help and information 
     technology; and $1,000,000 is for loan repayment assistance: 
     Provided, That the Legal Services Corporation may continue to 
     provide locality pay to officers and employees at a rate no 
     greater than that provided by the Federal Government to 
     Washington, DC-based employees as authorized by 5 U.S.C. 
     5304, notwithstanding section 1005(d) of the Legal Services 
     Corporation Act, 42 U.S.C. 2996(d).

          administrative provision--legal services corporation

       None of the funds appropriated in this Act to the Legal 
     Services Corporation shall be expended for any purpose 
     prohibited or limited by, or contrary to any of the 
     provisions of, sections 501, 502, 503, 504, 505, and 506 of 
     Public Law 105-119, and all funds appropriated in this Act to 
     the Legal Services Corporation shall be subject to the same 
     terms and conditions set forth in such sections, except that 
     all references in sections 502 and 503 to 1997 and 1998 shall 
     be deemed to refer instead to 2008 and 2009, respectively.

                        Marine Mammal Commission

                         salaries and expenses

       For necessary expenses of the Marine Mammal Commission as 
     authorized by title II of Public Law 92-522, $3,200,000.

            Office of the United States Trade Representative

                         salaries and expenses

       For necessary expenses of the Office of the United States 
     Trade Representative, including the hire of passenger motor 
     vehicles and the employment of experts and consultants as 
     authorized by 5 U.S.C. 3109, $47,272,000, of which $1,000,000 
     shall remain available until expended: Provided, That not to 
     exceed $124,000 shall be available for official reception and 
     representation expenses: Provided further, That negotiations 
     shall be conducted within the World Trade Organization to 
     recognize the right of members to distribute monies collected 
     from antidumping and countervailing duties: Provided further, 
     That negotiations shall be conducted within the World Trade 
     Organization consistent with the negotiating objectives 
     contained in the Trade Act of 2002, Public Law 107-210.

                        State Justice Institute

                         salaries and expenses

       For necessary expenses of the State Justice Institute, as 
     authorized by the State Justice Institute Authorization Act 
     of 1984 (42 U.S.C. 10701 et. seq.) $4,100,000, of which 
     $250,000 shall remain available until September 30, 2010: 
     Provided, That not to exceed $2,500 shall be available for 
     official reception and representation expenses.

                                TITLE V

                           GENERAL PROVISIONS

       Sec. 501. No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes not 
     authorized by the Congress.
       Sec. 502. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 503. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive order issued pursuant to existing law.
       Sec. 504. If any provision of this Act or the application 
     of such provision to any person or circumstances shall be 
     held invalid, the remainder of the Act and the application of 
     each provision to persons or circumstances other than those 
     as to which it is held invalid shall not be affected thereby.
       Sec. 505. (a) None of the funds provided under this Act, or 
     provided under previous appropriations Acts to the agencies 
     funded by this Act that remain available for obligation or 
     expenditure in fiscal year 2009, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure through 
     the reprogramming of funds that:
       (1) creates or initiates a new program, project or 
     activity;
       (2) eliminates a program, project or activity, unless the 
     House and Senate Committees on Appropriations are notified 15 
     days in advance of such reprogramming of funds;
       (3) increases funds or personnel by any means for any 
     project or activity for which funds have been denied or 
     restricted by this Act, unless the House and Senate 
     Committees on Appropriations are notified 15 days in advance 
     of such reprogramming of funds;
       (4) relocates an office or employees, unless the House and 
     Senate Committees on Appropriations are notified 15 days in 
     advance of such reprogramming of funds;
       (5) reorganizes or renames offices, programs or activities, 
     unless the House and Senate Committees on Appropriations are 
     notified 15 days in advance of such reprogramming of funds;
       (6) contracts out or privatizes any functions or activities 
     presently performed by Federal employees, unless the House 
     and Senate Committees on Appropriations are notified 15 days 
     in advance of such reprogramming of funds;
       (7) proposes to use funds directed for a specific activity 
     by either the House or Senate Committee on Appropriations for 
     a different purpose, unless the House and Senate Committees 
     on Appropriations are notified 15 days in advance of such 
     reprogramming of funds;
       (8) augments funds for existing programs, projects or 
     activities in excess of $500,000 or 10 percent, whichever is 
     less, or reduces by 10 percent funding for any program, 
     project or activity, or numbers of personnel by 10 percent as 
     approved by Congress, unless the House and Senate Committees 
     on Appropriations are notified 15 days in advance of such 
     reprogramming of funds; or
       (9) results from any general savings, including savings 
     from a reduction in personnel, which would result in a change 
     in existing programs, projects or activities as approved by 
     Congress, unless the House and Senate Committees on 
     Appropriations are notified 15 days in advance of such 
     reprogramming of funds.
       (b) None of the funds in provided under this Act, or 
     provided under previous appropriations Acts to the agencies 
     funded by this Act that remain available for obligation or 
     expenditure in fiscal year 2009, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure through 
     the reprogramming of funds after August 1, except in 
     extraordinary circumstances, and only after the House and 
     Senate Committees on Appropriations are notified 30 days in 
     advance of such reprogramming of funds.
       Sec. 506. Hereafter, none of the funds made available in 
     this or any other Act may be used to implement, administer, 
     or enforce any guidelines of the Equal Employment Opportunity 
     Commission covering harassment based on religion, when it is 
     made known to the Federal entity or official to which such 
     funds are made available that such guidelines do not differ 
     in any respect from the proposed guidelines published by the 
     Commission on October 1, 1993 (58 Fed. Reg. 51266).
       Sec. 507. If it has been finally determined by a court or 
     Federal agency that any person intentionally affixed a label 
     bearing a ``Made in America'' inscription, or any inscription 
     with the same meaning, to any product sold in or shipped to 
     the United States that is not made in the United States, the 
     person shall be ineligible to receive any contract or 
     subcontract made with funds made available in this Act, 
     pursuant to the debarment, suspension, and ineligibility 
     procedures described in sections 9.400 through 9.409 of title 
     48, Code of Federal Regulations.
       Sec. 508. The Departments of Commerce and Justice, the 
     National Science Foundation, and the National Aeronautics and 
     Space Administration, shall provide to the House and Senate 
     Committees on Appropriations a quarterly accounting of the 
     cumulative balances of any unobligated funds that were 
     received by such agency during any previous fiscal year.
       Sec. 509. Any costs incurred by a department or agency 
     funded under this Act resulting from, or to prevent, 
     personnel actions taken in response to funding reductions 
     included in this Act shall be absorbed within the total 
     budgetary resources available to such department or agency: 
     Provided, That

[[Page 5623]]

     the authority to transfer funds between appropriations 
     accounts as may be necessary to carry out this section is 
     provided in addition to authorities included elsewhere in 
     this Act: Provided further, That use of funds to carry out 
     this section shall be treated as a reprogramming of funds 
     under section 505 of this Act and shall not be available for 
     obligation or expenditure except in compliance with the 
     procedures set forth in that section.
       Sec. 510. None of the funds provided by this Act shall be 
     available to promote the sale or export of tobacco or tobacco 
     products, or to seek the reduction or removal by any foreign 
     country of restrictions on the marketing of tobacco or 
     tobacco products, except for restrictions which are not 
     applied equally to all tobacco or tobacco products of the 
     same type.
       Sec. 511. None of the funds appropriated pursuant to this 
     Act or any other provision of law may be used for--
       (1) the implementation of any tax or fee in connection with 
     the implementation of subsection 922(t) of title 18, United 
     States Code; and
       (2) any system to implement subsection 922(t) of title 18, 
     United States Code, that does not require and result in the 
     destruction of any identifying information submitted by or on 
     behalf of any person who has been determined not to be 
     prohibited from possessing or receiving a firearm no more 
     than 24 hours after the system advises a Federal firearms 
     licensee that possession or receipt of a firearm by the 
     prospective transferee would not violate subsection (g) or 
     (n) of section 922 of title 18, United States Code, or State 
     law.
       Sec. 512. Notwithstanding any other provision of law, 
     amounts deposited or available in the Fund established under 
     42 U.S.C. 10601 in any fiscal year in excess of $635,000,000 
     shall not be available for obligation until the following 
     fiscal year.
       Sec. 513. None of the funds made available to the 
     Department of Justice in this Act may be used to discriminate 
     against or denigrate the religious or moral beliefs of 
     students who participate in programs for which financial 
     assistance is provided from those funds, or of the parents or 
     legal guardians of such students.
       Sec. 514. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriations Act.
       Sec. 515. Any funds provided in this Act used to implement 
     E-Government Initiatives shall be subject to the procedures 
     set forth in section 505 of this Act.
       Sec. 516. (a) Tracing studies conducted by the Bureau of 
     Alcohol, Tobacco, Firearms and Explosives are released 
     without adequate disclaimers regarding the limitations of the 
     data.
       (b) The Bureau of Alcohol, Tobacco, Firearms and Explosives 
     shall include in all such data releases, language similar to 
     the following that would make clear that trace data cannot be 
     used to draw broad conclusions about firearms-related crime:
       (1) Firearm traces are designed to assist law enforcement 
     authorities in conducting investigations by tracking the sale 
     and possession of specific firearms. Law enforcement agencies 
     may request firearms traces for any reason, and those reasons 
     are not necessarily reported to the Federal Government. Not 
     all firearms used in crime are traced and not all firearms 
     traced are used in crime.
       (2) Firearms selected for tracing are not chosen for 
     purposes of determining which types, makes, or models of 
     firearms are used for illicit purposes. The firearms selected 
     do not constitute a random sample and should not be 
     considered representative of the larger universe of all 
     firearms used by criminals, or any subset of that universe. 
     Firearms are normally traced to the first retail seller, and 
     sources reported for firearms traced do not necessarily 
     represent the sources or methods by which firearms in general 
     are acquired for use in crime.
       Sec. 517. (a) The Inspectors General of the Department of 
     Commerce, the Department of Justice, the National Aeronautics 
     and Space Administration, the National Science Foundation, 
     and the Legal Services Corporation shall conduct audits, 
     pursuant to the Inspector General Act (5 U.S.C. App.), of 
     grants or contracts for which funds are appropriated by this 
     Act, and shall submit reports to Congress on the progress of 
     such audits, which may include preliminary findings and a 
     description of areas of particular interest, within 180 days 
     after initiating such an audit and every 180 days thereafter 
     until any such audit is completed.
       (b) Within 60 days after the date on which an audit 
     described in subsection (a) by an Inspector General is 
     completed, the Secretary, Attorney General, Administrator, 
     Director, or President, as appropriate, shall make the 
     results of the audit available to the public on the Internet 
     website maintained by the Department, Administration, 
     Foundation, or Corporation, respectively. The results shall 
     be made available in redacted form to exclude--
       (1) any matter described in section 552(b) of title 5, 
     United States Code; and
       (2) sensitive personal information for any individual, the 
     public access to which could be used to commit identity theft 
     or for other inappropriate or unlawful purposes.
       (c) A grant or contract funded by amounts appropriated by 
     this Act may not be used for the purpose of defraying the 
     costs of a banquet or conference that is not directly and 
     programmatically related to the purpose for which the grant 
     or contract was awarded, such as a banquet or conference held 
     in connection with planning, training, assessment, review, or 
     other routine purposes related to a project funded by the 
     grant or contract.
       (d) Any person awarded a grant or contract funded by 
     amounts appropriated by this Act shall submit a statement to 
     the Secretary of Commerce, the Attorney General, the 
     Administrator, Director, or President, as appropriate, 
     certifying that no funds derived from the grant or contract 
     will be made available through a subcontract or in any other 
     manner to another person who has a financial interest in the 
     person awarded the grant or contract.
       (e) The provisions of the preceding subsections of this 
     section shall take effect 30 days after the date on which the 
     Director of the Office of Management and Budget, in 
     consultation with the Director of the Office of Government 
     Ethics, determines that a uniform set of rules and 
     requirements, substantially similar to the requirements in 
     such subsections, consistently apply under the executive 
     branch ethics program to all Federal departments, agencies, 
     and entities.
       Sec. 518. None of the funds appropriated or otherwise made 
     available under this Act may be used to issue patents on 
     claims directed to or encompassing a human organism.
       Sec. 519. None of the funds made available in this Act 
     shall be used in any way whatsoever to support or justify the 
     use of torture by any official or contract employee of the 
     United States Government.
       Sec. 520. (a) Notwithstanding any other provision of law or 
     treaty, none of the funds appropriated or otherwise made 
     available under this Act or any other Act may be expended or 
     obligated by a department, agency, or instrumentality of the 
     United States to pay administrative expenses or to compensate 
     an officer or employee of the United States in connection 
     with requiring an export license for the export to Canada of 
     components, parts, accessories or attachments for firearms 
     listed in Category I, section 121.1 of title 22, Code of 
     Federal Regulations (International Trafficking in Arms 
     Regulations (ITAR), part 121, as it existed on April 1, 2005) 
     with a total value not exceeding $500 wholesale in any 
     transaction, provided that the conditions of subsection (b) 
     of this section are met by the exporting party for such 
     articles.
       (b) The foregoing exemption from obtaining an export 
     license--
       (1) does not exempt an exporter from filing any Shipper's 
     Export Declaration or notification letter required by law, or 
     from being otherwise eligible under the laws of the United 
     States to possess, ship, transport, or export the articles 
     enumerated in subsection (a); and
       (2) does not permit the export without a license of--
       (A) fully automatic firearms and components and parts for 
     such firearms, other than for end use by the Federal 
     Government, or a Provincial or Municipal Government of 
     Canada;
       (B) barrels, cylinders, receivers (frames) or complete 
     breech mechanisms for any firearm listed in Category I, other 
     than for end use by the Federal Government, or a Provincial 
     or Municipal Government of Canada; or
       (C) articles for export from Canada to another foreign 
     destination.
       (c) In accordance with this section, the District Directors 
     of Customs and postmasters shall permit the permanent or 
     temporary export without a license of any unclassified 
     articles specified in subsection (a) to Canada for end use in 
     Canada or return to the United States, or temporary import of 
     Canadian-origin items from Canada for end use in the United 
     States or return to Canada for a Canadian citizen.
       (d) The President may require export licenses under this 
     section on a temporary basis if the President determines, 
     upon publication first in the Federal Register, that the 
     Government of Canada has implemented or maintained inadequate 
     import controls for the articles specified in subsection (a), 
     such that a significant diversion of such articles has and 
     continues to take place for use in international terrorism or 
     in the escalation of a conflict in another nation. The 
     President shall terminate the requirements of a license when 
     reasons for the temporary requirements have ceased.
       Sec. 521. Notwithstanding any other provision of law, no 
     department, agency, or instrumentality of the United States 
     receiving appropriated funds under this Act or any other Act 
     shall obligate or expend in any way such funds to pay 
     administrative expenses or the compensation of any officer or 
     employee of the United States to deny any application 
     submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified 
     pursuant to 27 CFR section 478.112 or .113, for a permit to 
     import United States origin ``curios or relics'' firearms, 
     parts, or ammunition.
       Sec. 522. None of the funds made available in this Act may 
     be used to include in any

[[Page 5624]]

     new bilateral or multilateral trade agreement the text of--
       (1) paragraph 2 of article 16.7 of the United States-
     Singapore Free Trade Agreement;
       (2) paragraph 4 of article 17.9 of the United States-
     Australia Free Trade Agreement; or
       (3) paragraph 4 of article 15.9 of the United States-
     Morocco Free Trade Agreement.
       Sec. 523. None of the funds made available in this Act may 
     be used to authorize or issue a national security letter in 
     contravention of any of the following laws authorizing the 
     Federal Bureau of Investigation to issue national security 
     letters: The Right to Financial Privacy Act; The Electronic 
     Communications Privacy Act; The Fair Credit Reporting Act; 
     The National Security Act of 1947; USA PATRIOT Act; and the 
     laws amended by these Acts.
       Sec. 524. If at any time during any quarter, the program 
     manager of a project within the jurisdiction of the 
     Departments of Commerce or Justice, the National Aeronautics 
     and Space Administration, or the National Science Foundation 
     totaling more than $75,000,000 has reasonable cause to 
     believe that the total program cost has increased by 10 
     percent, the program manager shall immediately inform the 
     Secretary, Administrator, or Director. The Secretary, 
     Administrator, or Director shall notify the House and Senate 
     Committees on Appropriations within 30 days in writing of 
     such increase, and shall include in such notice: the date on 
     which such determination was made; a statement of the reasons 
     for such increases; the action taken and proposed to be taken 
     to control future cost growth of the project; changes made in 
     the performance or schedule milestones and the degree to 
     which such changes have contributed to the increase in total 
     program costs or procurement costs; new estimates of the 
     total project or procurement costs; and a statement 
     validating that the project's management structure is 
     adequate to control total project or procurement costs.
       Sec. 525. Funds appropriated by this Act, or made available 
     by the transfer of funds in this Act, for intelligence or 
     intelligence related activities are deemed to be specifically 
     authorized by the Congress for purposes of section 504 of the 
     National Security Act of 1947 (50 U.S.C. 414) during fiscal 
     year 2009 until the enactment of the Intelligence 
     Authorization Act for fiscal year 2009.
       Sec. 526. The Departments, agencies, and commissions funded 
     under this Act, shall establish and maintain on the homepages 
     of their Internet websites--
       (1) a direct link to the Internet websites of their Offices 
     of Inspectors General; and
       (2) a mechanism on the Offices of Inspectors General 
     website by which individuals may anonymously report cases of 
     waste, fraud, or abuse with respect to those Departments, 
     agencies, and commissions.
       Sec. 527.  None of the funds appropriated or otherwise made 
     available by this Act may be used to enter into a contract in 
     an amount greater than $5,000,000 or to award a grant in 
     excess of such amount unless the prospective contractor or 
     grantee certifies in writing to the agency awarding the 
     contract or grant that, to the best of its knowledge and 
     belief, the contractor or grantee has filed all Federal tax 
     returns required during the three years preceding the 
     certification, has not been convicted of a criminal offense 
     under the Internal Revenue Code of 1986, and has not, more 
     than 90 days prior to certification, been notified of any 
     unpaid Federal tax assessment for which the liability remains 
     unsatisfied, unless the assessment is the subject of an 
     installment agreement or offer in compromise that has been 
     approved by the Internal Revenue Service and is not in 
     default, or the assessment is the subject of a non-frivolous 
     administrative or judicial proceeding.
       Sec. 528. None of the funds appropriated or otherwise made 
     available in this Act may be used in a manner that is 
     inconsistent with the principal negotiating objective of the 
     United States with respect to trade remedy laws to preserve 
     the ability of the United States--
       (1) to enforce vigorously its trade laws, including 
     antidumping, countervailing duty, and safeguard laws;
       (2) to avoid agreements that--
       (A) lessen the effectiveness of domestic and international 
     disciplines on unfair trade, especially dumping and 
     subsidies; or
       (B) lessen the effectiveness of domestic and international 
     safeguard provisions, in order to ensure that United States 
     workers, agricultural producers, and firms can compete fully 
     on fair terms and enjoy the benefits of reciprocal trade 
     concessions; and
       (3) to address and remedy market distortions that lead to 
     dumping and subsidization, including overcapacity, 
     cartelization, and market-access barriers.


                             (Rescissions)

       Sec. 529. (a) Of the unobligated balances available to the 
     Department of Commerce from prior appropriations, the 
     following funds are hereby rescinded from the following 
     accounts and programs in the specified amounts:
       (1) ``Economic Development Administration, Economic 
     Development Assistance Programs'', $15,000,000;
       (2) ``National Institute of Standards and Technology, 
     Industrial Technology Services'', $5,000,000;
       (3) ``National Telecommunications and Information 
     Administration, Salaries and Expenses'', $3,000,000;
       (4) ``National Telecommunications and Information 
     Administration, Public Telecommunications, Facilities, 
     Planning and Construction'', $1,600,000; and
       (5) ``Bureau of the Census, Periodic Censuses and 
     Programs'', $1,000,000.
       (b) Of the unobligated balances available to the Department 
     of Justice from prior appropriations, the following funds are 
     hereby rescinded, not later than September 30, 2009, from the 
     following accounts in the specified amounts:
       (1) ``General Administration, Working Capital Fund'', 
     $100,000,000;
       (2) ``Legal Activities, Assets Forfeiture Fund'', 
     $285,000,000;
       (3) ``Office of Justice Programs'', $100,000,000; and
       (4) ``Community Oriented Policing Services'', $100,000,000.
       (c) Each department affected by the recissions contained in 
     subsections (a) and (b) shall, within 30 days of enactment of 
     this Act, submit to the Committee on Appropriations of the 
     House of Representatives and the Senate a report specifying 
     the amount of each rescission made pursuant to this section.
       (d) The recissions contained in this section shall not 
     apply to funds provided in this Act.
       Sec. 530. None of the funds made available in this Act may 
     be used to purchase first class or premium airline travel in 
     contravention of sections 301-10.122 through 301-10.124 of 
     title 41 of the Code of Federal Regulations.
       Sec. 531. None of the funds made available in this Act may 
     be used to send or otherwise pay for the attendance of more 
     than 50 employees from a Federal department or agency at any 
     single conference occurring outside the United States.
       This division may be cited as the ``Commerce, Justice, 
     Science, and Related Agencies Appropriations Act, 2009''.

     DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2009

                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

       The following appropriations shall be expended under the 
     direction of the Secretary of the Army and the supervision of 
     the Chief of Engineers for authorized civil functions of the 
     Department of the Army pertaining to rivers and harbors, 
     flood and storm damage reduction, shore protection, aquatic 
     ecosystem restoration, and related efforts.


                             Investigations

       For expenses necessary where authorized by law for the 
     collection and study of basic information pertaining to river 
     and harbor, flood and storm damage reduction, shore 
     protection, aquatic ecosystem restoration, and related needs; 
     for surveys and detailed studies, and plans and 
     specifications of proposed river and harbor, flood and storm 
     damage reduction, shore protection, and aquatic ecosystem 
     restoration projects and related efforts prior to 
     construction; for restudy of authorized projects; and for 
     miscellaneous investigations and, when authorized by law, 
     surveys and detailed studies, and plans and specifications of 
     projects prior to construction, $168,100,000, to remain 
     available until expended: Provided, That, except as provided 
     in section 101 of this Act, the amounts made available under 
     this paragraph shall be expended as authorized in law for the 
     projects and activities specified in the text and table under 
     this heading in the explanatory statement described in 
     section 4 (in the matter preceding division A of this 
     consolidated Act).


                              Construction

       For expenses necessary for the construction of river and 
     harbor, flood and storm damage reduction, shore protection, 
     aquatic ecosystem restoration, and related projects 
     authorized by law; for conducting detailed studies, and plans 
     and specifications, of such projects (including those 
     involving participation by States, local governments, or 
     private groups) authorized or made eligible for selection by 
     law (but such detailed studies, and plans and specifications, 
     shall not constitute a commitment of the Government to 
     construction); $2,141,677,000, to remain available until 
     expended; of which such sums as are necessary to cover the 
     Federal share of construction costs for facilities under the 
     Dredged Material Disposal Facilities program shall be derived 
     from the Harbor Maintenance Trust Fund as authorized by 
     Public Law 104-303; and of which such sums as are necessary 
     pursuant to Public Law 99-662 shall be derived from the 
     Inland Waterways Trust Fund, to cover one-half of the costs 
     of construction, replacement, rehabilitation, and expansion 
     of inland waterways projects (including only Chickamauga 
     Lock, Tennessee; Kentucky Lock and Dam, Tennessee River, 
     Kentucky; Lock and Dams 2, 3, and 4 Monongahela River, 
     Pennsylvania; Marmet Lock and Dam, West Virginia; McAlpine 
     Lock and Dam, Kentucky and Indiana; Olmsted Lock and Dam, 
     Illinois and Kentucky; Gray's Landing Lock and Dam, 
     Pennsylvania; R.C. Byrd Lock and Dam, Ohio and

[[Page 5625]]

     West Virginia; and Point Marion Lock and Dam, Pennsylvania) 
     shall be derived from the Inland Waterways Trust Fund: 
     Provided, That the Chief of Engineers is directed to use 
     $13,000,000 of the funds appropriated herein for the Dallas 
     Floodway Extension, Texas, project, including the Cadillac 
     Heights feature, generally in accordance with the Chief of 
     Engineers report dated December 7, 1999: Provided further, 
     That the Chief of Engineers is directed to use $8,000,000 of 
     the funds appropriated herein for planning, engineering, 
     design or construction of the Grundy, Buchanan County, and 
     Dickenson County, Virginia, elements of the Levisa and Tug 
     Forks of the Big Sandy River and Upper Cumberland River 
     Project: Provided further, That the Chief of Engineers is 
     directed to use $8,500,000 of the funds appropriated herein 
     to continue planning, engineering, design or construction of 
     the Lower Mingo County, Upper Mingo County, Wayne County, 
     McDowell County, West Virginia, elements of the Levisa and 
     Tug Forks of the Big Sandy River and Upper Cumberland River 
     Project: Provided further, That the Secretary of the Army, 
     acting through the Chief of Engineers, is directed to use 
     $9,000,000 of the funds appropriated herein for the Clover 
     Fork, City of Cumberland, Town of Martin, Pike County 
     (including Levisa Fork and Tug Fork Tributaries), Bell 
     County, Harlan County in accordance with the Draft Detailed 
     Project Report dated January 2002, Floyd County, Martin 
     County, Johnson County, and Knox County, Kentucky, detailed 
     project report, elements of the Levisa and Tug Forks of the 
     Big Sandy River and Upper Cumberland River: Provided further, 
     That the Chief of Engineers is directed to use $17,048,000 of 
     the funds provided herein for planning and design and 
     construction of a rural health care facility on the Fort 
     Berthold Reservation of the Three Affiliated Tribes, North 
     Dakota: Provided further, That, except as provided in section 
     101 of this Act, the amounts made available under this 
     paragraph shall be expended as authorized in law for the 
     projects and activities specified in the text and table under 
     this heading in the explanatory statement described in 
     section 4 (in the matter preceding division A of the 
     consolidated Act).


                   Mississippi River and Tributaries

       For expenses necessary for flood damage reduction projects 
     and related efforts in the Mississippi River alluvial valley 
     below Cape Girardeau, Missouri, as authorized by law, 
     $383,823,000, to remain available until expended, of which 
     such sums as are necessary to cover the Federal share of 
     eligible operation and maintenance costs for inland harbors 
     shall be derived from the Harbor Maintenance Trust Fund: 
     Provided, That the Chief of Engineers is directed to use 
     $5,000,000 of the funds provided herein for design and real 
     estate activities and pump supply elements for the Yazoo 
     Basin, Yazoo Backwater Pumping Plant, Mississippi: Provided 
     further, That the Secretary of the Army, acting through the 
     Chief of Engineers is directed to use $8,000,000 appropriated 
     herein for construction of water withdrawal features of the 
     Grand Prairie, Arkansas, project: Provided further, That, 
     except as provided in section 101 of this Act, the amounts 
     made available under this paragraph shall be expended as 
     authorized in law for the projects and activities specified 
     in the text and table under this heading in the explanatory 
     statement described in section 4 (in the matter preceding 
     division A of this consolidated Act).


                       operation and maintenance

       For expenses necessary for the operation, maintenance, and 
     care of existing river and harbor, flood and storm damage 
     reduction, aquatic ecosystem restoration, and related 
     projects authorized by law; providing security for 
     infrastructure owned or operated by the Corps, including 
     administrative buildings and laboratories; maintaining harbor 
     channels provided by a State, municipality, or other public 
     agency that serve essential navigation needs of general 
     commerce, where authorized by law; surveying and charting 
     northern and northwestern lakes and connecting waters; 
     clearing and straightening channels; and removing 
     obstructions to navigation, $2,201,900,000, to remain 
     available until expended, of which such sums as are necessary 
     to cover the Federal share of eligible operation and 
     maintenance costs for coastal harbors and channels, and for 
     inland harbors shall be derived from the Harbor Maintenance 
     Trust Fund; of which such sums as become available from the 
     special account for the Corps established by the Land and 
     Water Conservation Act of 1965, as amended (16 U.S.C. 460l-
     6a(i)), shall be derived from that account for resource 
     protection, research, interpretation, and maintenance 
     activities related to resource protection in the areas at 
     which outdoor recreation is available; and of which such sums 
     as become available from fees collected under section 217 of 
     the Water Resources Development Act of 1996 (Public Law 104-
     303), shall be used to cover the cost of operation and 
     maintenance of the dredged material disposal facilities for 
     which such fees have been collected: Provided, That of the 
     amounts provided herein, not to exceed $500,000 is provided 
     to the Secretary of the Army to reimburse travel expenses as 
     provided for in section 9003(f) of the Water Resources 
     Development Act of 2007, Public Law 110-114 (121 Stat. 1289-
     1290): Provided further, That 2 percent of the total amount 
     of funds provided for each of the programs, projects or 
     activities funded under this heading shall not be allocated 
     to a field operating activity prior to the beginning of the 
     fourth quarter of the fiscal year and shall be available for 
     use by the Chief of Engineers to fund such emergency 
     activities as the Chief of Engineers determines to be 
     necessary and appropriate; and that the Chief of Engineers 
     shall allocate during the fourth quarter any remaining funds 
     which have not been used for emergency activities 
     proportionally in accordance with the amounts provided for 
     the programs, projects or activities: Provided further, That, 
     except as provided in section 101 of this Act, the amounts 
     made available under this paragraph shall be expended as 
     authorized in law for the projects and activities specified 
     in the text and table under the heading in the explanatory 
     statement described in section 4 (in the matter preceding 
     division A of this consolidated Act).


                           Regulatory Program

       For expenses necessary for administration of laws 
     pertaining to regulation of navigable waters and wetlands, 
     $183,000,000, to remain available until expended: Provided, 
     That the Secretary of the Army, acting through the Chief of 
     Engineers, may use up to $3,200,000 of the funds appropriated 
     herein to reimburse the Port of Arlington, Gillam County, 
     Oregon, for those direct construction costs determined by the 
     Secretary to have been incurred by the Port as a result of 
     and following issuance of the Department of the Army 
     Regulatory Program permit for the construction of a 
     commercial dock and offload facility at the Port in February 
     2007, including the removal of the commercial dock and 
     offload facility.


            Formerly Utilized Sites Remedial Action Program

       For expenses necessary to clean up contamination from sites 
     in the United States resulting from work performed as part of 
     the Nation's early atomic energy program, $140,000,000, to 
     remain available until expended.


                                Expenses

       For expenses necessary for the supervision and general 
     administration of the civil works program in the headquarters 
     of the United States Army Corps of Engineers, and the offices 
     of the Division Engineers; and for the management and 
     operation of the Humphreys Engineer Center Support Activity, 
     the Institute for Water Resources, the United States Army 
     Engineer Research and Development Center, and the United 
     States Army Corps of Engineers Finance Center, $179,365,000, 
     to remain available until expended, of which not to exceed 
     $5,000 may be used for official reception and representation 
     purposes and only during the current fiscal year: Provided, 
     That no part of any other appropriation provided in title I 
     of this Act shall be available to fund the civil works 
     activities of the Office of the Chief of Engineers or the 
     civil works executive direction and management activities of 
     the division offices.


        office of assistant secretary of the army (civil works)

       For the Office of Assistant Secretary of the Army (Civil 
     Works) as authorized by 10 U.S.C. 3016(b)(3), $4,500,000, to 
     remain available until expended.


                        Administrative Provision

       The Revolving Fund, Corps of Engineers, shall be available 
     during the current fiscal year for purchase (not to exceed 
     100 for replacement only) and hire of passenger motor 
     vehicles for the civil works program.


             GENERAL PROVISIONS, Corps of Engineers--Civil

       Sec. 101. (a) None of the funds provided in title I of this 
     Act, or provided by previous appropriations Acts to the 
     agencies or entities funded in title I of this Act that 
     remain available for obligation or expenditure in fiscal year 
     2009, shall be available for obligation or expenditure 
     through a reprogramming of funds that:
       (1) creates or initiates a new program, project, or 
     activity;
       (2) eliminates a program, project, or activity;
       (3) increases funds or personnel for any program, project, 
     or activity for which funds have been denied or restricted by 
     this Act, unless prior approval is received from the House 
     and Senate Committees on Appropriations;
       (4) proposes to use funds directed for a specific activity 
     for a different purpose, unless prior approval is received 
     from the House and Senate Committees on Appropriations;
       (5) augments or reduces existing programs, projects or 
     activities in excess of the amounts contained in subsections 
     6 through 10, unless prior approval is received from the 
     House and Senate Committees on Appropriations;
       (6) Investigations.--For a base level over $100,000, 
     reprogramming of 25 percent of the base amount up to a limit 
     of $150,000 per project, study or activity is allowed: 
     Provided, That for a base level less than $100,000, the 
     reprogramming limit is $25,000; Provided further, That up to 
     $25,000 may be reprogrammed into any continuing study or 
     activity that did not receive an appropriation for

[[Page 5626]]

     existing obligations and concomitant administrative expenses;
       (7) Construction.--For a base level over $2,000,000, 
     reprogramming of 15 percent of the base amount up to a limit 
     of $3,000,000 per project, study or activity is allowed: 
     Provided, That for a base level less than $2,000,000, the 
     reprogramming limit is $300,000: Provided further, That up to 
     $3,000,000 may be reprogrammed for settled contractor claims, 
     changed conditions, or real estate deficiency judgments: 
     Provided further, That up to $300,000 may be reprogrammed 
     into any continuing study or activity that did not receive an 
     appropriation for existing obligations and concomitant 
     administrative expenses;
       (8) Operation and maintenance.--Unlimited reprogramming 
     authority is granted in order for the Corps to be able to 
     respond to emergencies: Provided, That the Chief of Engineers 
     must notify the House and Senate Committees on Appropriations 
     of these emergency actions as soon thereafter as practicable: 
     Provided further, That for a base level over $1,000,000, 
     reprogramming of 15 percent of the base amount up to a limit 
     of $5,000,000 per project, study or activity is allowed: 
     Provided further, That for a base level less than $1,000,000, 
     the reprogramming limit is $150,000: Provided further, That 
     $150,000 may be reprogrammed into any continuing study or 
     activity that did not receive an appropriation;
       (9) Mississippi river and tributaries.--The same 
     reprogramming guidelines for the Investigations, 
     Construction, and Operation and Maintenance portions of the 
     Mississippi River and Tributaries Account as listed above; 
     and
       (10) Formerly utilized sites remedial action program.--
     Reprogramming of up to 15 percent of the base of the 
     receiving project is permitted.
       (b) Continuing Authorities Program.--Subsection (a)(1) 
     shall not apply to any project or activity funded under the 
     continuing authorities program.
       (c) Not later than 60 days after the date of enactment of 
     this Act, the Corps of Engineers shall submit a report to the 
     House and Senate Committees on Appropriations to establish 
     the baseline for application of reprogramming and transfer 
     authorities for the current fiscal year: Provided, That the 
     report shall include:
       (1) A table for each appropriation with a separate column 
     to display the President's budget request, adjustments made 
     by Congress, adjustments due to enacted rescissions, if 
     appropriate, and the fiscal year enacted level;
       (2) A delineation in the table for each appropriation both 
     by object class and program, project and activity as detailed 
     in the budget appendix for the respective appropriations; and
       (3) An identification of items of special congressional 
     interest: Provided further, That the amount appropriated for 
     salaries and expenses of the Corps of Engineers shall be 
     reduced by $100,000 per day for each day after the required 
     date that the report has not been submitted to the Congress.
       Sec. 102. None of the funds in this Act, or previous Acts, 
     making funds available for Energy and Water Development, 
     shall be used to implement any pending or future competitive 
     sourcing actions under OMB Circular A-76 or High Performing 
     Organizations for the U.S. Army Corps of Engineers.
       Sec. 103.  None of the funds made available in this title 
     may be used to award or modify any contract that commits an 
     amount for a project in excess of the amounts appropriated 
     for that project that remain unobligated.
       Sec. 104. Within 90 days of the date of the Chief of 
     Engineers Report on a water resource matter, the Assistant 
     Secretary of the Army (Civil Works) shall submit the report 
     to the appropriate authorizing and appropriating committees 
     of the Congress.
       Sec. 105. Water Reallocation, Lake Cumberland, Kentucky. 
     (a) In General.--Subject to subsection (b), none of the funds 
     made available by this Act may be used to carry out any water 
     reallocation project or component under the Wolf Creek 
     Project, Lake Cumberland, Kentucky, authorized under the Act 
     of June 28, 1938 (52 Stat. 1215, ch. 795) and the Act of July 
     24, 1946 (60 Stat. 636, ch. 595).
       (b) Existing Reallocations.--Subsection (a) shall not apply 
     to any water reallocation for Lake Cumberland, Kentucky, that 
     is carried out subject to an agreement or payment schedule in 
     effect on the date of enactment of this Act.
       Sec. 106. Section 121 of the Energy and Water Development 
     Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 2256) 
     is amended by striking subsection (a) and inserting the 
     following:
       ``(a) Hereafter, the Secretary of the Army may carry out 
     and fund planning studies, watershed surveys and assessments, 
     or technical studies at 100 percent Federal expense to 
     accomplish the purposes of the 2003 Biological Opinion 
     described in section 205(b) of the Energy and Water 
     Development Appropriations Act, 2005 (Public Law 108-447; 118 
     Stat. 2949) as amended by subsection (b) or any related 
     subsequent biological opinion, and the collaborative program 
     long-term plan. In carrying out a study, survey, or 
     assessment under this subsection, the Secretary of the Army 
     shall consult with Federal, State, tribal and local 
     governmental entities, as well as entities participating in 
     the Middle Rio Grande Endangered Species Collaborative 
     Program referred to in section 205 of this Act: Provided, 
     That the Secretary of the Army may also provide planning and 
     administrative assistance to the Middle Rio Grande Endangered 
     Species Collaborative Program, which shall not be subject to 
     cost sharing requirements with non-Federal interests.''.
       Sec. 107. None of the funds in this Act, or previous Acts, 
     making funds available for Energy and Water Development shall 
     be used to award any continuing contract that commits 
     additional funding from the Inland Waterway Trust Fund unless 
     or until such time that a permanent solution to enhance 
     revenues in the fund is enacted.
       Sec. 108. The Secretary is authorized to conduct a study of 
     the Missouri River Projects located within the Missouri River 
     basin at a total cost of $25,000,000 with the express purpose 
     to review the original project purposes based on the Flood 
     Control Act of 1944, as amended, and other subsequent 
     relevant legislation and judicial rulings to determine if 
     changes to the authorized project purposes and existing 
     Federal water resource infrastructure may be warranted: 
     Provided, That this study shall be undertaken at full Federal 
     expense.
       Sec. 109. Section 134 of Public Law 108-137 (117 Stat. 
     1842), as amended by section 128(b) of Public Law 109-103 
     (119 Stat. 2260), is further amended by striking 
     ``$30,000,000'' wherever it appears and inserting 
     ``$48,300,000'' in lieu thereof.
       Sec. 110. Section 101(a)(5) of the Water Resources 
     Development Act of 1996 (110 Stat. 3663) is amended--
       (1) by inserting ``(A) In general.--'' before ``The''; and
       (2) by adding at the end the following:
       ``(B) Credit toward non-federal share.--The Secretary shall 
     credit toward the non-Federal share of the project the costs 
     expended by non-Federal interests for the replacement and 
     reconstruction of the Soquel Avenue Bridge.
       ``(C) Maximum amount of credit.--The credit under paragraph 
     (B) may not exceed $2,000,000.
       ``(D) Limitation of total project cost.--The Secretary 
     shall not include the costs to be credited under paragraphs 
     (B) and (C) in total project costs in determining the amounts 
     of the Federal and non-Federal contributions.''.
       Sec. 111. The Missouri River Levee System (MRLS) Unit L-385 
     Project, Riverside, Missouri, authorized by the Flood Control 
     Act of 1941, Public Law 77-228, and the Flood Control Act of 
     1944, Public Law 78-534, is modified to direct the Secretary, 
     acting through the Chief of Engineers, to take such action as 
     is necessary to correct deficiencies in the L-385 levee 
     system in Riverside, Missouri at full Federal expense at a 
     cost of no more than $7,000,000.
       Sec. 112. Section 115 of the Energy and Water Development 
     and Related Agencies Appropriations Act, 2008 as contained in 
     division C of Public Law 110-161, is amended by striking 
     ``$20,000,000. The Secretary shall transfer this facility to 
     the Secretary of the Interior for operation and maintenance 
     upon the completion of construction.'' and inserting in lieu 
     thereof, ``$20,000,000: Provided, That the Secretary shall 
     transfer ownership of this facility to the Secretary of 
     Health and Human Services for operation and maintenance upon 
     the completion of construction.''.
       Sec. 113. Section 103(c)(7) of the Water Resources 
     Development Act of 1992 (106 Stat. 4811-12), as amended by 
     section 117 of the Energy and Water Development 
     Appropriations Act of 2006 (119 Stat. 2255), is further 
     amended by striking ``15,000,000'' and inserting 
     ``26,000,000''.
       Sec. 114. Section 3118 of Public Law 110-114 (121 Stat. 
     1137) is amended by--
       (1) in paragraph (b) by inserting after ``New Mexico'' the 
     following: ``in accordance with the plans recommended in the 
     feasibility report for the Middle Rio Grande Bosque, New 
     Mexico, scheduled for completion in December 2008'';
       (2) redesignating subsection (d) as subsection (e); and
       (3) inserting a new subsection (d):
       ``(d) Cost Sharing.--Any requirement for non-Federal 
     participation in a project carried out in the bosque of 
     Bernalillo County, New Mexico, pursuant to this section shall 
     be limited to the provision of lands, easements, rights-of-
     way, relocations, and dredged material disposal areas 
     necessary for construction, operation and maintenance of the 
     project.''.
       Sec. 115. The non-Federal interest for the project 
     referenced in section 3154 of the Water Resources Development 
     Act of 2007 (Public Law 110-114; 121 Stat. 1148) may carry 
     out design and construction work on the project in advance of 
     Federal appropriations or may provide funds directly to the 
     Secretary for the Secretary to carry out such work: Provided, 
     That the Secretary of the Army shall reimburse the non-
     Federal interest for any costs incurred by the non-Federal 
     interest that are in excess of the non-Federal share of total 
     project costs subject to the availability of appropriations.

[[Page 5627]]

       Sec. 116. The Colorado Department of Natural Resources is 
     authorized to perform modifications of the facility 
     (Chatfield Reservoir, Colorado), and any required mitigation 
     which results from implementation of the project: Provided, 
     That in carrying out the reassignment of storage space 
     provided for in this section, the Secretary shall collaborate 
     with the Colorado Department of Natural Resources and local 
     interests to determine costs to be repaid for storage that 
     reflects the limited reliability of the resources and the 
     capability of non-Federal interests to make use of the 
     reallocated storage space in Chatfield Reservoir, Colorado.
       Sec. 117. Section 117 of the Energy and Water Development 
     and Related Agencies Appropriations Act, 2005, as contained 
     in division C of Public Law 108-447, is hereby repealed.
       Sec. 118. The Secretary of Army, acting through the Chief 
     of Engineers, shall reassign the regulatory boundaries of the 
     Chicago District to align with the existing civil works 
     boundaries of the Chicago District.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project


                central utah project completion account

       For carrying out activities authorized by the Central Utah 
     Project Completion Act, $40,360,000, to remain available 
     until expended, of which $987,000 shall be deposited into the 
     Utah Reclamation Mitigation and Conservation Account for use 
     by the Utah Reclamation Mitigation and Conservation 
     Commission. In addition, for necessary expenses incurred in 
     carrying out related responsibilities of the Secretary of the 
     Interior, $1,640,000, to remain available until expended. For 
     fiscal year 2009, the Commission may use an amount not to 
     exceed $1,500,000 for administrative expenses.

                         Bureau of Reclamation

       The following appropriations shall be expended to execute 
     authorized functions of the Bureau of Reclamation:


                      Water and Related Resources

                     (including transfers of funds)

       For management, development, and restoration of water and 
     related natural resources and for related activities, 
     including the operation, maintenance, and rehabilitation of 
     reclamation and other facilities, participation in fulfilling 
     related Federal responsibilities to Native Americans, and 
     related grants to, and cooperative and other agreements with, 
     State and local governments, federally recognized Indian 
     tribes, and others, $920,259,000, to remain available until 
     expended, of which $46,655,000 shall be available for 
     transfer to the Upper Colorado River Basin Fund and 
     $24,962,000 shall be available for transfer to the Lower 
     Colorado River Basin Development Fund; of which such amounts 
     as may be necessary may be advanced to the Colorado River Dam 
     Fund; of which not more than $500,000 is for high priority 
     projects which shall be carried out by the Youth Conservation 
     Corps, as authorized by 16 U.S.C. 1706: Provided, That such 
     transfers may be increased or decreased within the overall 
     appropriation under this heading: Provided further, That of 
     the total appropriated, the amount for program activities 
     that can be financed by the Reclamation Fund or the Bureau of 
     Reclamation special fee account established by 16 U.S.C. 
     460l-6a(i) shall be derived from that Fund or account: 
     Provided further, That funds contributed under 43 U.S.C. 395 
     are available until expended for the purposes for which 
     contributed: Provided further, That funds advanced under 43 
     U.S.C. 397a shall be credited to this account and are 
     available until expended for the same purposes as the sums 
     appropriated under this heading: Provided further, That funds 
     available for expenditure for the Departmental Irrigation 
     Drainage Program may be expended by the Bureau of Reclamation 
     for site remediation on a nonreimbursable basis: Provided 
     further, That funds provided for the Friant-Kern and Madera 
     Canals improvements may be expended on a non-reimbursable 
     basis: Provided further, That $4,000,000 of the funds 
     appropriated under this heading shall be deposited in the San 
     Gabriel Basin Restoration Fund established by section 110 of 
     title I of appendix D of Public Law 106-554: Provided 
     further, That, except as provided in section 201 of this Act, 
     the amounts made available under this paragraph shall be 
     expended as authorized in law for the projects and activities 
     specified in the text and table under this heading in the 
     explanatory statement described in section 4 (in the matter 
     preceding division A of this consolidated Act).


                Central Valley Project Restoration Fund

       For carrying out the programs, projects, plans, habitat 
     restoration, improvement, and acquisition provisions of the 
     Central Valley Project Improvement Act, $56,079,000, to be 
     derived from such sums as may be collected in the Central 
     Valley Project Restoration Fund pursuant to sections 3407(d), 
     3404(c)(3), 3405(f), and 3406(c)(1) of Public Law 102-575, to 
     remain available until expended: Provided, That the Bureau of 
     Reclamation is directed to assess and collect the full amount 
     of the additional mitigation and restoration payments 
     authorized by section 3407(d) of Public Law 102-575: Provided 
     further, That none of the funds made available under this 
     heading may be used for the acquisition or leasing of water 
     for in-stream purposes if the water is already committed to 
     in-stream purposes by a court adopted decree or order.


                    California Bay-Delta Restoration

                     (including transfers of funds)

       For carrying out activities authorized by the Water Supply, 
     Reliability, and Environmental Improvement Act, consistent 
     with plans to be approved by the Secretary of the Interior, 
     $40,000,000, to remain available until expended, of which 
     such amounts as may be necessary to carry out such activities 
     may be transferred to appropriate accounts of other 
     participating Federal agencies to carry out authorized 
     purposes: Provided, That funds appropriated herein may be 
     used for the Federal share of the costs of CALFED Program 
     management: Provided further, That the use of any funds 
     provided to the California Bay-Delta Authority for program-
     wide management and oversight activities shall be subject to 
     the approval of the Secretary of the Interior: Provided 
     further, That CALFED implementation shall be carried out in a 
     balanced manner with clear performance measures demonstrating 
     concurrent progress in achieving the goals and objectives of 
     the Program.


                       policy and administration

                     (including transfer of funds)

       For necessary expenses of policy, administration, and 
     related functions in the Office of the Commissioner, the 
     Denver office, and offices in the five regions of the Bureau 
     of Reclamation, to remain available until expended, 
     $59,400,000, to be derived from the Reclamation Fund and be 
     nonreimbursable as provided in 43 U.S.C. 377: Provided, That 
     no part of any other appropriation in this Act shall be 
     available for activities or functions budgeted as policy and 
     administration expenses: Provided further, That, of the funds 
     provided under this heading, $10,000,000 shall be transferred 
     to ``Water and Related Resources'' upon the expiration of the 
     90-day period following the date of enactment of this Act if 
     during such period, the Secretary of the Interior has not 
     submitted to the Committees on Appropriations of the House of 
     Representatives and the Senate the Bureau of Reclamation's 
     five-year budget plan.


                        ADMINISTRATIVE PROVISION

       Appropriations for the Bureau of Reclamation shall be 
     available for purchase of not to exceed seven passenger motor 
     vehicles, which are for replacement only.

             General Provisions, Department of the Interior

       Sec. 201. (a) None of the funds provided in title II of 
     this Act for Water and Related Resources, or provided by 
     previous appropriations Acts to the agencies or entities 
     funded in title II of this Act for Water and Related 
     Resources that remain available for obligation or expenditure 
     in fiscal year 2009, shall be available for obligation or 
     expenditure through a reprogramming of funds that--
       (1) initiates or creates a new program, project, or 
     activity;
       (2) eliminates a program, project, or activity;
       (3) increases funds for any program, project, or activity 
     for which funds have been denied or restricted by this Act, 
     unless prior approval is received from the Committees on 
     Appropriations of the House of Representatives and the 
     Senate;
       (4) restarts or resumes any program, project or activity 
     for which funds are not provided in this Act, unless prior 
     approval is received from the Committees on Appropriations of 
     the House of Representatives and the Senate;
       (5) transfers funds in excess of the following limits, 
     unless prior approval is received from the Committees on 
     Appropriations of the House of Representatives and the 
     Senate:
       (A) 15 percent for any program, project or activity for 
     which $2,000,000 or more is available at the beginning of the 
     fiscal year; or
       (B) $300,000 for any program, project or activity for which 
     less than $2,000,000 is available at the beginning of the 
     fiscal year;
       (6) transfers more than $500,000 from either the Facilities 
     Operation, Maintenance, and Rehabilitation category or the 
     Resources Management and Development category to any program, 
     project, or activity in the other category, unless prior 
     approval is received from the Committees on Appropriations of 
     the House of Representatives and the Senate; or
       (7) transfers, where necessary to discharge legal 
     obligations of the Bureau of Reclamation, more than 
     $5,000,000 to provide adequate funds for settled contractor 
     claims, increased contractor earnings due to accelerated 
     rates of operations, and real estate deficiency judgments, 
     unless prior approval is received from the Committees on 
     Appropriations of the House of Representatives and the 
     Senate.
       (b) Subsection (a)(5) shall not apply to any transfer of 
     funds within the Facilities Operation, Maintenance, and 
     Rehabilitation category.
       (c) For purposes of this section, the term ``transfer'' 
     means any movement of funds into or out of a program, 
     project, or activity.
       (d) The Bureau of Reclamation shall submit reports on a 
     quarterly basis to the Committees on Appropriations of the 
     House of

[[Page 5628]]

     Representatives and the Senate detailing all the funds 
     reprogrammed between programs, projects, activities, or 
     categories of funding. The first quarterly report shall be 
     submitted not later than 60 days after the date of enactment 
     of this Act.
       Sec. 202. (a) None of the funds appropriated or otherwise 
     made available by this Act may be used to determine the final 
     point of discharge for the interceptor drain for the San Luis 
     Unit until development by the Secretary of the Interior and 
     the State of California of a plan, which shall conform to the 
     water quality standards of the State of California as 
     approved by the Administrator of the Environmental Protection 
     Agency, to minimize any detrimental effect of the San Luis 
     drainage waters.
       (b) The costs of the Kesterson Reservoir Cleanup Program 
     and the costs of the San Joaquin Valley Drainage Program 
     shall be classified by the Secretary of the Interior as 
     reimbursable or nonreimbursable and collected until fully 
     repaid pursuant to the ``Cleanup Program-Alternative 
     Repayment Plan'' and the ``SJVDP-Alternative Repayment Plan'' 
     described in the report entitled ``Repayment Report, 
     Kesterson Reservoir Cleanup Program and San Joaquin Valley 
     Drainage Program, February 1995'', prepared by the Department 
     of the Interior, Bureau of Reclamation. Any future 
     obligations of funds by the United States relating to, or 
     providing for, drainage service or drainage studies for the 
     San Luis Unit shall be fully reimbursable by San Luis Unit 
     beneficiaries of such service or studies pursuant to Federal 
     reclamation law.
       Sec. 203. None of the funds appropriated or otherwise made 
     available by this or any other Act may be used to pay the 
     salaries and expenses of personnel to purchase or lease water 
     in the Middle Rio Grande or the Carlsbad Projects in New 
     Mexico unless said purchase or lease is in compliance with 
     the purchase requirements of section 202 of Public Law 106-
     60.
       Sec. 204. Funds under this title for Drought Emergency 
     Assistance shall be made available primarily for leasing of 
     water for specified drought related purposes from willing 
     lessors, in compliance with existing State laws and 
     administered under State water priority allocation.
       Sec. 205. The Secretary of the Interior, acting through the 
     Commissioner of the Bureau of Reclamation, is authorized to 
     enter into grants, cooperative agreements, and other 
     agreements with irrigation or water districts and States to 
     fund up to 50 percent of the cost of planning, designing, and 
     constructing improvements that will conserve water, increase 
     water use efficiency, or enhance water management through 
     measurement or automation, at existing water supply projects 
     within the States identified in the Act of June 17, 1902, as 
     amended, and supplemented: Provided, That when such 
     improvements are to federally owned facilities, such funds 
     may be provided in advance on a nonreimbursable basis to an 
     entity operating affected transferred works or may be deemed 
     nonreimbursable for nontransferred works: Provided further, 
     That the calculation of the non-Federal contribution shall 
     provide for consideration of the value of any in-kind 
     contributions, but shall not include funds received from 
     other Federal agencies: Provided further, That the cost of 
     operating and maintaining such improvements shall be the 
     responsibility of the non-Federal entity: Provided further, 
     That this section shall not supercede any existing project-
     specific funding authority: Provided further, That the 
     Secretary is also authorized to enter into grants or 
     cooperative agreements with universities or nonprofit 
     research institutions to fund water use efficiency research.
       Sec. 206. (a) Section 209 of the Energy and Water 
     Development Appropriations Act, 2004 (Public Law 108-137; 117 
     Stat. 1850) is repealed.
       (b) The Secretary of the Interior (referred to in this 
     section as the ``Secretary'') shall establish and maintain an 
     Executive Committee of the Middle Rio Grande Endangered 
     Species Collaborative Program (referred to in this section as 
     the ``Executive Committee'') consistent with the bylaws of 
     the Middle Rio Grande Endangered Species Collaborative 
     Program adopted on October 2, 2006.
       (c) Hereafter, in compliance with applicable Federal and 
     State laws, the Secretary (acting through the Commissioner of 
     Reclamation), in collaboration with the Executive Committee, 
     may enter into any grants, contracts, cooperative agreements, 
     interagency agreements, or other agreements that the 
     Secretary determines to be necessary to comply with the 2003 
     Biological Opinion described in section 205(b) of the Energy 
     and Water Development Appropriations Act, 2005 (Public Law 
     108-447; 118 Stat. 2949) as amended by section 121(b) of the 
     Energy and Water Development Appropriations Act, 2006 (Public 
     Law 109-103; 119 Stat. 2256) or any related subsequent 
     biological opinion or in furtherance of the objectives set 
     forth in the collaborative program long-term plan.
       (d)(1) The acquisition of water under subsection (c) and 
     any administrative costs associated with carrying out 
     subsection (c) shall be at full Federal expense.
       (2) Not more than 15 percent of amounts appropriated to 
     carry out subsection (c) shall be made available for the 
     payment of administrative expenses associated with carrying 
     out that subsection.
       (e)(1) The non-Federal share of activities carried out 
     under subsection (c) (other than an activity or a cost 
     described in subsection (d)(1)) shall be 25 percent. The non-
     Federal cost share shall be determined on a programmatic, 
     rather than a project-by-project basis.
       (2) The non-Federal share required under paragraph (1) may 
     be in the form of in-kind contributions, the value of which 
     shall be determined by the Secretary in consultation with the 
     executive committee.
       (f) Nothing in this section modifies or expands the 
     discretion of the Secretary with respect to operating 
     reservoir facilities under the jurisdiction of the Secretary 
     in the Rio Grande Valley, New Mexico.
       Sec. 207. Section 208 of the Energy and Water Development 
     and Related Agencies Appropriations Act, 2008 (Public Law 
     110-161; 121 Stat. 1953) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)(B), by inserting ``, as determined by 
     the nonprofit conservation organization'' after ``Lake''; and
       (B) in paragraph (4), by striking ``retirement of water 
     rights'' and all that follows through the semicolon at the 
     end and inserting ``retirement of water rights;''; and
       (2) in subsection (b), by striking ``June 30, 2010'' and 
     inserting ``June 30, 2012''.
       Sec. 208. Notwithstanding any other provision of law, of 
     amounts made available under section 2507 of the Farm 
     Security and Rural Investment Act of 2002 (43 U.S.C. 2211 
     note; Public Law 107-171), the Secretary of the Interior 
     acting through the Commissioner of Reclamation, shall 
     allocate--
       (1) $300,000 to the Desert Research Institute for LIDAR 
     acquisition data in the Walker River Basin, to supplement 
     water rights research and data funded under section 208(a)(1) 
     of the Energy and Water Development Appropriations Act, 2006 
     (Public Law 109-103; 119 Stat. 2268); and
       (2) $300,000 to the Director of the United States Fish and 
     Wildlife Service to conduct a multiyear assessment of and 
     monitoring of the ability of west central Nevada lakes to 
     support migratory loons, and identification of wintering 
     areas and annual range of loons using Walker Lake during 
     migration.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                 Energy Efficiency and Renewable Energy

       For Department of Energy expenses including the purchase, 
     construction, and acquisition of plant and capital equipment, 
     and other expenses necessary for energy efficiency and 
     renewable energy activities in carrying out the purposes of 
     the Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, and the purchase of 
     not to exceed two passenger vehicles for replacement, 
     $1,928,540,000, to remain available until expended: Provided, 
     That, of the amount appropriated in this paragraph, 
     $228,803,380 shall be used for projects specified in the 
     table that appears under the heading ``Congressionally 
     Directed Energy Efficiency and Renewable Energy Projects'' in 
     the text and table under this heading in the explanatory 
     statement described in section 4 (in the matter preceding 
     division A of this consolidated Act).

              Electricity Delivery and Energy Reliability

       For Department of Energy expenses including the purchase, 
     construction, and acquisition of plant and capital equipment, 
     and other expenses necessary for electricity delivery and 
     energy reliability activities in carrying out the purposes of 
     the Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, $137,000,000, to 
     remain available until expended: Provided, That, of the 
     amount appropriated in this paragraph, $19,648,475 shall be 
     used for projects specified in the table that appears under 
     the heading ``Congressionally Directed Electricity Delivery 
     and Energy Reliability Projects'' in the text and table under 
     this heading in the explanatory statement described in 
     section 4 (in the matter preceding division A of this 
     consolidated Act).

                             Nuclear Energy


                     (including transfer of funds)

       For Department of Energy expenses including the purchase, 
     construction, and acquisition of plant and capital equipment, 
     and other expenses necessary for nuclear energy activities in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition or condemnation of any real property or any 
     facility or for plant or facility acquisition, construction, 
     or expansion, and the purchase of not to exceed 29 passenger 
     motor vehicles, including three new buses and 26 replacement 
     vehicles, including one ambulance, $792,000,000, to remain 
     available until expended: Provided, That, of the amount 
     appropriated in this paragraph, $2,854,500 shall be used for 
     projects specified in the table that appears under the 
     heading ``Congressionally

[[Page 5629]]

     Directed Nuclear Energy Projects'' in the text and table 
     under this heading in the explanatory statement described in 
     section 4 (in the matter preceding division A of this 
     consolidated Act).


                         Clean Coal Technology

                     (including transfer of funds)

       Of the funds made available under this heading for 
     obligation in prior years, $149,000,000 of uncommitted 
     balances are transferred to Fossil Energy Research and 
     Development to be used until expended: Provided, That funds 
     made available in previous appropriations Acts shall be made 
     available for any ongoing project regardless of the separate 
     request for proposal under which the project was selected.

                 Fossil Energy Research and Development


                     (including transfer of funds)

       For necessary expenses in carrying out fossil energy 
     research and development activities, under the authority of 
     the Department of Energy Organization Act (Public Law 95-91), 
     including the acquisition of interest, including defeasible 
     and equitable interests in any real property or any facility 
     or for plant or facility acquisition or expansion, and for 
     conducting inquiries, technological investigations and 
     research concerning the extraction, processing, use, and 
     disposal of mineral substances without objectionable social 
     and environmental costs (30 U.S.C. 3, 1602, and 1603), 
     $876,320,000, to remain available until expended, of which 
     $149,000,000 shall be derived by transfer from ``Clean Coal 
     Technology'': Provided, That of the amounts provided, 
     $288,174,000 is available for the Clean Coal Power Initiative 
     Round III solicitation, pursuant to title IV of the Public 
     Law 109-58: Provided further, That funds appropriated for 
     prior solicitations under the Clean Coal Technology Program, 
     Power Plant Improvement Initiative, Clean Coal Power 
     Initiative, and FutureGen, but not required by the Department 
     to meet its obligations on projects selected under such 
     solicitations, may be utilized for the Clean Coal Power 
     Initiative Round III solicitation under this Act in 
     accordance with the requirements of this Act rather than the 
     Acts under which the funds were appropriated: Provided 
     further, That no Clean Coal Power Initiative project may be 
     selected for which full funding is not available to provide 
     for the total project: Provided further, That if a Clean Coal 
     Power Initiative project selected after enactment of this 
     legislation for negotiation under this or any other Act in 
     any fiscal year, is not awarded within 2 years from the date 
     the application was selected, negotiations shall cease and 
     the Federal funds committed to the application shall be 
     retained by the Department for future coal-related research, 
     development and demonstration projects, except that the time 
     limit may be extended at the Secretary's discretion for 
     matters outside the control of the applicant, or if the 
     Secretary determines that extension of the time limit is in 
     the public interest: Provided further, That the Secretary may 
     not delegate this responsibility for applications greater 
     than $10,000,000: Provided further, That financial assistance 
     for costs in excess of those estimated as of the date of 
     award of original Clean Coal Power Initiative financial 
     assistance may not be provided in excess of the proportion of 
     costs borne by the Government in the original agreement and 
     shall be limited to 25 percent of the original financial 
     assistance: Provided further, That funds shall be expended in 
     accordance with the provisions governing the use of funds 
     contained under the heading ``Clean Coal Technology'' in 42 
     U.S.C. 5903d as well as those contained under the heading 
     ``Clean Coal Technology'' in prior appropriations: Provided 
     further, That any technology selected under these programs 
     shall be considered a Clean Coal Technology, and any project 
     selected under these programs shall be considered a Clean 
     Coal Technology Project, for the purposes of 42 U.S.C. 7651n, 
     and chapters 51, 52, and 60 of title 40 of the Code of 
     Federal Regulations: Provided further, That funds available 
     for the Clean Coal Power Initiative Round III Funding 
     Opportunity Announcement may be used to support any 
     technology that meets the requirements of the Round III 
     Announcement relating to carbon capture and storage or other 
     beneficial uses of CO2, without regard to the 70 
     and 30 percent funding allocations specified in section 
     402(b)(1)(A) and 402(b)(2)(A) of Public Law 109-58: Provided 
     further, That no part of the sum herein made available shall 
     be used for the field testing of nuclear explosives in the 
     recovery of oil and gas: Provided further, That, of the 
     amount appropriated in this paragraph, $43,864,150 shall be 
     used for projects specified in the table that appears under 
     the heading ``Congressionally Directed Fossil Energy 
     Projects'' in the text and table under this heading in the 
     explanatory statement described in section 4 (in the matter 
     preceding division A of this consolidated Act).

                 Naval Petroleum and Oil Shale Reserves

       For expenses necessary to carry out naval petroleum and oil 
     shale reserve activities, including the hire of passenger 
     motor vehicles, $19,099,000, to remain available until 
     expended: Provided, That, notwithstanding any other provision 
     of law, unobligated funds remaining from prior years shall be 
     available for all naval petroleum and oil shale reserve 
     activities.

                      Strategic Petroleum Reserve

       For necessary expenses for Strategic Petroleum Reserve 
     facility development and operations and program management 
     activities pursuant to the Energy Policy and Conservation Act 
     of 1975, as amended (42 U.S.C. 6201 et seq.), $205,000,000, 
     to remain available until expended, of which $31,507,000 
     shall be provided to initiate new site expansion activities, 
     beyond land acquisition, consistent with the budget request: 
     Provided, That none of the funds provided for new site 
     expansion activities may be obligated or expended for 
     authorized activities until the Secretary has submitted a 
     report to the Congress on the effects of expansion of the 
     Reserve on the domestic petroleum market, which is required 
     to be submitted within 45 days of enactment of this Act.

                   Northeast Home Heating Oil Reserve

       For necessary expenses for Northeast Home Heating Oil 
     Reserve storage, operation, and management activities 
     pursuant to the Energy Policy and Conservation Act, 
     $9,800,000, to remain available until expended.

                   Energy Information Administration

       For necessary expenses in carrying out the activities of 
     the Energy Information Administration, $110,595,000, to 
     remain available until expended.

                   Non-Defense Environmental Cleanup

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other expenses necessary for non-defense environmental 
     cleanup activities in carrying out the purposes of the 
     Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, $261,819,000, to 
     remain available until expended: Provided, That the 
     appropriation includes funds for environmental remediation 
     activities associated with the Energy Technology and 
     Engineering Center (ETEC) at the Santa Susana Field 
     Laboratory (SSFL), subject to the following: (1) the 
     Department shall use a portion of this funding to enter into 
     an interagency agreement with the Environmental Protection 
     Agency (EPA) regarding a comprehensive radioactive site 
     characterization of Area IV of the SSFL and (2) the 
     Department shall provide the amount required by EPA for the 
     radioactive site characterization in fiscal year 2009 from 
     within the available funds: Provided further, That of the 
     amounts provided, $5,000,000 is available for necessary 
     expenses for the purpose of carrying out remedial actions 
     under this title at real property in the vicinity of the Tuba 
     City processing site designated in section 102(a)(1), of the 
     Uranium Mill Tailings Radiation Control Act of 1978 (Public 
     Law 95-604, as amended; 42 U.S.C. 7901, et seq.), 
     notwithstanding section 112 of that Act, at a dump site 
     immediately adjacent to the north-northwest section of the 
     Tuba City processing site, and on the north side of Highway 
     160: Provided further, That, of the amount appropriated in 
     this paragraph, $4,757,500 shall be used for projects 
     specified in the table that appears under the heading 
     ``Congressionally Directed Non-Defense Environmental Cleanup 
     Projects'' in the text and table under this heading in the 
     explanatory statement described in section 4 (in the matter 
     preceding division A of this consolidated Act).

      Uranium Enrichment Decontamination and Decommissioning Fund

       For necessary expenses in carrying out uranium enrichment 
     facility decontamination and decommissioning, remedial 
     actions, and other activities of title II of the Atomic 
     Energy Act of 1954, and title X, subtitle A, of the Energy 
     Policy Act of 1992, $535,503,000, to be derived from the 
     Uranium Enrichment Decontamination and Decommissioning Fund, 
     to remain available until expended, of which $10,000,000 
     shall be available in accordance with title X, subtitle A, of 
     the Energy Policy Act of 1992.

                                Science

       For Department of Energy expenses including the purchase, 
     construction and acquisition of plant and capital equipment, 
     and other expenses necessary for science activities in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition or condemnation of any real property or facility 
     or for plant or facility acquisition, construction, or 
     expansion, and purchase of not to exceed 49 passenger motor 
     vehicles for replacement only, including one law enforcement 
     vehicle, one ambulance, and three buses, $4,772,636,000, to 
     remain available until expended: Provided, That, of the 
     amount appropriated in this paragraph, $93,686,593 shall be 
     used for projects specified in the table that appears under 
     the heading ``Congressionally Directed Science Projects'' in 
     the text and table under this heading in the explanatory 
     statement described in section 4 (in the matter preceding 
     division A of this consolidated Act).

                         Nuclear Waste Disposal

       For nuclear waste disposal activities to carry out the 
     purposes of the Nuclear Waste Policy Act of 1982, Public Law 
     97-425, as

[[Page 5630]]

     amended (the ``NWPA''), including the acquisition of real 
     property or facility construction or expansion, $145,390,000, 
     to remain available until expended, and to be derived from 
     the Nuclear Waste Fund: Provided, That of the funds made 
     available in this Act for Nuclear Waste Disposal, $5,000,000 
     shall be provided to the Office of the Attorney General of 
     the State of Nevada solely for expenditures, other than 
     salaries and expenses of State employees, to conduct 
     scientific oversight responsibilities and participate in 
     licensing activities pursuant to the Act: Provided further, 
     That notwithstanding the lack of a written agreement with the 
     State of Nevada under section 117(c) of the NWPA, $1,000,000 
     shall be provided to Nye County, Nevada, for on-site 
     oversight activities under section 117(d) of that Act: 
     Provided further, That $9,000,000 shall be provided to 
     affected units of local government, as defined in the NWPA, 
     to conduct appropriate activities and participate in 
     licensing activities: Provided further, That of the 
     $9,000,000 provided 7.5 percent of the funds provided shall 
     be made available to affected units of local government in 
     California with the balance made available to affected units 
     of local government in Nevada for distribution as determined 
     by the Nevada units of local government: Provided further, 
     That this funding shall be provided to affected units of 
     local government, as defined in the NWPA: Provided further, 
     That $500,000 shall be provided to the Timbisha-Shoshone 
     Tribe solely for expenditures, other than salaries and 
     expenses of tribal employees, to conduct appropriate 
     activities and participate in licensing activities under 
     section 118(b) of the NWPA: Provided further, That 
     notwithstanding the provisions of chapters 65 and 75 of title 
     31, United States Code, the Department shall have no 
     monitoring, auditing or other oversight rights or 
     responsibilities over amounts provided to affected units of 
     local government: Provided further, That the funds for the 
     State of Nevada shall be made available solely to the Office 
     of the Attorney General by direct payment and to units of 
     local government by direct payment: Provided further, That 
     within 90 days of the completion of each Federal fiscal year, 
     the Office of the Attorney General of the State of Nevada and 
     each of the affected units of local government shall provide 
     certification to the Department of Energy that all funds 
     expended from such payments have been expended for activities 
     authorized by the NWPA and this Act: Provided further, That 
     failure to provide such certification shall cause such entity 
     to be prohibited from any further funding provided for 
     similar activities: Provided further, That none of the funds 
     herein appropriated may be: (1) used directly or indirectly 
     to influence legislative action, except for normal and 
     recognized executive-legislative communications, on any 
     matter pending before Congress or a State legislature or for 
     lobbying activity as provided in 18 U.S.C. 1913; (2) used for 
     litigation expenses; or (3) used to support multi-State 
     efforts or other coalition building activities inconsistent 
     with the restrictions contained in this Act: Provided 
     further, That all proceeds and recoveries realized by the 
     Secretary in carrying out activities authorized by the NWPA, 
     including but not limited to, any proceeds from the sale of 
     assets, shall be available without further appropriation and 
     shall remain available until expended: Provided further, That 
     no funds provided in this Act or any previous Act may be used 
     to pursue repayment or collection of funds provided in any 
     fiscal year to affected units of local government for 
     oversight activities that had been previously approved by the 
     Department of Energy, or to withhold payment of any such 
     funds: Provided further, That, of the amount appropriated in 
     this paragraph, $1,855,425 shall be used for projects 
     specified in the table that appears under the heading 
     ``Congressionally Directed Nuclear Waste Disposal Projects'' 
     in the text and table under this heading in the explanatory 
     statement described in section 4 (in the matter preceding 
     division A of this consolidated Act).

         Title 17 Innovative Technology Loan Guarantee Program

       Subject to section 502 of the Congressional Budget Act of 
     1974, commitments to guarantee loans under title XVII of the 
     Energy Policy Act of 2005, shall not exceed a total principal 
     amount of $47,000,000,000 for eligible projects, to remain 
     available until committed, and of which $18,500,000,000 shall 
     be for nuclear power facilities: Provided, That these amounts 
     are in addition to the authority provided under section 20320 
     of Division B of Public Law 109-289, as amended by Public Law 
     110-5: Provided further, That such sums as are derived from 
     amounts received from borrowers pursuant to section 
     1702(b)(2) of the Energy Policy Act of 2005 under this 
     heading in this and prior Acts, shall be collected in 
     accordance with section 502(7) of the Congressional Budget 
     Act of 1974: Provided further, That the source of such 
     payment received from borrowers is not a loan or other debt 
     obligation that is guaranteed by the Federal Government: 
     Provided further, That pursuant to section 1702(b)(2) of the 
     Energy Policy Act of 2005, no appropriations are available to 
     pay the subsidy cost of such guarantees: Provided further, 
     That for necessary administrative expenses to carry out this 
     Loan Guarantee program, $19,880,000 is appropriated, to 
     remain available until expended: Provided further, That 
     $19,880,000 of the fees collected pursuant to section 1702(h) 
     of the Energy Policy Act of 2005 shall be credited as 
     offsetting collections to this account to cover 
     administrative expenses and shall remain available until 
     expended, so as to result in a final fiscal year 2009 
     appropriations from the general fund estimated at not more 
     than $0: Provided further, That none of the funds made 
     available in this Act shall be available for the execution of 
     a new solicitation with respect to such guaranteed loans 
     until 30 days after the Department of Energy has submitted to 
     the Committees on Appropriations of the House of 
     Representatives and the Senate a loan guarantee 
     implementation plan that defines the proposed award levels 
     and eligible technologies: Provided further, That none of the 
     loan guarantee authority made available in this Act shall be 
     available for commitments to guarantee loans for any projects 
     where funds, personnel, or property (tangible or intangible) 
     of any Federal agency, instrumentality, personnel or 
     affiliated entity are expected to be used (directly or 
     indirectly) through acquisitions, contracts, demonstrations, 
     exchanges, grants, incentives, leases, procurements, sales, 
     other transaction authority, or other arrangements, to 
     support the project or to obtain goods or services from the 
     project: Provided further, That the previous proviso shall 
     not be interpreted as precluding the use of the loan 
     guarantee authority in this Act for commitments to guarantee 
     loans for projects as a result of such projects benefiting 
     from (a) otherwise allowable Federal income tax benefits; (b) 
     being located on Federal land pursuant to a lease or right-
     of-way agreement for which all consideration for all uses is 
     (i) paid exclusively in cash, (ii) deposited in the Treasury 
     as offsetting receipts, and (iii) equal to the fair market 
     value as determined by the head of the relevant Federal 
     agency; (c) Federal insurance programs, including Price-
     Anderson; or (d) for electric generation projects, use of 
     transmission facilities owned or operated by a Federal Power 
     Marketing Administration or the Tennessee Valley Authority 
     that have been authorized, approved, and financed independent 
     of the project receiving the guarantee: Provided further, 
     That none of the loan guarantee authority made available in 
     this Act shall be available for any project unless the 
     Director of the Office of Management and Budget has certified 
     in advance in writing that the loan guarantee and the project 
     comply with the provisions under this title.

                      Departmental Administration


                     (including transfer of funds)

       For salaries and expenses of the Department of Energy 
     necessary for departmental administration in carrying out the 
     purposes of the Department of Energy Organization Act (42 
     U.S.C. 7101 et seq.), including the hire of passenger motor 
     vehicles and official reception and representation expenses 
     not to exceed $30,000, $272,643,000, to remain available 
     until expended, plus such additional amounts as necessary to 
     cover increases in the estimated amount of cost of work for 
     others notwithstanding the provisions of the Anti-Deficiency 
     Act (31 U.S.C. 1511 et seq.): Provided, That such increases 
     in cost of work are offset by revenue increases of the same 
     or greater amount, to remain available until expended: 
     Provided further, That moneys received by the Department for 
     miscellaneous revenues estimated to total $117,317,000 in 
     fiscal year 2009 may be retained and used for operating 
     expenses within this account, and may remain available until 
     expended, as authorized by section 201 of Public Law 95-238, 
     notwithstanding the provisions of 31 U.S.C. 3302: Provided 
     further, That the sum herein appropriated shall be reduced by 
     the amount of miscellaneous revenues received during 2009, 
     and any related appropriated receipt account balances 
     remaining from prior years' miscellaneous revenues, so as to 
     result in a final fiscal year 2009 appropriation from the 
     general fund estimated at not more than $155,326,000.

                    Office of the Inspector General

       For necessary expenses of the Office of the Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, as amended, $51,927,000, to remain 
     available until expended.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration

                           Weapons Activities

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other incidental expenses necessary for atomic energy 
     defense weapons activities in carrying out the purposes of 
     the Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, the purchase of not 
     to exceed two passenger motor vehicles, and one ambulance; 
     $6,380,000,000, to remain available until expended: Provided, 
     That $19,300,000 is authorized to be appropriated for the 09-
     D-007 LANSCE Refurbishment, PED, Los Alamos National 
     Laboratory, Los Alamos, New Mexico: Provided further, That, 
     of the amount

[[Page 5631]]

     appropriated in this paragraph, $22,836,000 shall be used for 
     projects specified in the table that appears under the 
     heading ``Congressionally Directed Weapons Activities 
     Projects'' in the text and table under this heading in the 
     explanatory statement described in section 4 (in the matter 
     preceding division A of this consolidated Act).

                    Defense Nuclear Nonproliferation

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other incidental expenses necessary for defense nuclear 
     nonproliferation activities, in carrying out the purposes of 
     the Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, and the purchase of 
     not to exceed one passenger motor vehicle for replacement 
     only, $1,482,350,000, to remain available until expended: 
     Provided, That, of the amount appropriated in this paragraph, 
     $1,903,000 shall be used for projects specified under the 
     heading ``Congressionally Directed Defense Nuclear 
     Nonproliferation Projects'' in the text and table under this 
     heading in the explanatory statement described in section 4 
     (in the matter preceding division A of this consolidated 
     Act).

                             Naval Reactors

       For Department of Energy expenses necessary for naval 
     reactors activities to carry out the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition (by purchase, condemnation, construction, or 
     otherwise) of real property, plant, and capital equipment, 
     facilities, and facility expansion, $828,054,000, to remain 
     available until expended.

                      Office of the Administrator

       For necessary expenses of the Office of the Administrator 
     in the National Nuclear Security Administration, including 
     official reception and representation expenses not to exceed 
     $12,000, $439,190,000, to remain available until expended: 
     Provided, That, of the amount appropriated in this paragraph, 
     $23,311,750 shall be used for the projects specified in the 
     table that appears under the heading ``Congressionally 
     Directed Office of the Administrator (NNSA) Projects'' in the 
     text and table under this heading in the explanatory 
     statement described in section 4 (in the matter preceding 
     division A of this consolidated Act).

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                     Defense Environmental Cleanup


                     (including transfer of funds)

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other expenses necessary for atomic energy defense 
     environmental cleanup activities in carrying out the purposes 
     of the Department of Energy Organization Act (42 U.S.C. 7101 
     et seq.), including the acquisition or condemnation of any 
     real property or any facility or for plant or facility 
     acquisition, construction, or expansion, and the purchase of 
     not to exceed four ambulances and three passenger motor 
     vehicles for replacement only, $5,657,250,000, to remain 
     available until expended, of which $463,000,000 shall be 
     transferred to the ``Uranium Enrichment Decontamination and 
     Decommissioning Fund'': Provided, That, of the amount 
     appropriated in this paragraph, $17,908,391 shall be used for 
     projects specified in the table that appears under the 
     heading ``Congressionally Directed Defense Environmental 
     Cleanup Projects'' in the text and table under this heading 
     in the explanatory statement described in section 4 (in the 
     matter preceding division A of this consolidated Act).

                        Other Defense Activities

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other expenses, necessary for atomic energy defense, 
     other defense activities, and classified activities, in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition or condemnation of any real property or any 
     facility or for plant or facility acquisition, construction, 
     or expansion, and the purchase of not to exceed 10 passenger 
     motor vehicles for replacement only, $1,314,063,000, to 
     remain available until expended: Provided, That of the funds 
     provided herein, $487,008,000 is for project 99-D-143 Mixed 
     Oxide Fuel Fabrication Facility, Savannah River Site, South 
     Carolina: Provided further, That the Department of Energy 
     adhere strictly to Department of Energy Order 413.3A for 
     Project 99-D-143: Provided further, That, of the amount 
     appropriated in this paragraph, $999,075 shall be used for 
     projects specified in the table that appears under the 
     heading ``Congressionally Directed Other Defense Activities 
     Projects'' in the text and table under this heading in the 
     explanatory statement described in section 4 (in the matter 
     preceding division A of this consolidated Act).

                     Defense Nuclear Waste Disposal

       For nuclear waste disposal activities to carry out the 
     purposes of Public Law 97-425, as amended, including the 
     acquisition of real property or facility construction or 
     expansion, $143,000,000, to remain available until expended.

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

       Expenditures from the Bonneville Power Administration Fund, 
     established pursuant to Public Law 93-454, are approved for 
     official reception and representation expenses in an amount 
     not to exceed $1,500. During fiscal year 2009, no new direct 
     loan obligations may be made.

      Operation and Maintenance, Southeastern Power Administration

       For necessary expenses of operation and maintenance of 
     power transmission facilities and of marketing electric power 
     and energy, including transmission wheeling and ancillary 
     services pursuant to section 5 of the Flood Control Act of 
     1944 (16 U.S.C. 825s), as applied to the southeastern power 
     area, $7,420,000, to remain available until expended: 
     Provided, That, notwithstanding 31 U.S.C. 3302, up to 
     $49,520,000 collected by the Southeastern Power 
     Administration pursuant to the Flood Control Act of 1944 to 
     recover purchase power and wheeling expenses shall be 
     credited to this account as offsetting collections, to remain 
     available until expended for the sole purpose of making 
     purchase power and wheeling expenditures.

      Operation and Maintenance, Southwestern Power Administration

       For necessary expenses of operation and maintenance of 
     power transmission facilities and of marketing electric power 
     and energy, for construction and acquisition of transmission 
     lines, substations and appurtenant facilities, and for 
     administrative expenses, including official reception and 
     representation expenses in an amount not to exceed $1,500 in 
     carrying out section 5 of the Flood Control Act of 1944 (16 
     U.S.C. 825s), as applied to the Southwestern Power 
     Administration, $28,414,000, to remain available until 
     expended: Provided, That, notwithstanding 31 U.S.C. 3302, up 
     to $35,000,000 collected by the Southwestern Power 
     Administration pursuant to the Flood Control Act of 1944 to 
     recover purchase power and wheeling expenses shall be 
     credited to this account as offsetting collections, to remain 
     available until expended for the sole purpose of making 
     purchase power and wheeling expenditures.

 Construction, Rehabilitation, Operation and Maintenance, Western Area 
                          Power Administration

       For carrying out the functions authorized by title III, 
     section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 
     7152), and other related activities including conservation 
     and renewable resources programs as authorized, including 
     official reception and representation expenses in an amount 
     not to exceed $1,500; $218,346,000, to remain available until 
     expended, of which $208,642,000 shall be derived from the 
     Department of the Interior Reclamation Fund: Provided, That 
     of the amount herein appropriated, $7,342,000 is for deposit 
     into the Utah Reclamation Mitigation and Conservation Account 
     pursuant to title IV of the Reclamation Projects 
     Authorization and Adjustment Act of 1992: Provided further, 
     That notwithstanding the provision of 31 U.S.C. 3302, up to 
     $403,118,000 collected by the Western Area Power 
     Administration pursuant to the Flood Control Act of 1944 and 
     the Reclamation Project Act of 1939 to recover purchase power 
     and wheeling expenses shall be credited to this account as 
     offsetting collections, to remain available until expended 
     for the sole purpose of making purchase power and wheeling 
     expenditures.

           Falcon and Amistad Operating and Maintenance Fund

       For operation, maintenance, and emergency costs for the 
     hydroelectric facilities at the Falcon and Amistad Dams, 
     $2,959,000, to remain available until expended, and to be 
     derived from the Falcon and Amistad Operating and Maintenance 
     Fund of the Western Area Power Administration, as provided in 
     section 423 of the Foreign Relations Authorization Act, 
     Fiscal Years 1994 and 1995.

                  Federal Energy Regulatory Commission


                         Salaries and Expenses

       For necessary expenses of the Federal Energy Regulatory 
     Commission to carry out the provisions of the Department of 
     Energy Organization Act (42 U.S.C. 7101 et seq.), including 
     services as authorized by 5 U.S.C. 3109, the hire of 
     passenger motor vehicles, and official reception and 
     representation expenses not to exceed $3,000, $273,400,000, 
     to remain available until expended: Provided, That 
     notwithstanding any other provision of law, not to exceed 
     $273,400,000 of revenues from fees and annual charges, and 
     other services and collections in fiscal year 2009 shall be 
     retained and used for necessary expenses in this account, and 
     shall remain available until expended: Provided further, That 
     the sum herein appropriated from the general fund shall be 
     reduced as revenues are received during fiscal year 2009 so 
     as to result in a final fiscal year 2009 appropriation from 
     the general fund estimated at not more than $0.

                GENERAL PROVISIONS--DEPARTMENT OF ENERGY

       Sec. 301. Contract Competition. (a) None of the funds in 
     this or any other appropriations Act for fiscal year 2009 or 
     any previous

[[Page 5632]]

     fiscal year may be used to make payments for a noncompetitive 
     management and operating contract, or a contract for 
     environmental remediation or waste management in excess of 
     $100,000,000 in annual funding at a current or former 
     management and operating contract site or facility, or to 
     award a significant extension or expansion to an existing 
     management and operating contract, or other contract covered 
     by this section, unless such contract is awarded using 
     competitive procedures or the Secretary of Energy grants, on 
     a case-by-case basis, a waiver to allow for such a deviation. 
     The Secretary may not delegate the authority to grant such a 
     waiver.
       (b) Within 30 days of formally notifying an incumbent 
     contractor that the Secretary intends to grant such a waiver, 
     the Secretary shall submit to the Subcommittees on Energy and 
     Water Development of the Committees on Appropriations of the 
     House of Representatives and the Senate a report notifying 
     the Subcommittees of the waiver and setting forth, in 
     specificity, the substantive reasons why the Secretary 
     believes the requirement for competition should be waived for 
     this particular award.
       (c) In this section the term ``competitive procedures'' has 
     the meaning provided in section 4 of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 403) and includes 
     procedures described in section 303 of the Federal Property 
     and Administrative Services Act of 1949 (41 U.S.C. 253) other 
     than a procedure that solicits a proposal from only one 
     source.
       Sec. 302. Unfunded Requests for Proposals. None of the 
     funds appropriated by this Act may be used to prepare or 
     initiate Requests For Proposals (RFPs) for a program if the 
     program has not been funded by Congress.
       Sec. 303. Department of Energy Defense Nuclear Facilities 
     Workforce Restructuring. None of the funds appropriated by 
     this Act may be used--
       (1) to augment the funds made available for obligation by 
     this Act for severance payments and other benefits and 
     community assistance grants under section 4604 of the Atomic 
     Energy Defense Act (50 U.S.C. 2704) unless the Department of 
     Energy submits a reprogramming request to the appropriate 
     congressional committees; or
       (2) to provide enhanced severance payments or other 
     benefits for employees of the Department of Energy under such 
     section; or
       (3) develop or implement a workforce restructuring plan 
     that covers employees of the Department of Energy.
       Sec. 304. Unexpended Balances. The unexpended balances of 
     prior appropriations provided for activities in this Act may 
     be available to the same appropriation accounts for such 
     activities established pursuant to this title. Available 
     balances may be merged with funds in the applicable 
     established accounts and thereafter may be accounted for as 
     one fund for the same time period as originally enacted.
       Sec. 305. Bonneville Power Authority Service Territory. 
     None of the funds in this or any other Act for the 
     Administrator of the Bonneville Power Administration may be 
     used to enter into any agreement to perform energy efficiency 
     services outside the legally defined Bonneville service 
     territory, with the exception of services provided 
     internationally, including services provided on a 
     reimbursable basis, unless the Administrator certifies in 
     advance that such services are not available from private 
     sector businesses.
       Sec. 306. User Facilities. When the Department of Energy 
     makes a user facility available to universities or other 
     potential users, or seeks input from universities or other 
     potential users regarding significant characteristics or 
     equipment in a user facility or a proposed user facility, the 
     Department shall ensure broad public notice of such 
     availability or such need for input to universities and other 
     potential users. When the Department of Energy considers the 
     participation of a university or other potential user as a 
     formal partner in the establishment or operation of a user 
     facility, the Department shall employ full and open 
     competition in selecting such a partner. For purposes of this 
     section, the term ``user facility'' includes, but is not 
     limited to: (1) a user facility as described in section 
     2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C. 
     13503(a)(2)); (2) a National Nuclear Security Administration 
     Defense Programs Technology Deployment Center/User Facility; 
     and (3) any other Departmental facility designated by the 
     Department as a user facility.
       Sec. 307. Intelligence Activities. Funds appropriated by 
     this or any other Act, or made available by the transfer of 
     funds in this Act, for intelligence activities are deemed to 
     be specifically authorized by the Congress for purposes of 
     section 504 of the National Security Act of 1947 (50 U.S.C. 
     414) during fiscal year 2009 until the enactment of the 
     Intelligence Authorization Act for fiscal year 2009.
       Sec. 308. Laboratory Directed Research and Development. Of 
     the funds made available by the Department of Energy for 
     activities at government-owned, contractor-operated 
     laboratories funded in this Act or subsequent Energy and 
     Water Development Appropriations Acts, the Secretary may 
     authorize a specific amount, not to exceed 8 percent of such 
     funds, to be used by such laboratories for laboratory 
     directed research and development: Provided, That the 
     Secretary may also authorize a specific amount not to exceed 
     4 percent of such funds, to be used by the plant manager of a 
     covered nuclear weapons production plant or the manager of 
     the Nevada Site Office for plant or site directed research 
     and development: Provided further, That notwithstanding 
     Department of Energy order 413.2A, dated January 8, 2001, 
     beginning in fiscal year 2006 and thereafter, all DOE 
     laboratories may be eligible for laboratory directed research 
     and development funding.
       Sec. 309. Reliable Replacement Warhead.  None of the funds 
     provided in this Act shall be available for the Reliable 
     Replacement Warhead (RRW).
       Sec. 310. General Plant Projects. Plant or construction 
     projects for which amounts are made available under this and 
     subsequent appropriation Acts with a current estimated cost 
     of less than $10,000,000 are considered for purposes of 
     section 4703 of Public Law 107-314 as a plant project for 
     which the approved total estimated cost does not exceed the 
     minor construction threshold and for purposes of section 4704 
     of Public Law 107-314 as a construction project with a 
     current estimated cost of less than a minor construction 
     threshold.
       Sec. 311. Energy Production.  The Secretary of Energy shall 
     provide funding to the National Academy of Sciences to 
     conduct an inventory of the energy development potential on 
     all lands currently managed by the Department of Energy 
     together with a report, to be submitted not later than July 
     1, 2009, which includes (1) a detailed analysis of all such 
     resources including oil, gas, coal, solar, wind, geothermal 
     and other renewable resources on such lands, (2) a 
     delineation of the resources presently available for 
     development as well as those potentially available in the 
     future, and (3) an analysis of the environmental impacts 
     associated with any future development including actions 
     necessary to mitigate negative impacts.
       Sec. 312. Reno Hydrogen Fuel Project. (a) The non-Federal 
     share of project costs shall be 20 percent.
       (b) The cost of project vehicles, related facilities, and 
     other activities funded from the Federal Transit 
     Administration sections 5307, 5308, 5309, and 5314 program, 
     including the non-Federal share for the FTA funds, is an 
     eligible component of the non-Federal share for this project.
       (c) Contribution of the non-Federal share of project costs 
     for all grants made for this project may be deferred until 
     the entire project is completed.
       (d) All operations and maintenance costs associated with 
     vehicles, equipment, and facilities utilized for this project 
     are eligible project costs.
       (e) This section applies to project appropriations 
     beginning in fiscal year 2004.
       Sec. 313. Integrated University Program. (a) The Secretary 
     of Energy, along with the Administrator of the National 
     Nuclear Security Administration and the Chairman of the 
     Nuclear Regulatory Commission, shall establish an Integrated 
     University Program.
       (b) For the purposes of carrying out this section, 
     $45,000,000 is authorized to be appropriated in each of 
     fiscal years 2009 to 2019 as follows:
       (1) $15,000,000 for the Department of Energy;
       (2) $15,000,000 for the Nuclear Regulatory Commission; and
       (3) $15,000,000 for the National Nuclear Security 
     Administration.
       (c) Of the amounts authorized to carry out this section, 
     $10,000,000 shall be used by each organization to support 
     university research and development in areas relevant to 
     their respective organization's mission, and $5,000,000 shall 
     be used by each organization to support a jointly implemented 
     Nuclear Science and Engineering Grant Program that will 
     support multiyear research projects that do not align with 
     programmatic missions but are critical to maintaining the 
     discipline of nuclear science and engineering.

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

       For expenses necessary to carry out the programs authorized 
     by the Appalachian Regional Development Act of 1965, as 
     amended, notwithstanding 40 U.S.C. 14704, and, for necessary 
     expenses for the Federal Co-Chairman and the Alternate on the 
     Appalachian Regional Commission, for payment of the Federal 
     share of the administrative expenses of the Commission, 
     including services as authorized by 5 U.S.C. 3109, and hire 
     of passenger motor vehicles, $75,000,000, to remain available 
     until expended: Provided, That any congressionally directed 
     spending shall be taken from within that State's allocation 
     in the fiscal year in which it is provided.

                Defense Nuclear Facilities Safety Board


                         Salaries and Expenses

       For necessary expenses of the Defense Nuclear Facilities 
     Safety Board in carrying out activities authorized by the 
     Atomic Energy Act of 1954, as amended by Public Law 100-456, 
     section 1441, $25,000,000, to remain available until 
     expended.

[[Page 5633]]



                        Delta Regional Authority


                         Salaries and Expenses

       For necessary expenses of the Delta Regional Authority and 
     to carry out its activities, as authorized by the Delta 
     Regional Authority Act of 2000, as amended, notwithstanding 
     sections 382C(b)(2), 382F(d), 382M, and 382N of said Act, 
     $13,000,000, to remain available until expended.

                           Denali Commission

       For expenses of the Denali Commission including the 
     purchase, construction, and acquisition of plant and capital 
     equipment as necessary and other expenses, $11,800,000, to 
     remain available until expended, notwithstanding the 
     limitations contained in section 306(g) of the Denali 
     Commission Act of 1998.

                     Nuclear Regulatory Commission


                         Salaries and Expenses

       For necessary expenses of the Commission in carrying out 
     the purposes of the Energy Reorganization Act of 1974, as 
     amended, and the Atomic Energy Act of 1954, as amended, 
     including official representation expenses (not to exceed 
     $25,000), $1,034,656,000, to remain available until expended: 
     Provided, That of the amount appropriated herein, $49,000,000 
     shall be derived from the Nuclear Waste Fund: Provided 
     further, That revenues from licensing fees, inspection 
     services, and other services and collections estimated at 
     $860,857,000 in fiscal year 2009 shall be retained and used 
     for necessary salaries and expenses in this account, 
     notwithstanding 31 U.S.C. 3302, and shall remain available 
     until expended: Provided further, That the sum herein 
     appropriated shall be reduced by the amount of revenues 
     received during fiscal year 2009 so as to result in a final 
     fiscal year 2009 appropriation estimated at not more than 
     $173,799,000: Provided further, That such funds as are made 
     available for necessary expenses of the Commission by this 
     Act or any other Act may be used for the acquisition and 
     lease of additional office space provided by the General 
     Services Administration for personnel of the U.S. Nuclear 
     Regulatory Commission as close as reasonably possible to the 
     Commission's headquarters location in Rockville, Maryland, 
     and of such square footage and for such lease term, as are 
     determined by the Commission to be necessary to maintain the 
     agency's regulatory effectiveness, efficiency, and emergency 
     response capability: Provided further, That notwithstanding 
     any other provision of law or any prevailing practice, the 
     acquisition and lease of space for such purpose shall, to the 
     extent necessary to obtain the space, be based on the 
     prevailing rates in the immediate vicinity of the 
     Commission's headquarters.


                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, $10,860,000, to remain available until expended: 
     Provided, That revenues from licensing fees, inspection 
     services, and other services and collections estimated at 
     $9,774,000 in fiscal year 2009 shall be retained and be 
     available until expended, for necessary salaries and expenses 
     in this account, notwithstanding 31 U.S.C. 3302: Provided 
     further, That the sum herein appropriated shall be reduced by 
     the amount of revenues received during fiscal year 2009 so as 
     to result in a final fiscal year 2009 appropriation estimated 
     at not more than $1,086,000.

                  Nuclear Waste Technical Review Board


                         Salaries and Expenses

       For necessary expenses of the Nuclear Waste Technical 
     Review Board, as authorized by Public Law 100-203, section 
     5051, $3,811,000, to be derived from the Nuclear Waste Fund, 
     and to remain available until expended.

Office of the Federal Coordinator for Alaska Natural Gas Transportation 
                                Projects

       For necessary expenses for the Office of the Federal 
     Coordinator for Alaska Natural Gas Transportation Projects 
     pursuant to the Alaska Natural Gas Pipeline Act of 2004, 
     $4,400,000: Provided, That any fees, charges, or commissions 
     received pursuant to section 802 of Public Law 110-140 in 
     fiscal year 2009 in excess of $4,660,000 shall not be 
     available for obligation until appropriated in a subsequent 
     Act of Congress.

                                TITLE V

                           GENERAL PROVISIONS

       Sec. 501. None of the funds appropriated by this Act may be 
     used in any way, directly or indirectly, to influence 
     congressional action on any legislation or appropriation 
     matters pending before Congress, other than to communicate to 
     Members of Congress as described in 18 U.S.C. 1913.
       Sec. 502. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in this Act 
     or any other appropriation Act.
       This division may be cited as the ``Energy and Water 
     Development and Related Agencies Appropriations Act, 2009''.

 DIVISION D--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS 
                               ACT, 2009

                                TITLE I

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices


                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses of the Departmental Offices 
     including operation and maintenance of the Treasury Building 
     and Annex; hire of passenger motor vehicles; maintenance, 
     repairs, and improvements of, and purchase of commercial 
     insurance policies for, real properties leased or owned 
     overseas, when necessary for the performance of official 
     business, $278,870,000, of which not to exceed $21,619,000 is 
     for executive direction program activities; not to exceed 
     $45,910,000 is for economic policies and programs activities; 
     not to exceed $36,039,000 is for financial policies and 
     programs activities; not to exceed $62,098,000 is for 
     terrorism and financial intelligence activities; not to 
     exceed $21,600,000 is for Treasury-wide management policies 
     and programs activities; and not to exceed $91,604,000 is for 
     administration programs activities: Provided, That the 
     Secretary of the Treasury is authorized to transfer funds 
     appropriated for any program activity of the Departmental 
     Offices to any other program activity of the Departmental 
     Offices upon notification to the House and Senate Committees 
     on Appropriations: Provided further, That no appropriation 
     for any program activity shall be increased or decreased by 
     more than 4 percent by all such transfers: Provided further, 
     That any change in funding greater than 4 percent shall be 
     submitted for approval to the House and Senate Committees on 
     Appropriations: Provided further, That of the amount 
     appropriated under this heading, not to exceed $3,000,000, to 
     remain available until September 30, 2010, is for information 
     technology modernization requirements; not to exceed $200,000 
     is for official reception and representation expenses; and 
     not to exceed $258,000 is for unforeseen emergencies of a 
     confidential nature, to be allocated and expended under the 
     direction of the Secretary of the Treasury and to be 
     accounted for solely on his certificate: Provided further, 
     That of the amount appropriated under this heading, 
     $5,232,443, to remain available until September 30, 2010, is 
     for the Treasury-wide Financial Statement Audit and Internal 
     Control Program, of which such amounts as may be necessary 
     may be transferred to accounts of the Department's offices 
     and bureaus to conduct audits: Provided further, That this 
     transfer authority shall be in addition to any other provided 
     in this Act: Provided further, That of the amount 
     appropriated under this heading, $500,000, to remain 
     available until September 30, 2010, is for secure space 
     requirements: Provided further, That of the amount 
     appropriated under this heading, $1,100,000, to remain 
     available until September 30, 2010, is for salary and 
     benefits for hiring of personnel whose work will require 
     completion of a security clearance investigation in order to 
     perform highly classified work to further the activities of 
     the Office of Terrorism and Financial Intelligence: Provided 
     further, That of the amount appropriated under this heading, 
     $3,400,000, to remain available until September 30, 2011, is 
     to develop and implement programs within the Office of 
     Critical Infrastructure Protection and Compliance Policy, 
     including entering into cooperative agreements: Provided 
     further, That of the amount appropriated under this heading 
     $3,000,000 to remain available until September 30, 2011, is 
     for modernizing the Office of Debt Management's information 
     technology.

        department-wide systems and capital investments programs


                     (including transfer of funds)

       For development and acquisition of automatic data 
     processing equipment, software, and services for the 
     Department of the Treasury, $26,975,000, to remain available 
     until September 30, 2011: Provided, That $11,518,000 is for 
     repairs to the Treasury Annex Building: Provided further, 
     That these funds shall be transferred to accounts and in 
     amounts as necessary to satisfy the requirements of the 
     Department's offices, bureaus, and other organizations: 
     Provided further, That this transfer authority shall be in 
     addition to any other transfer authority provided in this 
     Act: Provided further, That none of the funds appropriated 
     under this heading shall be used to support or supplement 
     ``Internal Revenue Service, Operations Support'' or 
     ``Internal Revenue Service, Business Systems Modernization''.


                      Office of Inspector General

                         Salaries and Expenses

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, not to exceed $2,000,000 for official travel 
     expenses, including hire of passenger motor vehicles; and not 
     to exceed $100,000 for unforeseen emergencies of a 
     confidential nature, to be allocated and expended under the 
     direction of the Inspector General of the Treasury, 
     $26,125,000, of which not to exceed $2,500 shall be available 
     for official reception and representation expenses.


           treasury inspector general for tax administration

                         salaries and expenses

       For necessary expenses of the Treasury Inspector General 
     for Tax Administration in

[[Page 5634]]

     carrying out the Inspector General Act of 1978, including 
     purchase (not to exceed 150 for replacement only for police-
     type use) and hire of passenger motor vehicles (31 U.S.C. 
     1343(b)); services authorized by 5 U.S.C. 3109, at such rates 
     as may be determined by the Inspector General for Tax 
     Administration; $146,083,000, of which not to exceed 
     $6,000,000 shall be available for official travel expenses; 
     of which not to exceed $500,000 shall be available for 
     unforeseen emergencies of a confidential nature, to be 
     allocated and expended under the direction of the Inspector 
     General for Tax Administration; and of which not to exceed 
     $1,500 shall be available for official reception and 
     representation expenses.

                  Financial Crimes Enforcement Network

                         salaries and expenses

       For necessary expenses of the Financial Crimes Enforcement 
     Network, including hire of passenger motor vehicles; travel 
     and training expenses of non-Federal and foreign government 
     personnel to attend meetings and training concerned with 
     domestic and foreign financial intelligence activities, law 
     enforcement, and financial regulation; not to exceed $14,000 
     for official reception and representation expenses; and for 
     assistance to Federal law enforcement agencies, with or 
     without reimbursement, $91,465,000, of which not to exceed 
     $16,340,000 shall remain available until September 30, 2011; 
     and of which $9,178,000 shall remain available until 
     September 30, 2010: Provided, That funds appropriated in this 
     account may be used to procure personal services contracts.

                        Treasury Forfeiture Fund


                              (RESCISSION)

       Of the unobligated balances available under this heading, 
     $30,000,000 are rescinded.

                      Financial Management Service

                         salaries and expenses

       For necessary expenses of the Financial Management Service, 
     $239,785,000, of which not to exceed $9,220,000 shall remain 
     available until September 30, 2011, for information systems 
     modernization initiatives; and of which not to exceed $2,500 
     shall be available for official reception and representation 
     expenses.

                Alcohol and Tobacco Tax and Trade Bureau


                         Salaries and Expenses

       For necessary expenses of carrying out section 1111 of the 
     Homeland Security Act of 2002, including hire of passenger 
     motor vehicles, $99,065,000; of which not to exceed $6,000 
     for official reception and representation expenses; not to 
     exceed $50,000 for cooperative research and development 
     programs for laboratory services; and provision of laboratory 
     assistance to State and local agencies with or without 
     reimbursement: Provided, That of the amount appropriated 
     under this heading, $2,000,000, to remain available until 
     September 30, 2010, is for information technology management.

                           United States Mint

               united states mint public enterprise fund

       Pursuant to section 5136 of title 31, United States Code, 
     the United States Mint is provided funding through the United 
     States Mint Public Enterprise Fund for costs associated with 
     the production of circulating coins, numismatic coins, and 
     protective services, including both operating expenses and 
     capital investments. The aggregate amount of new liabilities 
     and obligations incurred during fiscal year 2009 under such 
     section 5136 for circulating coinage and protective service 
     capital investments of the United States Mint shall not 
     exceed $42,150,000.

                       Bureau of the Public Debt

                     administering the public debt

       For necessary expenses connected with any public-debt 
     issues of the United States, $187,352,000, of which not to 
     exceed $2,500 shall be available for official reception and 
     representation expenses, and of which not to exceed 
     $2,000,000 shall remain available until September 30, 2011, 
     for systems modernization: Provided, That the sum 
     appropriated herein from the general fund for fiscal year 
     2009 shall be reduced by not more than $10,000,000 as 
     definitive security issue fees and Legacy Treasury Direct 
     Investor Account Maintenance fees are collected, so as to 
     result in a final fiscal year 2009 appropriation from the 
     general fund estimated at $177,352,000. In addition, $90,000 
     to be derived from the Oil Spill Liability Trust Fund to 
     reimburse the Bureau for administrative and personnel 
     expenses for financial management of the Fund, as authorized 
     by section 1012 of Public Law 101-380.

   Community Development Financial Institutions Fund Program Account

       To carry out the Community Development Banking and 
     Financial Institutions Act of 1994 (Public Law 103-325), 
     including services authorized by 5 U.S.C. 3109, but at rates 
     for individuals not to exceed the per diem rate equivalent to 
     the rate for ES-3, $107,000,000, to remain available until 
     September 30, 2010, of which $8,500,000 shall be for 
     financial assistance, technical assistance, training and 
     outreach programs designed to benefit Native American, Native 
     Hawaiian, and Alaskan Native communities and provided 
     primarily through qualified community development lender 
     organizations with experience and expertise in community 
     development banking and lending in Indian country, Native 
     American organizations, tribes and tribal organizations and 
     other suitable providers, $2,000,000 shall be available for 
     the pilot project grant program under section 1132(d) of 
     division A of the Housing and Economic Recovery Act of 2008 
     (Public Law 110-289), up to $14,750,000 may be used for 
     administrative expenses, including administration of the New 
     Markets Tax Credit, up to $7,500,000 may be used for the cost 
     of direct loans, and up to $250,000 may be used for 
     administrative expenses to carry out the direct loan program: 
     Provided, That the cost of direct loans, including the cost 
     of modifying such loans, shall be as defined in section 502 
     of the Congressional Budget Act of 1974: Provided further, 
     That these funds are available to subsidize gross obligations 
     for the principal amount of direct loans not to exceed 
     $16,000,000.

                        Internal Revenue Service


                           taxpayer services

       For necessary expenses of the Internal Revenue Service to 
     provide taxpayer services, including pre-filing assistance 
     and education, filing and account services, taxpayer advocacy 
     services, and other services as authorized by 5 U.S.C. 3109, 
     at such rates as may be determined by the Commissioner, 
     $2,293,000,000, of which not less than $5,100,000 shall be 
     for the Tax Counseling for the Elderly Program, of which not 
     less than $9,500,000 shall be available for low-income 
     taxpayer clinic grants, of which not less than $8,000,000, to 
     remain available until September 30, 2010, shall be available 
     for a Community Volunteer Income Tax Assistance matching 
     grants demonstration program for tax return preparation 
     assistance, and of which not less than $193,000,000 shall be 
     available for operating expenses of the Taxpayer Advocate 
     Service.


                              enforcement

                     (including transfer of funds)

       For necessary expenses of the Internal Revenue Service to 
     determine and collect owed taxes, to provide legal and 
     litigation support, to conduct criminal investigations, to 
     enforce criminal statutes related to violations of internal 
     revenue laws and other financial crimes, to purchase (for 
     police-type use, not to exceed 850) and hire passenger motor 
     vehicles (31 U.S.C. 1343(b)), and to provide other services 
     as authorized by 5 U.S.C. 3109, at such rates as may be 
     determined by the Commissioner, $5,117,267,000, of which not 
     less than $57,252,000 shall be for the Interagency Crime and 
     Drug Enforcement program: Provided, That up to $10,000,000 
     may be transferred as necessary from this account to 
     ``Operations Support'' solely for the purposes of the 
     Interagency Crime and Drug Enforcement program: Provided 
     further, That this transfer authority shall be in addition to 
     any other transfer authority provided in this Act.


                           operations support

       For necessary expenses of the Internal Revenue Service to 
     support taxpayer services and enforcement programs, including 
     rent payments; facilities services; printing; postage; 
     physical security; headquarters and other IRS-wide 
     administration activities; research and statistics of income; 
     telecommunications; information technology development, 
     enhancement, operations, maintenance, and security; the hire 
     of passenger motor vehicles (31 U.S.C. 1343(b)); and other 
     services as authorized by 5 U.S.C. 3109, at such rates as may 
     be determined by the Commissioner; $3,867,011,000, of which 
     up to $75,000,000 shall remain available until September 30, 
     2010, for information technology support; of which not to 
     exceed $1,000,000 shall remain available until September 30, 
     2011, for research; of which not less than $2,000,000 shall 
     be for the Internal Revenue Service Oversight Board; and of 
     which not to exceed $25,000 shall be for official reception 
     and representation.


                     business systems modernization

       For necessary expenses of the Internal Revenue Service's 
     business systems modernization program, $229,914,000, to 
     remain available until September 30, 2011, for the capital 
     asset acquisition of information technology systems, 
     including management and related contractual costs of said 
     acquisitions, including related Internal Revenue Service 
     labor costs, and contractual costs associated with operations 
     authorized by 5 U.S.C. 3109: Provided, That, with the 
     exception of labor costs, none of these funds may be 
     obligated until the Internal Revenue Service submits to the 
     Committees on Appropriations, and such Committees approve, a 
     plan for expenditure that: (1) meets the capital planning and 
     investment control review requirements established by the 
     Office of Management and Budget, including Circular A-11; (2) 
     complies with the Internal Revenue Service's enterprise 
     architecture, including the modernization blueprint; (3) 
     conforms with the Internal Revenue Service's enterprise life 
     cycle methodology; (4) is approved by the Internal Revenue 
     Service, the Department of the Treasury, and the Office of 
     Management and Budget; (5) has been reviewed by the 
     Government Accountability Office; and (6) complies with the 
     acquisition rules, requirements, guidelines, and systems

[[Page 5635]]

     acquisition management practices of the Federal Government.

               health insurance tax credit administration

       For expenses necessary to implement the health insurance 
     tax credit included in the Trade Act of 2002 (Public Law 107-
     210), $15,406,000.


          administrative provisions--internal revenue service

                     (including transfer of funds)

       Sec. 101.  Not to exceed 5 percent of any appropriation 
     made available in this Act to the Internal Revenue Service or 
     not to exceed 3 percent of appropriations under the heading 
     ``Enforcement'' may be transferred to any other Internal 
     Revenue Service appropriation upon the advance approval of 
     the Committees on Appropriations.
       Sec. 102.  The Internal Revenue Service shall maintain a 
     training program to ensure that Internal Revenue Service 
     employees are trained in taxpayers' rights, in dealing 
     courteously with taxpayers, and in cross-cultural relations.
       Sec. 103.  The Internal Revenue Service shall institute and 
     enforce policies and procedures that will safeguard the 
     confidentiality of taxpayer information.
       Sec. 104.  Funds made available by this or any other Act to 
     the Internal Revenue Service shall be available for improved 
     facilities and increased staffing to provide sufficient and 
     effective 1-800 help line service for taxpayers. The 
     Commissioner shall continue to make the improvement of the 
     Internal Revenue Service 1-800 help line service a priority 
     and allocate resources necessary to increase phone lines and 
     staff to improve the Internal Revenue Service 1-800 help line 
     service.
       Sec. 105. Of the funds made available by this Act to the 
     Internal Revenue Service, not less than $6,997,000,000 shall 
     be available only for tax enforcement. In addition, of the 
     funds made available by this Act to the Internal Revenue 
     Service, and subject to the same terms and conditions, 
     $490,000,000 shall be available for enhanced tax law 
     enforcement.
       Sec. 106.  None of the funds made available in this Act may 
     be used to enter into, renew, extend, administer, implement, 
     enforce, or provide oversight of any qualified tax collection 
     contract (as defined in section 6306 of the Internal Revenue 
     Code of 1986).

         Administrative Provisions--Department of the Treasury


                     (including transfers of funds)

       Sec. 107.  Appropriations to the Department of the Treasury 
     in this Act shall be available for uniforms or allowances 
     therefor, as authorized by law (5 U.S.C. 5901), including 
     maintenance, repairs, and cleaning; purchase of insurance for 
     official motor vehicles operated in foreign countries; 
     purchase of motor vehicles without regard to the general 
     purchase price limitations for vehicles purchased and used 
     overseas for the current fiscal year; entering into contracts 
     with the Department of State for the furnishing of health and 
     medical services to employees and their dependents serving in 
     foreign countries; and services authorized by 5 U.S.C. 3109.
       Sec. 108.  Not to exceed 2 percent of any appropriations in 
     this Act made available to the Departmental Offices--Salaries 
     and Expenses, Office of Inspector General, Financial 
     Management Service, Alcohol and Tobacco Tax and Trade Bureau, 
     Financial Crimes Enforcement Network, and Bureau of the 
     Public Debt, may be transferred between such appropriations 
     upon the advance approval of the Committees on 
     Appropriations: Provided, That no transfer may increase or 
     decrease any such appropriation by more than 2 percent.
       Sec. 109.  Not to exceed 2 percent of any appropriation 
     made available in this Act to the Internal Revenue Service 
     may be transferred to the Treasury Inspector General for Tax 
     Administration's appropriation upon the advance approval of 
     the Committees on Appropriations: Provided, That no transfer 
     may increase or decrease any such appropriation by more than 
     2 percent.
       Sec. 110.  Of the funds available for the purchase of law 
     enforcement vehicles, no funds may be obligated until the 
     Secretary of the Treasury certifies that the purchase by the 
     respective Treasury bureau is consistent with departmental 
     vehicle management principles: Provided, That the Secretary 
     may delegate this authority to the Assistant Secretary for 
     Management.
       Sec. 111.  None of the funds appropriated in this Act or 
     otherwise available to the Department of the Treasury or the 
     Bureau of Engraving and Printing may be used to redesign the 
     $1 Federal Reserve note.
       Sec. 112.  The Secretary of the Treasury may transfer funds 
     from Financial Management Service, Salaries and Expenses to 
     the Debt Collection Fund as necessary to cover the costs of 
     debt collection: Provided, That such amounts shall be 
     reimbursed to such salaries and expenses account from debt 
     collections received in the Debt Collection Fund.
       Sec. 113.  Section 122(g)(1) of Public Law 105-119 (5 
     U.S.C. 3104 note), is further amended by striking ``10 
     years'' and inserting ``11 years''.
       Sec. 114.  None of the funds appropriated or otherwise made 
     available by this or any other Act may be used by the United 
     States Mint to construct or operate any museum without the 
     explicit approval of the Committees on Appropriations of the 
     House of Representatives and the Senate, the House Committee 
     on Financial Services, and the Senate Committee on Banking, 
     Housing, and Urban Affairs.
       Sec. 115.  None of the funds appropriated or otherwise made 
     available by this or any other Act or source to the 
     Department of the Treasury, the Bureau of Engraving and 
     Printing, and the United States Mint, individually or 
     collectively, may be used to consolidate any or all functions 
     of the Bureau of Engraving and Printing and the United States 
     Mint without the explicit approval of the House Committee on 
     Financial Services; the Senate Committee on Banking, Housing, 
     and Urban Affairs; the House Committee on Appropriations; and 
     the Senate Committee on Appropriations.
       Sec. 116.  Funds appropriated by this Act, or made 
     available by the transfer of funds in this Act, for the 
     Department of the Treasury's intelligence or intelligence 
     related activities are deemed to be specifically authorized 
     by the Congress for purposes of section 504 of the National 
     Security Act of 1947 (50 U.S.C. 414) during fiscal year 2009 
     until the enactment of the Intelligence Authorization Act for 
     Fiscal Year 2009.
       Sec. 117. Not to exceed $5,000 shall be made available from 
     the Bureau of Engraving and Printing's Industrial Revolving 
     Fund for necessary official reception and representation 
     expenses.
        This title may be cited as the ``Department of the 
     Treasury Appropriations Act, 2009''.

                                TITLE II

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                               PRESIDENT

                     Compensation of the President

       For compensation of the President, including an expense 
     allowance at the rate of $50,000 per annum as authorized by 3 
     U.S.C. 102, $450,000: Provided, That none of the funds made 
     available for official expenses shall be expended for any 
     other purpose and any unused amount shall revert to the 
     Treasury pursuant to section 1552 of title 31, United States 
     Code.

                           White House Office


                         salaries and expenses

       For necessary expenses for the White House as authorized by 
     law, including not to exceed $3,850,000 for services as 
     authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence 
     expenses as authorized by 3 U.S.C. 105, which shall be 
     expended and accounted for as provided in that section; hire 
     of passenger motor vehicles, newspapers, periodicals, 
     teletype news service, and travel (not to exceed $100,000 to 
     be expended and accounted for as provided by 3 U.S.C. 103); 
     and not to exceed $19,000 for official entertainment 
     expenses, to be available for allocation within the Executive 
     Office of the President; $53,899,000, of which $1,400,000 
     shall be for the Office of National AIDS Policy.

                 Executive Residence at the White House


                           operating expenses

       For the care, maintenance, repair and alteration, 
     refurnishing, improvement, heating, and lighting, including 
     electric power and fixtures, of the Executive Residence at 
     the White House and official entertainment expenses of the 
     President, $13,363,000, to be expended and accounted for as 
     provided by 3 U.S.C. 105, 109, 110, and 112-114.


                         reimbursable expenses

       For the reimbursable expenses of the Executive Residence at 
     the White House, such sums as may be necessary: Provided, 
     That all reimbursable operating expenses of the Executive 
     Residence shall be made in accordance with the provisions of 
     this paragraph: Provided further, That, notwithstanding any 
     other provision of law, such amount for reimbursable 
     operating expenses shall be the exclusive authority of the 
     Executive Residence to incur obligations and to receive 
     offsetting collections, for such expenses: Provided further, 
     That the Executive Residence shall require each person 
     sponsoring a reimbursable political event to pay in advance 
     an amount equal to the estimated cost of the event, and all 
     such advance payments shall be credited to this account and 
     remain available until expended: Provided further, That the 
     Executive Residence shall require the national committee of 
     the political party of the President to maintain on deposit 
     $25,000, to be separately accounted for and available for 
     expenses relating to reimbursable political events sponsored 
     by such committee during such fiscal year: Provided further, 
     That the Executive Residence shall ensure that a written 
     notice of any amount owed for a reimbursable operating 
     expense under this paragraph is submitted to the person owing 
     such amount within 60 days after such expense is incurred, 
     and that such amount is collected within 30 days after the 
     submission of such notice: Provided further, That the 
     Executive Residence shall charge interest and assess 
     penalties and other charges on any such amount that is not 
     reimbursed within such 30 days, in accordance with the 
     interest and penalty provisions applicable to an outstanding 
     debt on a United States Government claim under section 3717 
     of title 31,

[[Page 5636]]

     United States Code: Provided further, That each such amount 
     that is reimbursed, and any accompanying interest and 
     charges, shall be deposited in the Treasury as miscellaneous 
     receipts: Provided further, That the Executive Residence 
     shall prepare and submit to the Committees on Appropriations, 
     by not later than 90 days after the end of the fiscal year 
     covered by this Act, a report setting forth the reimbursable 
     operating expenses of the Executive Residence during the 
     preceding fiscal year, including the total amount of such 
     expenses, the amount of such total that consists of 
     reimbursable official and ceremonial events, the amount of 
     such total that consists of reimbursable political events, 
     and the portion of each such amount that has been reimbursed 
     as of the date of the report: Provided further, That the 
     Executive Residence shall maintain a system for the tracking 
     of expenses related to reimbursable events within the 
     Executive Residence that includes a standard for the 
     classification of any such expense as political or 
     nonpolitical: Provided further, That no provision of this 
     paragraph may be construed to exempt the Executive Residence 
     from any other applicable requirement of subchapter I or II 
     of chapter 37 of title 31, United States Code.

                   White House Repair and Restoration

       For the repair, alteration, and improvement of the 
     Executive Residence at the White House, $1,600,000, to remain 
     available until expended, for required maintenance, safety 
     and health issues, and continued preventative maintenance.

                      Council of Economic Advisers


                         salaries and expenses

       For necessary expenses of the Council of Economic Advisers 
     in carrying out its functions under the Employment Act of 
     1946 (15 U.S.C. 1021 et seq.), $4,118,000.

                      Office of Policy Development


                         salaries and expenses

       For necessary expenses of the Office of Policy Development, 
     including services as authorized by 5 U.S.C. 3109 and 3 
     U.S.C. 107, $3,550,000.

                       National Security Council


                         salaries and expenses

       For necessary expenses of the National Security Council, 
     including services as authorized by 5 U.S.C. 3109, 
     $9,029,000.

                        Office of Administration


                         salaries and expenses

       For necessary expenses of the Office of Administration, 
     including services as authorized by 5 U.S.C. 3109 and 3 
     U.S.C. 107, and hire of passenger motor vehicles, 
     $101,333,000, of which not less than $5,700,000 shall be for 
     e-mail restoration activities, and of which $11,923,000 shall 
     remain available until expended for continued modernization 
     of the information technology infrastructure within the 
     Executive Office of the President.

                    Office of Management and Budget


                         salaries and expenses

       For necessary expenses of the Office of Management and 
     Budget, including hire of passenger motor vehicles and 
     services as authorized by 5 U.S.C. 3109 and to carry out the 
     provisions of chapter 35 of title 44, United States Code, 
     $87,972,000, of which not to exceed $3,000 shall be available 
     for official representation expenses: Provided, That none of 
     the funds appropriated in this Act for the Office of 
     Management and Budget may be used for the purpose of 
     reviewing any agricultural marketing orders or any activities 
     or regulations under the provisions of the Agricultural 
     Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.): 
     Provided further, That none of the funds made available for 
     the Office of Management and Budget by this Act may be 
     expended for the altering of the transcript of actual 
     testimony of witnesses, except for testimony of officials of 
     the Office of Management and Budget, before the Committees on 
     Appropriations or their subcommittees: Provided further, That 
     none of the funds provided in this or prior Acts shall be 
     used, directly or indirectly, by the Office of Management and 
     Budget, for evaluating or determining if water resource 
     project or study reports submitted by the Chief of Engineers 
     acting through the Secretary of the Army are in compliance 
     with all applicable laws, regulations, and requirements 
     relevant to the Civil Works water resource planning process: 
     Provided further, That the Office of Management and Budget 
     shall have not more than 60 days in which to perform 
     budgetary policy reviews of water resource matters on which 
     the Chief of Engineers has reported: Provided further, That 
     the Director of the Office of Management and Budget shall 
     notify the appropriate authorizing and appropriating 
     committees when the 60-day review is initiated: Provided 
     further, That if water resource reports have not been 
     transmitted to the appropriate authorizing and appropriating 
     committees within 15 days after the end of the Office of 
     Management and Budget review period based on the notification 
     from the Director, Congress shall assume Office of Management 
     and Budget concurrence with the report and act accordingly.

                 Office of National Drug Control Policy

                         salaries and expenses

       For necessary expenses of the Office of National Drug 
     Control Policy; for research activities pursuant to the 
     Office of National Drug Control Policy Reauthorization Act of 
     2006 (Public Law 109-469); not to exceed $10,000 for official 
     reception and representation expenses; and for participation 
     in joint projects or in the provision of services on matters 
     of mutual interest with nonprofit, research, or public 
     organizations or agencies, with or without reimbursement, 
     $27,200,000; of which $1,300,000 shall remain available until 
     expended for policy research and evaluation: Provided, That 
     the Office is authorized to accept, hold, administer, and 
     utilize gifts, both real and personal, public and private, 
     without fiscal year limitation, for the purpose of aiding or 
     facilitating the work of the Office.


                Counterdrug Technology Assessment Center

                     (including transfer of funds)

       For necessary expenses for the Counterdrug Technology 
     Assessment Center for research activities pursuant to the 
     Office of National Drug Control Policy Reauthorization Act of 
     2006 (Public Law 109-469), $3,000,000, which shall remain 
     available until expended for counternarcotics research and 
     development projects: Provided, That such amount shall be 
     available for transfer to other Federal departments or 
     agencies: Provided further, That the Office of National Drug 
     Control Policy shall submit for approval by the Committees on 
     Appropriations of the House of Representatives and the 
     Senate, a detailed spending plan for the use of these funds 
     no later than 90 days after enactment of this Act.


                     federal drug control programs

             High Intensity Drug Trafficking Areas Program

                     (including transfers of funds)

       For necessary expenses of the Office of National Drug 
     Control Policy's High Intensity Drug Trafficking Areas 
     Program, $234,000,000, to remain available until September 
     30, 2010, for drug control activities consistent with the 
     approved strategy for each of the designated High Intensity 
     Drug Trafficking Areas, of which no less than 51 percent 
     shall be transferred to State and local entities for drug 
     control activities, which shall be obligated within 120 days 
     after enactment of this Act: Provided, That up to 49 percent 
     may be transferred to Federal agencies and departments at a 
     rate to be determined by the Director, of which up to 
     $2,100,000 may be used for auditing services and associated 
     activities, and up to $250,000 of the $2,100,000 shall be 
     used to ensure the continued operation and maintenance of the 
     Performance Management System: Provided further, That High 
     Intensity Drug Trafficking Areas Programs designated as of 
     September 30, 2008, shall be funded at no less than the 
     fiscal year 2008 initial allocation levels (as revised by the 
     letter from the Director of the Office of National Drug 
     Control Policy to the Committees on Appropriations of the 
     House of Representatives and the Senate dated April 8, 2008) 
     or $3,000,000, whichever is greater, unless the Director 
     submits to the Committees on Appropriations of the House of 
     Representatives and the Senate, and the Committees approve, 
     justification for changes in those levels based on clearly 
     articulated priorities for the High Intensity Drug 
     Trafficking Areas Programs, as well as published Office of 
     National Drug Control Policy performance measures of 
     effectiveness: Provided further, That no High Intensity Drug 
     Trafficking Area shall receive more than $47,457,447 as its 
     fiscal year 2009 initial allocation level: Provided further, 
     That, notwithstanding the requirements of Public Law 106-58, 
     any unexpended funds obligated prior to fiscal year 2007 for 
     programs addressing the treatment or prevention of drug use 
     as part of the approved strategy for a designated High 
     Intensity Drug Trafficking Area may be used for other 
     approved activities of that High Intensity Drug Trafficking 
     Area: Provided further, That the Office of National Drug 
     Control Policy (ONDCP) shall notify the Committees on 
     Appropriations of the House of Representatives and the Senate 
     of the initial High-Intensity Drug Trafficking Area (HIDTA) 
     allocation funding within 45 days after the enactment of this 
     Act: Provided further, That ONDCP shall submit 
     recommendations for approval to the Committees on 
     Appropriations for the use of discretionary HIDTA funding, 
     according to a framework proposed jointly by the HIDTA 
     Directors and ONDCP, within 90 days after the enactment of 
     this Act.


                  Other Federal Drug Control Programs

                     (including transfer of funds)

       For activities to support a national anti-drug campaign for 
     youth, and for other purposes, authorized by the Office of 
     National Drug Control Policy Reauthorization Act of 2006 
     (Public Law 109-469), $174,700,000, to remain available until 
     expended, of which the amounts are available as follows: 
     $70,000,000 to support a national media campaign, of which at 
     least $8,000,000 shall be designated for methamphetamine 
     prevention messages: Provided, That the Office of National 
     Drug Control Policy shall maintain funding for non-
     advertising services for the media campaign at no less than 
     the fiscal year 2003

[[Page 5637]]

     ratio of service funding to total funds and shall continue 
     the corporate outreach program; $90,000,000 to continue a 
     program of matching grants to drug-free communities, of which 
     $2,000,000 shall be made available as directed by section 4 
     of Public Law 107-82, as amended by Public Law 109-469 (21 
     U.S.C. 1521 note): Provided further, That any grantee seeking 
     a renewal grant (year 2 through 5, or year 7 through 10) that 
     is determined to be ineligible or not entitled to 
     continuation funding for any reason, shall be afforded a 
     fair, timely, and independent appeal prior to the beginning 
     of the subsequent funding year before being denied a renewal 
     grant; $1,250,000 for the National Drug Court Institute; 
     $9,800,000 for the United States Anti-Doping Agency for anti-
     doping activities; $1,900,000 for the United States 
     membership dues to the World Anti-Doping Agency; $1,250,000 
     for the National Alliance for Model State Drug Laws; and 
     $500,000 for evaluations and research related to National 
     Drug Control Program performance measures: Provided further, 
     That such funds may be transferred to other Federal 
     departments and agencies to carry out such activities: 
     Provided further, That of the amounts appropriated for a 
     national media campaign, not to exceed 10 percent shall be 
     for administration, advertising production, research and 
     testing, labor, and related costs of the national media 
     campaign.

                          Unanticipated Needs

       For expenses necessary to enable the President to meet 
     unanticipated needs, in furtherance of the national interest, 
     security, or defense which may arise at home or abroad during 
     the current fiscal year, as authorized by 3 U.S.C. 108, 
     $1,000,000, to remain available until September 30, 2010.

             Presidential Transition Administrative Support


                     (including transfer of funds)

       For expenses of the Office of Administration to carry out 
     the Presidential Transition Act of 1963 and similar expenses, 
     in addition to amounts otherwise appropriated by law, 
     $8,000,000; Provided, That such funds may be transferred to 
     other accounts that provide funding for offices within the 
     Executive Office of the President and the Office of the Vice 
     President in this Act or any other Act, to carry out such 
     purposes.

                  Special Assistance to the President


                         salaries and expenses

       For necessary expenses to enable the Vice President to 
     provide assistance to the President in connection with 
     specially assigned functions; services as authorized by 5 
     U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses 
     as authorized by 3 U.S.C. 106, which shall be expended and 
     accounted for as provided in that section; and hire of 
     passenger motor vehicles, $4,496,000.

                Official Residence of the Vice President


                           operating expenses

                     (including transfer of funds)

       For the care, operation, refurnishing, improvement, and to 
     the extent not otherwise provided for, heating and lighting, 
     including electric power and fixtures, of the official 
     residence of the Vice President; the hire of passenger motor 
     vehicles; and not to exceed $90,000 for official 
     entertainment expenses of the Vice President, to be accounted 
     for solely on his certificate, $323,000: Provided, That 
     advances or repayments or transfers from this appropriation 
     may be made to any department or agency for expenses of 
     carrying out such activities.

Administrative Provisions--Executive Office of the President and Funds 
                     Appropriated to the President


                     (including transfer of funds)

       Sec. 201.  From funds made available in this Act under the 
     headings ``White House Office'', ``Executive Residence at the 
     White House'', ``White House Repair and Restoration'', 
     ``Council of Economic Advisors'', ``National Security 
     Council'', ``Office of Administration'', ``Office of Policy 
     Development'', ``Special Assistance to the President'', and 
     ``Official Residence of the Vice President'', the Director of 
     the Office of Management and Budget (or such other officer as 
     the President may designate in writing), may, 15 days after 
     giving notice to the Committees on Appropriations of the 
     House of Representatives and the Senate, transfer not to 
     exceed 10 percent of any such appropriation to any other such 
     appropriation, to be merged with and available for the same 
     time and for the same purposes as the appropriation to which 
     transferred: Provided, That the amount of an appropriation 
     shall not be increased by more than 50 percent by such 
     transfers: Provided further, That no amount shall be 
     transferred from ``Special Assistance to the President'' or 
     ``Official Residence of the Vice President'' without the 
     approval of the Vice President.
       Sec. 202. The President shall submit to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     not later than 60 days after the date of the enactment of 
     this Act, and prior to the initial obligation of funds 
     appropriated under the heading ``Office of National Drug 
     Control Policy'', a detailed narrative and financial plan on 
     the proposed uses of all funds under the heading by program, 
     project, and activity, for which the obligation of funds is 
     anticipated: Provided, That up to 20 percent of funds 
     appropriated under this heading may be obligated before the 
     submission of the report subject to prior approval of the 
     Committees on Appropriations: Provided further, That the 
     report shall be updated and submitted to the Committees on 
     Appropriations every 6 months and shall include information 
     detailing how the estimates and assumptions contained in 
     previous reports have changed: Provided further, That any new 
     projects and changes in funding of ongoing projects shall be 
     subject to the prior approval of the Committees on 
     Appropriations.
       Sec. 203. Not to exceed 2 percent of any appropriations in 
     this Act made available to the Office of National Drug 
     Control Policy may be transferred between appropriated 
     programs upon the advance approval of the Committees on 
     Appropriations: Provided, That no transfer may increase or 
     decrease any such appropriation by more than 3 percent.
       Sec. 204. Not to exceed $1,000,000 of any appropriations in 
     this Act made available to the Office of National Drug 
     Control Policy may be reprogrammed within a program, project, 
     or activity upon the advance approval of the Committees on 
     Appropriations.
        This title may be cited as the ``Executive Office of the 
     President Appropriations Act, 2009''.

                               TITLE III

                             THE JUDICIARY

                   Supreme Court of the United States


                         salaries and expenses

       For expenses necessary for the operation of the Supreme 
     Court, as required by law, excluding care of the building and 
     grounds, including purchase or hire, driving, maintenance, 
     and operation of an automobile for the Chief Justice, not to 
     exceed $10,000 for the purpose of transporting Associate 
     Justices, and hire of passenger motor vehicles as authorized 
     by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for 
     official reception and representation expenses; and for 
     miscellaneous expenses, to be expended as the Chief Justice 
     may approve, $69,777,000, of which $2,000,000 shall remain 
     available until expended.


                    care of the building and grounds

       For such expenditures as may be necessary to enable the 
     Architect of the Capitol to carry out the duties imposed upon 
     the Architect by the Act approved May 7, 1934 (40 U.S.C. 13a-
     13b), $18,447,000, which shall remain available until 
     expended.

         United States Court of Appeals for the Federal Circuit


                         salaries and expenses

       For salaries of the chief judge, judges, and other officers 
     and employees, and for necessary expenses of the court, as 
     authorized by law, $30,384,000.

               United States Court of International Trade


                         Salaries and Expenses

       For salaries of the chief judge and eight judges, salaries 
     of the officers and employees of the court, services, and 
     necessary expenses of the court, as authorized by law, 
     $19,605,000.

    Courts of Appeals, District Courts, and Other Judicial Services


                         Salaries and Expenses

       For the salaries of circuit and district judges (including 
     judges of the territorial courts of the United States), 
     justices and judges retired from office or from regular 
     active service, judges of the United States Court of Federal 
     Claims, bankruptcy judges, magistrate judges, and all other 
     officers and employees of the Federal Judiciary not otherwise 
     specifically provided for, and necessary expenses of the 
     courts, as authorized by law, $4,801,369,000 (including the 
     purchase of firearms and ammunition); of which not to exceed 
     $27,817,000 shall remain available until expended for space 
     alteration projects and for furniture and furnishings related 
     to new space alteration and construction projects.
       In addition, for expenses of the United States Court of 
     Federal Claims associated with processing cases under the 
     National Childhood Vaccine Injury Act of 1986 (Public Law 99-
     660), not to exceed $4,253,000, to be appropriated from the 
     Vaccine Injury Compensation Trust Fund.


                           defender services

       For the operation of Federal Defender organizations; the 
     compensation and reimbursement of expenses of attorneys 
     appointed to represent persons under section 3006A of title 
     18, United States Code, and also under section 3599 of title 
     18, United States Code, in cases in which a defendant is 
     charged with a crime that may be punishable by death; the 
     compensation and reimbursement of expenses of persons 
     furnishing investigative, expert, and other services under 
     section 3006A(e) of title 18, United States Code, and also 
     under section 3599(f) and (g)(2) of title 18, United States 
     Code, in cases in which a defendant is charged with a crime 
     that may be punishable by death; the compensation (in 
     accordance with the maximums under section 3006A of title 18, 
     United States Code) and reimbursement of expenses of 
     attorneys appointed to assist the court in criminal cases 
     where the defendant has waived representation by counsel; the 
     compensation and reimbursement of travel expenses of 
     guardians ad litem acting on behalf

[[Page 5638]]

     of financially eligible minor or incompetent offenders in 
     connection with transfers from the United States to foreign 
     countries with which the United States has a treaty for the 
     execution of penal sentences; the compensation and 
     reimbursement of expenses of attorneys appointed to represent 
     jurors in civil actions for the protection of their 
     employment, as authorized by 28 U.S.C. 1875(d); the 
     compensation and reimbursement of expenses of attorneys 
     appointed under 18 U.S.C. 983(b)(1) in connection with 
     certain judicial civil forfeiture proceedings; and for 
     necessary training and general administrative expenses, 
     $849,400,000, to remain available until expended.


                    fees of jurors and commissioners

       For fees and expenses of jurors as authorized by 28 U.S.C. 
     1871 and 1876; compensation of jury commissioners as 
     authorized by 28 U.S.C. 1863; and compensation of 
     commissioners appointed in condemnation cases pursuant to 
     rule 71A(h) of the Federal Rules of Civil Procedure (28 
     U.S.C. Appendix Rule 71A(h)), $62,206,000, to remain 
     available until expended: Provided, That the compensation of 
     land commissioners shall not exceed the daily equivalent of 
     the highest rate payable under section 5332 of title 5, 
     United States Code.


                             court security

                     (including transfers of funds)

       For necessary expenses, not otherwise provided for, 
     incident to the provision of protective guard services for 
     United States courthouses and other facilities housing 
     Federal court operations, and the procurement, installation, 
     and maintenance of security systems and equipment for United 
     States courthouses and other facilities housing Federal court 
     operations, including building ingress-egress control, 
     inspection of mail and packages, directed security patrols, 
     perimeter security, basic security services provided by the 
     Federal Protective Service, and other similar activities as 
     authorized by section 1010 of the Judicial Improvement and 
     Access to Justice Act (Public Law 100-702), $428,858,000, of 
     which not to exceed $15,000,000 shall remain available until 
     expended, to be expended directly or transferred to the 
     United States Marshals Service, which shall be responsible 
     for administering the Judicial Facility Security Program 
     consistent with standards or guidelines agreed to by the 
     Director of the Administrative Office of the United States 
     Courts and the Attorney General.

           Administrative Office of the United States Courts


                         salaries and expenses

       For necessary expenses of the Administrative Office of the 
     United States Courts as authorized by law, including travel 
     as authorized by 31 U.S.C. 1345, hire of a passenger motor 
     vehicle as authorized by 31 U.S.C. 1343(b), advertising and 
     rent in the District of Columbia and elsewhere, $79,049,000, 
     of which not to exceed $8,500 is authorized for official 
     reception and representation expenses.

                        Federal Judicial Center


                         salaries and expenses

       For necessary expenses of the Federal Judicial Center, as 
     authorized by Public Law 90-219, $25,725,000; of which 
     $1,800,000 shall remain available through September 30, 2010, 
     to provide education and training to Federal court personnel; 
     and of which not to exceed $1,500 is authorized for official 
     reception and representation expenses.

                       Judicial Retirement Funds


                    payment to judiciary trust funds

       For payment to the Judicial Officers' Retirement Fund, as 
     authorized by 28 U.S.C. 377(o), $65,340,000; to the Judicial 
     Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c), 
     $6,600,000; and to the United States Court of Federal Claims 
     Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l), 
     $4,200,000.

                  United States Sentencing Commission


                         salaries and expenses

       For the salaries and expenses necessary to carry out the 
     provisions of chapter 58 of title 28, United States Code, 
     $16,225,000, of which not to exceed $1,000 is authorized for 
     official reception and representation expenses.

                Administrative Provisions--The Judiciary


                     (including transfer of funds)

       Sec. 301.  Appropriations and authorizations made in this 
     title which are available for salaries and expenses shall be 
     available for services as authorized by 5 U.S.C. 3109.
       Sec. 302.  Not to exceed 5 percent of any appropriation 
     made available for the current fiscal year for the Judiciary 
     in this Act may be transferred between such appropriations, 
     but no such appropriation, except ``Courts of Appeals, 
     District Courts, and Other Judicial Services, Defender 
     Services'' and ``Courts of Appeals, District Courts, and 
     Other Judicial Services, Fees of Jurors and Commissioners'', 
     shall be increased by more than 10 percent by any such 
     transfers: Provided, That any transfer pursuant to this 
     section shall be treated as a reprogramming of funds under 
     sections 604 and 608 of this Act and shall not be available 
     for obligation or expenditure except in compliance with the 
     procedures set forth in section 608.
       Sec. 303.  Notwithstanding any other provision of law, the 
     salaries and expenses appropriation for ``Courts of Appeals, 
     District Courts, and Other Judicial Services'' shall be 
     available for official reception and representation expenses 
     of the Judicial Conference of the United States: Provided, 
     That such available funds shall not exceed $11,000 and shall 
     be administered by the Director of the Administrative Office 
     of the United States Courts in the capacity as Secretary of 
     the Judicial Conference.
       Sec. 304.  Within 90 days after the date of the enactment 
     of this Act, the Administrative Office of the U.S. Courts 
     shall submit to the Committees on Appropriations a 
     comprehensive financial plan for the Judiciary allocating all 
     sources of available funds including appropriations, fee 
     collections, and carryover balances, to include a separate 
     and detailed plan for the Judiciary Information Technology 
     Fund.
       Sec. 305.  Section 3314(a) of title 40, United States Code, 
     shall be applied by substituting ``Federal'' for 
     ``executive'' each place it appears.
       Sec. 306.  In accordance with 28 U.S.C. 561-569, and 
     notwithstanding any other provision of law, the United States 
     Marshals Service shall provide, for such courthouses as its 
     Director may designate in consultation with the Director of 
     the Administrative Office of the United States Courts, for 
     purposes of a pilot program, the security services that 40 
     U.S.C. 1315 authorizes the Department of Homeland Security to 
     provide, except for the services specified in 40 U.S.C. 
     1315(b)(2)(E). For building-specific security services at 
     these courthouses, the Director of the Administrative Office 
     of the United States Courts shall reimburse the United States 
     Marshals Service rather than the Department of Homeland 
     Security.
       Sec. 307. (a). In General.--Section 604(a)(5) of title 28, 
     United States Code, is amended by striking ``magistrate 
     judges appointed under section 631 of this title,'' and 
     inserting the following: ``, United States magistrate judges, 
     bankruptcy judges appointed under chapter 6 of this title, 
     judges of the District Court of Guam, judges of the District 
     Court for the Northern Mariana Islands, judges of the 
     District Court of the Virgin Islands, bankruptcy judges and 
     magistrate judges retired under section 377 of this title, 
     and judges retired under section 373 of this title, who 
     are''.
       (b) Construction.--For purposes of construing and applying 
     chapter 87 of title 5, United States Code, including any 
     adjustment of insurance rates by regulation or otherwise, the 
     following categories of judicial officers shall be deemed to 
     be judges of the United States as described under section 
     8701 of title 5, United States Code:
       (1) United States magistrate judges.
       (2) Bankruptcy judges appointed under chapter 6 of title 
     28, United States Code.
       (3) Judges of the District Court of Guam, judges of the 
     District Court for the Northern Mariana Islands, and judges 
     of the District Court of the Virgin Islands.
       (4) Bankruptcy judges and magistrate judges retired under 
     section 377 of title 28, United States Code.
       (5) Judges retired under section 373 of title 28, United 
     States Code.
       (c) Effective Date.--Subsection (b) and the amendment made 
     by subsection (a) shall apply with respect to any payment 
     made on or after the first day of the first applicable pay 
     period beginning on or after the date of the enactment of 
     Public Law 110-177.
       Sec. 308.  Subsection (c) of section 407 of the 
     Transportation, Treasury, Housing and Urban Development, the 
     Judiciary, the District of Columbia, and Independent Agencies 
     Appropriations Act, 2006 (division A, title IV, of Public Law 
     109-115; 119 Stat. 2396, 2471) is repealed.
       Sec. 309.  Section 203(c) of the Judicial Improvements Act 
     of 1990 (Public Law 101-650; 28 U.S.C. 133 note), is 
     amended--
       (1) in the second sentence, by inserting ``the district of 
     Hawaii,'' after ``Pennsylvania,'';
       (2) in the third sentence (relating to the District of 
     Kansas), by striking ``17 years'' and inserting ``18 years'';
       (3) in the sixth sentence (relating to the Northern 
     District of Ohio), by striking ``17 years'' and inserting 
     ``18 years''.
       (4) by inserting ``The first vacancy in the office of the 
     district judge in the district of Hawaii occurring 15 years 
     or more after the confirmation date of the judge named to 
     fill the temporary judgeship created under this subsection 
     shall not be filled.'' after the sixth sentence.
       Sec. 310. Pursuant to section 140 of Public Law 97-92, and 
     from funds appropriated in this Act, Justices and judges of 
     the United States are authorized during fiscal year 2009, to 
     receive a salary adjustment in accordance with 28 U.S.C. 461.
        This title may be cited as the ``Judiciary Appropriations 
     Act, 2009''.

                                TITLE IV

                          DISTRICT OF COLUMBIA

                             Federal Funds


              federal payment for resident tuition support

       For a Federal payment to the District of Columbia, to be 
     deposited into a dedicated account, for a nationwide program 
     to be administered by the Mayor, for District of Columbia 
     resident tuition support, $35,100,000,

[[Page 5639]]

     to remain available until expended: Provided, That such 
     funds, including any interest accrued thereon, may be used on 
     behalf of eligible District of Columbia residents to pay an 
     amount based upon the difference between in-State and out-of-
     State tuition at public institutions of higher education, or 
     to pay up to $2,500 each year at eligible private 
     institutions of higher education: Provided further, That the 
     awarding of such funds may be prioritized on the basis of a 
     resident's academic merit, the income and need of eligible 
     students and such other factors as may be authorized: 
     Provided further, That the District of Columbia government 
     shall maintain a dedicated account for the Resident Tuition 
     Support Program that shall consist of the Federal funds 
     appropriated to the Program in this Act and any subsequent 
     appropriations, any unobligated balances from prior fiscal 
     years, and any interest earned in this or any fiscal year: 
     Provided further, That the account shall be under the control 
     of the District of Columbia Chief Financial Officer, who 
     shall use those funds solely for the purposes of carrying out 
     the Resident Tuition Support Program: Provided further, That 
     the Office of the Chief Financial Officer shall provide a 
     quarterly financial report to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     for these funds showing, by object class, the expenditures 
     made and the purpose therefor.


   Federal Payment for Emergency Planning and Security Costs in the 
                          District of Columbia

       For a Federal payment of necessary expenses, as determined 
     by the Mayor of the District of Columbia in written 
     consultation with the elected county or city officials of 
     surrounding jurisdictions, $39,177,000, to remain available 
     until expended and in addition any funds that remain 
     available from prior year appropriations under this heading 
     for the District of Columbia Government, of which $38,825,000 
     is for the costs of providing public safety at events related 
     to the presence of the national capital in the District of 
     Columbia, for the costs of providing support requested by the 
     Director of the United States Secret Service Division in 
     carrying out protective duties under the direction of the 
     Secretary of Homeland Security, and for the costs of 
     providing support to respond to immediate and specific 
     terrorist threats or attacks in the District of Columbia or 
     surrounding jurisdictions; and of which $352,000 is for the 
     District of Columbia National Guard retention and college 
     access program.


           federal payment to the district of columbia courts

       For salaries and expenses for the District of Columbia 
     Courts, $248,409,000 to be allocated as follows: for the 
     District of Columbia Court of Appeals, $12,630,000, of which 
     not to exceed $1,500 is for official reception and 
     representation expenses; for the District of Columbia 
     Superior Court, $104,277,000, of which not to exceed $1,500 
     is for official reception and representation expenses; for 
     the District of Columbia Court System, $55,426,000, of which 
     not to exceed $1,500 is for official reception and 
     representation expenses; and $76,076,000, to remain available 
     until September 30, 2010, for capital improvements for 
     District of Columbia courthouse facilities, including 
     structural improvements to the District of Columbia cell 
     block at the Moultrie Courthouse: Provided, That funds made 
     available for capital improvements shall be expended 
     consistent with the General Services Administration (GSA) 
     master plan study and building evaluation report: Provided 
     further, That notwithstanding any other provision of law, all 
     amounts under this heading shall be apportioned quarterly by 
     the Office of Management and Budget and obligated and 
     expended in the same manner as funds appropriated for 
     salaries and expenses of other Federal agencies, with payroll 
     and financial services to be provided on a contractual basis 
     with the GSA, and such services shall include the preparation 
     of monthly financial reports, copies of which shall be 
     submitted directly by GSA to the President and to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate, the Committee on Oversight and Government 
     Reform of the House of Representatives, and the Committee on 
     Homeland Security and Governmental Affairs of the Senate: 
     Provided further, That 30 days after providing written notice 
     to the Committees on Appropriations of the House of 
     Representatives and the Senate, the District of Columbia 
     Courts may reallocate not more than $1,000,000 of the funds 
     provided under this heading among the items and entities 
     funded under this heading for operations, and not more than 4 
     percent of the funds provided under this heading for 
     facilities.


            defender services in district of columbia courts

       For payments authorized under section 11-2604 and section 
     11-2605, D.C. Official Code (relating to representation 
     provided under the District of Columbia Criminal Justice 
     Act), payments for counsel appointed in proceedings in the 
     Family Court of the Superior Court of the District of 
     Columbia under chapter 23 of title 16, D.C. Official Code, or 
     pursuant to contractual agreements to provide guardian ad 
     litem representation, training, technical assistance, and 
     such other services as are necessary to improve the quality 
     of guardian ad litem representation, payments for counsel 
     appointed in adoption proceedings under chapter 3 of title 
     16, D.C. Code, and payments for counsel authorized under 
     section 21-2060, D.C. Official Code (relating to 
     representation provided under the District of Columbia 
     Guardianship, Protective Proceedings, and Durable Power of 
     Attorney Act of 1986), $52,475,000, to remain available until 
     expended: Provided, That the funds provided in this Act under 
     the heading ``Federal Payment to the District of Columbia 
     Courts'' (other than the $76,076,000 provided under such 
     heading for capital improvements for District of Columbia 
     courthouse facilities) may also be used for payments under 
     this heading: Provided further, That in addition to the funds 
     provided under this heading, the Joint Committee on Judicial 
     Administration in the District of Columbia may use funds 
     provided in this Act under the heading ``Federal Payment to 
     the District of Columbia Courts'' (other than the $76,076,000 
     provided under such heading for capital improvements for 
     District of Columbia courthouse facilities), to make payments 
     described under this heading for obligations incurred during 
     any fiscal year: Provided further, That funds provided under 
     this heading shall be administered by the Joint Committee on 
     Judicial Administration in the District of Columbia: Provided 
     further, That notwithstanding any other provision of law, 
     this appropriation shall be apportioned quarterly by the 
     Office of Management and Budget and obligated and expended in 
     the same manner as funds appropriated for expenses of other 
     Federal agencies, with payroll and financial services to be 
     provided on a contractual basis with the General Services 
     Administration (GSA), and such services shall include the 
     preparation of monthly financial reports, copies of which 
     shall be submitted directly by GSA to the President and to 
     the Committees on Appropriations of the House of 
     Representatives and the Senate, the Committee on Oversight 
     and Government Reform of the House of Representatives, and 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate.


 Federal Payment to the Court Services and Offender Supervision Agency 
                      for the District of Columbia

       For salaries and expenses, including the transfer and hire 
     of motor vehicles, of the Court Services and Offender 
     Supervision Agency for the District of Columbia, as 
     authorized by the National Capital Revitalization and Self-
     Government Improvement Act of 1997, $203,490,000, of which 
     not to exceed $2,000 is for official reception and 
     representation expenses related to Community Supervision and 
     Pretrial Services Agency programs; of which not to exceed 
     $25,000 is for dues and assessments relating to the 
     implementation of the Court Services and Offender Supervision 
     Agency Interstate Supervision Act of 2002; of which not to 
     exceed $400,000 for the Community Supervision Program and 
     $160,000 for the Pretrial Services Program, both to remain 
     available until September 30, 2010, are for information 
     technology infrastructure enhancement acquisitions; of which 
     $148,652,000 shall be for necessary expenses of Community 
     Supervision and Sex Offender Registration, to include 
     expenses relating to the supervision of adults subject to 
     protection orders or the provision of services for or related 
     to such persons; of which $54,838,000 shall be available to 
     the Pretrial Services Agency: Provided, That notwithstanding 
     any other provision of law, all amounts under this heading 
     shall be apportioned quarterly by the Office of Management 
     and Budget and obligated and expended in the same manner as 
     funds appropriated for salaries and expenses of other Federal 
     agencies: Provided further, That not less than $2,000,000 
     shall be available for re-entrant housing in the District of 
     Columbia: Provided further, That the Director is authorized 
     to accept and use gifts in the form of in-kind contributions 
     of space and hospitality to support offender and defendant 
     programs, and equipment and vocational training services to 
     educate and train offenders and defendants: Provided further, 
     That the Director shall keep accurate and detailed records of 
     the acceptance and use of any gift or donation under the 
     previous proviso, and shall make such records available for 
     audit and public inspection: Provided further, That the Court 
     Services and Offender Supervision Agency Director is 
     authorized to accept and use reimbursement from the District 
     of Columbia Government for space and services provided on a 
     cost reimbursable basis.


  federal payment to the district of columbia public defender service

       For salaries and expenses, including the transfer and hire 
     of motor vehicles, of the District of Columbia Public 
     Defender Service, as authorized by the National Capital 
     Revitalization and Self-Government Improvement Act of 1997, 
     $35,659,000, of which $700,000 is to remain available until 
     September 30, 2010: Provided, That notwithstanding any other 
     provision of law, all amounts under this heading shall be 
     apportioned quarterly by the Office of Management and Budget 
     and obligated and expended in the same manner as funds 
     appropriated for salaries and expenses of Federal agencies. 
     Provided further, That for fiscal year 2009 and thereafter, 
     the Public Defender Service is

[[Page 5640]]

     authorized to charge fees to cover costs of materials 
     distributed and training provided to attendees of educational 
     events, including conferences, sponsored by the Public 
     Defender Service, and notwithstanding 31 U.S.C. 3302, such 
     fees shall be credited to this account, to be available until 
     expended without further appropriation.


 Federal Payment to the District of Columbia Water and Sewer Authority

       For a Federal payment to the District of Columbia Water and 
     Sewer Authority, $16,000,000, to remain available until 
     expended, to continue implementation of the Combined Sewer 
     Overflow Long-Term Plan: Provided, That the District of 
     Columbia Water and Sewer Authority provides a 100 percent 
     match for this payment.


      federal payment to the criminal justice coordinating council

       For a Federal payment to the Criminal Justice Coordinating 
     Council, $1,774,000, to remain available until expended, to 
     support initiatives related to the coordination of Federal 
     and local criminal justice resources in the District of 
     Columbia.


  federal payment to the office of the chief financial officer of the 
                          district of columbia

       For a Federal payment to the Office of the Chief Financial 
     Officer of the District of Columbia, $4,887,622: Provided, 
     That each entity that receives funding under this heading 
     shall submit to the Office of the Chief Financial Officer of 
     the District of Columbia (CFO) a detailed budget and 
     comprehensive description of the activities to be carried out 
     with such funds no later than 60 days after enactment of this 
     Act, and the CFO shall submit a comprehensive report to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate no later than June 1, 2009.


                 Federal Payment for School Improvement

       For a Federal payment for a school improvement program in 
     the District of Columbia, $54,000,000, to be allocated as 
     follows: for the District of Columbia Public Schools, 
     $20,000,000 to improve public school education in the 
     District of Columbia; for the State Education Office, 
     $20,000,000 to expand quality public charter schools in the 
     District of Columbia, to remain available until expended; for 
     the Secretary of the Department of Education, $14,000,000 to 
     provide opportunity scholarships for students in the District 
     of Columbia in accordance with division C, title III of the 
     District of Columbia Appropriations Act, 2004 (Public Law 
     108-199; 118 Stat. 126), of which up to $1,000,000 may be 
     used to administer and fund assessments: Provided, That none 
     of the funds provided in this Act or any other Act for 
     opportunity scholarships may be used by an eligible student 
     to enroll in a participating school under the D.C. School 
     Choice Incentive Act of 2003 unless (1) the participating 
     school has and maintains a valid certificate of occupancy 
     issued by the District of Columbia; and (2) the core subject 
     matter teachers of the eligible student hold 4-year 
     bachelor's degrees: Provided further, That use of any funds 
     in this Act or any other Act for opportunity scholarships 
     after school year 2009-2010 shall only be available upon 
     enactment of reauthorization of that program by Congress and 
     the adoption of legislation by the District of Columbia 
     approving such reauthorization.

           federal payment to jump start public school reform

       For a Federal payment to jump start public school reform in 
     the District of Columbia, $20,000,000, of which $3,500,000 is 
     to support the recruitment, development and training of 
     principals and other school leaders; $7,000,000 is to develop 
     optimal school programs and intervene in low performing 
     schools; $7,500,000 is for a customized data reporting and 
     accountability system on student performance as well as 
     increased outreach and training for parents and community 
     members; and $2,000,000 is to support data reporting 
     requirements associated with the District of Columbia Public 
     Schools teacher incentive program: Provided, That up to 
     $500,000 or 10 percent, whichever is less, of the amounts 
     above may be transferred as necessary from one activity to 
     another activity: Provided further, That the Committees on 
     Appropriations of the House of Representatives and Senate are 
     notified in writing 15 days in advance of the transfer: 
     Provided further, That any amount provided under this heading 
     shall be available only after such amount has been 
     apportioned pursuant to chapter 15 of title 31, United States 
     Code.


          federal payment for consolidated laboratory facility

       For a Federal payment to the District of Columbia, 
     $21,000,000, to remain available until September 30, 2010, 
     for costs associated with the construction of a consolidated 
     bioterrorism and forensics laboratory: Provided, That the 
     District of Columbia provides a 100 percent match for this 
     payment.


        federal payment for central library and branch locations

       For a Federal payment to the District of Columbia, 
     $7,000,000, to remain available until expended, for the 
     Federal contribution for costs associated with the renovation 
     and rehabilitation of District libraries.


Federal Payment to the Executive Office of the Mayor of the District of 
                                Columbia

       For a Federal payment to the Executive Office of the Mayor 
     of the District of Columbia to enhance the quality of life 
     for District residents, $3,387,500, of which $1,250,000 shall 
     be available as matching funds to temporarily continue 
     Federal benefits for low-income couples who decide to marry, 
     and of which $2,137,500 shall be to continue Marriage 
     Development Accounts in the District of Columbia: Provided, 
     That no funds shall be expended until the Mayor of the 
     District of Columbia submits a detailed expenditure plan, 
     including performance measures, to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate: Provided further, That the District submit a 
     preliminary progress report on activities no later than June 
     1, 2009, and a final report including a detailed description 
     of outcomes achieved no later than February 1, 2010.

                       District of Columbia Funds

       The following amounts are appropriated for the District of 
     Columbia for the current fiscal year out of the General Fund 
     of the District of Columbia (``General Fund''), except as 
     otherwise specifically provided: Provided, That 
     notwithstanding any other provision of law, except as 
     provided in section 450A of the District of Columbia Home 
     Rule Act, approved November 2, 2000 (114 Stat. 2440; D.C. 
     Official Code Sec. 1-204.50a), and provisions of this Act, 
     the total amount appropriated in this Act for operating 
     expenses for the District of Columbia for fiscal year 2009 
     under this heading shall not exceed the lesser of the sum of 
     the total revenues of the District of Columbia for such 
     fiscal year or $9,888,095,000 (of which $6,082,474,000 shall 
     be from local funds (including $420,119,000 from dedicated 
     taxes), $2,177,382,000 shall be from Federal grant funds, 
     $1,621,929,000 shall be from other funds, and $6,310,000 
     shall be from private funds); in addition, $202,326,130 from 
     funds previously appropriated in this Act as Federal 
     payments: Provided further, That of the local funds, such 
     amounts as may be necessary may be derived from the 
     District's General Fund balance: Provided further, That of 
     these funds the District's intradistrict authority shall be 
     $725,461,000: in addition, for capital construction projects, 
     an increase of $1,482,977,000, of which $1,121,734,000 shall 
     be from local funds, $107,794,000 from the Local Street 
     Maintenance fund, $60,708,000 from the District of Columbia 
     Highway Trust Fund, $192,741,000 from Federal grant funds, 
     and a rescission of $353,447,000 from local funds and a 
     rescission of $37,500,000 from Local Street Maintenance funds 
     appropriated under this heading in prior fiscal years for a 
     net amount of $1,092,030,000 to remain available until 
     expended: Provided further, That the amounts provided under 
     this heading are to be available, allocated and expended as 
     proposed under ``Title III--District of Columbia Funds 
     Division of Expenses'' of the Fiscal Year 2009 Proposed 
     Budget and Financial Plan submitted to the Congress by the 
     District of Columbia on June 9, 2008 and such title is hereby 
     incorporated by reference as though set forth fully herein: 
     Provided further, That this amount may be increased by 
     proceeds of one-time transactions which are expended for 
     emergency or unanticipated operating or capital needs: 
     Provided further, That such increases shall be approved by 
     enactment of local District law and shall comply with all 
     reserve requirements contained in the District of Columbia 
     Home Rule Act approved December 24, 1973 (87 Stat. 777; D.C. 
     Official Code Sec. 1-201.01 et seq.), as amended by this Act: 
     Provided further, That the Chief Financial Officer of the 
     District of Columbia shall take such steps as are necessary 
     to assure that the District of Columbia meets these 
     requirements, including the apportioning by the Chief 
     Financial Officer of the appropriations and funds made 
     available to the District during fiscal year 2009, except 
     that the Chief Financial Officer may not reprogram for 
     operating expenses any funds derived from bonds, notes, or 
     other obligations issued for capital projects.
        This title may be cited as the ``District of Columbia 
     Appropriations Act, 2009''.

                                TITLE V

                          INDEPENDENT AGENCIES

             Administrative Conference of the United States


                         SALARIES AND EXPENSES

       For necessary expenses of the Administrative Conference of 
     the United States, authorized by 5 U.S.C. 591 et seq., 
     $1,500,000, of which, not to exceed $1,000 is for official 
     reception and representation expenses.

               Christopher Columbus Fellowship Foundation


                         SALARIES AND EXPENSES

       For payment to the Christopher Columbus Fellowship 
     Foundation, established by section 423 of Public Law 102-281, 
     $1,000,000, to remain available until expended.

                  Commodity Futures Trading Commission


                         salaries and expenses

       For necessary expenses to carry out the provisions of the 
     Commodity Exchange Act (7 U.S.C. 1 et seq.), including the 
     purchase and hire of passenger motor vehicles, and the rental 
     of space (to include multiple year leases) in the District of 
     Columbia and elsewhere, $146,000,000, including not to exceed 
     $3,000 for official reception and representation expenses: 
     Provided, That $34,734,000 of

[[Page 5641]]

     the total amount appropriated under this heading shall not be 
     available for obligation until the Commodity Futures Trading 
     Commission submits an expenditure plan for fiscal year 2009 
     to the Committees on Appropriations of the House of 
     Representatives and the Senate.

                   Consumer Product Safety Commission


                         salaries and expenses

       For necessary expenses of the Consumer Product Safety 
     Commission (CPSC), including hire of passenger motor 
     vehicles, services as authorized by 5 U.S.C. 3109, but at 
     rates for individuals not to exceed the per diem rate 
     equivalent to the maximum rate payable under 5 U.S.C. 5376, 
     purchase of nominal awards to recognize non-Federal 
     officials' contributions to Commission activities, and not to 
     exceed $2,000 for official reception and representation 
     expenses, $105,404,000, of which $6,000,000 shall remain 
     available for obligation until September 30, 2011 for costs 
     associated with the relocation of CPSC's laboratory to a 
     modern facility and the upgrade of laboratory equipment, and 
     of which $2,000,000 shall remain available for obligation 
     until September 30, 2010 to implement the Virginia Graeme 
     Baker Pool and Spa Safety Act grant program as provided by 
     section 1405 of Public Law 110-140 (15 U.S.C. 8004).

                     Election Assistance Commission


                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses to carry out the Help America Vote 
     Act of 2002, $17,959,000, of which $4,000,000 shall be 
     transferred to the National Institute of Standards and 
     Technology for election reform activities authorized under 
     the Help America Vote Act of 2002: Provided, That $750,000 
     shall be for the Help America Vote College Program as 
     provided by the Help America Vote Act of 2002 (Public Law 
     107-252): Provided further, That $300,000 shall be for a 
     competitive grant program to support community involvement in 
     student and parent mock elections.


                        election reform programs

       For necessary expenses relating to election reform 
     programs, $106,000,000, to remain available until expended, 
     of which $100,000,000 shall be for requirements payments 
     under part 1 of subtitle D of title II of the Help America 
     Vote Act of 2002 (Public Law 107-252), $5,000,000 shall be 
     for grants to carry out research on voting technology 
     improvements as authorized under part 3 of subtitle D of 
     title II of such Act, and $1,000,000, shall be to conduct a 
     pilot program for grants to States and units of local 
     government for pre-election logic and accuracy testing and 
     post-election voting systems verification.

                   Federal Communications Commission


                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses of the Federal Communications 
     Commission, as authorized by law, including uniforms and 
     allowances therefor, as authorized by 5 U.S.C. 5901-5902; not 
     to exceed $4,000 for official reception and representation 
     expenses; purchase and hire of motor vehicles; special 
     counsel fees; and services as authorized by 5 U.S.C. 3109, 
     $341,875,000: Provided, That of the funds provided, not less 
     than $3,000,000 shall be available to establish and 
     administer a State Broadband Data and Development matching 
     grants program for State-level broadband demand aggregation 
     activities and creation of geographic inventory maps of 
     broadband service to identify gaps in service and provide a 
     baseline assessment of statewide broadband deployment: 
     Provided further, That $341,875,000 of offsetting collections 
     shall be assessed and collected pursuant to section 9 of 
     title I of the Communications Act of 1934, shall be retained 
     and used for necessary expenses in this appropriation, and 
     shall remain available until expended: Provided further, That 
     the sum herein appropriated shall be reduced as such 
     offsetting collections are received during fiscal year 2009 
     so as to result in a final fiscal year 2009 appropriation 
     estimated at $0: Provided further, That any offsetting 
     collections received in excess of $341,875,000 in fiscal year 
     2009 shall not be available for obligation: Provided further, 
     That remaining offsetting collections from prior years 
     collected in excess of the amount specified for collection in 
     each such year and otherwise becoming available on October 1, 
     2008, shall not be available for obligation: Provided 
     further, That notwithstanding 47 U.S.C. 309(j)(8)(B), 
     proceeds from the use of a competitive bidding system that 
     may be retained and made available for obligation shall not 
     exceed $85,000,000 for fiscal year 2009: Provided further, 
     That, in addition, not to exceed $25,480,000 may be 
     transferred from the Universal Service Fund in fiscal year 
     2009 to remain available until expended, to monitor the 
     Universal Service Fund program to prevent and remedy waste, 
     fraud and abuse, and to conduct audits and investigations by 
     the Office of Inspector General.


      Administrative Provisions--Federal Communications Commission

       Sec. 501. Section 302 of the Universal Service 
     Antideficiency Temporary Suspension Act is amended by 
     striking ``December 31, 2008'', each place it appears and 
     inserting ``December 31, 2009''.
       Sec. 502. None of the funds appropriated by this Act may be 
     used by the Federal Communications Commission to modify, 
     amend, or change its rules or regulations for universal 
     service support payments to implement the February 27, 2004 
     recommendations of the Federal-State Joint Board on Universal 
     Service regarding single connection or primary line 
     restrictions on universal service support payments.

                 Federal Deposit Insurance Corporation


                      Office of Inspector General

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, $27,495,000, to be derived from the Deposit 
     Insurance Fund or, only when appropriate, the FSLIC 
     Resolution Fund.

                      Federal Election Commission


                         salaries and expenses

       For necessary expenses to carry out the provisions of the 
     Federal Election Campaign Act of 1971, $63,618,000, of which 
     not to exceed $5,000 shall be available for reception and 
     representation expenses.

                   Federal Labor Relations Authority

                         salaries and expenses

       For necessary expenses to carry out functions of the 
     Federal Labor Relations Authority, pursuant to Reorganization 
     Plan Numbered 2 of 1978, and the Civil Service Reform Act of 
     1978, including services authorized by 5 U.S.C. 3109, and 
     including hire of experts and consultants, hire of passenger 
     motor vehicles, and rental of conference rooms in the 
     District of Columbia and elsewhere, $22,674,000: Provided, 
     That public members of the Federal Service Impasses Panel may 
     be paid travel expenses and per diem in lieu of subsistence 
     as authorized by law (5 U.S.C. 5703) for persons employed 
     intermittently in the Government service, and compensation as 
     authorized by 5 U.S.C. 3109: Provided further, That 
     notwithstanding 31 U.S.C. 3302, funds received from fees 
     charged to non-Federal participants at labor-management 
     relations conferences shall be credited to and merged with 
     this account, to be available without further appropriation 
     for the costs of carrying out these conferences.

                        Federal Trade Commission

                         salaries and expenses

       For necessary expenses of the Federal Trade Commission, 
     including uniforms or allowances therefor, as authorized by 5 
     U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109; 
     hire of passenger motor vehicles; and not to exceed $2,000 
     for official reception and representation expenses, 
     $259,200,000, to remain available until expended: Provided, 
     That not to exceed $300,000 shall be available for use to 
     contract with a person or persons for collection services in 
     accordance with the terms of 31 U.S.C. 3718: Provided 
     further, That, notwithstanding any other provision of law, 
     not to exceed $168,000,000 of offsetting collections derived 
     from fees collected for premerger notification filings under 
     the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 
     U.S.C. 18a), regardless of the year of collection, shall be 
     retained and used for necessary expenses in this 
     appropriation: Provided further, That, notwithstanding any 
     other provision of law, not to exceed $21,000,000 in 
     offsetting collections derived from fees sufficient to 
     implement and enforce the Telemarketing Sales Rule, 
     promulgated under the Telemarketing and Consumer Fraud and 
     Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be 
     credited to this account, and be retained and used for 
     necessary expenses in this appropriation: Provided further, 
     That the sum herein appropriated from the general fund shall 
     be reduced as such offsetting collections are received during 
     fiscal year 2009, so as to result in a final fiscal year 2009 
     appropriation from the general fund estimated at not more 
     than $70,200,000: Provided further, That none of the funds 
     made available to the Federal Trade Commission may be used to 
     implement subsection (e)(2)(B) of section 43 of the Federal 
     Deposit Insurance Act (12 U.S.C. 1831t).

                    General Services Administration

                        real property activities

                         federal buildings fund

                 limitations on availability of revenue

       For an additional amount to be deposited in the Federal 
     Buildings Fund, $651,198,000. To carry out the purposes of 
     the Fund established pursuant to section 592 of title 40, 
     United States Code, the revenues and collections deposited 
     into the Fund shall be available for necessary expenses of 
     real property management and related activities not otherwise 
     provided for, including operation, maintenance, and 
     protection of federally owned and leased buildings; rental of 
     buildings in the District of Columbia; restoration of leased 
     premises; moving governmental agencies (including space 
     adjustments and telecommunications relocation expenses) in 
     connection with the assignment, allocation and transfer of 
     space; contractual services incident to cleaning or servicing 
     buildings, and moving; repair and alteration of federally 
     owned buildings including grounds, approaches and 
     appurtenances; care and safeguarding of sites; maintenance, 
     preservation, demolition, and equipment; acquisition of 
     buildings and sites by purchase, condemnation, or as 
     otherwise authorized by law; acquisition of options to 
     purchase buildings

[[Page 5642]]

     and sites; conversion and extension of federally owned 
     buildings; preliminary planning and design of projects by 
     contract or otherwise; construction of new buildings 
     (including equipment for such buildings); and payment of 
     principal, interest, and any other obligations for public 
     buildings acquired by installment purchase and purchase 
     contract; in the aggregate amount of $8,427,771,000, of 
     which: (1) $746,317,000 shall remain available until expended 
     for construction (including funds for sites and expenses and 
     associated design and construction services) of additional 
     projects at the following locations:
       New Construction:
       Alabama:
       Tuscaloosa Federal Building, $25,000,000.
       California:
       San Diego, United States Courthouse Annex, $110,362,000.
       San Ysidro, Land Port of Entry, $58,910,000.
       Colorado:
       Lakewood, Denver Federal Center Remediation, $10,472,000.
       District of Columbia:
       DHS Consolidation and development of St. Elizabeths Campus, 
     $331,390,000.
       Federal Office Building 8, $15,000,000.
       St. Elizabeths West Campus Infrastructure, $8,249,000.
       St. Elizabeths West Campus Site Acquisition, $7,000,000.
       Maryland:
       Montgomery County, Food and Drug Administration 
     Consolidation, $163,530,000.
       North Dakota:
       Portal, Land Port of Entry, $15,204,000:
     Provided, That each of the foregoing limits of costs on new 
     construction projects may be exceeded to the extent that 
     savings are affected in other such projects, but not to 
     exceed 10 percent of the amounts included in an approved 
     prospectus, if required, unless advance approval is obtained 
     from the Committees on Appropriations of a greater amount: 
     Provided further, That all funds for direct construction 
     projects shall expire on September 30, 2010 and remain in the 
     Federal Buildings Fund except for funds for projects as to 
     which funds for design or other funds have been obligated in 
     whole or in part prior to such date: Provided further, That 
     for fiscal year 2010 and thereafter, the annual budget 
     submission of the General Services Administration shall 
     include a detailed 5-year plan for Federal building 
     construction projects with a yearly update of total projected 
     future funding needs: Provided further, That for fiscal year 
     2010 and thereafter, the annual budget submission of the 
     General Services Administration shall, in consultation with 
     U.S. Customs and Border Protection, include a detailed 5-year 
     plan for Federal land port-of-entry projects with a yearly 
     update of total projected future funding needs; (2) 
     $692,374,000 shall remain available until expended for 
     repairs and alterations, which includes associated design and 
     construction services:
       Repairs and Alterations:
       District of Columbia:
       Eisenhower Executive Office Building, CBR, $14,700,000.
       Eisenhower Executive Office Building, Phase III, 
     $51,075,000.
       West Wing Infrastructure Systems Replacement, $76,487,000.
       Illinois:
       Chicago, Dirksen Courthouse, $152,825,000.
       North Carolina:
       New Bern, United States Post Office and Courthouse, 
     $10,640,000.
       Special Emphasis Programs:
       Energy and Water Retrofit and Conservation Measures, 
     $36,647,000.
       Basic Repairs and Alterations, $350,000,000:
     Provided further, That funds made available in this or any 
     previous Act in the Federal Buildings Fund for Repairs and 
     Alterations shall, for prospectus projects, be limited to the 
     amount identified for each project, except each project in 
     this or any previous Act may be increased by an amount not to 
     exceed 10 percent unless advance approval is obtained from 
     the Committees on Appropriations of a greater amount: 
     Provided further, That additional projects for which 
     prospectuses have been fully approved may be funded under 
     this category only if advance approval is obtained from the 
     Committees on Appropriations: Provided further, That the 
     amounts provided in this or any prior Act for ``Repairs and 
     Alterations'' may be used to fund costs associated with 
     implementing security improvements to buildings necessary to 
     meet the minimum standards for security in accordance with 
     current law and in compliance with the reprogramming 
     guidelines of the appropriate Committees of the House and 
     Senate: Provided further, That the difference between the 
     funds appropriated and expended on any projects in this or 
     any prior Act, under the heading ``Repairs and Alterations'', 
     may be transferred to Basic Repairs and Alterations or used 
     to fund authorized increases in prospectus projects: Provided 
     further, That all funds for repairs and alterations 
     prospectus projects shall expire on September 30, 2010 and 
     remain in the Federal Buildings Fund except funds for 
     projects as to which funds for design or other funds have 
     been obligated in whole or in part prior to such date: 
     Provided further, That the amount provided in this or any 
     prior Act for Basic Repairs and Alterations may be used to 
     pay claims against the Government arising from any projects 
     under the heading ``Repairs and Alterations'' or used to fund 
     authorized increases in prospectus projects; (3) $149,570,000 
     for installment acquisition payments including payments on 
     purchase contracts which shall remain available until 
     expended; (4) $4,642,156,000 for rental of space which shall 
     remain available until expended; and (5) $2,197,354,000 for 
     building operations which shall remain available until 
     expended: Provided further, That funds available to the 
     General Services Administration shall not be available for 
     expenses of any construction, repair, alteration and 
     acquisition project for which a prospectus, if required by 
     the Public Buildings Act of 1959, has not been approved, 
     except that necessary funds may be expended for each project 
     for required expenses for the development of a proposed 
     prospectus: Provided further, That funds available in the 
     Federal Buildings Fund may be expended for emergency repairs 
     when advance approval is obtained from the Committees on 
     Appropriations: Provided further, That amounts necessary to 
     provide reimbursable special services to other agencies under 
     section 210(f)(6) of the Federal Property and Administrative 
     Services Act of 1949 (40 U.S.C. 592(b)(2)) and amounts to 
     provide such reimbursable fencing, lighting, guard booths, 
     and other facilities on private or other property not in 
     Government ownership or control as may be appropriate to 
     enable the United States Secret Service to perform its 
     protective functions pursuant to 18 U.S.C. 3056, shall be 
     available from such revenues and collections: Provided 
     further, That revenues and collections and any other sums 
     accruing to this Fund during fiscal year 2009, excluding 
     reimbursements under section 210(f)(6) of the Federal 
     Property and Administrative Services Act of 1949 (40 U.S.C. 
     592(b)(2)) in excess of the aggregate new obligational 
     authority authorized for Real Property Activities of the 
     Federal Buildings Fund in this Act shall remain in the Fund 
     and shall not be available for expenditure except as 
     authorized in appropriations Acts.


                           GENERAL ACTIVITIES

                         Government-wide Policy

       For expenses authorized by law, not otherwise provided for, 
     for Government-wide policy and evaluation activities 
     associated with the management of real and personal property 
     assets and certain administrative services; Government-wide 
     policy support responsibilities relating to acquisition, 
     telecommunications, information technology management, and 
     related technology activities; and services as authorized by 
     5 U.S.C. 3109; $54,578,000.

                           operating expenses

       For expenses authorized by law, not otherwise provided for, 
     for Government-wide activities associated with utilization 
     and donation of surplus personal property; disposal of real 
     property; agency-wide policy direction, management, and 
     communications; Civilian Board of Contract Appeals; services 
     as authorized by 5 U.S.C. 3109; and not to exceed $7,500 for 
     official reception and representation expenses; $70,645,000.


                      Office of Inspector General

       For necessary expenses of the Office of Inspector General 
     and service authorized by 5 U.S.C. 3109, $54,000,000: 
     Provided, That not to exceed $15,000 shall be available for 
     payment for information and detection of fraud against the 
     Government, including payment for recovery of stolen 
     Government property: Provided further, That not to exceed 
     $2,500 shall be available for awards to employees of other 
     Federal agencies and private citizens in recognition of 
     efforts and initiatives resulting in enhanced Office of 
     Inspector General effectiveness.

           allowances and office staff for former presidents


                     (including transfer of funds)

       For carrying out the provisions of the Act of August 25, 
     1958 (3 U.S.C. 102 note), and Public Law 95-138, $2,934,000: 
     Provided, That the Administrator of General Services shall 
     transfer to the Secretary of the Treasury such sums as may be 
     necessary to carry out the provisions of such Acts.

                    presidential transition expenses

       For expenses necessary to carry out the Presidential 
     Transition Act of 1963, $8,520,000, of which not to exceed 
     $1,000,000 is for activities authorized by subsections 
     3(a)(8) and (9) of the Act.

                     federal citizen services fund

       For necessary expenses of the Office of Citizen Services, 
     including services authorized by 5 U.S.C. 3109, $36,096,000, 
     to be deposited into the Federal Citizen Services Fund: 
     Provided, That the appropriations, revenues, and collections 
     deposited into the Fund shall be available for necessary 
     expenses of Federal Citizen Services activities in the 
     aggregate amount not to exceed $50,000,000. Appropriations, 
     revenues, and collections accruing to this Fund during fiscal 
     year 2009 in excess of such amount shall remain in the Fund 
     and shall not be available for expenditure except as 
     authorized in appropriations Acts.

       administrative provisions--general services administration

                     (including transfers of funds)

       Sec. 510.  Funds available to the General Services 
     Administration shall be available for the hire of passenger 
     motor vehicles.

[[Page 5643]]

       Sec. 511.  Funds in the Federal Buildings Fund made 
     available for fiscal year 2009 for Federal Buildings Fund 
     activities may be transferred between such activities only to 
     the extent necessary to meet program requirements: Provided, 
     That any proposed transfers shall be approved in advance by 
     the Committees on Appropriations.
       Sec. 512. Except as otherwise provided in this title, funds 
     made available by this Act shall be used to transmit a fiscal 
     year 2010 request for United States Courthouse construction 
     only if the request: (1) meets the design guide standards for 
     construction as established and approved by the General 
     Services Administration, the Judicial Conference of the 
     United States, and the Office of Management and Budget; (2) 
     reflects the priorities of the Judicial Conference of the 
     United States as set out in its approved 5-year construction 
     plan; and (3) includes a standardized courtroom utilization 
     study of each facility to be constructed, replaced, or 
     expanded.
       Sec. 513.  None of the funds provided in this Act may be 
     used to increase the amount of occupiable square feet, 
     provide cleaning services, security enhancements, or any 
     other service usually provided through the Federal Buildings 
     Fund, to any agency that does not pay the rate per square 
     foot assessment for space and services as determined by the 
     General Services Administration in compliance with the Public 
     Buildings Amendments Act of 1972 (Public Law 92-313).
       Sec. 514.  From funds made available under the heading 
     ``Federal Buildings Fund, Limitations on Availability of 
     Revenue'', claims against the Government of less than 
     $250,000 arising from direct construction projects and 
     acquisition of buildings may be liquidated from savings 
     effected in other construction projects with prior 
     notification to the Committees on Appropriations.
       Sec. 515.  In any case in which the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Environment and Public 
     Works of the Senate adopt a resolution granting lease 
     authority pursuant to a prospectus transmitted to Congress by 
     the Administrator of General Services under section 3307 of 
     title 40, United States Code, the Administrator shall ensure 
     that the delineated area of procurement is identical to the 
     delineated area included in the prospectus for all lease 
     agreements, except that, if the Administrator determines that 
     the delineated area of the procurement should not be 
     identical to the delineated area included in the prospectus, 
     the Administrator shall provide an explanatory statement to 
     each of such committees and the House and Senate Committees 
     on Appropriations prior to exercising any lease authority 
     provided in the resolution.
       Sec. 516.  Subsections (a) and (b)(1) of section 323 of 
     title 40, United States Code, are each amended by striking 
     ``Consumer Information Center'' and inserting ``Federal 
     Citizen Services''; and subsection (a) is further amended by 
     striking ``consumer''.
       Sec. 517. In furtherance of the emergency management policy 
     set forth in the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act, the Administrator of the General 
     Services Administration may provide for the use of the 
     Federal supply schedules of the General Services 
     Administration by relief and disaster assistance 
     organizations as described in section 309 of that Act. 
     Purchases under this authority shall be limited to use in 
     preparation for, response to, and recovery from hazards as 
     defined in section 602 of that Act.
       Sec. 518. Working Capital Fund.  (a) Purpose and Operation 
     of Working Capital Fund.--Subsections (a), (b) and (c) of 
     section 3173 of title 40, United States Code, are amended to 
     read as follows:
       ``(a) Establishment and Purpose.--There is a working 
     capital fund for the necessary expenses of administrative 
     support services including accounting, budget, personnel, 
     legal support and other related services; and the maintenance 
     and operation of printing and reproduction facilities in 
     support of the functions of the General Services 
     Administration, other Federal agencies, and other entities; 
     and other such administrative and management services that 
     the Administrator of GSA deems appropriate and advantageous 
     (subject to prior notice to the Office of Management and 
     Budget).
       ``(b) Composition.--
       ``(1) In general.--Amounts received shall be credited to 
     and merged with the Fund, to remain available until expended, 
     for operating costs and capital outlays of the Fund: 
     Provided, That entities for which such services are performed 
     shall be charged at rates which will return in full all costs 
     of providing such services.
       ``(2) Cost and capital requirements.--The Administrator 
     shall determine the cost and capital requirements of the Fund 
     for each fiscal year and shall develop a plan concerning such 
     requirements in consultation with the Chief Financial Officer 
     of the General Services Administration. Any change to the 
     cost and capital requirements of the Fund for a fiscal year 
     shall be approved by the Administrator. The Administrator 
     shall establish rates to be charged to entities for which 
     services are performed, in accordance with the plan.
       ``(c) Deposit of Excess Amounts in the Treasury.--At the 
     close of each fiscal year, after making provision for 
     anticipated operating needs reflected in the cost and capital 
     plan developed under subsection (b), the uncommitted balance 
     of any funds remaining in the Fund shall be transferred to 
     the general fund of the Treasury as miscellaneous 
     receipts.''.
       (b) Transfer and Use of Amounts for Major Equipment 
     Acquisitions.--Section 3173 of title 40, United States Code, 
     is amended to add subsection (d), as follows:
       ``(d) Transfer and Use of Amounts for Major Equipment 
     Acquisitions.--
       ``(1) In general.--Subject to subparagraph (2), unobligated 
     balances of amounts appropriated or otherwise made available 
     to the General Services Administration for operating expenses 
     and salaries and expenses may be transferred and merged into 
     the `Major equipment acquisitions and development activity' 
     of the working capital fund of the General Services 
     Administration for agency-wide acquisition of capital 
     equipment, automated data processing systems and financial 
     management and management information systems: Provided, That 
     acquisitions are limited to those needed to implement the 
     Chief Financial Officers Act of 1990 (Public Law 101-576, 104 
     Stat. 2838) and related laws or regulations.
       ``(2) Requirements and Availability.--
       ``(A) Time for transfer.--Transfer of an amount under this 
     section must be done no later than the end of the fifth 
     fiscal year after the fiscal year for which the amount is 
     appropriated or otherwise made available.
       ``(B) Approval for use.--An amount transferred under this 
     section may be used only with the advance approval of the 
     Committees on Appropriations of the House of Representatives 
     and the Senate.
       ``(C) Availability.--An amount transferred under this 
     section remains available until expended.''
       (c) Conforming and Clerical Amendments.--
       (1) Section 312 of such title is repealed.
       (2) The heading for section 3173 of such title is amended 
     to read as follows:

     ``Sec. 3173. Working capital fund for General Services 
       Administration''.

                 Harry S Truman Scholarship Foundation


                         SALARIES AND EXPENSES

       For payment to the Harry S Truman Scholarship Foundation 
     Trust Fund, established by section 10 of Public Law 93-642, 
     $500,000, to remain available until expended: Provided, That 
     hereafter, all requests of the Board of Trustees to the 
     Secretary of the Treasury provided for in this section shall 
     be binding on the Secretary, including requests for the 
     issuance at par of special obligations exclusively to the 
     fund as provided for in section 10(b), which the Secretary 
     shall implement without regard to the determination related 
     to the public interest required by the last sentence of that 
     section.

                     Merit Systems Protection Board

                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses to carry out functions of the Merit 
     Systems Protection Board pursuant to Reorganization Plan 
     Numbered 2 of 1978, the Civil Service Reform Act of 1978, and 
     the Whistleblower Protection Act of 1989 (5 U.S.C. 5509 
     note), including services as authorized by 5 U.S.C. 3109, 
     rental of conference rooms in the District of Columbia and 
     elsewhere, hire of passenger motor vehicles, direct 
     procurement of survey printing, and not to exceed $2,000 for 
     official reception and representation expenses, $38,811,000 
     together with not to exceed $2,579,000 for administrative 
     expenses to adjudicate retirement appeals to be transferred 
     from the Civil Service Retirement and Disability Fund in 
     amounts determined by the Merit Systems Protection Board.

 Morris K. Udall Scholarship and Excellence in National Environmental 
                           Policy Foundation

 morris k. udall scholarship and excellence in national environmental 
                           policy trust fund

                     (including transfer of funds)

       For payment to the Morris K. Udall Scholarship and 
     Excellence in National Environmental Policy Trust Fund, 
     pursuant to the Morris K. Udall Scholarship and Excellence in 
     National Environmental and Native American Public Policy Act 
     of 1992 (20 U.S.C. 5601 et seq.), $3,750,000, to remain 
     available until expended, of which up to $50,000 shall be 
     used to conduct financial audits pursuant to the 
     Accountability of Tax Dollars Act of 2002 (Public Law 107-
     289) notwithstanding sections 8 and 9 of Public Law 102-259: 
     Provided, That up to 60 percent of such funds may be 
     transferred by the Morris K. Udall Scholarship and Excellence 
     in National Environmental Policy Foundation for the necessary 
     expenses of the Native Nations Institute.

                 environmental dispute resolution fund

       For payment to the Environmental Dispute Resolution Fund to 
     carry out activities authorized in the Environmental Policy 
     and Conflict Resolution Act of 1998, $2,100,000, to remain 
     available until expended.

              National Archives and Records Administration

                           operating expenses

       For necessary expenses in connection with the 
     administration of the National Archives

[[Page 5644]]

     and Records Administration (including the Information 
     Security Oversight Office) and archived Federal records and 
     related activities, as provided by law, and for expenses 
     necessary for the review and declassification of documents 
     and the activities of the Public Interest Declassification 
     Board, and for the hire of passenger motor vehicles, and for 
     uniforms or allowances therefor, as authorized by law (5 
     U.S.C. 5901 et seq.), including maintenance, repairs, and 
     cleaning, $330,308,000, of which $650,000 shall remain 
     available until September 30, 2010.

                      electronic records archives

       For necessary expenses in connection with the development 
     of the electronic records archives, to include all direct 
     project costs associated with research, analysis, design, 
     development, and program management, $67,008,000, of which 
     $45,795,000 shall remain available until September 30, 2011: 
     Provided, That none of the multi-year funds may be obligated 
     until the National Archives and Records Administration 
     submits to the Committees on Appropriations, and such 
     Committees approve, a plan for expenditure that: (1) meets 
     the capital planning and investment control review 
     requirements established by the Office of Management and 
     Budget, including Circular A-11; (2) complies with the 
     National Archives and Records Administration's enterprise 
     architecture; (3) conforms with the National Archives and 
     Records Administration's enterprise life cycle methodology; 
     (4) is approved by the National Archives and Records 
     Administration and the Office of Management and Budget; (5) 
     has been reviewed by the Government Accountability Office; 
     and (6) complies with the acquisition rules, requirements, 
     guidelines, and systems acquisition management practices of 
     the Federal Government.


                        Repairs and Restoration

       For the repair, alteration, and improvement of archives 
     facilities, and to provide adequate storage for holdings, 
     $50,711,000, to remain available until expended: Provided, 
     That the Archivist is authorized to construct an addition to 
     the John F. Kennedy Presidential Library and Museum; and of 
     the funds provided, $22,000,000 shall be available for 
     construction costs and related services for building the 
     addition to the John F. Kennedy Presidential Library and 
     Museum and other necessary expenses, including renovating the 
     Library as needed in constructing the addition; $17,500,000 
     is for necessary expenses related to the repair and 
     renovation of the Franklin D. Roosevelt Presidential Library 
     and Museum in Hyde Park, New York; and $2,000,000 is for the 
     repair and restoration of the plaza that surrounds the Lyndon 
     Baines Johnson Presidential Library and Museum that is under 
     the joint control and custody of the University of Texas: 
     Provided further, That such funds shall remain available 
     until expended for this purpose and may be transferred 
     directly to the University and used, together with University 
     funds, for the repair and restoration of the plaza: Provided 
     further, That such funds shall be spent in accordance with 
     the construction plan submitted to the Committees on 
     Appropriations on March 14, 2005: Provided further, That the 
     Archivist shall be prohibited from entering into any 
     agreement with the University or any other party that 
     requires additional funding commitments on behalf of the 
     Federal Government for this project: Provided further, That 
     hereafter, no further Federal funding shall be provided for 
     this plaza project.


        national historical publications and records commission

                             grants program

                     (including transfer of funds)

       For necessary expenses for allocations and grants for 
     historical publications and records as authorized by 44 
     U.S.C. 2504, $11,250,000, to remain available until expended: 
     Provided, That of the funds provided in this paragraph, 
     $2,000,000 shall be transferred to the operating expenses 
     account of the National Archives and Records Administration 
     for operating expenses of the National Historical 
     Publications and Records Commission.


 Administrative Provision--National Archives and Records Administration

       Hereafter, the National Archives and Records Administration 
     shall include in its annual budget submission a comprehensive 
     capital needs assessment for funding provided under the 
     ``Repairs and Restoration'' appropriations account to be 
     updated yearly: Provided, That funds proposed under the 
     ``Repairs and Restoration'' appropriations account for each 
     fiscal year shall be allocated to projects on a priority 
     basis established under a comprehensive capital needs 
     assessment.

                  National Credit Union Administration


                       Central Liquidity Facility

       During fiscal year 2009, gross obligations of the Central 
     Liquidity Facility for the principal amount of new direct 
     loans to member credit unions, as authorized by 12 U.S.C. 
     1795 et seq., shall be the amount authorized by section 
     307(a)(4)(A) of the Federal Credit Union Act (12 U.S.C. 
     1795f(a)(4)(A)): Provided, That administrative expenses of 
     the Central Liquidity Facility in fiscal year 2009 shall not 
     exceed $1,250,000.


               community development revolving loan fund

       For the Community Development Revolving Loan Fund program 
     as authorized by 42 U.S.C. 9812, 9822 and 9910, $1,000,000 
     shall be available until September 30, 2010 for technical 
     assistance to low-income designated credit unions.

                      Office of Government Ethics


                         salaries and expenses

       For necessary expenses to carry out functions of the Office 
     of Government Ethics pursuant to the Ethics in Government Act 
     of 1978, and the Ethics Reform Act of 1989, including 
     services as authorized by 5 U.S.C. 3109, rental of conference 
     rooms in the District of Columbia and elsewhere, hire of 
     passenger motor vehicles, and not to exceed $1,500 for 
     official reception and representation expenses, $13,000,000.

                     Office of Personnel Management


                         Salaries and Expenses

                  (including transfer of trust funds)

       For necessary expenses to carry out functions of the Office 
     of Personnel Management pursuant to Reorganization Plan 
     Numbered 2 of 1978 and the Civil Service Reform Act of 1978, 
     including services as authorized by 5 U.S.C. 3109; medical 
     examinations performed for veterans by private physicians on 
     a fee basis; rental of conference rooms in the District of 
     Columbia and elsewhere; hire of passenger motor vehicles; not 
     to exceed $2,500 for official reception and representation 
     expenses; advances for reimbursements to applicable funds of 
     the Office of Personnel Management and the Federal Bureau of 
     Investigation for expenses incurred under Executive Order No. 
     10422 of January 9, 1953, as amended; and payment of per diem 
     and/or subsistence allowances to employees where Voting 
     Rights Act activities require an employee to remain overnight 
     at his or her post of duty, $92,829,000, of which $5,851,000 
     shall remain available until expended for the Enterprise 
     Human Resources Integration project; $1,351,000 shall remain 
     available until expended for the Human Resources Line of 
     Business project; and in addition $118,082,000 for 
     administrative expenses, to be transferred from the 
     appropriate trust funds of the Office of Personnel Management 
     without regard to other statutes, including direct 
     procurement of printed materials, for the retirement and 
     insurance programs, of which $15,200,000 shall remain 
     available until expended for the cost of automating the 
     retirement recordkeeping systems: Provided, That the 
     provisions of this appropriation shall not affect the 
     authority to use applicable trust funds as provided by 
     sections 8348(a)(1)(B), and 9004(f)(2)(A) of title 5, United 
     States Code: Provided further, That no part of this 
     appropriation shall be available for salaries and expenses of 
     the Legal Examining Unit of the Office of Personnel 
     Management established pursuant to Executive Order No. 9358 
     of July 1, 1943, or any successor unit of like purpose: 
     Provided further, That the President's Commission on White 
     House Fellows, established by Executive Order No. 11183 of 
     October 3, 1964, may, during fiscal year 2009, accept 
     donations of money, property, and personal services: Provided 
     further, That such donations, including those from prior 
     years, may be used for the development of publicity materials 
     to provide information about the White House Fellows, except 
     that no such donations shall be accepted for travel or 
     reimbursement of travel expenses, or for the salaries of 
     employees of such Commission: Provided further, That within 
     the funds provided, the Office of Personnel Management shall 
     carry out the Intergovernmental Personnel Act Mobility 
     Program, with special attention to Federal agencies employing 
     more than 2,000 nurses: Provided further, That funding may be 
     allocated to develop guidelines that provide Federal agencies 
     direction in using their authority under the 
     Intergovernmental Personnel Act Mobility Program, according 
     to the directives outlined in the accompanying report.


                      Office of Inspector General

                         salaries and expenses

                  (including transfer of trust funds)

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, including services as authorized by 5 U.S.C. 3109, 
     hire of passenger motor vehicles, $1,828,000, and in 
     addition, not to exceed $18,755,000 for administrative 
     expenses to audit, investigate, and provide other oversight 
     of the Office of Personnel Management's retirement and 
     insurance programs, to be transferred from the appropriate 
     trust funds of the Office of Personnel Management, as 
     determined by the Inspector General: Provided, That the 
     Inspector General is authorized to rent conference rooms in 
     the District of Columbia and elsewhere.


      Government Payment for Annuitants, Employees Health Benefits

       For payment of Government contributions with respect to 
     retired employees, as authorized by chapter 89 of title 5, 
     United States Code, and the Retired Federal Employees Health 
     Benefits Act (74 Stat. 849), such sums as may be necessary.

[[Page 5645]]




       Government Payment for Annuitants, Employee Life Insurance

       For payment of Government contributions with respect to 
     employees retiring after December 31, 1989, as required by 
     chapter 87 of title 5, United States Code, such sums as may 
     be necessary.


        Payment to Civil Service Retirement and Disability Fund

       For financing the unfunded liability of new and increased 
     annuity benefits becoming effective on or after October 20, 
     1969, as authorized by 5 U.S.C. 8348, and annuities under 
     special Acts to be credited to the Civil Service Retirement 
     and Disability Fund, such sums as may be necessary: Provided, 
     That annuities authorized by the Act of May 29, 1944, and the 
     Act of August 19, 1950 (33 U.S.C. 771-775), may hereafter be 
     paid out of the Civil Service Retirement and Disability Fund.

                       Office of Special Counsel


                         salaries and expenses

       For necessary expenses to carry out functions of the Office 
     of Special Counsel pursuant to Reorganization Plan Numbered 2 
     of 1978, the Civil Service Reform Act of 1978 (Public Law 95-
     454), the Whistleblower Protection Act of 1989 (Public Law 
     101-12), Public Law 107-304, and the Uniformed Services 
     Employment and Reemployment Rights Act of 1994 (Public Law 
     103-353), including services as authorized by 5 U.S.C. 3109, 
     payment of fees and expenses for witnesses, rental of 
     conference rooms in the District of Columbia and elsewhere, 
     and hire of passenger motor vehicles; $17,468,000.

                      Postal Regulatory Commission


                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses of the Postal Regulatory Commission 
     in carrying out the provisions of the Postal Accountability 
     and Enhancement Act (Public Law 109-435), $14,043,000, to be 
     derived by transfer from the Postal Service Fund and expended 
     as authorized by section 603(a) of such Act.

              Privacy and Civil Liberties Oversight Board


                         salaries and expenses

       For necessary expenses of the Privacy and Civil Liberties 
     Oversight Board, as authorized by section 1061 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 (5 
     U.S.C. 601 note), $1,500,000, to remain available until 
     September 30, 2010.

                   Securities and Exchange Commission


                         Salaries and Expenses

       For necessary expenses for the Securities and Exchange 
     Commission, including services as authorized by 5 U.S.C. 
     3109, the rental of space (to include multiple year leases) 
     in the District of Columbia and elsewhere, and not to exceed 
     $3,500 for official reception and representation expenses, 
     $943,000,000, to remain available until expended; of which 
     not to exceed $20,000 may be used toward funding a permanent 
     secretariat for the International Organization of Securities 
     Commissions; and of which not to exceed $130,000 shall be 
     available for expenses for consultations and meetings hosted 
     by the Commission with foreign governmental and other 
     regulatory officials, members of their delegations, 
     appropriate representatives and staff to exchange views 
     concerning developments relating to securities matters, 
     development and implementation of cooperation agreements 
     concerning securities matters and provision of technical 
     assistance for the development of foreign securities markets, 
     such expenses to include necessary logistic and 
     administrative expenses and the expenses of Commission staff 
     and foreign invitees in attendance at such consultations and 
     meetings including: (1) such incidental expenses as meals 
     taken in the course of such attendance; (2) any travel and 
     transportation to or from such meetings; and (3) any other 
     related lodging or subsistence: Provided, That fees and 
     charges authorized by sections 6(b) of the Securities 
     Exchange Act of 1933 (15 U.S.C. 77f(b)), and 13(e), 14(g) and 
     31 of the Securities Exchange Act of 1934 (15 U.S.C. 78m(e), 
     78n(g), and 78ee), shall be credited to this account as 
     offsetting collections: Provided further, That not to exceed 
     $894,356,000 of such offsetting collections shall be 
     available until expended for necessary expenses of this 
     account: Provided further, That $48,644,000 shall be derived 
     from prior year unobligated balances from funds previously 
     appropriated to the Securities and Exchange Commission: 
     Provided further, That the total amount appropriated under 
     this heading from the general fund for fiscal year 2009 shall 
     be reduced as such offsetting fees are received so as to 
     result in a final total fiscal year 2009 appropriation from 
     the general fund estimated at not more than $0.

                        Selective Service System


                         salaries and expenses

       For necessary expenses of the Selective Service System, 
     including expenses of attendance at meetings and of training 
     for uniformed personnel assigned to the Selective Service 
     System, as authorized by 5 U.S.C. 4101-4118 for civilian 
     employees; purchase of uniforms, or allowances therefor, as 
     authorized by 5 U.S.C. 5901-5902; hire of passenger motor 
     vehicles; services as authorized by 5 U.S.C. 3109; and not to 
     exceed $750 for official reception and representation 
     expenses; $22,000,000: Provided, That during the current 
     fiscal year, the President may exempt this appropriation from 
     the provisions of 31 U.S.C. 1341, whenever the President 
     deems such action to be necessary in the interest of national 
     defense: Provided further, That none of the funds 
     appropriated by this Act may be expended for or in connection 
     with the induction of any person into the Armed Forces of the 
     United States.

                     Small Business Administration


                         salaries and expenses

       For necessary expenses, not otherwise provided for, of the 
     Small Business Administration as authorized by Public Law 
     108-447, including hire of passenger motor vehicles as 
     authorized by 31 U.S.C. 1343 and 1344, and not to exceed 
     $3,500 for official reception and representation expenses, 
     $386,896,000: Provided, That the Administrator is authorized 
     to charge fees to cover the cost of publications developed by 
     the Small Business Administration, and certain loan program 
     activities, including fees authorized by section 5(b) of the 
     Small Business Act: Provided further, That, notwithstanding 
     31 U.S.C. 3302, revenues received from all such activities 
     shall be credited to this account, to remain available until 
     expended, for carrying out these purposes without further 
     appropriations: Provided further, That $110,000,000 shall be 
     available to fund grants for performance in fiscal year 2009 
     or fiscal year 2010 as authorized, of which $1,000,000 shall 
     be for the Veterans Assistance and Services Program 
     authorized by section 21(n) of the Small Business Act, as 
     added by section 107 of Public Law 110-186, and of which 
     $1,000,000 shall be for the Small Business Energy Efficiency 
     Program authorized by section 1203(c) of Public Law 110-140: 
     Provided further, That $7,654,400 shall be available for the 
     Loan Modernization and Accounting System, to be available 
     until September 30, 2010.


                      Office of Inspector General

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, $16,750,000.


                 surety bond guarantees revolving fund

       For additional capital for the Surety Bond Guarantees 
     Revolving Fund, authorized by the Small Business Investment 
     Act of 1958, $2,000,000, to remain available until expended.


                     Business Loans Program Account

                     (including transfers of funds)

       For the cost of direct loans, $2,500,000, to remain 
     available until expended: Provided, That such costs, 
     including the cost of modifying such loans, shall be as 
     defined in section 502 of the Congressional Budget Act of 
     1974: Provided further, That subject to section 502 of the 
     Congressional Budget Act of 1974, during fiscal year 2009 
     commitments to guarantee loans under section 503 of the Small 
     Business Investment Act of 1958 shall not exceed 
     $7,500,000,000: Provided further, That during fiscal year 
     2009 commitments for general business loans authorized under 
     section 7(a) of the Small Business Act shall not exceed 
     $17,500,000,000:   Provided further, That during fiscal year 
     2009 commitments to guarantee loans for debentures under 
     section 303(b) of the Small Business Investment Act of 1958, 
     shall not exceed $3,000,000,000: Provided further, That 
     during fiscal year 2009, guarantees of trust certificates 
     authorized by section 5(g) of the Small Business Act shall 
     not exceed a principal amount of $12,000,000,000. In 
     addition, for administrative expenses to carry out the direct 
     and guaranteed loan programs, $138,480,000, which may be 
     transferred to and merged with the appropriations for 
     Salaries and Expenses.


        administrative provisions--small business administration

                     (including transfer of funds)

       Sec. 520.  Not to exceed 5 percent of any appropriation 
     made available for the current fiscal year for the Small 
     Business Administration in this Act may be transferred 
     between such appropriations, but no such appropriation shall 
     be increased by more than 10 percent by any such transfers: 
     Provided, That any transfer pursuant to this paragraph shall 
     be treated as a reprogramming of funds under section 608 of 
     this Act and shall not be available for obligation or 
     expenditure except in compliance with the procedures set 
     forth in that section.
       Sec. 521. All disaster loans issued in Alaska or North 
     Dakota shall be administered by the Small Business 
     Administration and shall not be sold during fiscal year 2009.
       Sec. 522. None of the funds made available under this Act 
     may be used by the Small Business Administration to implement 
     the rule relating to women-owned small business Federal 
     contract assistance procedures published in the Federal 
     Register on October 1, 2008 (73 Fed. Reg. 56940 et seq.).
       Sec. 523. Of the amount made available under the heading 
     ``State and Tribal Assistance Grants'' under title II of 
     division F of the Consolidated Appropriations Act, 2008 
     (Public Law 110-161; 121 Stat. 2125) for the Mingo County 
     Redevelopment Authority, $2,953,000 is transferred to the 
     ``Salaries and Expenses'' account of the Small Business 
     Administration. The amount transferred under this section 
     shall be for the Mingo County Redevelopment Authority and 
     shall be available for use under the terms and conditions

[[Page 5646]]

     otherwise applicable to amounts appropriated for the 
     ``Salaries and Expenses'' account of the Small Business 
     Administration and shall remain available until expended.
       Sec. 524. Funds made available under section 534 of Public 
     Law 110-161 (121 Stat. 2125) for the Alabama Small Business 
     Institute of Commerce, Small Business Incubator, Rainbow 
     City, Alabama shall be made available to Alabama Small 
     Business Institute of Commerce, Rainbow City, Alabama.
       Sec. 525.  For an additional amount under the heading 
     ``Small Business Administration, Salaries and Expenses'', 
     $65,653,678, to remain available until September 30, 2010, 
     shall be for initiatives related to small business 
     development and entrepreneurship, including programmatic and 
     construction activities, and in the amounts specified in the 
     table that appears under the heading ``Administrative 
     Provisions-Small Business Administration'' in the explanatory 
     statement described in section 4 (in the matter preceding 
     division A of this consolidated Act).

                      United States Postal Service


                   payment to the postal service fund

       For payment to the Postal Service Fund for revenue forgone 
     on free and reduced rate mail, pursuant to subsections (c) 
     and (d) of section 2401 of title 39, United States Code, 
     $111,831,000, of which $82,831,000 shall not be available for 
     obligation until October 1, 2009: Provided, That mail for 
     overseas voting and mail for the blind shall continue to be 
     free: Provided further, That 6-day delivery and rural 
     delivery of mail shall continue at not less than the 1983 
     level: Provided further, That none of the funds made 
     available to the Postal Service by this Act shall be used to 
     implement any rule, regulation, or policy of charging any 
     officer or employee of any State or local child support 
     enforcement agency, or any individual participating in a 
     State or local program of child support enforcement, a fee 
     for information requested or provided concerning an address 
     of a postal customer: Provided further, That none of the 
     funds provided in this Act shall be used to consolidate or 
     close small rural and other small post offices in fiscal year 
     2009.


                      OFFICE OF INSPECTOR GENERAL

                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, $239,356,000, to be derived by transfer from the 
     Postal Service Fund and expended as authorized by section 
     603(b)(3) of the Postal Accountability and Enhancement Act 
     (Public Law 109-435).

                        United States Tax Court


                         salaries and expenses

       For necessary expenses, including contract reporting and 
     other services as authorized by 5 U.S.C. 3109, $48,463,000: 
     Provided, That travel expenses of the judges shall be paid 
     upon the written certificate of the judge.

                                TITLE VI

                      GENERAL PROVISIONS--THIS ACT

       Sec. 601.  None of the funds in this Act shall be used for 
     the planning or execution of any program to pay the expenses 
     of, or otherwise compensate, non-Federal parties intervening 
     in regulatory or adjudicatory proceedings funded in this Act.
       Sec. 602.  None of the funds appropriated in this Act shall 
     remain available for obligation beyond the current fiscal 
     year, nor may any be transferred to other appropriations, 
     unless expressly so provided herein.
       Sec. 603.  The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract 
     pursuant to section 3109 of title 5, United States Code, 
     shall be limited to those contracts where such expenditures 
     are a matter of public record and available for public 
     inspection, except where otherwise provided under existing 
     law, or under existing Executive order issued pursuant to 
     existing law.
       Sec. 604.  None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriations Act.
       Sec. 605.  None of the funds made available by this Act 
     shall be available for any activity or for paying the salary 
     of any Government employee where funding an activity or 
     paying a salary to a Government employee would result in a 
     decision, determination, rule, regulation, or policy that 
     would prohibit the enforcement of section 307 of the Tariff 
     Act of 1930 (19 U.S.C. 1307).
       Sec. 606.  No funds appropriated pursuant to this Act may 
     be expended by an entity unless the entity agrees that in 
     expending the assistance the entity will comply with the Buy 
     American Act (41 U.S.C. 10a-10c).
       Sec. 607.  No funds appropriated or otherwise made 
     available under this Act shall be made available to any 
     person or entity that has been convicted of violating the Buy 
     American Act (41 U.S.C. 10a-10c).
       Sec. 608.  Except as otherwise provided in this Act, none 
     of the funds provided in this Act, provided by previous 
     appropriations Acts to the agencies or entities funded in 
     this Act that remain available for obligation or expenditure 
     in fiscal year 2009, or provided from any accounts in the 
     Treasury derived by the collection of fees and available to 
     the agencies funded by this Act, shall be available for 
     obligation or expenditure through a reprogramming of funds 
     that: (1) creates a new program; (2) eliminates a program, 
     project, or activity; (3) increases funds or personnel for 
     any program, project, or activity for which funds have been 
     denied or restricted by the Congress; (4) proposes to use 
     funds directed for a specific activity by either the House or 
     Senate Committees on Appropriations for a different purpose; 
     (5) augments existing programs, projects, or activities in 
     excess of $5,000,000 or 10 percent, whichever is less; (6) 
     reduces existing programs, projects, or activities by 
     $5,000,000 or 10 percent, whichever is less; or (7) creates 
     or reorganizes offices, programs, or activities unless prior 
     approval is received from the Committees on Appropriations of 
     the House of Representatives and the Senate: Provided, That 
     prior to any significant reorganization or restructuring of 
     offices, programs, or activities, each agency or entity 
     funded in this Act shall consult with the Committees on 
     Appropriations of the House of Representatives and the 
     Senate: Provided further, That not later than 60 days after 
     the date of enactment of this Act, each agency funded by this 
     Act shall submit a report to the Committees on Appropriations 
     of the House of Representatives and the Senate to establish 
     the baseline for application of reprogramming and transfer 
     authorities for the current fiscal year: Provided further, 
     That the report shall include: (1) a table for each 
     appropriation with a separate column to display the 
     President's budget request, adjustments made by Congress, 
     adjustments due to enacted rescissions, if appropriate, and 
     the fiscal year enacted level; (2) a delineation in the table 
     for each appropriation both by object class and program, 
     project, and activity as detailed in the budget appendix for 
     the respective appropriation; and (3) an identification of 
     items of special congressional interest: Provided further, 
     That the amount appropriated or limited for salaries and 
     expenses for an agency shall be reduced by $100,000 per day 
     for each day after the required date that the report has not 
     been submitted to the Congress.
       Sec. 609.  Except as otherwise specifically provided by 
     law, not to exceed 50 percent of unobligated balances 
     remaining available at the end of fiscal year 2009 from 
     appropriations made available for salaries and expenses for 
     fiscal year 2009 in this Act, shall remain available through 
     September 30, 2010, for each such account for the purposes 
     authorized: Provided, That a request shall be submitted to 
     the Committees on Appropriations of the House of 
     Representatives and the Senate for approval prior to the 
     expenditure of such funds: Provided further, That these 
     requests shall be made in compliance with reprogramming 
     guidelines.
       Sec. 610.  None of the funds made available in this Act may 
     be used by the Executive Office of the President to request 
     from the Federal Bureau of Investigation any official 
     background investigation report on any individual, except 
     when--
       (1) such individual has given his or her express written 
     consent for such request not more than 6 months prior to the 
     date of such request and during the same presidential 
     administration; or
       (2) such request is required due to extraordinary 
     circumstances involving national security.
       Sec. 611.  The cost accounting standards promulgated under 
     section 26 of the Office of Federal Procurement Policy Act 
     (Public Law 93-400; 41 U.S.C. 422) shall not apply with 
     respect to a contract under the Federal Employees Health 
     Benefits Program established under chapter 89 of title 5, 
     United States Code.
       Sec. 612.  For the purpose of resolving litigation and 
     implementing any settlement agreements regarding the 
     nonforeign area cost-of-living allowance program, the Office 
     of Personnel Management may accept and utilize (without 
     regard to any restriction on unanticipated travel expenses 
     imposed in an Appropriations Act) funds made available to the 
     Office of Personnel Management pursuant to court approval.
       Sec. 613.  No funds appropriated by this Act shall be 
     available to pay for an abortion, or the administrative 
     expenses in connection with any health plan under the Federal 
     employees health benefits program which provides any benefits 
     or coverage for abortions.
       Sec. 614.  The provision of section 613 shall not apply 
     where the life of the mother would be endangered if the fetus 
     were carried to term, or the pregnancy is the result of an 
     act of rape or incest.
       Sec. 615.  In order to promote Government access to 
     commercial information technology, the restriction on 
     purchasing nondomestic articles, materials, and supplies set 
     forth in the Buy American Act (41 U.S.C. 10a et seq.), shall 
     not apply to the acquisition by the Federal Government of 
     information technology (as defined in section 11101 of title 
     40, United States Code), that is a commercial item (as 
     defined in section 4(12) of the Office of Federal Procurement 
     Policy Act (41 U.S.C. 403(12)).
       Sec. 616. Section 5112 of title 31, United States Code (as 
     amended by Public Law 110-161), is amended--

[[Page 5647]]

       (1) by redesignating the second subsection (r) as 
     subsection (s), and
       (2) by striking ``paragraph (4)'' each place it appears in 
     subsection (s)(5) (as redesignated by paragraph (1)) and 
     inserting ``paragraph (3)''.
       Sec. 617.  Notwithstanding section 1353 of title 31, United 
     States Code, no officer or employee of any regulatory agency 
     or commission funded by this Act may accept on behalf of that 
     agency, nor may such agency or commission accept, payment or 
     reimbursement from a non-Federal entity for travel, 
     subsistence, or related expenses for the purpose of enabling 
     an officer or employee to attend and participate in any 
     meeting or similar function relating to the official duties 
     of the officer or employee when the entity offering payment 
     or reimbursement is a person or entity subject to regulation 
     by such agency or commission, or represents a person or 
     entity subject to regulation by such agency or commission, 
     unless the person or entity is an organization described in 
     section 501(c)(3) of the Internal Revenue Code of 1986 and 
     exempt from tax under section 501(a) of such Code.
       Sec. 618. Life Insurance For Tax Court Judges Age 65 or 
     Over. (a) In General.--Section 7472 of title 26, United 
     States Code, is amended by inserting after the word 
     ``imposed'' where it appears in the second sentence the 
     following phrase ``after April 24, 1999, that is incurred''.
       (b) Effective Date.--This amendment shall take effect as if 
     included in the amendment made by section 852 of the Pension 
     Protection Act of 2006.
       Sec. 619.  The Public Company Accounting Oversight Board 
     shall have authority to obligate funds for the scholarship 
     program established by section 109(c)(2) of the Sarbanes-
     Oxley Act of 2002 (Public Law 107-204) in an aggregate amount 
     not exceeding the amount of funds collected by the Board as 
     of December 31, 2008, including accrued interest, as a result 
     of the assessment of monetary penalties. Funds available for 
     obligation in fiscal year 2009 shall remain available until 
     expended.
       Sec. 620. Section 910(a) of the Trade Sanctions Reform and 
     Export Enhancement Act of 2000 (22 U.S.C. 7209(a)) is amended 
     to read as follows:
       ``(a) Authorization of Travel Relating to Commercial Sales 
     of Agricultural and Medical Goods.--The Secretary of the 
     Treasury shall promulgate regulations under which the travel-
     related transactions listed in paragraph (c) of section 
     515.560 of title 31, Code of Federal Regulations, are 
     authorized by general license for travel to, from, or within 
     Cuba for the marketing and sale of agricultural and medical 
     goods pursuant to the provisions of this title.''.
       Sec. 621. None of the funds made available in this Act may 
     be used to administer, implement, or enforce the amendments 
     made to section 515.560 and section 515.561 of title 31, Code 
     of Federal Regulations, related to travel to visit relatives 
     in Cuba, that were published in the Federal Register on June 
     16, 2004.
       Sec. 622. None of the funds made available in this Act may 
     be used to administer, implement, or enforce the amendment 
     made to section 515.533 of title 31, Code of Federal 
     Regulations, that was published in the Federal Register on 
     February 25, 2005.
       Sec. 623. Christopher Columbus Fellowship Authorization. 
     The Christopher Columbus Fellowship Act (20 U.S.C. 5701 et 
     seq.) is amended--
       (1) in section 426(a) (20 U.S.C. 5705(a))--
       (A) in paragraph (3), by striking ``and'' at the end;
       (B) by redesignating paragraph (4) as paragraph (5); and
       (C) by inserting after paragraph (3) the following:
       ``(4) amounts appropriated to the Foundation, as authorized 
     under section 430; and''; and
       (2) by adding at the end the following new section:

     ``SEC. 430. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to the 
     Foundation, such sums as may be necessary to carry out this 
     subtitle.''.
       Sec. 624.  Notwithstanding any other provision of law, for 
     fiscal year 2009 and each fiscal year thereafter, neither the 
     Board of Governors of the Federal Reserve System nor the 
     Secretary of the Treasury may determine, by rule, regulation, 
     order, or otherwise, for purposes of section 4(k) of the Bank 
     Holding Company Act of 1956, or section 5136A of the Revised 
     Statutes of the United States, that real estate brokerage 
     activity or real estate management activity is an activity 
     that is financial in nature, is incidental to any financial 
     activity, or is complementary to a financial activity. For 
     purposes of this section, ``real estate brokerage activity'' 
     shall mean ``real estate brokerage'', and ``real estate 
     management activity'' shall mean ``property management'', as 
     those terms were understood by the Board of Governors of the 
     Federal Reserve System prior to March 11, 2000.
       Sec. 625. (a) Section 102(a)(3)(B) of the Help America Vote 
     Act of 2002 (42 U.S.C. 15302(a)(3)(B)) is amended by striking 
     ``March 1, 2008'' and inserting ``November 1, 2010''.
       (b) The amendment made by subsection (a) shall take effect 
     as if included in the enactment of the Help America Vote Act 
     of 2002.
       Sec. 626. (a) Within 90 days after the date of enactment of 
     this Act, the Federal Trade Commission shall initiate a 
     rulemaking proceeding with respect to mortgage loans in 
     accordance with section 553 of title 5, United States Code. 
     Any violation of a rule prescribed under this subsection 
     shall be treated as a violation of a rule under section 18 of 
     the Federal Trade Commission Act (15 U.S.C. 57a) regarding 
     unfair or deceptive acts or practices.
       (b)(1) Except as provided in paragraph (6), a State, as 
     parens patriae, may bring a civil action on behalf of its 
     residents in an appropriate State or district court of the 
     United States to enforce the provisions of section 128 of the 
     Truth in Lending Act (15 U.S.C. 1638), any other provision of 
     the Truth in Lending Act, or any mortgage loan rule 
     promulgated by the Federal Trade Commission to obtain 
     penalties and relief provided under such Act or rule whenever 
     the attorney general of the State has reason to believe that 
     the interests of the residents of the State have been or are 
     being threatened or adversely affected by a violation of such 
     Act or rule.
       (2) The State shall serve written notice to the Commission 
     of any civil action under paragraph (1) at least 60 days 
     prior to initiating such civil action. The notice shall 
     include a copy of the complaint to be filed to initiate such 
     civil action, except that if it is not feasible for the State 
     to provide such prior notice, the State shall provide notice 
     immediately upon instituting such civil action.
       (3) Upon receiving the notice required by paragraph (2), 
     the Commission may intervene in such civil action and upon 
     intervening--
       (A) be heard on all matters arising in such civil action;
       (B) remove the action to the appropriate United States 
     district court; and
       (C) file petitions for appeal of a decision in such civil 
     action.
       (4) Nothing in this subsection shall prevent the attorney 
     general of a State from exercising the powers conferred on 
     the attorney general by the laws of such State to conduct 
     investigations or to administer oaths or affirmations or to 
     compel the attendance of witnesses or the production of 
     documentary and other evidence. Nothing in this section shall 
     prohibit the attorney general of a State, or other authorized 
     State officer, from proceeding in State or Federal court on 
     the basis of an alleged violation of any civil or criminal 
     statute of that State.
       (5) In a civil action brought under paragraph (1)--
       (A) the venue shall be a judicial district in which the 
     defendant is found, is an inhabitant, or transacts business 
     or wherever venue is proper under section 1391 of title 28, 
     United States Code; and
       (B) process may be served without regard to the territorial 
     limits of the district or of the State in which the civil 
     action is instituted.
       (6) Whenever a civil action or an administrative action has 
     been instituted by or on behalf of the Commission for 
     violation of any provision of law or rule described in 
     paragraph (1), no State may, during the pendency of such 
     action instituted by or on behalf of the Commission, 
     institute a civil action under that paragraph against any 
     defendant named in the complaint in such action for violation 
     of any law or rule as alleged in such complaint.
       (7) If the attorney general of a State prevails in any 
     civil action under paragraph (1), the State can recover 
     reasonable costs and attorney fees from the lender or related 
     party.
       (c) Section 129 of the Truth in Lending Act (15 U.S.C. 
     1639) is amended by adding at the end the following:
       ``(m) Civil Penalties in Federal Trade Commission 
     Enforcement Actions.--For purposes of enforcement by the 
     Federal Trade Commission, any violation of a regulation 
     issued by the Federal Reserve Board pursuant to subsection 
     (l)(2) of this section shall be treated as a violation of a 
     rule promulgated under section 18 of the Federal Trade 
     Commission Act (15 U.S.C. 57a) regarding unfair or deceptive 
     acts or practices.''.

                               TITLE VII

                  GENERAL PROVISIONS--GOVERNMENT-WIDE

                Departments, Agencies, and Corporations

       Sec. 701.  No department, agency, or instrumentality of the 
     United States receiving appropriated funds under this or any 
     other Act for fiscal year 2009 shall obligate or expend any 
     such funds, unless such department, agency, or 
     instrumentality has in place, and will continue to administer 
     in good faith, a written policy designed to ensure that all 
     of its workplaces are free from the illegal use, possession, 
     or distribution of controlled substances (as defined in the 
     Controlled Substances Act (21 U.S.C. 802)) by the officers 
     and employees of such department, agency, or instrumentality.
       Sec. 702.  Unless otherwise specifically provided, the 
     maximum amount allowable during the current fiscal year in 
     accordance with section 16 of the Act of August 2, 1946 (60 
     Stat. 810), for the purchase of any passenger motor vehicle 
     (exclusive of buses, ambulances, law enforcement, and 
     undercover

[[Page 5648]]

     surveillance vehicles), is hereby fixed at $13,197 except 
     station wagons for which the maximum shall be $13,631: 
     Provided, That these limits may be exceeded by not to exceed 
     $3,700 for police-type vehicles, and by not to exceed $4,000 
     for special heavy-duty vehicles: Provided further, That the 
     limits set forth in this section may not be exceeded by more 
     than 5 percent for electric or hybrid vehicles purchased for 
     demonstration under the provisions of the Electric and Hybrid 
     Vehicle Research, Development, and Demonstration Act of 1976: 
     Provided further, That the limits set forth in this section 
     may be exceeded by the incremental cost of clean alternative 
     fuels vehicles acquired pursuant to Public Law 101-549 over 
     the cost of comparable conventionally fueled vehicles.
       Sec. 703.  Appropriations of the executive departments and 
     independent establishments for the current fiscal year 
     available for expenses of travel, or for the expenses of the 
     activity concerned, are hereby made available for quarters 
     allowances and cost-of-living allowances, in accordance with 
     5 U.S.C. 5922-5924.
       Sec. 704.  Unless otherwise specified during the current 
     fiscal year, no part of any appropriation contained in this 
     or any other Act shall be used to pay the compensation of any 
     officer or employee of the Government of the United States 
     (including any agency the majority of the stock of which is 
     owned by the Government of the United States) whose post of 
     duty is in the continental United States unless such person: 
     (1) is a citizen of the United States; (2) is a person in the 
     service of the United States on the date of the enactment of 
     this Act who, being eligible for citizenship, has filed a 
     declaration of intention to become a citizen of the United 
     States prior to such date and is actually residing in the 
     United States; (3) is a person who owes allegiance to the 
     United States; (4) is an alien from Cuba, Poland, South 
     Vietnam, the countries of the former Soviet Union, or the 
     Baltic countries lawfully admitted to the United States for 
     permanent residence; (5) is a South Vietnamese, Cambodian, or 
     Laotian refugee paroled in the United States after January 1, 
     1975; or (6) is a national of the People's Republic of China 
     who qualifies for adjustment of status pursuant to the 
     Chinese Student Protection Act of 1992 (Public Law 102-404): 
     Provided, That for the purpose of this section, an affidavit 
     signed by any such person shall be considered prima facie 
     evidence that the requirements of this section with respect 
     to his or her status have been complied with: Provided 
     further, That any person making a false affidavit shall be 
     guilty of a felony, and, upon conviction, shall be fined no 
     more than $4,000 or imprisoned for not more than 1 year, or 
     both: Provided further, That the above penal clause shall be 
     in addition to, and not in substitution for, any other 
     provisions of existing law: Provided further, That any 
     payment made to any officer or employee contrary to the 
     provisions of this section shall be recoverable in action by 
     the Federal Government. This section shall not apply to 
     citizens of Ireland, Israel, or the Republic of the 
     Philippines, or to nationals of those countries allied with 
     the United States in a current defense effort, or to 
     international broadcasters employed by the Broadcasting Board 
     of Governors, or to temporary employment of translators, or 
     to temporary employment in the field service (not to exceed 
     60 days) as a result of emergencies: Provided further, That 
     this section does not apply to the employment as Wildland 
     firefighters for not more than 120 days of nonresident aliens 
     employed by the Department of the Interior or the USDA Forest 
     Service pursuant to an agreement with another country.
       Sec. 705.  Appropriations available to any department or 
     agency during the current fiscal year for necessary expenses, 
     including maintenance or operating expenses, shall also be 
     available for payment to the General Services Administration 
     for charges for space and services and those expenses of 
     renovation and alteration of buildings and facilities which 
     constitute public improvements performed in accordance with 
     the Public Buildings Act of 1959 (73 Stat. 479), the Public 
     Buildings Amendments of 1972 (86 Stat. 216), or other 
     applicable law.
       Sec. 706.  In addition to funds provided in this or any 
     other Act, all Federal agencies are authorized to receive and 
     use funds resulting from the sale of materials, including 
     Federal records disposed of pursuant to a records schedule 
     recovered through recycling or waste prevention programs. 
     Such funds shall be available until expended for the 
     following purposes:
       (1) Acquisition, waste reduction and prevention, and 
     recycling programs as described in Executive Order No. 13423 
     (January 24, 2007), including any such programs adopted prior 
     to the effective date of the Executive order.
       (2) Other Federal agency environmental management programs, 
     including, but not limited to, the development and 
     implementation of hazardous waste management and pollution 
     prevention programs.
       (3) Other employee programs as authorized by law or as 
     deemed appropriate by the head of the Federal agency.
       Sec. 707.  Funds made available by this or any other Act 
     for administrative expenses in the current fiscal year of the 
     corporations and agencies subject to chapter 91 of title 31, 
     United States Code, shall be available, in addition to 
     objects for which such funds are otherwise available, for 
     rent in the District of Columbia; services in accordance with 
     5 U.S.C. 3109; and the objects specified under this head, all 
     the provisions of which shall be applicable to the 
     expenditure of such funds unless otherwise specified in the 
     Act by which they are made available: Provided, That in the 
     event any functions budgeted as administrative expenses are 
     subsequently transferred to or paid from other funds, the 
     limitations on administrative expenses shall be 
     correspondingly reduced.
       Sec. 708.  No part of any appropriation contained in this 
     or any other Act shall be available for interagency financing 
     of boards (except Federal Executive Boards), commissions, 
     councils, committees, or similar groups (whether or not they 
     are interagency entities) which do not have a prior and 
     specific statutory approval to receive financial support from 
     more than one agency or instrumentality.
       Sec. 709.  None of the funds made available pursuant to the 
     provisions of this Act shall be used to implement, 
     administer, or enforce any regulation which has been 
     disapproved pursuant to a joint resolution duly adopted in 
     accordance with the applicable law of the United States.
       Sec. 710. (a) Notwithstanding any other provision of law, 
     and except as otherwise provided in this section, no part of 
     any of the funds appropriated for fiscal year 2009, by this 
     or any other Act, may be used to pay any prevailing rate 
     employee described in section 5342(a)(2)(A) of title 5, 
     United States Code--
       (1) during the period from the date of expiration of the 
     limitation imposed by the comparable section for previous 
     fiscal years until the normal effective date of the 
     applicable wage survey adjustment that is to take effect in 
     fiscal year 2009, in an amount that exceeds the rate payable 
     for the applicable grade and step of the applicable wage 
     schedule in accordance with such section; and
       (2) during the period consisting of the remainder of fiscal 
     year 2009, in an amount that exceeds, as a result of a wage 
     survey adjustment, the rate payable under paragraph (1) by 
     more than the sum of--
       (A) the percentage adjustment taking effect in fiscal year 
     2009 under section 5303 of title 5, United States Code, in 
     the rates of pay under the General Schedule; and
       (B) the difference between the overall average percentage 
     of the locality-based comparability payments taking effect in 
     fiscal year 2009 under section 5304 of such title (whether by 
     adjustment or otherwise), and the overall average percentage 
     of such payments which was effective in the previous fiscal 
     year under such section.
       (b) Notwithstanding any other provision of law, no 
     prevailing rate employee described in subparagraph (B) or (C) 
     of section 5342(a)(2) of title 5, United States Code, and no 
     employee covered by section 5348 of such title, may be paid 
     during the periods for which subsection (a) is in effect at a 
     rate that exceeds the rates that would be payable under 
     subsection (a) were subsection (a) applicable to such 
     employee.
       (c) For the purposes of this section, the rates payable to 
     an employee who is covered by this section and who is paid 
     from a schedule not in existence on September 30, 2008, shall 
     be determined under regulations prescribed by the Office of 
     Personnel Management.
       (d) Notwithstanding any other provision of law, rates of 
     premium pay for employees subject to this section may not be 
     changed from the rates in effect on September 30, 2008, 
     except to the extent determined by the Office of Personnel 
     Management to be consistent with the purpose of this section.
       (e) This section shall apply with respect to pay for 
     service performed after September 30, 2008.
       (f) For the purpose of administering any provision of law 
     (including any rule or regulation that provides premium pay, 
     retirement, life insurance, or any other employee benefit) 
     that requires any deduction or contribution, or that imposes 
     any requirement or limitation on the basis of a rate of 
     salary or basic pay, the rate of salary or basic pay payable 
     after the application of this section shall be treated as the 
     rate of salary or basic pay.
       (g) Nothing in this section shall be considered to permit 
     or require the payment to any employee covered by this 
     section at a rate in excess of the rate that would be payable 
     were this section not in effect.
       (h) The Office of Personnel Management may provide for 
     exceptions to the limitations imposed by this section if the 
     Office determines that such exceptions are necessary to 
     ensure the recruitment or retention of qualified employees.
       Sec. 711.  During the period in which the head of any 
     department or agency, or any other officer or civilian 
     employee of the Federal Government appointed by the President 
     of the United States, holds office, no funds may be obligated 
     or expended in excess of $5,000 to furnish or redecorate the 
     office of such department head, agency head, officer, or 
     employee, or to purchase furniture or make improvements for 
     any such office, unless advance notice of such furnishing or 
     redecoration is transmitted to the Committees

[[Page 5649]]

     on Appropriations of the House of Representatives and the 
     Senate. For the purposes of this section, the term ``office'' 
     shall include the entire suite of offices assigned to the 
     individual, as well as any other space used primarily by the 
     individual or the use of which is directly controlled by the 
     individual.
       Sec. 712.  Notwithstanding section 1346 of title 31, United 
     States Code, or section 708 of this Act, funds made available 
     for the current fiscal year by this or any other Act shall be 
     available for the interagency funding of national security 
     and emergency preparedness telecommunications initiatives 
     which benefit multiple Federal departments, agencies, or 
     entities, as provided by Executive Order No. 12472 (April 3, 
     1984).
       Sec. 713. (a) None of the funds appropriated by this or any 
     other Act may be obligated or expended by any Federal 
     department, agency, or other instrumentality for the salaries 
     or expenses of any employee appointed to a position of a 
     confidential or policy-determining character excepted from 
     the competitive service pursuant to section 3302 of title 5, 
     United States Code, without a certification to the Office of 
     Personnel Management from the head of the Federal department, 
     agency, or other instrumentality employing the Schedule C 
     appointee that the Schedule C position was not created solely 
     or primarily in order to detail the employee to the White 
     House.
       (b) The provisions of this section shall not apply to 
     Federal employees or members of the armed forces detailed to 
     or from--
       (1) the Central Intelligence Agency;
       (2) the National Security Agency;
       (3) the Defense Intelligence Agency;
       (4) the National Geospatial-Intelligence Agency;
       (5) the offices within the Department of Defense for the 
     collection of specialized national foreign intelligence 
     through reconnaissance programs;
       (6) the Bureau of Intelligence and Research of the 
     Department of State;
       (7) any agency, office, or unit of the Army, Navy, Air 
     Force, and Marine Corps, the Department of Homeland Security, 
     the Federal Bureau of Investigation and the Drug Enforcement 
     Administration of the Department of Justice, the Department 
     of Transportation, the Department of the Treasury, and the 
     Department of Energy performing intelligence functions; and
       (8) the Director of National Intelligence or the Office of 
     the Director of National Intelligence.
       Sec. 714.  No part of any appropriation contained in this 
     or any other Act shall be available for the payment of the 
     salary of any officer or employee of the Federal Government, 
     who--
       (1) prohibits or prevents, or attempts or threatens to 
     prohibit or prevent, any other officer or employee of the 
     Federal Government from having any direct oral or written 
     communication or contact with any Member, committee, or 
     subcommittee of the Congress in connection with any matter 
     pertaining to the employment of such other officer or 
     employee or pertaining to the department or agency of such 
     other officer or employee in any way, irrespective of whether 
     such communication or contact is at the initiative of such 
     other officer or employee or in response to the request or 
     inquiry of such Member, committee, or subcommittee; or
       (2) removes, suspends from duty without pay, demotes, 
     reduces in rank, seniority, status, pay, or performance or 
     efficiency rating, denies promotion to, relocates, reassigns, 
     transfers, disciplines, or discriminates in regard to any 
     employment right, entitlement, or benefit, or any term or 
     condition of employment of, any other officer or employee of 
     the Federal Government, or attempts or threatens to commit 
     any of the foregoing actions with respect to such other 
     officer or employee, by reason of any communication or 
     contact of such other officer or employee with any Member, 
     committee, or subcommittee of the Congress as described in 
     paragraph (1).
       Sec. 715. (a) None of the funds made available in this or 
     any other Act may be obligated or expended for any employee 
     training that--
       (1) does not meet identified needs for knowledge, skills, 
     and abilities bearing directly upon the performance of 
     official duties;
       (2) contains elements likely to induce high levels of 
     emotional response or psychological stress in some 
     participants;
       (3) does not require prior employee notification of the 
     content and methods to be used in the training and written 
     end of course evaluation;
       (4) contains any methods or content associated with 
     religious or quasi-religious belief systems or ``new age'' 
     belief systems as defined in Equal Employment Opportunity 
     Commission Notice N-915.022, dated September 2, 1988; or
       (5) is offensive to, or designed to change, participants' 
     personal values or lifestyle outside the workplace.
       (b) Nothing in this section shall prohibit, restrict, or 
     otherwise preclude an agency from conducting training bearing 
     directly upon the performance of official duties.
       Sec. 716.  No funds appropriated in this or any other Act 
     may be used to implement or enforce the agreements in 
     Standard Forms 312 and 4414 of the Government or any other 
     nondisclosure policy, form, or agreement if such policy, 
     form, or agreement does not contain the following provisions: 
     ``These restrictions are consistent with and do not 
     supersede, conflict with, or otherwise alter the employee 
     obligations, rights, or liabilities created by Executive 
     Order No. 12958; section 7211 of title 5, United States Code 
     (governing disclosures to Congress); section 1034 of title 
     10, United States Code, as amended by the Military 
     Whistleblower Protection Act (governing disclosure to 
     Congress by members of the military); section 2302(b)(8) of 
     title 5, United States Code, as amended by the Whistleblower 
     Protection Act of 1989 (governing disclosures of illegality, 
     waste, fraud, abuse or public health or safety threats); the 
     Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 
     et seq.) (governing disclosures that could expose 
     confidential Government agents); and the statutes which 
     protect against disclosure that may compromise the national 
     security, including sections 641, 793, 794, 798, and 952 of 
     title 18, United States Code, and section 4(b) of the 
     Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The 
     definitions, requirements, obligations, rights, sanctions, 
     and liabilities created by said Executive order and listed 
     statutes are incorporated into this agreement and are 
     controlling.'': Provided, That notwithstanding the preceding 
     paragraph, a nondisclosure policy form or agreement that is 
     to be executed by a person connected with the conduct of an 
     intelligence or intelligence-related activity, other than an 
     employee or officer of the United States Government, may 
     contain provisions appropriate to the particular activity for 
     which such document is to be used. Such form or agreement 
     shall, at a minimum, require that the person will not 
     disclose any classified information received in the course of 
     such activity unless specifically authorized to do so by the 
     United States Government. Such nondisclosure forms shall also 
     make it clear that they do not bar disclosures to Congress, 
     or to an authorized official of an executive agency or the 
     Department of Justice, that are essential to reporting a 
     substantial violation of law.
       Sec. 717.  No part of any funds appropriated in this or any 
     other Act shall be used by an agency of the executive branch, 
     other than for normal and recognized executive-legislative 
     relationships, for publicity or propaganda purposes, and for 
     the preparation, distribution or use of any kit, pamphlet, 
     booklet, publication, radio, television, or film presentation 
     designed to support or defeat legislation pending before the 
     Congress, except in presentation to the Congress itself.
       Sec. 718.  None of the funds appropriated by this or any 
     other Act may be used by an agency to provide a Federal 
     employee's home address to any labor organization except when 
     the employee has authorized such disclosure or when such 
     disclosure has been ordered by a court of competent 
     jurisdiction.
       Sec. 719.  None of the funds made available in this Act or 
     any other Act may be used to provide any non-public 
     information such as mailing or telephone lists to any person 
     or any organization outside of the Federal Government without 
     the approval of the Committees on Appropriations of the House 
     of Representatives and the Senate.
       Sec. 720.  No part of any appropriation contained in this 
     or any other Act shall be used directly or indirectly, 
     including by private contractor, for publicity or propaganda 
     purposes within the United States not heretofor authorized by 
     the Congress.
       Sec. 721. (a) In this section, the term ``agency''--
       (1) means an Executive agency, as defined under section 105 
     of title 5, United States Code;
       (2) includes a military department, as defined under 
     section 102 of such title, the Postal Service, and the Postal 
     Regulatory Commission; and
       (3) shall not include the Government Accountability Office.
       (b) Unless authorized in accordance with law or regulations 
     to use such time for other purposes, an employee of an agency 
     shall use official time in an honest effort to perform 
     official duties. An employee not under a leave system, 
     including a Presidential appointee exempted under section 
     6301(2) of title 5, United States Code, has an obligation to 
     expend an honest effort and a reasonable proportion of such 
     employee's time in the performance of official duties.
       Sec. 722.  Notwithstanding 31 U.S.C. 1346 and section 708 
     of this Act, funds made available for the current fiscal year 
     by this or any other Act to any department or agency, which 
     is a member of the Federal Accounting Standards Advisory 
     Board (FASAB), shall be available to finance an appropriate 
     share of FASAB administrative costs.


                          (transfer of funds)

       Sec. 723. Notwithstanding 31 U.S.C. 1346 and section 708 of 
     this Act, the head of each Executive department and agency is 
     hereby authorized to transfer to or reimburse ``General 
     Services Administration, Government-wide Policy'' with the 
     approval of the Director of the Office of Management and 
     Budget, funds made available for the current fiscal year by 
     this or any other Act, including rebates from charge card and 
     other contracts: Provided, That these funds shall be 
     administered by the Administrator of General Services to 
     support Government-wide financial,

[[Page 5650]]

     information technology, procurement, and other management 
     innovations, initiatives, and activities, as approved by the 
     Director of the Office of Management and Budget, in 
     consultation with the appropriate interagency groups 
     designated by the Director (including the President's 
     Management Council for overall management improvement 
     initiatives, the Chief Financial Officers Council for 
     financial management initiatives, the Chief Information 
     Officers Council for information technology initiatives, the 
     Chief Human Capital Officers Council for human capital 
     initiatives, and the Chief Acquisition Officers Council for 
     procurement initiatives): Provided further, That the total 
     funds transferred or reimbursed shall not exceed $17,000,000: 
     Provided further, That such transfers or reimbursements may 
     only be made after 15 days following notification of the 
     Committees on Appropriations by the Director of the Office of 
     Management and Budget.
       Sec. 724.  Notwithstanding any other provision of law, a 
     woman may breastfeed her child at any location in a Federal 
     building or on Federal property, if the woman and her child 
     are otherwise authorized to be present at the location.
       Sec. 725.  Notwithstanding section 1346 of title 31, United 
     States Code, or section 708 of this Act, funds made available 
     for the current fiscal year by this or any other Act shall be 
     available for the interagency funding of specific projects, 
     workshops, studies, and similar efforts to carry out the 
     purposes of the National Science and Technology Council 
     (authorized by Executive Order No. 12881), which benefit 
     multiple Federal departments, agencies, or entities: 
     Provided, That the Office of Management and Budget shall 
     provide a report describing the budget of and resources 
     connected with the National Science and Technology Council to 
     the Committees on Appropriations, the House Committee on 
     Science and Technology, and the Senate Committee on Commerce, 
     Science, and Transportation 90 days after enactment of this 
     Act.
       Sec. 726.  Any request for proposals, solicitation, grant 
     application, form, notification, press release, or other 
     publications involving the distribution of Federal funds 
     shall indicate the agency providing the funds, the Catalog of 
     Federal Domestic Assistance Number, as applicable, and the 
     amount provided: Provided, That this provision shall apply to 
     direct payments, formula funds, and grants received by a 
     State receiving Federal funds.
       Sec. 727. (a) Prohibition of Federal Agency Monitoring of 
     Individuals' Internet Use.--None of the funds made available 
     in this or any other Act may be used by any Federal agency--
       (1) to collect, review, or create any aggregation of data, 
     derived from any means, that includes any personally 
     identifiable information relating to an individual's access 
     to or use of any Federal Government Internet site of the 
     agency; or
       (2) to enter into any agreement with a third party 
     (including another government agency) to collect, review, or 
     obtain any aggregation of data, derived from any means, that 
     includes any personally identifiable information relating to 
     an individual's access to or use of any nongovernmental 
     Internet site.
       (b) Exceptions.--The limitations established in subsection 
     (a) shall not apply to--
       (1) any record of aggregate data that does not identify 
     particular persons;
       (2) any voluntary submission of personally identifiable 
     information;
       (3) any action taken for law enforcement, regulatory, or 
     supervisory purposes, in accordance with applicable law; or
       (4) any action described in subsection (a)(1) that is a 
     system security action taken by the operator of an Internet 
     site and is necessarily incident to providing the Internet 
     site services or to protecting the rights or property of the 
     provider of the Internet site.
       (c) Definitions.--For the purposes of this section:
       (1) The term ``regulatory'' means agency actions to 
     implement, interpret or enforce authorities provided in law.
       (2) The term ``supervisory'' means examinations of the 
     agency's supervised institutions, including assessing safety 
     and soundness, overall financial condition, management 
     practices and policies and compliance with applicable 
     standards as provided in law.
       Sec. 728. (a) None of the funds appropriated by this Act 
     may be used to enter into or renew a contract which includes 
     a provision providing prescription drug coverage, except 
     where the contract also includes a provision for 
     contraceptive coverage.
       (b) Nothing in this section shall apply to a contract 
     with--
       (1) any of the following religious plans:
       (A) Personal Care's HMO; and
       (B) OSF HealthPlans, Inc.; and
       (2) any existing or future plan, if the carrier for the 
     plan objects to such coverage on the basis of religious 
     beliefs.
       (c) In implementing this section, any plan that enters into 
     or renews a contract under this section may not subject any 
     individual to discrimination on the basis that the individual 
     refuses to prescribe or otherwise provide for contraceptives 
     because such activities would be contrary to the individual's 
     religious beliefs or moral convictions.
       (d) Nothing in this section shall be construed to require 
     coverage of abortion or abortion-related services.
       Sec. 729.  The Congress of the United States recognizes the 
     United States Anti-Doping Agency (USADA) as the official 
     anti-doping agency for Olympic, Pan American, and Paralympic 
     sport in the United States.
       Sec. 730.  Notwithstanding any other provision of law, 
     funds appropriated for official travel by Federal departments 
     and agencies may be used by such departments and agencies, if 
     consistent with Office of Management and Budget Circular A-
     126 regarding official travel for Government personnel, to 
     participate in the fractional aircraft ownership pilot 
     program.
       Sec. 731.  Notwithstanding any other provision of law, none 
     of the funds appropriated or made available under this Act or 
     any other appropriations Act may be used to implement or 
     enforce restrictions or limitations on the Coast Guard 
     Congressional Fellowship Program, or to implement the 
     proposed regulations of the Office of Personnel Management to 
     add sections 300.311 through 300.316 to part 300 of title 5 
     of the Code of Federal Regulations, published in the Federal 
     Register, volume 68, number 174, on September 9, 2003 
     (relating to the detail of executive branch employees to the 
     legislative branch).
       Sec. 732.  Notwithstanding any other provision of law, no 
     executive branch agency shall purchase, construct, and/or 
     lease any additional facilities, except within or contiguous 
     to existing locations, to be used for the purpose of 
     conducting Federal law enforcement training without the 
     advance approval of the Committees on Appropriations, except 
     that the Federal Law Enforcement Training Center is 
     authorized to obtain the temporary use of additional 
     facilities by lease, contract, or other agreement for 
     training which cannot be accommodated in existing Center 
     facilities.
       Sec. 733. (a) For fiscal year 2009, no funds shall be 
     available for transfers or reimbursements to the E-Government 
     initiatives sponsored by the Office of Management and Budget 
     prior to 15 days following submission of a report to the 
     Committees on Appropriations by the Director of the Office of 
     Management and Budget and receipt of approval to transfer 
     funds by the Committees on Appropriations of the House of 
     Representatives and the Senate.
       (b) The report in (a) and other required justification 
     materials shall include at a minimum--
       (1) a description of each initiative including but not 
     limited to its objectives, benefits, development status, 
     risks, cost effectiveness (including estimated net costs or 
     savings to the government), and the estimated date of full 
     operational capability;
       (2) the total development cost of each initiative by fiscal 
     year including costs to date, the estimated costs to complete 
     its development to full operational capability, and estimated 
     annual operations and maintenance costs; and
       (3) the sources and distribution of funding by fiscal year 
     and by agency and bureau for each initiative including agency 
     contributions to date and estimated future contributions by 
     agency.
       (c) No funds shall be available for obligation or 
     expenditure for new E-Government initiatives without the 
     explicit approval of the Committees on Appropriations of the 
     House of Representatives and the Senate.
       Sec. 734. Notwithstanding section 1346 of title 31, United 
     States Code, and section 708 of this Act and any other 
     provision of law, the head of each appropriate executive 
     department and agency shall transfer to or reimburse the 
     Federal Aviation Administration, upon the direction of the 
     Director of the Office of Management and Budget, funds made 
     available by this or any other Act for the purposes described 
     below, and shall submit budget requests for such purposes. 
     These funds shall be administered by the Federal Aviation 
     Administration, in consultation with the appropriate 
     interagency groups designated by the Director and shall be 
     used to ensure the uninterrupted, continuous operation of the 
     Midway Atoll Airfield by the Federal Aviation Administration 
     pursuant to an operational agreement with the Department of 
     the Interior for the entirety of fiscal year 2009 and any 
     period thereafter that precedes the enactment of the 
     Financial Services and General Government Appropriations Act, 
     2010. The Director of the Office of Management and Budget 
     shall mandate the necessary transfers after determining an 
     equitable allocation between the appropriate executive 
     departments and agencies of the responsibility for funding 
     the continuous operation of the Midway Atoll Airfield based 
     on, but not limited to, potential use, interest in 
     maintaining aviation safety, and applicability to 
     governmental operations and agency mission. The total funds 
     transferred or reimbursed shall not exceed $6,000,000 for any 
     12-month period. Such sums shall be sufficient to ensure 
     continued operation of the airfield throughout the period 
     cited above. Funds shall be available for operation of the 
     airfield or airfield-related capital upgrades. The Director 
     of the Office of Management and Budget shall notify the 
     Committees on Appropriations of such transfers or 
     reimbursements within 15 days of this Act. Such transfers or 
     reimbursements shall begin within 30 days of enactment of 
     this Act.

[[Page 5651]]

       Sec. 735.  Section 739(a)(1) of division D of the 
     Consolidated Appropriations Act, 2008 (Public Law 110-161; 
     121 Stat. 2029) is amended by striking ``more than 10''.
       Sec. 736.  Section 739 of division D of the Consolidated 
     Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2030) 
     is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Guidelines on Insourcing New and Contracted Out 
     Functions.--
       ``(1) Guidelines required.--(A) The heads of executive 
     agencies subject to the Federal Activities Inventory Reform 
     Act of 1998 (Public Law 105-270; 31 U.S.C. 501 note) shall 
     devise and implement guidelines and procedures to ensure that 
     consideration is given to using, on a regular basis, Federal 
     employees to perform new functions and functions that are 
     performed by contractors and could be performed by Federal 
     employees.
       ``(B) The guidelines and procedures required under 
     subparagraph (A) may not include any specific limitation or 
     restriction on the number of functions or activities that may 
     be converted to performance by Federal employees.
       ``(2) Special consideration for certain functions.--The 
     guidelines and procedures required under paragraph (1) shall 
     provide for special consideration to be given to using 
     Federal employees to perform any function that--
       ``(A) is performed by a contractor and--
       ``(i) has been performed by Federal employees at any time 
     during the previous 10 years;
       ``(ii) is a function closely associated with the 
     performance of an inherently governmental function;
       ``(iii) has been performed pursuant to a contract awarded 
     on a non-competitive basis; or
       ``(iv) has been performed poorly, as determined by a 
     contracting officer during the 5-year period preceding the 
     date of such determination, because of excessive costs or 
     inferior quality; or
       ``(B) is a new requirement, with particular emphasis given 
     to a new requirement that is similar to a function previously 
     performed by Federal employees or is a function closely 
     associated with the performance of an inherently governmental 
     function.
       ``(3) Exclusion of certain functions from competitions.--
     The head of an executive agency may not conduct a public-
     private competition under Office of Management and Budget 
     Circular A-76 or any other provision of law or regulation 
     before--
       ``(A) in the case of a new agency function, assigning the 
     performance of the function to Federal employees;
       ``(B) in the case of any agency function described in 
     paragraph (2), converting the function to performance by 
     Federal employees; or
       ``(C) in the case of an agency function performed by 
     Federal employees, expanding the scope of the function.
       ``(4) Deadline.--(A) The head of each executive agency 
     shall implement the guidelines and procedures required under 
     this subsection by not later than 120 days after the date of 
     the enactment of this subsection.
       ``(B) Not later than 210 days after the date of the 
     enactment of this subsection, the Government Accountability 
     Office shall submit a report on the implementation of this 
     subsection to the Committees on Appropriations of the House 
     of Representatives and the Senate, the Committee on Oversight 
     and Government Reform of the House of Representatives, and 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate.
       ``(5) Definitions.--In this subsection:
       ``(A) The term `inherently governmental functions' has the 
     meaning given such term in subpart 7.5 of part 7 of the 
     Federal Acquisition Regulation.
       ``(B) The term `functions closely associated with 
     inherently governmental functions' means the functions 
     described in section 7.503(d) of the Federal Acquisition 
     Regulation.
       ``(6) Applicability.--This subsection shall not apply to 
     the Department of Defense.''.
       Sec. 737.  None of the funds appropriated or otherwise made 
     available by this or any other Act may be used to begin or 
     announce a study or public-private competition regarding the 
     conversion to contractor performance of any function 
     performed by Federal employees pursuant to Office of 
     Management and Budget Circular A-76 or any other 
     administrative regulation, directive, or policy.
       Sec. 738. (a) Section 142(a) of division A of the 
     Consolidated Security, Disaster Assistance, and Continuing 
     Appropriations Act, 2009 (Public Law 110-329; 122 Stat. 3580) 
     is amended by striking ``Security.'' and inserting ``Security 
     and shall apply to civilian employees in the Department of 
     Defense who are represented by a labor organization as 
     defined in section 7103(a)(4) of title 5, United States 
     Code.''.
       (b) The amendment made by subsection (a) shall take effect 
     as if included in the enactment of the Consolidated Security, 
     Disaster Assistance, and Continuing Appropriations Act, 2009.
       Sec. 739.  Unless otherwise authorized by existing law, 
     none of the funds provided in this Act or any other Act may 
     be used by an executive branch agency to produce any 
     prepackaged news story intended for broadcast or distribution 
     in the United States, unless the story includes a clear 
     notification within the text or audio of the prepackaged news 
     story that the prepackaged news story was prepared or funded 
     by that executive branch agency.
       Sec. 740.  None of the funds made available in this Act may 
     be used in contravention of section 552a of title 5, United 
     States Code (popularly known as the Privacy Act) and 
     regulations implementing that section.
       Sec. 741.  Each executive department and agency shall 
     evaluate the creditworthiness of an individual before issuing 
     the individual a government travel charge card. Such 
     evaluations for individually-billed travel charge cards shall 
     include an assessment of the individual's consumer report 
     from a consumer reporting agency as those terms are defined 
     in section 603 of the Fair Credit Reporting Act (Public Law 
     91-508): Provided, That the department or agency may not 
     issue a government travel charge card to an individual that 
     either lacks a credit history or is found to have an 
     unsatisfactory credit history as a result of this evaluation: 
     Provided further, That this restriction shall not preclude 
     issuance of a restricted-use charge, debit, or stored value 
     card made in accordance with agency procedures to: (1) an 
     individual with an unsatisfactory credit history where such 
     card is used to pay travel expenses and the agency determines 
     there is no suitable alternative payment mechanism available 
     before issuing the card; or (2) an individual who lacks a 
     credit history. Each executive department and agency shall 
     establish guidelines and procedures for disciplinary actions 
     to be taken against agency personnel for improper, 
     fraudulent, or abusive use of government charge cards, which 
     shall include appropriate disciplinary actions for use of 
     charge cards for purposes, and at establishments, that are 
     inconsistent with the official business of the Department or 
     agency or with applicable standards of conduct.
       Sec. 742. Crosscut Budget. (a) Definitions.--For purposes 
     of this section the following definitions apply:
       (1) Great lakes.--The terms ``Great Lakes'' and ``Great 
     Lakes State'' have the same meanings as such terms have in 
     section 506 of the Water Resources Development Act of 2000 
     (42 U.S.C. 1962d-22).
       (2) Great lakes restoration activities.--The term ``Great 
     Lakes restoration activities'' means any Federal or State 
     activity primarily or entirely within the Great Lakes 
     watershed that seeks to improve the overall health of the 
     Great Lakes ecosystem.
       (b) Report.--Not later than 45 days after submission of the 
     budget of the President to Congress, the Director of the 
     Office of Management and Budget, in coordination with the 
     Governor of each Great Lakes State and the Great Lakes 
     Interagency Task Force, shall submit to the appropriate 
     authorizing and appropriating committees of the Senate and 
     the House of Representatives a financial report, certified by 
     the Secretary of each agency that has budget authority for 
     Great Lakes restoration activities, containing--
       (1) an interagency budget crosscut report that--
       (A) displays the budget proposed, including any planned 
     interagency or intra-agency transfer, for each of the Federal 
     agencies that carries out Great Lakes restoration activities 
     in the upcoming fiscal year, separately reporting the amount 
     of funding to be provided under existing laws pertaining to 
     the Great Lakes ecosystem; and
       (B) identifies all expenditures since fiscal year 2004 by 
     the Federal Government and State governments for Great Lakes 
     restoration activities;
       (2) a detailed accounting of all funds received and 
     obligated by all Federal agencies and, to the extent 
     available, State agencies using Federal funds, for Great 
     Lakes restoration activities during the current and previous 
     fiscal years;
       (3) a budget for the proposed projects (including a 
     description of the project, authorization level, and project 
     status) to be carried out in the upcoming fiscal year with 
     the Federal portion of funds for activities; and
       (4) a listing of all projects to be undertaken in the 
     upcoming fiscal year with the Federal portion of funds for 
     activities.
       Sec. 743. (a) In General.--None of the funds appropriated 
     or otherwise made available by this or any other Act may be 
     used for any Federal Government contract with any foreign 
     incorporated entity which is treated as an inverted domestic 
     corporation under section 835(b) of the Homeland Security Act 
     of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an 
     entity.
       (b) Waivers.--
       (1) In general.--Any Secretary shall waive subsection (a) 
     with respect to any Federal Government contract under the 
     authority of such Secretary if the Secretary determines that 
     the waiver is required in the interest of national security.
       (2) Report to congress.--Any Secretary issuing a waiver 
     under paragraph (1) shall report such issuance to Congress.
       (c) Exception.--This section shall not apply to any Federal 
     Government contract entered into before the date of the 
     enactment of this Act, or to any task order issued pursuant 
     to such contract.
       Sec. 744. (a) Each executive department and agency shall 
     establish and maintain on

[[Page 5652]]

     the homepage of its website, an obvious, direct link to the 
     website of its respective Inspector General.
       (b) Each Office of Inspector General shall: (1) post on its 
     website any public report or audit or portion of any report 
     or audit issued within one day of its release; (2) provide a 
     service on its website to allow an individual to request 
     automatic receipt of information relating to any public 
     report or audit or portion of that report or audit and which 
     permits electronic transmittal of the information, or notice 
     of the availability of the information without further 
     request; and (3) establish and maintain a direct link on its 
     website for individuals to anonymously report waste, fraud 
     and abuse.
       Sec. 745.  None of the funds made available by this or any 
     other Act may be used to implement, administer, enforce, or 
     apply the rule entitled ``Competitive Area'' published by the 
     Office of Personnel Management in the Federal Register on 
     April 15, 2008 (73 Fed. Reg. 20180 et seq.).
       Sec. 746.  None of the funds made available by this or any 
     other Act may be used to implement, administer, or enforce 
     section 5(b) of Executive Order 13422 (72 Fed. Reg. 2763; 
     relating to Regulatory Policy Officer).
       Sec. 747. No later than 120 days after enactment of this 
     Act, the Office of Management and Budget shall submit a 
     status report on the pilot program, established under section 
     748 of division D of Public Law 110-161, to develop and 
     implement an inventory to track the cost and size (in 
     contractor manpower equivalents) of service contracts, 
     particularly with respect to contracts that have been 
     performed poorly by a contractor because of excessive costs 
     or inferior quality, as determined by a contracting officer 
     within the last 5 years, involve inherently governmental 
     functions, or were undertaken without competition.
       Sec. 748.  Executive Order 13423 (72 Fed. Reg. 3919; Jan. 
     24, 2007) shall remain in effect hereafter except as 
     otherwise provided by law after the date of the enactment of 
     this Act.
       Sec. 749. Effective January 20, 2009, and for each fiscal 
     year thereafter, no part of any appropriation contained in 
     this or any other Act may be used for the payment of services 
     to any individual carrying out the responsibilities of any 
     position requiring Senate advice and consent in an acting or 
     temporary capacity after the second submission of a 
     nomination for that individual to that position has been 
     withdrawn or returned to the President.
       Sec. 750.  Except as expressly provided otherwise, any 
     reference to ``this Act'' contained in any title other than 
     title IV or VIII shall not apply to such title IV or VIII.
       Sec. 751. Nonreduction in Pay While Federal Employee is 
     Performing Active Service in the Uniformed Services or 
     National Guard. (a) In General.--Subchapter IV of chapter 55 
     of title 5, United States Code, is amended by adding at the 
     end the following:

     ``Sec. 5538. Nonreduction in pay while serving in the 
       uniformed services or National Guard

       ``(a) An employee who is absent from a position of 
     employment with the Federal Government in order to perform 
     active duty in the uniformed services pursuant to a call or 
     order to active duty under a provision of law referred to in 
     section 101(a)(13)(B) of title 10 shall be entitled, while 
     serving on active duty, to receive, for each pay period 
     described in subsection (b), an amount equal to the amount by 
     which--
       ``(1) the amount of basic pay which would otherwise have 
     been payable to such employee for such pay period if such 
     employee's civilian employment with the Government had not 
     been interrupted by that service, exceeds (if at all)
       ``(2) the amount of pay and allowances which (as determined 
     under subsection (d))--
       ``(A) is payable to such employee for that service; and
       ``(B) is allocable to such pay period.
       ``(b)(1) Amounts under this section shall be payable with 
     respect to each pay period (which would otherwise apply if 
     the employee's civilian employment had not been 
     interrupted)--
       ``(A) during which such employee is entitled to 
     reemployment rights under chapter 43 of title 38 with respect 
     to the position from which such employee is absent (as 
     referred to in subsection (a)); and
       ``(B) for which such employee does not otherwise receive 
     basic pay (including by taking any annual, military, or other 
     paid leave) to which such employee is entitled by virtue of 
     such employee's civilian employment with the Government.
       ``(2) For purposes of this section, the period during which 
     an employee is entitled to reemployment rights under chapter 
     43 of title 38--
       ``(A) shall be determined disregarding the provisions of 
     section 4312(d) of title 38; and
       ``(B) shall include any period of time specified in section 
     4312(e) of title 38 within which an employee may report or 
     apply for employment or reemployment following completion of 
     service on active duty to which called or ordered as 
     described in subsection (a).
       ``(c) Any amount payable under this section to an employee 
     shall be paid--
       ``(1) by such employee's employing agency;
       ``(2) from the appropriation or fund which would be used to 
     pay the employee if such employee were in a pay status; and
       ``(3) to the extent practicable, at the same time and in 
     the same manner as would basic pay if such employee's 
     civilian employment had not been interrupted.
       ``(d) The Office of Personnel Management shall, in 
     consultation with Secretary of Defense, prescribe any 
     regulations necessary to carry out the preceding provisions 
     of this section.
       ``(e)(1) The head of each agency referred to in section 
     2302(a)(2)(C)(ii) shall, in consultation with the Office, 
     prescribe procedures to ensure that the rights under this 
     section apply to the employees of such agency.
       ``(2) The Administrator of the Federal Aviation 
     Administration shall, in consultation with the Office, 
     prescribe procedures to ensure that the rights under this 
     section apply to the employees of that agency.
       ``(f) For purposes of this section--
       ``(1) the terms `employee', `Federal Government', and 
     `uniformed services' have the same respective meanings as 
     given those terms in section 4303 of title 38;
       ``(2) the term `employing agency', as used with respect to 
     an employee entitled to any payments under this section, 
     means the agency or other entity of the Government (including 
     an agency referred to in section 2302(a)(2)(C)(ii)) with 
     respect to which such employee has reemployment rights under 
     chapter 43 of title 38; and
       ``(3) the term `basic pay' includes any amount payable 
     under section 5304.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 55 of title 5, United States Code, is 
     amended by inserting after the item relating to section 5537 
     the following:

``5538. Nonreduction in pay while serving in the uniformed services or 
              National Guard.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to pay periods (as described in 
     section 5538(b) of title 5, United States Code, as amended by 
     this section) beginning on or after the date of enactment of 
     this Act.
       Sec. 752. Not later than 120 days after enactment of this 
     Act, each executive department and agency shall submit to the 
     Director of the Office of Management and Budget a report 
     stating the total size of its workforce, differentiated by 
     number of civilian, military, and contract workers as of 
     December 31, 2008. Not later than 180 days after enactment of 
     this Act, the Director of the Office of Management and Budget 
     shall submit to the Committee a comprehensive statement 
     delineating the workforce data by individual department and 
     agency, as well as aggregate totals of civilian, military, 
     and contract workers.

                               TITLE VIII

                GENERAL PROVISIONS--DISTRICT OF COLUMBIA

       Sec. 801.  Whenever in this Act, an amount is specified 
     within an appropriation for particular purposes or objects of 
     expenditure, such amount, unless otherwise specified, shall 
     be considered as the maximum amount that may be expended for 
     said purpose or object rather than an amount set apart 
     exclusively therefor.
       Sec. 802.  Appropriations in this Act shall be available 
     for expenses of travel and for the payment of dues of 
     organizations concerned with the work of the District of 
     Columbia government, when authorized by the Mayor, or, in the 
     case of the Council of the District of Columbia, funds may be 
     expended with the authorization of the Chairman of the 
     Council.
       Sec. 803.  There are appropriated from the applicable funds 
     of the District of Columbia such sums as may be necessary for 
     making refunds and for the payment of legal settlements or 
     judgments that have been entered against the District of 
     Columbia government.
       Sec. 804. (a) None of the Federal funds provided in this 
     Act shall be used for publicity or propaganda purposes or 
     implementation of any policy including boycott designed to 
     support or defeat legislation pending before Congress or any 
     State legislature.
       (b) The District of Columbia may use local funds provided 
     in this title to carry out lobbying activities on any matter.
       Sec. 805. (a) None of the funds provided under this Act to 
     the agencies funded by this Act, both Federal and District 
     government agencies, that remain available for obligation or 
     expenditure in fiscal year 2009, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditures for an 
     agency through a reprogramming of funds which--
       (1) creates new programs;
       (2) eliminates a program, project, or responsibility 
     center;
       (3) establishes or changes allocations specifically denied, 
     limited or increased under this Act;
       (4) increases funds or personnel by any means for any 
     program, project, or responsibility center for which funds 
     have been denied or restricted;
       (5) reestablishes any program or project previously 
     deferred through reprogramming;
       (6) augments any existing program, project, or 
     responsibility center through a reprogramming of funds in 
     excess of $3,000,000 or 10 percent, whichever is less; or

[[Page 5653]]

       (7) increases by 20 percent or more personnel assigned to a 
     specific program, project or responsibility center,

     unless in the case of Federal funds, the Committees on 
     Appropriations of the House of Representatives and the Senate 
     are notified in writing 15 days in advance of the 
     reprogramming and in the case of local funds, the Committees 
     on Appropriations of the House of Representatives and the 
     Senate are provided summary reports on April 1, 2009 and 
     October 1, 2009, setting forth detailed information regarding 
     each such local funds reprogramming conducted subject to this 
     subsection.
       (b) None of the local funds contained in this Act may be 
     available for obligation or expenditure for an agency through 
     a transfer of any local funds in excess of $3,000,000 from 
     one appropriation heading to another unless the Committees on 
     Appropriations of the House of Representatives and the Senate 
     are provided summary reports on April 1, 2009 and October 1, 
     2009, setting forth detailed information regarding each 
     reprogramming conducted subject to this subsection.
       (c) The District of Columbia government is authorized to 
     approve and execute reprogramming and transfer requests of 
     local funds under this title through December 1, 2009.
       Sec. 806.  Consistent with the provisions of section 
     1301(a) of title 31, United States Code, appropriations under 
     this Act shall be applied only to the objects for which the 
     appropriations were made except as otherwise provided by law.
       Sec. 807.  None of the Federal funds made available in this 
     Act may be used to implement or enforce the Health Care 
     Benefits Expansion Act of 1992 (D.C. Law 9-114; D.C. Official 
     Code, sec. 32-701 et seq.) or to otherwise implement or 
     enforce any system of registration of unmarried, cohabiting 
     couples, including but not limited to registration for the 
     purpose of extending employment, health, or governmental 
     benefits to such couples on the same basis that such benefits 
     are extended to legally married couples.
       Sec. 808. (a) Section 446B(f) of the District of Columbia 
     Home Rule Act (sec. 1-204.46b(f), D.C. Official Code) is 
     amended by striking ``fiscal years 2006 through 2008'' and 
     inserting ``fiscal year 2006 and each succeeding fiscal 
     year''.
       (b) The amendment made by subsection (a) shall take effect 
     as if included in the enactment of the 2005 District of 
     Columbia Omnibus Authorization Act.
       Sec. 809. None of the Federal funds provided in this Act 
     may be used by the District of Columbia to provide for 
     salaries, expenses, or other costs associated with the 
     offices of United States Senator or United States 
     Representative under section 4(d) of the District of Columbia 
     Statehood Constitutional Convention Initiatives of 1979 (D.C. 
     Law 3-171; D.C. Official Code, sec. 1-123).
       Sec. 810.  Except as otherwise provided in this section, 
     none of the funds made available by this Act or by any other 
     Act may be used to provide any officer or employee of the 
     District of Columbia with an official vehicle unless the 
     officer or employee uses the vehicle only in the performance 
     of the officer's or employee's official duties. For purposes 
     of this section, the term ``official duties'' does not 
     include travel between the officer's or employee's residence 
     and workplace, except in the case of--
       (1) an officer or employee of the Metropolitan Police 
     Department who resides in the District of Columbia or a 
     District of Columbia government employee as may otherwise be 
     designated by the Chief of the Department;
       (2) at the discretion of the Fire Chief, an officer or 
     employee of the District of Columbia Fire and Emergency 
     Medical Services Department who resides in the District of 
     Columbia and is on call 24 hours a day or is otherwise 
     designated by the Fire Chief;
       (3) at the discretion of the Director of the Department of 
     Corrections, an officer or employee of the District of 
     Columbia Department of Corrections who resides in the 
     District of Columbia and is on call 24 hours a day or is 
     otherwise designated by the Director;
       (4) the Mayor of the District of Columbia; and
       (5) the Chairman of the Council of the District of 
     Columbia.
       Sec. 811. (a) None of the Federal funds contained in this 
     Act may be used by the District of Columbia Attorney General 
     or any other officer or entity of the District government to 
     provide assistance for any petition drive or civil action 
     which seeks to require Congress to provide for voting 
     representation in Congress for the District of Columbia.
       (b) Nothing in this section bars the District of Columbia 
     Attorney General from reviewing or commenting on briefs in 
     private lawsuits, or from consulting with officials of the 
     District government regarding such lawsuits.
       Sec. 812.  None of the Federal funds contained in this Act 
     may be used for any program of distributing sterile needles 
     or syringes for the hypodermic injection of any illegal drug.
       Sec. 813.  Nothing in this Act may be construed to prevent 
     the Council or Mayor of the District of Columbia from 
     addressing the issue of the provision of contraceptive 
     coverage by health insurance plans, but it is the intent of 
     Congress that any legislation enacted on such issue should 
     include a ``conscience clause'' which provides exceptions for 
     religious beliefs and moral convictions.
       Sec. 814. (a) Notwithstanding section 615(i)(3)(B) of the 
     Individuals With Disabilities Education Act (20 U.S.C. 
     1415(i)(3)(B)), none of the funds contained in this Act or in 
     any other Act making appropriations for the government of the 
     District of Columbia for fiscal year 2009 or any succeeding 
     fiscal year may be made available--
       (1) to pay the fees of an attorney who represents a party 
     in or defends an IDEA proceeding which was initiated prior to 
     the date of the enactment of this Act in an amount in excess 
     of $4,000 for that proceeding; or
       (2) to pay the fees of an attorney or firm who represents a 
     party in or defends an IDEA proceeding if the Chief Financial 
     Officer of the District of Columbia determines that the 
     attorney or firm has a pecuniary interest (either directly or 
     through an attorney, officer, or employee of the firm) in any 
     special education diagnostic services or schools or other 
     special education service providers.
       (b) In this section, the term ``IDEA proceeding'' means any 
     action or administrative proceeding (including any ensuing or 
     related proceedings before a court of competent jurisdiction) 
     brought against the District of Columbia Public Schools under 
     the Individuals with Disabilities Education Act (20 U.S.C. 
     1400 et seq.).
       Sec. 815. The Mayor of the District of Columbia shall 
     submit to the Committees on Appropriations of the House of 
     Representatives and the Senate, the Committee on Oversight 
     and Government Reform of the House of Representatives, and 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate annual reports addressing--
       (1) crime, including the homicide rate, implementation of 
     community policing, the number of police officers on local 
     beats, and the closing down of open-air drug markets;
       (2) access to substance and alcohol abuse treatment, 
     including the number of treatment slots, the number of people 
     served, the number of people on waiting lists, and the 
     effectiveness of treatment programs, the retention rates in 
     treatment programs, and the recidivism/re-arrest rates for 
     treatment participants;
       (3) management of parolees and pre-trial violent offenders, 
     including the number of halfway houses escapes and steps 
     taken to improve monitoring and supervision of halfway house 
     residents to reduce the number of escapes to be provided in 
     consultation with the Court Services and Offender Supervision 
     Agency for the District of Columbia;
       (4) education, including access to special education 
     services and student achievement to be provided in 
     consultation with the District of Columbia Public Schools and 
     the District of Columbia public charter schools, repeated 
     grade rates, high school graduation rates, post-secondary 
     education attendance rates, and teen pregnancy rates;
       (5) improvement in basic District services, including rat 
     control and abatement;
       (6) application for and management of Federal grants, 
     including the number and type of grants for which the 
     District was eligible but failed to apply and the number and 
     type of grants awarded to the District but for which the 
     District failed to spend the amounts received;
       (7) indicators of child and family well-being including 
     child living arrangements by family structure, number of 
     children aging out of foster care, poverty rates by family 
     structure, crime by family structure, marriage rates by 
     income quintile, and out-of-wedlock births; and
       (8) employment, including job status and participation in 
     assistance programs by income, education and family 
     structure.
       Sec. 816. Beginning in fiscal year 2009 and each fiscal 
     year thereafter, the amount appropriated to the District of 
     Columbia may be increased by no more than $100,000,000 from 
     funds identified in the annual comprehensive annual financial 
     report as the District's immediately preceding fiscal year's 
     unexpended general fund surplus. The District may obligate 
     and expend these amounts only in accordance with the 
     following conditions:
       (1) The Chief Financial Officer of the District of Columbia 
     shall certify that the use of any such amounts is not 
     anticipated to have a negative impact on the District's long-
     term financial, fiscal, and economic vitality.
       (2) The District of Columbia may only use these funds for 
     the following expenditures:
       (A) One-time expenditures.
       (B) Expenditures to avoid deficit spending.
       (C) Debt Reduction.
       (D) Program needs.
       (E) Expenditures to avoid revenue shortfalls.
       (3) The amounts shall be obligated and expended in 
     accordance with laws enacted by the Council in support of 
     each such obligation or expenditure.
       (4) The amounts may not be used to fund the agencies of the 
     District of Columbia government under court ordered 
     receivership.
       (5) The amounts may not be obligated or expended unless the 
     Mayor notifies the Committees on Appropriations of the House 
     of

[[Page 5654]]

     Representatives and the Senate not fewer than 30 days in 
     advance of the obligation or expenditure.
       Sec. 817. (a) Beginning in fiscal year 2009 and each fiscal 
     year thereafter, consistent with revenue collections, the 
     amount appropriated as District of Columbia Funds may be 
     increased--
       (1) by an aggregate amount of not more than 25 percent, in 
     the case of amounts proposed to be allocated as ``Other-Type 
     Funds'' in the annual Proposed Budget and Financial Plan 
     submitted to Congress by the District of Columbia; and
       (2) by an aggregate amount of not more than 6 percent, in 
     the case of any other amounts proposed to be allocated in 
     such Proposed Budget and Financial Plan.
       (b) The District of Columbia may obligate and expend any 
     increase in the amount of funds authorized under this section 
     only in accordance with the following conditions:
       (1) The Chief Financial Officer of the District of Columbia 
     shall certify--
       (A) the increase in revenue; and
       (B) that the use of the amounts is not anticipated to have 
     a negative impact on the long-term financial, fiscal, or 
     economic health of the District.
       (2) The amounts shall be obligated and expended in 
     accordance with laws enacted by the Council of the District 
     of Columbia in support of each such obligation and 
     expenditure, consistent with the requirements of this Act.
       (3) The amounts may not be used to fund any agencies of the 
     District government operating under court-ordered 
     receivership.
       (4) The amounts may not be obligated or expended unless the 
     Mayor has notified the Committees on Appropriations of the 
     House of Representatives and the Senate not fewer than 30 
     days in advance of the obligation or expenditure.
       Sec. 818. Beginning in fiscal year 2009 and each fiscal 
     year thereafter, the Chief Financial Officer for the District 
     of Columbia may, for the purpose of cash flow management, 
     conduct short-term borrowing from the emergency reserve fund 
     and from the contingency reserve fund established under 
     section 450A of the District of Columbia Home Rule Act 
     (Public Law 93-198): Provided, That the amount borrowed shall 
     not exceed 50 percent of the total amount of funds contained 
     in both the emergency and contingency reserve funds at the 
     time of borrowing: Provided further, That the borrowing shall 
     not deplete either fund by more than 50 percent: Provided 
     further, That 100 percent of the funds borrowed shall be 
     replenished within 9 months of the time of the borrowing or 
     by the end of the fiscal year, whichever occurs earlier: 
     Provided further, That in the event that short-term borrowing 
     has been conducted and the emergency or the contingency 
     reserve funds are later depleted below 50 percent as a result 
     of an emergency or contingency, an amount equal to the amount 
     necessary to restore reserve levels to 50 percent of the 
     total amount of funds contained in both the emergency and 
     contingency reserve fund must be replenished from the amount 
     borrowed within 60 days.
       Sec. 819. (a) None of the funds contained in this Act may 
     be used to enact or carry out any law, rule, or regulation to 
     legalize or otherwise reduce penalties associated with the 
     possession, use, or distribution of any schedule I substance 
     under the Controlled Substances Act (21 U.S.C. 801 et seq.) 
     or any tetrahydrocannabinols derivative.
       (b) The Legalization of Marijuana for Medical Treatment 
     Initiative of 1998, also known as Initiative 59, approved by 
     the electors of the District of Columbia on November 3, 1998, 
     shall not take effect.
       Sec. 820.  None of the funds appropriated under this Act 
     shall be expended for any abortion except where the life of 
     the mother would be endangered if the fetus were carried to 
     term or where the pregnancy is the result of an act of rape 
     or incest.
       Sec. 821.  Amounts appropriated in this Act as operating 
     funds may be transferred to the District of Columbia's 
     enterprise and capital funds and such amounts, once 
     transferred shall retain appropriation authority consistent 
     with the provisions of this Act.
       Sec. 822. (a) Increase in the Hourly Rate for Attorneys 
     Representing Indigent Defendants in the District of Columbia 
     Courts.--Section 11-2604(a), District of Columbia Official 
     Code, is amended by striking ``$80 per hour'' and inserting 
     ``$90 per hour''.
       (b) Special Rule for Compensation of Attorneys in Neglect 
     and Termination of Parental Rights Proceedings.--Section 16-
     2326.01(b), District of Columbia Official Code, is amended--
       (1) in paragraph (1), by striking ``$1,760'' and inserting 
     ``$1,980'';
       (2) in paragraph (2), by striking ``$1,760'' and inserting 
     ``$1,980'';
       (3) in paragraph (3), by striking ``$2,400'' and inserting 
     ``$2,700''; and
       (4) in paragraph (4), by striking ``$1,200'' and inserting 
     ``$1,350''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to cases and proceedings initiated 
     on or after the date of enactment of this Act.
       Sec. 823. Section 2 of the Act entitled ``An Act Relative 
     to the control of wharf property and certain public spaces in 
     the District of Columbia'', approved March 3, 1899 (sec. 10-
     501.02(a), D.C. Official Code) is amended by striking the 
     last sentence.
       Sec. 824.  Except as expressly provided otherwise, any 
     reference to ``this Act'' contained in this title or in title 
     IV shall be treated as referring only to the provisions of 
     this title or of title IV.
       This division may be cited as the ``Financial Services and 
     General Government Appropriations Act, 2009''.

   DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 2009

                                TITLE I

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                   management of lands and resources

       For necessary expenses for protection, use, improvement, 
     development, disposal, cadastral surveying, classification, 
     acquisition of easements and other interests in lands, and 
     performance of other functions, including maintenance of 
     facilities, as authorized by law, in the management of lands 
     and their resources under the jurisdiction of the Bureau of 
     Land Management, including the general administration of the 
     Bureau, and assessment of mineral potential of public lands 
     pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), 
     $890,194,000, to remain available until expended, of which 
     not to exceed $79,478,000 is available for oil and gas 
     management; and of which $1,500,000 is for high priority 
     projects, to be carried out by the Youth Conservation Corps; 
     and of which $3,000,000 shall be available in fiscal year 
     2009 subject to a match by at least an equal amount by the 
     National Fish and Wildlife Foundation for cost-shared 
     projects supporting conservation of Bureau lands; and such 
     funds shall be advanced to the Foundation as a lump sum grant 
     without regard to when expenses are incurred.
       In addition, $36,400,000 is for the processing of 
     applications for permit to drill and related use 
     authorizations, to remain available until expended, to be 
     reduced by amounts collected by the Bureau and credited to 
     this appropriation that shall be derived from $4,000 per new 
     application for permit to drill that the Bureau shall collect 
     upon submission of each new application, and in addition, 
     $34,696,000 is for Mining Law Administration program 
     operations, including the cost of administering the mining 
     claim fee program; to remain available until expended, to be 
     reduced by amounts collected by the Bureau and credited to 
     this appropriation from annual mining claim fees so as to 
     result in a final appropriation estimated at not more than 
     $890,194,000, and $2,000,000, to remain available until 
     expended, from communication site rental fees established by 
     the Bureau for the cost of administering communication site 
     activities.


                              construction

       For construction of buildings, recreation facilities, 
     roads, trails, and appurtenant facilities, $6,590,000, to 
     remain available until expended.


                            land acquisition

       For expenses necessary to carry out sections 205, 206, and 
     318(d) of Public Law 94-579, including administrative 
     expenses and acquisition of lands or waters, or interests 
     therein, $14,775,000, to be derived from the Land and Water 
     Conservation Fund and to remain available until expended.


                   oregon and california grant lands

       For expenses necessary for management, protection, and 
     development of resources and for construction, operation, and 
     maintenance of access roads, reforestation, and other 
     improvements on the revested Oregon and California Railroad 
     grant lands, on other Federal lands in the Oregon and 
     California land-grant counties of Oregon, and on adjacent 
     rights-of-way; and acquisition of lands or interests therein, 
     including existing connecting roads on or adjacent to such 
     grant lands; $109,949,000, to remain available until 
     expended: Provided, That 25 percent of the aggregate of all 
     receipts during the current fiscal year from the revested 
     Oregon and California Railroad grant lands is hereby made a 
     charge against the Oregon and California land-grant fund and 
     shall be transferred to the General Fund in the Treasury in 
     accordance with the second paragraph of subsection (b) of 
     title II of the Act of August 28, 1937 (50 Stat. 876).


               forest ecosystem health and recovery fund

                   (revolving fund, special account)

       In addition to the purposes authorized in Public Law 102-
     381, funds made available in the Forest Ecosystem Health and 
     Recovery Fund can be used for the purpose of planning, 
     preparing, implementing and monitoring salvage timber sales 
     and forest ecosystem health and recovery activities, such as 
     release from competing vegetation and density control 
     treatments. The Federal share of receipts (defined as the 
     portion of salvage timber receipts not paid to the counties 
     under 43 U.S.C. 1181f and 43 U.S.C. 1181f-1 et seq., and 
     Public Law 106-393) derived from treatments funded by this 
     account shall be deposited into the Forest Ecosystem Health 
     and Recovery Fund.


                           range improvements

       For rehabilitation, protection, and acquisition of lands 
     and interests therein, and improvement of Federal rangelands 
     pursuant to

[[Page 5655]]

     section 401 of the Federal Land Policy and Management Act of 
     1976 (43 U.S.C. 1701), notwithstanding any other Act, sums 
     equal to 50 percent of all moneys received during the prior 
     fiscal year under sections 3 and 15 of the Taylor Grazing Act 
     (43 U.S.C. 315 et seq.) and the amount designated for range 
     improvements from grazing fees and mineral leasing receipts 
     from Bankhead-Jones lands transferred to the Department of 
     the Interior pursuant to law, but not less than $10,000,000, 
     to remain available until expended: Provided, That not to 
     exceed $600,000 shall be available for administrative 
     expenses.


               service charges, deposits, and forfeitures

       For administrative expenses and other costs related to 
     processing application documents and other authorizations for 
     use and disposal of public lands and resources, for costs of 
     providing copies of official public land documents, for 
     monitoring construction, operation, and termination of 
     facilities in conjunction with use authorizations, and for 
     rehabilitation of damaged property, such amounts as may be 
     collected under Public Law 94-579, as amended, and Public Law 
     93-153, to remain available until expended: Provided, That, 
     notwithstanding any provision to the contrary of section 
     305(a) of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys 
     that have been or will be received pursuant to that section, 
     whether as a result of forfeiture, compromise, or settlement, 
     if not appropriate for refund pursuant to section 305(c) of 
     that Act (43 U.S.C. 1735(c)), shall be available and may be 
     expended under the authority of this Act by the Secretary to 
     improve, protect, or rehabilitate any public lands 
     administered through the Bureau of Land Management which have 
     been damaged by the action of a resource developer, 
     purchaser, permittee, or any unauthorized person, without 
     regard to whether all moneys collected from each such action 
     are used on the exact lands damaged which led to the action: 
     Provided further, That any such moneys that are in excess of 
     amounts needed to repair damage to the exact land for which 
     funds were collected may be used to repair other damaged 
     public lands.


                       miscellaneous trust funds

       In addition to amounts authorized to be expended under 
     existing laws, there is hereby appropriated such amounts as 
     may be contributed under section 307 of the Act of October 
     21, 1976 (43 U.S.C. 1701), and such amounts as may be 
     advanced for administrative costs, surveys, appraisals, and 
     costs of making conveyances of omitted lands under section 
     211(b) of that Act, to remain available until expended.


                 PAYMENTS FROM PROCEEDS, SALE OF WATER

                              (rescission)

       The unobligated balances available under this heading on 
     the date of enactment of this Act are permanently rescinded.


 USE OF RECEIPTS FROM MINERAL LEASING ACTIVITIES ON CERTAIN NAVAL OIL 
                             SHALE RESERVES

                              (rescission)

       Of the unobligated balances available under this heading, 
     $12,996,000 are permanently rescinded.


                       Administrative Provisions

       Appropriations for the Bureau of Land Management (BLM) 
     shall be available for purchase, erection, and dismantlement 
     of temporary structures, and alteration and maintenance of 
     necessary buildings and appurtenant facilities to which the 
     United States has title; up to $100,000 for payments, at the 
     discretion of the Secretary, for information or evidence 
     concerning violations of laws administered by the Bureau; 
     miscellaneous and emergency expenses of enforcement 
     activities authorized or approved by the Secretary and to be 
     accounted for solely on the Secretary's certificate, not to 
     exceed $10,000: Provided, That notwithstanding 44 U.S.C. 501, 
     the Bureau may, under cooperative cost-sharing and 
     partnership arrangements authorized by law, procure printing 
     services from cooperators in connection with jointly produced 
     publications for which the cooperators share the cost of 
     printing either in cash or in services, and the Bureau 
     determines the cooperator is capable of meeting accepted 
     quality standards: Provided further, That projects to be 
     funded pursuant to a written commitment by a State government 
     to provide an identified amount of money in support of the 
     project may be carried out by the Bureau on a reimbursable 
     basis.
       In fiscal year 2009 and each fiscal year thereafter, the 
     Bureau of Land Management shall collect mining law 
     administration fees; such fees shall be collected in the same 
     manner as those authorized by 30 U.S.C. 28f and 28g only to 
     the extent provided in advance in appropriations Acts.
       The provisions of law codified at sections 28f(a) and 28g 
     of title 30, United States Code, are amended to remove the 
     modifications made under the heading ``administrative 
     provisions'', under the heading ``Bureau of Land Management'' 
     in title I of the Department of the Interior, Environment, 
     and Related Agencies Appropriations Act, 2008 (division F of 
     Public Law 110-161; 121 Stat. 2101).
       Sums not to exceed 1 percent of the total value of 
     procurements received by the Bureau of Land Management from 
     vendors under enterprise information technology-procurements 
     that the Department of the Interior and other Federal 
     Government agencies may use to order information technology 
     hereafter may be deposited into the Management of Lands and 
     Resources account to offset costs incurred in conducting the 
     procurement.

                United States Fish and Wildlife Service

                          resource management

       For necessary expenses of the United States Fish and 
     Wildlife Service, as authorized by law, and for scientific 
     and economic studies, maintenance of the herd of long-horned 
     cattle on the Wichita Mountains Wildlife Refuge, general 
     administration, and for the performance of other authorized 
     functions related to such resources by direct expenditure, 
     contracts, grants, cooperative agreements and reimbursable 
     agreements with public and private entities, $1,140,962,000, 
     to remain available until September 30, 2010 except as 
     otherwise provided herein: Provided, That $2,500,000 is for 
     high priority projects, which shall be carried out by the 
     Youth Conservation Corps: Provided further, That not to 
     exceed $19,266,000 shall be used for implementing subsections 
     (a), (b), (c), and (e) of section 4 of the Endangered Species 
     Act, as amended, for species that are indigenous to the 
     United States (except for processing petitions, developing 
     and issuing proposed and final regulations, and taking any 
     other steps to implement actions described in subsection 
     (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to 
     exceed $10,458,000 shall be used for any activity regarding 
     the designation of critical habitat, pursuant to subsection 
     (a)(3), excluding litigation support, for species listed 
     pursuant to subsection (a)(1) prior to October 1, 2008: 
     Provided further, That of the amount available for law 
     enforcement, up to $400,000, to remain available until 
     expended, may at the discretion of the Secretary be used for 
     payment for information, rewards, or evidence concerning 
     violations of laws administered by the Service, and 
     miscellaneous and emergency expenses of enforcement activity, 
     authorized or approved by the Secretary and to be accounted 
     for solely on the Secretary's certificate: Provided further, 
     That of the amount provided for environmental contaminants, 
     up to $1,000,000 may remain available until expended for 
     contaminant sample analyses.


                              CONSTRUCTION

                    (including rescission of funds)

       For construction, improvement, acquisition, or removal of 
     buildings and other facilities required in the conservation, 
     management, investigation, protection, and utilization of 
     fishery and wildlife resources, and the acquisition of lands 
     and interests therein; $35,587,000, to remain available until 
     expended: Provided, That of the unobligated balances made 
     available in Public Law 101-512 to carry out the Anadromous 
     Fish Conservation Act, all remaining amounts are permanently 
     rescinded.

                            land acquisition

       For expenses necessary to carry out the Land and Water 
     Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
     through 11), including administrative expenses, and for 
     acquisition of land or waters, or interest therein, in 
     accordance with statutory authority applicable to the United 
     States Fish and Wildlife Service, $42,455,000, to be derived 
     from the Land and Water Conservation Fund and to remain 
     available until expended, of which, notwithstanding 16 U.S.C. 
     460l-9, not more than $1,500,000 shall be for land 
     conservation partnerships authorized by the Highlands 
     Conservation Act of 2004: Provided, That none of the funds 
     appropriated for specific land acquisition projects can be 
     used to pay for any administrative overhead, planning or 
     other management costs.


            cooperative endangered species conservation fund

                    (including rescission of funds)

       For expenses necessary to carry out section 6 of the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), as 
     amended, $80,001,000, to remain available until expended, of 
     which $25,307,000 is to be derived from the Cooperative 
     Endangered Species Conservation Fund, of which $5,145,706 
     shall be for the Idaho Salmon and Clearwater River Basins 
     Habitat Account pursuant to the Snake River Water Rights Act 
     of 2004; and of which $54,694,000 is to be derived from the 
     Land and Water Conservation Fund: Provided, That of the 
     unobligated balances available under this heading, $4,500,000 
     are permanently rescinded.

                     national wildlife refuge fund

       For expenses necessary to implement the Act of October 17, 
     1978 (16 U.S.C. 715s), $14,100,000.


               North American Wetlands Conservation Fund

       For expenses necessary to carry out the provisions of the 
     North American Wetlands Conservation Act, as amended (16 
     U.S.C. 4401-4414), $42,647,000, to remain available until 
     expended.


                Neotropical Migratory Bird Conservation

       For expenses necessary to carry out the Neotropical 
     Migratory Bird Conservation Act, as amended, (16 U.S.C. 6101 
     et seq.), $4,750,000, to remain available until expended.

[[Page 5656]]




                Multinational Species Conservation Fund

       For expenses necessary to carry out the African Elephant 
     Conservation Act (16 U.S.C. 4201-4203, 4211-4214, 4221-4225, 
     4241-4246, and 1538), the Asian Elephant Conservation Act of 
     1997 (16 U.S.C. 4261-4266), the Rhinoceros and Tiger 
     Conservation Act of 1994 (16 U.S.C. 5301-5306), the Great Ape 
     Conservation Act of 2000 (16 U.S.C. 6301-6305), and the 
     Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601-6606), 
     $10,000,000, to remain available until expended.

                    state and tribal wildlife grants

       For wildlife conservation grants to States and to the 
     District of Columbia, Puerto Rico, Guam, the United States 
     Virgin Islands, the Northern Mariana Islands, American Samoa, 
     and federally-recognized Indian tribes under the provisions 
     of the Fish and Wildlife Act of 1956 and the Fish and 
     Wildlife Coordination Act, for the development and 
     implementation of programs for the benefit of wildlife and 
     their habitat, including species that are not hunted or 
     fished, $75,000,000, to remain available until expended: 
     Provided, That of the amount provided herein, $7,000,000 is 
     for a competitive grant program for Indian tribes not subject 
     to the remaining provisions of this appropriation: Provided 
     further, That $5,000,000 is for a competitive grant program 
     for States, territories, and other jurisdictions with 
     approved plans, not subject to the remaining provisions of 
     this appropriation: Provided further, That the Secretary 
     shall, after deducting $11,106,000 and administrative 
     expenses, apportion the amount provided herein in the 
     following manner: (1) to the District of Columbia and to the 
     Commonwealth of Puerto Rico, each a sum equal to not more 
     than one-half of 1 percent thereof; and (2) to Guam, American 
     Samoa, the United States Virgin Islands, and the Commonwealth 
     of the Northern Mariana Islands, each a sum equal to not more 
     than one-fourth of 1 percent thereof: Provided further, That 
     the Secretary shall apportion the remaining amount in the 
     following manner: (1) one-third of which is based on the 
     ratio to which the land area of such State bears to the total 
     land area of all such States; and (2) two-thirds of which is 
     based on the ratio to which the population of such State 
     bears to the total population of all such States: Provided 
     further, That the amounts apportioned under this paragraph 
     shall be adjusted equitably so that no State shall be 
     apportioned a sum which is less than 1 percent of the amount 
     available for apportionment under this paragraph for any 
     fiscal year or more than 5 percent of such amount: Provided 
     further, That the Federal share of planning grants shall not 
     exceed 75 percent of the total costs of such projects and the 
     Federal share of implementation grants shall not exceed 50 
     percent of the total costs of such projects: Provided 
     further, That the non-Federal share of such projects may not 
     be derived from Federal grant programs: Provided further, 
     That no State, territory, or other jurisdiction shall receive 
     a grant if its comprehensive wildlife conservation plan is 
     disapproved and such funds that would have been distributed 
     to such State, territory, or other jurisdiction shall be 
     distributed equitably to States, territories, and other 
     jurisdictions with approved plans: Provided further, That any 
     amount apportioned in 2009 to any State, territory, or other 
     jurisdiction that remains unobligated as of September 30, 
     2010, shall be reapportioned, together with funds 
     appropriated in 2011, in the manner provided herein.


              WILDLIFE CONSERVATION AND APPRECIATION FUND

                              (rescission)

       Of the unobligated balances available under this heading 
     from prior year appropriations, all remaining amounts are 
     permanently rescinded.


                       administrative provisions

       Appropriations and funds available to the United States 
     Fish and Wildlife Service shall be available for repair of 
     damage to public roads within and adjacent to reservation 
     areas caused by operations of the Service; options for the 
     purchase of land at not to exceed $1 for each option; 
     facilities incident to such public recreational uses on 
     conservation areas as are consistent with their primary 
     purpose; and the maintenance and improvement of aquaria, 
     buildings, and other facilities under the jurisdiction of the 
     Service and to which the United States has title, and which 
     are used pursuant to law in connection with management, and 
     investigation of fish and wildlife resources: Provided, That 
     notwithstanding 44 U.S.C. 501, the Service may, under 
     cooperative cost sharing and partnership arrangements 
     authorized by law, procure printing services from cooperators 
     in connection with jointly produced publications for which 
     the cooperators share at least one-half the cost of printing 
     either in cash or services and the Service determines the 
     cooperator is capable of meeting accepted quality standards: 
     Provided further, That, notwithstanding any other provision 
     of law, the Service may use up to $2,000,000 from funds 
     provided for contracts for employment-related legal services: 
     Provided further, That the Service may accept donated 
     aircraft as replacements for existing aircraft.

                         National Park Service


                 Operation of the National Park System

       For expenses necessary for the management, operation, and 
     maintenance of areas and facilities administered by the 
     National Park Service (including expenses to carry out 
     programs of the United States Park Police), and for the 
     general administration of the National Park Service, 
     $2,131,529,000, of which $9,851,000 for planning and 
     interagency coordination in support of Everglades restoration 
     and $99,586,000 for maintenance, repair or rehabilitation 
     projects for constructed assets, operation of the National 
     Park Service automated facility management software system, 
     and comprehensive facility condition assessments shall remain 
     available until September 30, 2010.


                  national recreation and preservation

       For expenses necessary to carry out recreation programs, 
     natural programs, cultural programs, heritage partnership 
     programs, environmental compliance and review, international 
     park affairs, statutory or contractual aid for other 
     activities, and grant administration, not otherwise provided 
     for, $59,684,000.

                       historic preservation fund


             (including transfers and rescission of funds)

       For expenses necessary in carrying out the Historic 
     Preservation Act of 1966, as amended (16 U.S.C. 470), and the 
     Omnibus Parks and Public Lands Management Act of 1996 (Public 
     Law 104-333), $69,500,000, to be derived from the Historic 
     Preservation Fund and to remain available until September 30, 
     2010; of which $20,000,000 shall be for Save America's 
     Treasures for preservation of nationally significant sites, 
     structures, and artifacts: Provided, That any individual Save 
     America's Treasures grant shall be matched by non-Federal 
     funds; individual projects shall only be eligible for one 
     grant; and all projects to be funded shall be approved by the 
     Secretary of the Interior in consultation with the House and 
     Senate Committees on Appropriations: Provided further, That 
     Save America's Treasures funds allocated for Federal 
     projects, following approval, shall be available by transfer 
     to appropriate accounts of individual agencies: Provided 
     further, That of the unobligated balances in this account, 
     $516,000 are permanently rescinded.


                              Construction

                    (including rescission of funds)

       For construction, improvements, repair or replacement of 
     physical facilities, including a portion of the expense for 
     the modifications authorized by section 104 of the Everglades 
     National Park Protection and Expansion Act of 1989, 
     $233,158,000, to remain available until expended: Provided, 
     That funds appropriated in this Act, or in any prior Act of 
     Congress, for the implementation of the Modified Water 
     Deliveries to Everglades National Park Project, shall be made 
     available to the Army Corps of Engineers which shall, 
     notwithstanding any other provision of law, immediately and 
     without further delay construct or cause to be constructed 
     Alternative 3.2.2.a to U.S. Highway 41 (the Tamiami Trail) 
     consistent with the Limited Reevaluation Report with 
     Integrated Environmental Assessment and addendum, approved 
     August 2008: Provided further, That the Secretary of the 
     Interior, acting through the National Park Service, is 
     directed to immediately evaluate the feasibility of 
     additional bridge length, beyond that to be constructed 
     pursuant to the Modified Water Deliveries to Everglades 
     National Park Project (16 U.S.C. Sec. 410r-8), including a 
     continuous bridge, or additional bridges or some combination 
     thereof, for the Tamiami Trail (U.S. Highway 41) to restore 
     more natural water flow to Everglades National Park and 
     Florida Bay and for the purpose of restoring habitat within 
     the Park and the ecological connectivity between the Park and 
     the Water Conservation Areas. The feasibility study and the 
     recommendation of the Secretary shall be submitted to the 
     Congress no later than 12 months from the date of enactment 
     of this Act: Provided further, That for fiscal year 2009 and 
     hereafter, fees paid by the National Park Service to the West 
     Yellowstone/Hebgen Basin Solid Waste District will be 
     restricted to operations and maintenance costs of the 
     facility, given the capital contribution made by the National 
     Park Service: Provided further, That, notwithstanding any 
     other provision of law, a single procurement for the 
     construction project at the Jefferson Memorial plaza and 
     seawall in Washington, DC, may be issued which includes the 
     full scope of the project: Provided further, That the 
     solicitation and the contract shall contain the clause 
     ``availability of funds'' found at 48 CFR 52.232.18: Provided 
     further, That the National Park Service shall grant funds not 
     to exceed $3,000,000 to the St. Louis Metropolitan Park and 
     Recreation District for the purpose of planning and 
     constructing a pedestrian bridge to provide safe visitor 
     access to the Jefferson National Expansion Memorial Arch: 
     Provided further, That the unobligated balances in the 
     Federal Infrastructure Improvement Fund under this heading 
     are permanently rescinded.


                    land and water conservation fund

                              (rescission)

       The contract authority provided for fiscal year 2009 by 16 
     U.S.C. 460l-10a is rescinded.

[[Page 5657]]




                 land acquisition and state assistance

                    (including rescission of funds)

       For expenses necessary to carry out the Land and Water 
     Conservation Act of 1965, as amended (16 U.S.C. 460l-4 
     through 11), including administrative expenses, and for 
     acquisition of lands or waters, or interest therein, in 
     accordance with the statutory authority applicable to the 
     National Park Service, $65,190,000, to be derived from the 
     Land and Water Conservation Fund and to remain available 
     until expended, of which $20,000,000 is for the State 
     assistance program and of which $4,000,000 is available for 
     grants, subject to a match by at least an equal amount, to 
     States, regional entities, local communities, and the private 
     sector for cost-shared fee simple acquisition of land or 
     permanent, protective interests in land, to preserve, 
     conserve, and enhance nationally significant Civil War 
     Battlefields: Provided, That of the unobligated balances 
     under this heading for State Assistance, $1,000,000 are 
     permanently rescinded.


                     urban park and recreation fund

                              (rescission)

       Of the unobligated balances available under this heading, 
     $1,300,000 are rescinded.

                       administrative provisions

       In addition to other uses set forth in section 407(d) of 
     Public Law 105-391, franchise fees credited to a sub-account 
     shall be available for expenditure by the Secretary, without 
     further appropriation, for use at any unit within the 
     National Park System to extinguish or reduce liability for 
     Possessory Interest or leasehold surrender interest. Such 
     funds may only be used for this purpose to the extent that 
     the benefiting unit anticipated franchise fee receipts over 
     the term of the contract at that unit exceed the amount of 
     funds used to extinguish or reduce liability. Franchise fees 
     at the benefiting unit shall be credited to the sub-account 
     of the originating unit over a period not to exceed the term 
     of a single contract at the benefiting unit, in the amount of 
     funds so expended to extinguish or reduce liability.
       For fiscal year 2009 and hereafter, a willing seller from 
     whom the Service acquires title to real property may be 
     considered a ``displaced person'' for purposes of the Uniform 
     Relocation Assistance and Real Property Acquisition Policy 
     Act and its implementing regulations, whether or not the 
     Service has the authority to acquire such property by eminent 
     domain.
       For the costs of administration of the Land and Water 
     Conservation Fund grants authorized by section 105(a)(2)(B) 
     of the Gulf of Mexico Energy Security Act of 2006 (Public Law 
     109-432), the National Park Service may retain up to 3 
     percent of the amounts which are authorized to be disbursed 
     under such section, such retained amounts to remain available 
     until expended.
       Section 3(f) of the Act of August 21, 1935 (16 U.S.C. 
     463(f)), related to the National Park System Advisory Board, 
     is amended in the first sentence by striking ``2009'' and 
     inserting ``2010''.

                    United States Geological Survey

                 surveys, investigations, and research

       For expenses necessary for the United States Geological 
     Survey to perform surveys, investigations, and research 
     covering topography, geology, hydrology, biology, and the 
     mineral and water resources of the United States, its 
     territories and possessions, and other areas as authorized by 
     43 U.S.C. 31, 1332, and 1340; classify lands as to their 
     mineral and water resources; give engineering supervision to 
     power permittees and Federal Energy Regulatory Commission 
     licensees; administer the minerals exploration program (30 
     U.S.C. 641); conduct inquiries into the economic conditions 
     affecting mining and materials processing industries (30 
     U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related 
     purposes as authorized by law; and to publish and disseminate 
     data relative to the foregoing activities; $1,043,803,000, to 
     remain available until September 30, 2010, of which 
     $64,078,000 shall be available only for cooperation with 
     States or municipalities for water resources investigations; 
     of which $40,150,000 shall remain available until expended 
     for satellite operations; and of which $7,321,000 shall be 
     available until expended for deferred maintenance and capital 
     improvement projects that exceed $100,000 in cost: Provided, 
     That none of the funds provided for the biological research 
     activity shall be used to conduct new surveys on private 
     property, unless specifically authorized in writing by the 
     property owner: Provided further, That no part of this 
     appropriation shall be used to pay more than one-half the 
     cost of topographic mapping or water resources data 
     collection and investigations carried on in cooperation with 
     States and municipalities.

                       administrative provisions

       From within the amount appropriated for activities of the 
     United States Geological Survey such sums as are necessary 
     shall be available for reimbursement to the General Services 
     Administration for security guard services; contracting for 
     the furnishing of topographic maps and for the making of 
     geophysical or other specialized surveys when it is 
     administratively determined that such procedures are in the 
     public interest; construction and maintenance of necessary 
     buildings and appurtenant facilities; acquisition of lands 
     for gauging stations and observation wells; expenses of the 
     United States National Committee on Geology; and payment of 
     compensation and expenses of persons on the rolls of the 
     Survey duly appointed to represent the United States in the 
     negotiation and administration of interstate compacts: 
     Provided, That activities funded by appropriations herein 
     made may be accomplished through the use of contracts, 
     grants, or cooperative agreements as defined in 31 U.S.C. 
     6302 et seq.: Provided further, That the United States 
     Geological Survey may enter into contracts or cooperative 
     agreements directly with individuals or indirectly with 
     institutions or nonprofit organizations, without regard to 41 
     U.S.C. 5, for the temporary or intermittent services of 
     students or recent graduates, who shall be considered 
     employees for the purpose of chapters 57 and 81 of title 5, 
     United States Code, relating to compensation for travel and 
     work injuries, and chapter 171 of title 28, United States 
     Code, relating to tort claims, but shall not be considered to 
     be Federal employees for any other purposes.

                      Minerals Management Service


                royalty and offshore minerals management

       For expenses necessary for minerals leasing and 
     environmental studies, regulation of industry operations, and 
     collection of royalties, as authorized by law; for enforcing 
     laws and regulations applicable to oil, gas, and other 
     minerals leases, permits, licenses and operating contracts; 
     for energy-related or other authorized marine-related 
     purposes on the Outer Continental Shelf; and for matching 
     grants or cooperative agreements, $157,373,000, to remain 
     available until September 30, 2010, of which $86,684,000 
     shall be available for royalty management activities; and an 
     amount not to exceed $146,730,000, to be credited to this 
     appropriation and to remain available until expended, from 
     additions to receipts resulting from increases to rates in 
     effect on August 5, 1993, and from cost recovery fees: 
     Provided, That in fiscal year 2009 and each fiscal year 
     thereafter, fees and charges authorized by 31 U.S.C. 9701 may 
     be collected only to the extent provided in advance in 
     appropriations Acts: Provided further, That notwithstanding 
     31 U.S.C. 3302, in fiscal year 2009, such amounts as are 
     assessed under 31 U.S.C. 9701 shall be collected and credited 
     to this account and shall be available until expended for 
     necessary expenses: Provided further, That to the extent 
     $146,730,000 in addition to receipts are not realized from 
     the sources of receipts stated above, the amount needed to 
     reach $146,730,000 shall be credited to this appropriation 
     from receipts resulting from rental rates for Outer 
     Continental Shelf leases in effect before August 5, 1993: 
     Provided further, That the term ``qualified Outer Continental 
     Shelf revenues'', as defined in section 102(9)(A) of the Gulf 
     of Mexico Energy Security Act, division C of Public Law 109-
     432, shall include only the portion of rental revenues that 
     would have been collected at the rental rates in effect 
     before August 5, 1993: Provided further, That not to exceed 
     $3,000 shall be available for reasonable expenses related to 
     promoting volunteer beach and marine cleanup activities: 
     Provided further, That notwithstanding any other provision of 
     law, $15,000 under this heading shall be available for 
     refunds of overpayments in connection with certain Indian 
     leases in which the Director of MMS concurred with the 
     claimed refund due, to pay amounts owed to Indian allottees 
     or tribes, or to correct prior unrecoverable erroneous 
     payments.


                           oil spill research

       For necessary expenses to carry out title I, section 1016, 
     title IV, sections 4202 and 4303, title VII, and title VIII, 
     section 8201 of the Oil Pollution Act of 1990, $6,303,000, 
     which shall be derived from the Oil Spill Liability Trust 
     Fund, to remain available until expended.


                        Administrative Provision

       Notwithstanding the provisions of section 35(b) of the 
     Mineral Leasing Act, as amended (30 U.S.C. 191(b)), the 
     Secretary shall deduct 2 percent from the amount payable to 
     each State in fiscal year 2009 and deposit the amount 
     deducted to miscellaneous receipts of the Treasury.

          Office of Surface Mining Reclamation and Enforcement

                       regulation and technology

       For necessary expenses to carry out the provisions of the 
     Surface Mining Control and Reclamation Act of 1977, Public 
     Law 95-87, as amended, $120,156,000, to remain available 
     until September 30, 2010: Provided, That, in fiscal year 2009 
     and thereafter, the Secretary of the Interior, pursuant to 
     regulations, may use directly or through grants to States, 
     moneys collected for civil penalties assessed under section 
     518 of the Surface Mining Control and Reclamation Act of 1977 
     (30 U.S.C. 1268), to reclaim lands adversely affected by coal 
     mining practices after August 3, 1977, to remain available 
     until expended: Provided further, That appropriations for the 
     Office of Surface Mining Reclamation and Enforcement may 
     provide for the travel and per diem expenses of State and 
     tribal personnel attending Office of Surface Mining 
     Reclamation and Enforcement sponsored training.

[[Page 5658]]



                    abandoned mine reclamation fund


                    (including rescission of funds)

       For necessary expenses to carry out title IV of the Surface 
     Mining Control and Reclamation Act of 1977, Public Law 95-87, 
     as amended, $52,946,000, to be derived from receipts of the 
     Abandoned Mine Reclamation Fund and to remain available until 
     expended: Provided, That pursuant to Public Law 97-365, the 
     Department of the Interior is authorized to use up to 20 
     percent from the recovery of the delinquent debt owed to the 
     United States Government to pay for contracts to collect 
     these debts: Provided further, That in fiscal year 2009 and 
     hereafter, the State of Maryland may set aside the greater of 
     $1,000,000 or 10 percent of the total of the grants made 
     available to the State under title IV of the Act, if the 
     amount set aside is deposited in an acid mine drainage 
     abatement and treatment fund established under a State law, 
     pursuant to which law the amount, together with all interest 
     earned on the amount, is expended by the State to undertake 
     acid mine drainage abatement and treatment projects, except 
     that before any amounts greater than 10 percent of its title 
     IV grants are deposited in an acid mine drainage abatement 
     and treatment fund, the State of Maryland must first complete 
     all Surface Mining Control and Reclamation Act priority one 
     projects: Provided further, That of the unobligated balances 
     available under this heading, $8,500,000 are permanently 
     rescinded: Provided further, That amounts provided under this 
     heading may be used for the travel and per diem expenses of 
     State and tribal personnel attending Office of Surface Mining 
     Reclamation and Enforcement sponsored training.

                        administrative provision

       With funds available for the Technical Innovation and 
     Professional Services program in this Act, the Secretary may 
     transfer title for computer hardware, software and other 
     technical equipment to State and tribal regulatory and 
     reclamation programs.

                        Bureau of Indian Affairs

                      operation of indian programs


                     (including transfer of funds)

       For expenses necessary for the operation of Indian 
     programs, as authorized by law, including the Snyder Act of 
     November 2, 1921 (25 U.S.C. 13), the Indian Self-
     Determination and Education Assistance Act of 1975 (25 U.S.C. 
     450 et seq.), as amended, the Education Amendments of 1978 
     (25 U.S.C. 2001-2019), and the Tribally Controlled Schools 
     Act of 1988 (25 U.S.C. 2501 et seq.), as amended, 
     $2,128,630,000, to remain available until September 30, 2010 
     except as otherwise provided herein; of which not to exceed 
     $8,500 may be for official reception and representation 
     expenses; of which not to exceed $74,915,000 shall be for 
     welfare assistance payments: Provided, That in cases of 
     designated Federal disasters, the Secretary may exceed such 
     cap, from the amounts provided herein, to provide for 
     disaster relief to Indian communities affected by the 
     disaster; notwithstanding any other provision of law, 
     including but not limited to the Indian Self-Determination 
     Act of 1975, as amended, not to exceed $147,294,000 shall be 
     available for payments for contract support costs associated 
     with ongoing contracts, grants, compacts, or annual funding 
     agreements entered into with the Bureau prior to or during 
     fiscal year 2009, as authorized by such Act, except that 
     tribes and tribal organizations may use their tribal priority 
     allocations for unmet contract support costs of ongoing 
     contracts, grants, or compacts, or annual funding agreements 
     and for unmet welfare assistance costs; of which not to 
     exceed $499,470,000 for school operations costs of Bureau-
     funded schools and other education programs shall become 
     available on July 1, 2009, and shall remain available until 
     September 30, 2010; and of which not to exceed $58,623,000 
     shall remain available until expended for housing 
     improvement, road maintenance, attorney fees, litigation 
     support, the Indian Self-Determination Fund, land records 
     improvement, and the Navajo-Hopi Settlement Program: Provided 
     further, That notwithstanding any other provision of law, 
     including but not limited to the Indian Self-Determination 
     Act of 1975, as amended, and 25 U.S.C. 2008, not to exceed 
     $43,373,000 within and only from such amounts made available 
     for school operations shall be available for administrative 
     cost grants associated with ongoing grants entered into with 
     the Bureau prior to or during fiscal year 2008 for the 
     operation of Bureau-funded schools, and up to $500,000 within 
     and only from such amounts made available for administrative 
     cost grants shall be available for the transitional costs of 
     initial administrative cost grants to grantees that assume 
     operation on or after July 1, 2008, of Bureau-funded schools: 
     Provided further, That any forestry funds allocated to a 
     tribe which remain unobligated as of September 30, 2010, may 
     be transferred during fiscal year 2011 to an Indian forest 
     land assistance account established for the benefit of the 
     holder of the funds within the holder's trust fund account: 
     Provided further, That any such unobligated balances not so 
     transferred shall expire on September 30, 2011.

                              construction


                     (including transfer of funds)

       For construction, repair, improvement, and maintenance of 
     irrigation and power systems, buildings, utilities, and other 
     facilities, including architectural and engineering services 
     by contract; acquisition of lands, and interests in lands; 
     and preparation of lands for farming, and for construction of 
     the Navajo Indian Irrigation Project pursuant to Public Law 
     87-483, $217,688,000, to remain available until expended: 
     Provided, That such amounts as may be available for the 
     construction of the Navajo Indian Irrigation Project may be 
     transferred to the Bureau of Reclamation: Provided further, 
     That not to exceed 6 percent of contract authority available 
     to the Bureau of Indian Affairs from the Federal Highway 
     Trust Fund may be used to cover the road program management 
     costs of the Bureau: Provided further, That any funds 
     provided for the Safety of Dams program pursuant to 25 U.S.C. 
     13 shall be made available on a nonreimbursable basis: 
     Provided further, That for fiscal year 2009, in implementing 
     new construction or facilities improvement and repair project 
     grants in excess of $100,000 that are provided to grant 
     schools under Public Law 100-297, as amended, the Secretary 
     of the Interior shall use the Administrative and Audit 
     Requirements and Cost Principles for Assistance Programs 
     contained in 43 CFR part 12 as the regulatory requirements: 
     Provided further, That such grants shall not be subject to 
     section 12.61 of 43 CFR; the Secretary and the grantee shall 
     negotiate and determine a schedule of payments for the work 
     to be performed: Provided further, That in considering grant 
     applications, the Secretary shall consider whether such 
     grantee would be deficient in assuring that the construction 
     projects conform to applicable building standards and codes 
     and Federal, tribal, or State health and safety standards as 
     required by 25 U.S.C. 2005(b), with respect to organizational 
     and financial management capabilities: Provided further, That 
     if the Secretary declines a grant application, the Secretary 
     shall follow the requirements contained in 25 U.S.C. 2504(f): 
     Provided further, That any disputes between the Secretary and 
     any grantee concerning a grant shall be subject to the 
     disputes provision in 25 U.S.C. 2507(e): Provided further, 
     That in order to ensure timely completion of construction 
     projects, the Secretary may assume control of a project and 
     all funds related to the project, if, within eighteen months 
     of the date of enactment of this Act, any grantee receiving 
     funds appropriated in this Act or in any prior Act, has not 
     completed the planning and design phase of the project and 
     commenced construction: Provided further, That this 
     appropriation may be reimbursed from the Office of the 
     Special Trustee for American Indians appropriation for the 
     appropriate share of construction costs for space expansion 
     needed in agency offices to meet trust reform implementation.


 indian land and water claim settlements and miscellaneous payments to 
                                indians

       For payments and necessary administrative expenses for 
     implementation of Indian land and water claim settlements 
     pursuant to Public Laws 99-264, 100-580, 101-618, 108-447, 
     109-379, and 109-479, and for implementation of other land 
     and water rights settlements, $21,627,000, to remain 
     available until expended.

                 indian guaranteed loan program account

       For the cost of guaranteed loans, $8,186,000, of which 
     $1,600,000 is for administrative expenses, as authorized by 
     the Indian Financing Act of 1974, as amended: Provided, That 
     of the amounts provided herein for administrative expenses, 
     $500,000 is for the modernization of a management and 
     accounting system: Provided further, That such costs, 
     including the cost of modifying such loans, shall be as 
     defined in section 502 of the Congressional Budget Act of 
     1974: Provided further, That these funds are available to 
     subsidize total loan principal, any part of which is to be 
     guaranteed, not to exceed $85,200,517.


                       Administrative Provisions

       The Bureau of Indian Affairs may carry out the operation of 
     Indian programs by direct expenditure, contracts, cooperative 
     agreements, compacts and grants, either directly or in 
     cooperation with States and other organizations.
       Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs 
     may contract for services in support of the management, 
     operation, and maintenance of the Power Division of the San 
     Carlos Irrigation Project.
       Appropriations for the Bureau of Indian Affairs (except the 
     Revolving Fund for Loans Liquidating Account, Indian Loan 
     Guaranty and Insurance Fund Liquidating Account, Indian 
     Guaranteed Loan Financing Account, Indian Direct Loan 
     Financing Account, and the Indian Guaranteed Loan Program 
     account) shall be available for expenses of exhibits.
       Notwithstanding any other provision of law, no funds 
     available to the Bureau of Indian Affairs for central office 
     oversight and Executive Direction and Administrative Services 
     (except executive direction and administrative services 
     funding for Tribal Priority Allocations, regional offices, 
     and facilities operations and maintenance) shall be available 
     for contracts, grants, compacts, or cooperative agreements 
     with the Bureau of Indian Affairs under the provisions of the 
     Indian Self-Determination Act or the Tribal

[[Page 5659]]

     Self-Governance Act of 1994 (Public Law 103-413).
       In the event any tribe returns appropriations made 
     available by this Act to the Bureau of Indian Affairs, this 
     action shall not diminish the Federal Government's trust 
     responsibility to that tribe, or the government-to-government 
     relationship between the United States and that tribe, or 
     that tribe's ability to access future appropriations.
       Notwithstanding any other provision of law, no funds 
     available to the Bureau, other than the amounts provided 
     herein for assistance to public schools under 25 U.S.C. 452 
     et seq., shall be available to support the operation of any 
     elementary or secondary school in the State of Alaska.
       Appropriations made available in this or any other Act for 
     schools funded by the Bureau shall be available only to the 
     schools in the Bureau school system as of September 1, 1996. 
     No funds available to the Bureau shall be used to support 
     expanded grades for any school or dormitory beyond the grade 
     structure in place or approved by the Secretary of the 
     Interior at each school in the Bureau school system as of 
     October 1, 1995. Funds made available under this Act may not 
     be used to establish a charter school at a Bureau-funded 
     school (as that term is defined in section 1146 of the 
     Education Amendments of 1978 (25 U.S.C. 2026)), except that a 
     charter school that is in existence on the date of the 
     enactment of this Act and that has operated at a Bureau-
     funded school before September 1, 1999, may continue to 
     operate during that period, but only if the charter school 
     pays to the Bureau a pro rata share of funds to reimburse the 
     Bureau for the use of the real and personal property 
     (including buses and vans), the funds of the charter school 
     are kept separate and apart from Bureau funds, and the Bureau 
     does not assume any obligation for charter school programs of 
     the State in which the school is located if the charter 
     school loses such funding. Employees of Bureau-funded schools 
     sharing a campus with a charter school and performing 
     functions related to the charter schools operation and 
     employees of a charter school shall not be treated as Federal 
     employees for purposes of chapter 171 of title 28, United 
     States Code.
       Notwithstanding any other provision of law, including 
     section 113 of title I of appendix C of Public Law 106-113, 
     if in fiscal year 2003 or 2004 a grantee received indirect 
     and administrative costs pursuant to a distribution formula 
     based on section 5(f) of Public Law 101-301, the Secretary 
     shall continue to distribute indirect and administrative cost 
     funds to such grantee using the section 5(f) distribution 
     formula.

                          Departmental Offices

                        Office of the Secretary


                         salaries and expenses

       For necessary expenses for management of the Department of 
     the Interior, $107,264,000; of which not to exceed $15,000 
     may be for official reception and representation expenses; 
     and of which up to $1,000,000 shall be available for workers 
     compensation payments and unemployment compensation payments 
     associated with the orderly closure of the United States 
     Bureau of Mines: Provided, That, for fiscal year 2009 up to 
     $400,000 of the payments authorized by the Act of October 20, 
     1976, as amended (31 U.S.C. 6901-6907) may be retained for 
     administrative expenses of the Payments in Lieu of Taxes 
     Program: Provided further, That no payment shall be made 
     pursuant to that Act to otherwise eligible units of local 
     government if the computed amount of the payment is less than 
     $100.

            Management of Federal Lands for Subsistence Uses


                              (rescission)

       The unobligated balances under this heading as of the date 
     of enactment of this provision are permanently rescinded.

                            Insular Affairs


                       Assistance to Territories

       For expenses necessary for assistance to territories under 
     the jurisdiction of the Department of the Interior, 
     $78,665,000, of which: (1) $69,815,000 shall remain available 
     until expended for technical assistance, including 
     maintenance assistance, disaster assistance, insular 
     management controls, coral reef initiative activities, and 
     brown tree snake control and research; grants to the 
     judiciary in American Samoa for compensation and expenses, as 
     authorized by law (48 U.S.C. 1661(c)); grants to the 
     Government of American Samoa, in addition to current local 
     revenues, for construction and support of governmental 
     functions; grants to the Government of the Virgin Islands as 
     authorized by law; grants to the Government of Guam, as 
     authorized by law; and grants to the Government of the 
     Northern Mariana Islands as authorized by law (Public Law 94-
     241; 90 Stat. 272); and (2) $8,850,000 shall be available 
     until September 30, 2010 for salaries and expenses of the 
     Office of Insular Affairs: Provided, That all financial 
     transactions of the territorial and local governments herein 
     provided for, including such transactions of all agencies or 
     instrumentalities established or used by such governments, 
     may be audited by the Government Accountability Office, at 
     its discretion, in accordance with chapter 35 of title 31, 
     United States Code: Provided further, That Northern Mariana 
     Islands Covenant grant funding shall be provided according to 
     those terms of the Agreement of the Special Representatives 
     on Future United States Financial Assistance for the Northern 
     Mariana Islands approved by Public Law 104-134: Provided 
     further, That of the amounts provided for technical 
     assistance, sufficient funds shall be made available for a 
     grant to the Pacific Basin Development Council: Provided 
     further, That of the amounts provided for technical 
     assistance, sufficient funding shall be made available for a 
     grant to the Close Up Foundation: Provided further, That the 
     funds for the program of operations and maintenance 
     improvement are appropriated to institutionalize routine 
     operations and maintenance improvement of capital 
     infrastructure with territorial participation and cost 
     sharing to be determined by the Secretary based on the 
     grantee's commitment to timely maintenance of its capital 
     assets: Provided further, That any appropriation for disaster 
     assistance under this heading in this Act or previous 
     appropriations Acts may be used as non-Federal matching funds 
     for the purpose of hazard mitigation grants provided pursuant 
     to section 404 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170c).


                      compact of free association

       For grants and necessary expenses, $5,318,000, to remain 
     available until expended, as provided for in sections 
     221(a)(2), 221(b), and 233 of the Compact of Free Association 
     for the Republic of Palau; and section 221(a)(2) of the 
     Compacts of Free Association for the Government of the 
     Republic of the Marshall Islands and the Federated States of 
     Micronesia, as authorized by Public Law 99-658 and Public Law 
     108-188.

                        Office of the Solicitor

                         salaries and expenses

       For necessary expenses of the Office of the Solicitor, 
     $62,050,000.

                      Office of Inspector General


                         salaries and expenses

       For necessary expenses of the Office of Inspector General, 
     $45,953,000.

           Office of the Special Trustee for American Indians


                         federal trust programs

                     (including transfer of funds)

       For the operation of trust programs for Indians by direct 
     expenditure, contracts, cooperative agreements, compacts, and 
     grants, $181,648,000, to remain available until expended, of 
     which not to exceed $56,445,000 from this or any other Act, 
     shall be available for historical accounting: Provided, That 
     funds for trust management improvements and litigation 
     support may, as needed, be transferred to or merged with the 
     Bureau of Indian Affairs, ``Operation of Indian Programs'' 
     account; the Office of the Solicitor, ``Salaries and 
     Expenses'' account; and the Office of the Secretary, 
     ``Salaries and Expenses'' account: Provided further, That 
     funds made available through contracts or grants obligated 
     during fiscal year 2009, as authorized by the Indian Self-
     Determination Act of 1975 (25 U.S.C. 450 et seq.), shall 
     remain available until expended by the contractor or grantee: 
     Provided further, That, notwithstanding any other provision 
     of law, the statute of limitations shall not commence to run 
     on any claim, including any claim in litigation pending on 
     the date of the enactment of this Act, concerning losses to 
     or mismanagement of trust funds, until the affected tribe or 
     individual Indian has been furnished with an accounting of 
     such funds from which the beneficiary can determine whether 
     there has been a loss: Provided further, That, 
     notwithstanding any other provision of law, the Secretary 
     shall not be required to provide a quarterly statement of 
     performance for any Indian trust account that has not had 
     activity for at least 18 months and has a balance of $15.00 
     or less: Provided further, That the Secretary shall issue an 
     annual account statement and maintain a record of any such 
     accounts and shall permit the balance in each such account to 
     be withdrawn upon the express written request of the account 
     holder: Provided further, That not to exceed $50,000 is 
     available for the Secretary to make payments to correct 
     administrative errors of either disbursements from or 
     deposits to Individual Indian Money or Tribal accounts after 
     September 30, 2002: Provided further, That erroneous payments 
     that are recovered shall be credited to and remain available 
     in this account for this purpose: Provided further, That not 
     to exceed $6,000,000 may be transferred from unobligated 
     balances (Treasury Accounts 14X6039, 14X6803 and 14X8030) for 
     the purpose of one-time accounting reconciliations of the 
     balances, as sanctioned by the Chief Financial Officers Act 
     of 1990, American Indian Trust Fund Management Reform Act of 
     1994 and the Federal Managers' Financial Integrity Act 
     (FMFIA).

                        Department-wide Programs


                        wildland fire management

                     (including transfers of funds)

       For necessary expenses for fire preparedness, suppression 
     operations, fire science and research, emergency 
     rehabilitation, hazardous fuels reduction, and rural fire 
     assistance by the Department of the Interior,

[[Page 5660]]

     $859,453,000, to remain available until expended, of which 
     not to exceed $6,137,000 shall be for the renovation or 
     construction of fire facilities: Provided, That such funds 
     are also available for repayment of advances to other 
     appropriation accounts from which funds were previously 
     transferred for such purposes: Provided further, That persons 
     hired pursuant to 43 U.S.C. 1469 may be furnished subsistence 
     and lodging without cost from funds available from this 
     appropriation: Provided further, That notwithstanding 42 
     U.S.C. 1856d, sums received by a bureau or office of the 
     Department of the Interior for fire protection rendered 
     pursuant to 42 U.S.C. 1856 et seq., protection of United 
     States property, may be credited to the appropriation from 
     which funds were expended to provide that protection, and are 
     available without fiscal year limitation: Provided further, 
     That using the amounts designated under this title of this 
     Act, the Secretary of the Interior may enter into procurement 
     contracts, grants, or cooperative agreements, for hazardous 
     fuels reduction activities, and for training and monitoring 
     associated with such hazardous fuels reduction activities, on 
     Federal land, or on adjacent non-Federal land for activities 
     that benefit resources on Federal land: Provided further, 
     That the costs of implementing any cooperative agreement 
     between the Federal Government and any non-Federal entity may 
     be shared, as mutually agreed on by the affected parties: 
     Provided further, That notwithstanding requirements of the 
     Competition in Contracting Act, the Secretary, for purposes 
     of hazardous fuels reduction activities, may obtain maximum 
     practicable competition among: (1) local private, nonprofit, 
     or cooperative entities; (2) Youth Conservation Corps crews, 
     Public Lands Corps (Public Law 109-154), or related 
     partnerships with State, local, or non-profit youth groups; 
     (3) small or micro-businesses; or (4) other entities that 
     will hire or train locally a significant percentage, defined 
     as 50 percent or more, of the project workforce to complete 
     such contracts: Provided further, That in implementing this 
     section, the Secretary shall develop written guidance to 
     field units to ensure accountability and consistent 
     application of the authorities provided herein: Provided 
     further, That funds appropriated under this head may be used 
     to reimburse the United States Fish and Wildlife Service and 
     the National Marine Fisheries Service for the costs of 
     carrying out their responsibilities under the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and 
     conference, as required by section 7 of such Act, in 
     connection with wildland fire management activities: Provided 
     further, That the Secretary of the Interior may use wildland 
     fire appropriations to enter into non-competitive sole source 
     leases of real property with local governments, at or below 
     fair market value, to construct capitalized improvements for 
     fire facilities on such leased properties, including but not 
     limited to fire guard stations, retardant stations, and other 
     initial attack and fire support facilities, and to make 
     advance payments for any such lease or for construction 
     activity associated with the lease: Provided further, That 
     the Secretary of the Interior and the Secretary of 
     Agriculture may authorize the transfer of funds appropriated 
     for wildland fire management, in an aggregate amount not to 
     exceed $10,000,000, between the Departments when such 
     transfers would facilitate and expedite jointly funded 
     wildland fire management programs and projects: Provided 
     further, That funds provided for wildfire suppression shall 
     be available for support of Federal emergency response 
     actions.

                    central hazardous materials fund

       For necessary expenses of the Department of the Interior 
     and any of its component offices and bureaus for the remedial 
     action, including associated activities, of hazardous waste 
     substances, pollutants, or contaminants pursuant to the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act, as amended (42 U.S.C. 9601 et seq.), 
     $10,148,000, to remain available until expended.


           Natural Resource Damage Assessment and Restoration

                natural resource damage assessment fund

       To conduct natural resource damage assessment and 
     restoration activities by the Department of the Interior 
     necessary to carry out the provisions of the Comprehensive 
     Environmental Response, Compensation, and Liability Act, as 
     amended (42 U.S.C. 9601 et seq.), the Federal Water Pollution 
     Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil 
     Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and Public 
     Law 101-337, as amended (16 U.S.C. 19jj et seq.), $6,338,000, 
     to remain available until expended.


                          working capital fund

       For the acquisition of a departmental financial and 
     business management system, $73,435,000, to remain available 
     until expended: Provided, That none of the funds in this Act 
     or previous appropriations Acts may be used to establish 
     reserves in the Working Capital Fund account other than for 
     accrued annual leave and depreciation of equipment without 
     prior approval of the House and Senate Committees on 
     Appropriations.

                       administrative provisions

       There is hereby authorized for acquisition from available 
     resources within the Working Capital Fund, 15 aircraft, 10 of 
     which shall be for replacement and which may be obtained by 
     donation, purchase or through available excess surplus 
     property: Provided, That existing aircraft being replaced may 
     be sold, with proceeds derived or trade-in value used to 
     offset the purchase price for the replacement aircraft.

             General Provisions, Department of the Interior


                     (including transfers of funds)

       Sec. 101. Appropriations made in this title shall be 
     available for expenditure or transfer (within each bureau or 
     office), with the approval of the Secretary, for the 
     emergency reconstruction, replacement, or repair of aircraft, 
     buildings, utilities, or other facilities or equipment 
     damaged or destroyed by fire, flood, storm, or other 
     unavoidable causes: Provided, That no funds shall be made 
     available under this authority until funds specifically made 
     available to the Department of the Interior for emergencies 
     shall have been exhausted: Provided further, That all funds 
     used pursuant to this section must be replenished by a 
     supplemental appropriation which must be requested as 
     promptly as possible.
       Sec. 102. The Secretary may authorize the expenditure or 
     transfer of any no year appropriation in this title, in 
     addition to the amounts included in the budget programs of 
     the several agencies, for the suppression or emergency 
     prevention of wildland fires on or threatening lands under 
     the jurisdiction of the Department of the Interior; for the 
     emergency rehabilitation of burned-over lands under its 
     jurisdiction; for emergency actions related to potential or 
     actual earthquakes, floods, volcanoes, storms, or other 
     unavoidable causes; for contingency planning subsequent to 
     actual oil spills; for response and natural resource damage 
     assessment activities related to actual oil spills; for the 
     prevention, suppression, and control of actual or potential 
     grasshopper and Mormon cricket outbreaks on lands under the 
     jurisdiction of the Secretary, pursuant to the authority in 
     section 1773(b) of Public Law 99-198 (99 Stat. 1658); for 
     emergency reclamation projects under section 410 of Public 
     Law 95-87; and shall transfer, from any no year funds 
     available to the Office of Surface Mining Reclamation and 
     Enforcement, such funds as may be necessary to permit 
     assumption of regulatory authority in the event a primacy 
     State is not carrying out the regulatory provisions of the 
     Surface Mining Act: Provided, That appropriations made in 
     this title for wildland fire operations shall be available 
     for the payment of obligations incurred during the preceding 
     fiscal year, and for reimbursement to other Federal agencies 
     for destruction of vehicles, aircraft, or other equipment in 
     connection with their use for wildland fire operations, such 
     reimbursement to be credited to appropriations currently 
     available at the time of receipt thereof: Provided further, 
     That for wildland fire operations, no funds shall be made 
     available under this authority until the Secretary determines 
     that funds appropriated for ``wildland fire operations'' 
     shall be exhausted within 30 days: Provided further, That all 
     funds used pursuant to this section must be replenished by a 
     supplemental appropriation which must be requested as 
     promptly as possible: Provided further, That such 
     replenishment funds shall be used to reimburse, on a pro rata 
     basis, accounts from which emergency funds were transferred.
       Sec. 103. Appropriations made to the Department of the 
     Interior in this title shall be available for services as 
     authorized by 5 U.S.C. 3109, when authorized by the 
     Secretary, in total amount not to exceed $500,000; purchase 
     and replacement of motor vehicles, including specially 
     equipped law enforcement vehicles; hire, maintenance, and 
     operation of aircraft; hire of passenger motor vehicles; 
     purchase of reprints; payment for telephone service in 
     private residences in the field, when authorized under 
     regulations approved by the Secretary; and the payment of 
     dues, when authorized by the Secretary, for library 
     membership in societies or associations which issue 
     publications to members only or at a price to members lower 
     than to subscribers who are not members.
       Sec. 104. Appropriations made in this Act under the 
     headings Bureau of Indian Affairs and Office of the Special 
     Trustee for American Indians and any unobligated balances 
     from prior appropriations Acts made under the same headings 
     shall be available for expenditure or transfer for Indian 
     trust management and reform activities. Total funding for 
     historical accounting activities shall not exceed amounts 
     specifically designated in this Act for such purpose.
       Sec. 105. Notwithstanding any other provision of law, the 
     Secretary of the Interior is authorized to redistribute any 
     Tribal Priority Allocation funds, including tribal base 
     funds, to alleviate tribal funding inequities by transferring 
     funds to address identified, unmet needs, dual enrollment, 
     overlapping service areas or inaccurate distribution 
     methodologies. No tribe shall receive a reduction in Tribal 
     Priority Allocation funds of more than 10 percent in fiscal 
     year 2009. Under circumstances of dual enrollment, 
     overlapping service areas or inaccurate distribution 
     methodologies, the 10 percent limitation does not apply.

[[Page 5661]]

       Sec. 106. Notwithstanding any other provision of law, in 
     conveying the Twin Cities Research Center under the authority 
     provided by Public Law 104-134, as amended by Public Law 104-
     208, the Secretary may accept and retain land and other forms 
     of reimbursement: Provided, That the Secretary may retain and 
     use any such reimbursement until expended and without further 
     appropriation: (1) for the benefit of the National Wildlife 
     Refuge System within the State of Minnesota; and (2) for all 
     activities authorized by 16 U.S.C. 460zz.
       Sec. 107. The Secretary of the Interior may use 
     discretionary funds to pay private attorney fees and costs 
     for employees and former employees of the Department of the 
     Interior reasonably incurred in connection with Cobell v. 
     Kempthorne to the extent that such fees and costs are not 
     paid by the Department of Justice or by private insurance. In 
     no case shall the Secretary make payments under this section 
     that would result in payment of hourly fees in excess of the 
     highest hourly rate approved by the District Court for the 
     District of Columbia for counsel in Cobell v. Kempthorne.
       Sec. 108. The United States Fish and Wildlife Service 
     shall, in carrying out its responsibilities to protect 
     threatened and endangered species of salmon, implement a 
     system of mass marking of salmonid stocks, intended for 
     harvest, that are released from federally operated or 
     federally financed hatcheries including but not limited to 
     fish releases of coho, chinook, and steelhead species. Marked 
     fish must have a visible mark that can be readily identified 
     by commercial and recreational fishers.
       Sec. 109. No funds appropriated for the Department of the 
     Interior by this Act or any other Act shall be used to study 
     or implement any plan to drain Lake Powell or to reduce the 
     water level of the lake below the range of water levels 
     required for the operation of the Glen Canyon Dam.
       Sec. 110. Notwithstanding any other provision of law, the 
     Secretary of the Interior is authorized to acquire lands, 
     waters, or interests therein including the use of all or part 
     of any pier, dock, or landing within the State of New York 
     and the State of New Jersey, for the purpose of operating and 
     maintaining facilities in the support of transportation and 
     accommodation of visitors to Ellis, Governors, and Liberty 
     Islands, and of other program and administrative activities, 
     by donation or with appropriated funds, including franchise 
     fees (and other monetary consideration), or by exchange; and 
     the Secretary is authorized to negotiate and enter into 
     leases, subleases, concession contracts or other agreements 
     for the use of such facilities on such terms and conditions 
     as the Secretary may determine reasonable.
       Sec. 111. Title 43 U.S.C. 1473, as amended by Public Law 
     110-161, is further amended by deleting the phrase ``in 
     fiscal year 2008 only'' and inserting in lieu thereof ``in 
     fiscal years 2008 and 2009 only''.
       Sec. 112. No funds appropriated or otherwise made available 
     to the Department of the Interior may be used, in relation to 
     any proposal to store water for the purpose of export, for 
     approval of any right-of-way or similar authorization on the 
     Mojave National Preserve or lands managed by the Needles 
     Field Office of the Bureau of Land Management, or for 
     carrying out any activities associated with such right-of-way 
     or similar approval.
       Sec. 113. The Secretary of the Interior may enter into 
     cooperative agreements with a State or political subdivision 
     (including any agency thereof), or any not-for-profit 
     organization if the agreement will: (1) serve a mutual 
     interest of the parties to the agreement in carrying out the 
     programs administered by the Department of the Interior; and 
     (2) all parties will contribute resources to the 
     accomplishment of these objectives. At the discretion of the 
     Secretary, such agreements shall not be subject to a 
     competitive process.
       Sec. 114. Funds provided in this Act for Federal land 
     acquisition by the National Park Service for Shenandoah 
     Valley Battlefields National Historic District and Ice Age 
     National Scenic Trail may be used for a grant to a State, a 
     local government, or any other land management entity for the 
     acquisition of lands without regard to any restriction on the 
     use of Federal land acquisition funds provided through the 
     Land and Water Conservation Fund Act of 1965 as amended.
       Sec. 115. Sections 109 and 110 of the Federal Oil and Gas 
     Royalty Management Act (30 U.S.C. 1719 and 1720) shall apply 
     to any lease authorizing exploration for or development of 
     coal, any other solid mineral, or any geothermal resource on 
     any Federal or Indian lands and any lease, easement, right of 
     way, or other agreement, regardless of form, for use of the 
     Outer Continental Shelf or any of its resources under 
     sections 8(k) or 8(p) of the Outer Continental Shelf Lands 
     Act (43 U.S.C. 1337(k) and 1337(p)) to the same extent as if 
     such lease, easement, right of way, or other agreement, 
     regardless of form, were an oil and gas lease, except that in 
     such cases the term ``royalty payment'' shall include any 
     payment required by such lease, easement, right of way or 
     other agreement, regardless of form, or by applicable 
     regulation.
       Sec. 116. The Pittsford National Fish Hatchery in 
     Chittenden, Vermont is hereby renamed the Dwight D. 
     Eisenhower National Fish Hatchery.
       Sec. 117. Section 6 of the Great Sand Dunes National Park 
     and Preserve Act of 2000 (16 U.S.C. 410hhh-4) is amended--
       (1) in subsection (a)--
       (A) by striking ``(a) Establishment.--(1) When'' and 
     inserting the following:
       ``(a) Establishment and Purpose.--
       ``(1) Establishment.--
       ``(A) In general.--When'';
       (B) in paragraph (2), by striking ``(2) Such 
     establishment'' and inserting the following:
       ``(B) Effective date.--The establishment of the refuge 
     under subparagraph (A)''; and
       (C) by adding at the end the following:
       ``(2) Purpose.--The purpose of the Baca National Wildlife 
     Refuge shall be to restore, enhance, and maintain wetland, 
     upland, riparian, and other habitats for native wildlife, 
     plant, and fish species in the San Luis Valley.'';
       (2) in subsection (c)--
       (A) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary''; and
       (B) by adding at the end the following:
       ``(2) Requirements.--In administering the Baca National 
     Wildlife Refuge, the Secretary shall, to the maximum extent 
     practicable--
       ``(A) emphasize migratory bird conservation; and
       ``(B) take into consideration the role of the Refuge in 
     broader landscape conservation efforts.''; and
       (3) in subsection (d)--
       (A) in paragraph (1), by striking ``and'' at the end;
       (B) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(3) subject to any agreement in existence as of the date 
     of enactment of this paragraph, and to the extent consistent 
     with the purposes of the Refuge, use decreed water rights on 
     the Refuge in approximately the same manner that the water 
     rights have been used historically.''.
       Sec. 118. None of the funds in this Act may be used to 
     further reduce the number of Axis or Fallow deer at Point 
     Reyes National Seashore below the number as of the date of 
     enactment of this Act.

                                TITLE II

                    ENVIRONMENTAL PROTECTION AGENCY

                         Science and Technology

       For science and technology, including research and 
     development activities, which shall include research and 
     development activities under the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980, as 
     amended; necessary expenses for personnel and related costs 
     and travel expenses; procurement of laboratory equipment and 
     supplies; and other operating expenses in support of research 
     and development, $790,051,000, to remain available until 
     September 30, 2010.

                 Environmental Programs and Management

       For environmental programs and management, including 
     necessary expenses, not otherwise provided for, for personnel 
     and related costs and travel expenses; hire of passenger 
     motor vehicles; hire, maintenance, and operation of aircraft; 
     purchase of reprints; library memberships in societies or 
     associations which issue publications to members only or at a 
     price to members lower than to subscribers who are not 
     members; administrative costs of the brownfields program 
     under the Small Business Liability Relief and Brownfields 
     Revitalization Act of 2002; and not to exceed $19,000 for 
     official reception and representation expenses, 
     $2,392,079,000, to remain available until September 30, 2010: 
     Provided, That of the funds included under this heading, not 
     less than $95,846,000 shall be for the Geographic Programs 
     specified in the explanatory statement described in section 4 
     (in the matter preceding division A of this consolidated 
     Act).

                      Office of Inspector General

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, $44,791,000, to remain available until 
     September 30, 2010.

                        Buildings and Facilities

       For construction, repair, improvement, extension, 
     alteration, and purchase of fixed equipment or facilities of, 
     or for use by, the Environmental Protection Agency, 
     $35,001,000, to remain available until expended.

                     Hazardous Substance Superfund


                     (including transfers of funds)

       For necessary expenses to carry out the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (CERCLA), as amended, including sections 111(c)(3), 
     (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611) $1,285,024,000, 
     to remain available until expended, consisting of such sums 
     as are available in the Trust Fund on September 30, 2008, as 
     authorized by section 517(a) of the Superfund Amendments and 
     Reauthorization Act of 1986 (SARA) and up to $1,285,024,000 
     as a payment from general revenues to the Hazardous Substance 
     Superfund for purposes as authorized by section 517(b) of 
     SARA, as amended: Provided, That funds appropriated under 
     this heading may be allocated to other Federal agencies in 
     accordance with section

[[Page 5662]]

     111(a) of CERCLA: Provided further, That of the funds 
     appropriated under this heading, $9,975,000 shall be paid to 
     the ``Office of Inspector General'' appropriation to remain 
     available until September 30, 2010, and $26,417,000 shall be 
     paid to the ``Science and Technology'' appropriation to 
     remain available until September 30, 2010.

          Leaking Underground Storage Tank Trust Fund Program

       For necessary expenses to carry out leaking underground 
     storage tank cleanup activities authorized by subtitle I of 
     the Solid Waste Disposal Act, as amended, $112,577,000, to 
     remain available until expended, of which $77,077,000 shall 
     be for carrying out leaking underground storage tank cleanup 
     activities authorized by section 9003(h) of the Solid Waste 
     Disposal Act, as amended; $35,500,000 shall be for carrying 
     out the other provisions of the Solid Waste Disposal Act 
     specified in section 9508(c) of the Internal Revenue Code, as 
     amended: Provided, That the Administrator is authorized to 
     use appropriations made available under this heading to 
     implement section 9013 of the Solid Waste Disposal Act to 
     provide financial assistance to federally recognized Indian 
     tribes for the development and implementation of programs to 
     manage underground storage tanks.

                           Oil Spill Response

       For expenses necessary to carry out the Environmental 
     Protection Agency's responsibilities under the Oil Pollution 
     Act of 1990, $17,687,000, to be derived from the Oil Spill 
     Liability trust fund, to remain available until expended.

                   State and Tribal Assistance Grants

       For environmental programs and infrastructure assistance, 
     including capitalization grants for State revolving funds and 
     performance partnership grants, $2,968,464,000, to remain 
     available until expended, of which $689,080,000 shall be for 
     making capitalization grants for the Clean Water State 
     Revolving Funds under title VI of the Federal Water Pollution 
     Control Act, as amended (the ``Act''); of which up to 
     $75,000,000 shall be available for loans, including interest 
     free loans as authorized by 33 U.S.C. 1383(d)(1)(A), to 
     municipal, inter-municipal, interstate, or State agencies or 
     nonprofit entities for projects that provide treatment for or 
     that minimize sewage or stormwater discharges using one or 
     more approaches which include, but are not limited to, 
     decentralized or distributed stormwater controls, 
     decentralized wastewater treatment, low-impact development 
     practices, conservation easements, stream buffers, or 
     wetlands restoration; $829,029,000 shall be for 
     capitalization grants for the Drinking Water State Revolving 
     Funds under section 1452 of the Safe Drinking Water Act, as 
     amended; $20,000,000 shall be for architectural, engineering, 
     planning, design, construction and related activities in 
     connection with the construction of high priority water and 
     wastewater facilities in the area of the United States-Mexico 
     Border, after consultation with the appropriate border 
     commission; $18,500,000 shall be for grants to the State of 
     Alaska to address drinking water and waste infrastructure 
     needs of rural and Alaska Native Villages: Provided, That, of 
     these funds: (1) the State of Alaska shall provide a match of 
     25 percent; (2) no more than 5 percent of the funds may be 
     used for administrative and overhead expenses; and (3) the 
     State of Alaska shall make awards consistent with the State-
     wide priority list established in conjunction with the Agency 
     and the U.S. Department of Agriculture for all water, sewer, 
     waste disposal, and similar projects carried out by the State 
     of Alaska that are funded under section 221 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1301) or the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et 
     seq.) which shall allocate not less than 25 percent of the 
     funds provided for projects in regional hub communities; 
     $145,000,000 shall be for making special project grants for 
     the construction of drinking water, wastewater and storm 
     water infrastructure and for water quality protection in 
     accordance with the terms and conditions specified for such 
     grants in the explanatory statement described in section 4 
     (in the matter preceding division A of this consolidated 
     Act), and, for purposes of these grants, each grantee shall 
     contribute not less than 45 percent of the cost of the 
     project unless the grantee is approved for a waiver by the 
     Agency; $97,000,000 shall be to carry out section 104(k) of 
     the Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (CERCLA), as amended, including grants, 
     interagency agreements, and associated program support costs; 
     $60,000,000 shall be for grants under title VII, subtitle G 
     of the Energy Policy Act of 2005, as amended; $15,000,000 
     shall be for grants for cost-effective emission reduction 
     projects in accordance with the terms and conditions of the 
     explanatory statement described in section 4 (in the matter 
     preceding division A of this consolidated Act); and 
     $1,094,855,000 shall be for grants, including associated 
     program support costs, to States, federally recognized 
     tribes, interstate agencies, tribal consortia, and air 
     pollution control agencies for multi-media or single media 
     pollution prevention, control and abatement and related 
     activities, including activities pursuant to the provisions 
     set forth under this heading in Public Law 104-134, and for 
     making grants under section 103 of the Clean Air Act for 
     particulate matter monitoring and data collection activities 
     subject to terms and conditions specified by the 
     Administrator, of which $49,495,000 shall be for carrying out 
     section 128 of CERCLA, as amended, $10,000,000 shall be for 
     Environmental Information Exchange Network grants, including 
     associated program support costs, $18,500,000 of the funds 
     available for grants under section 106 of the Act shall be 
     for water quality monitoring activities, $10,000,000 shall be 
     for competitive grants to communities to develop plans and 
     demonstrate and implement projects which reduce greenhouse 
     gas emissions, and, in addition to funds appropriated under 
     the heading ``Leaking Underground Storage Tank Trust Fund 
     Program'' to carry out the provisions of the Solid Waste 
     Disposal Act specified in section 9508(c) of the Internal 
     Revenue Code other than section 9003(h) of the Solid Waste 
     Disposal Act, as amended, $2,500,000 shall be for grants to 
     States under section 2007(f)(2) of the Solid Waste Disposal 
     Act, as amended: Provided further, That notwithstanding 
     section 603(d)(7) of the Federal Water Pollution Control Act, 
     the limitation on the amounts in a State water pollution 
     control revolving fund that may be used by a State to 
     administer the fund shall not apply to amounts included as 
     principal in loans made by such fund in fiscal year 2009 and 
     prior years where such amounts represent costs of 
     administering the fund to the extent that such amounts are or 
     were deemed reasonable by the Administrator, accounted for 
     separately from other assets in the fund, and used for 
     eligible purposes of the fund, including administration: 
     Provided further, That for fiscal year 2009, and 
     notwithstanding section 518(f) of the Act, the Administrator 
     is authorized to use the amounts appropriated for any fiscal 
     year under section 319 of that Act to make grants to 
     federally recognized Indian tribes pursuant to sections 
     319(h) and 518(e) of that Act: Provided further, That for 
     fiscal year 2009, notwithstanding the limitation on amounts 
     in section 518(c) of the Act, up to a total of 1\1/2\ percent 
     of the funds appropriated for State Revolving Funds under 
     title VI of that Act may be reserved by the Administrator for 
     grants under section 518(c) of that Act: Provided further, 
     That no funds provided by this appropriations Act to address 
     the water, wastewater and other critical infrastructure needs 
     of the colonias in the United States along the United States-
     Mexico border shall be made available to a county or 
     municipal government unless that government has established 
     an enforceable local ordinance, or other zoning rule, which 
     prevents in that jurisdiction the development or construction 
     of any additional colonia areas, or the development within an 
     existing colonia the construction of any new home, business, 
     or other structure which lacks water, wastewater, or other 
     necessary infrastructure.

       Administrative Provisions, Environmental Protection Agency


                    (including rescission of funds)

       For fiscal year 2009, notwithstanding 31 U.S.C. 6303(1) and 
     6305(1), the Administrator of the Environmental Protection 
     Agency, in carrying out the Agency's function to implement 
     directly Federal environmental programs required or 
     authorized by law in the absence of an acceptable tribal 
     program, may award cooperative agreements to federally 
     recognized Indian Tribes or Intertribal consortia, if 
     authorized by their member Tribes, to assist the 
     Administrator in implementing Federal environmental programs 
     for Indian Tribes required or authorized by law, except that 
     no such cooperative agreements may be awarded from funds 
     designated for State financial assistance agreements.
       The Administrator of the Environmental Protection Agency is 
     authorized to collect and obligate pesticide registration 
     service fees in accordance with section 33 of the Federal 
     Insecticide, Fungicide, and Rodenticide Act, as amended by 
     Public Law 110-94, the Pesticide Registration Improvement 
     Renewal Act.
       For fiscal year 2009 and thereafter, the Science and 
     Technology and Environmental Programs and Management Accounts 
     are available for uniforms, or allowances therefore, as 
     authorized by 5 U.S.C. 5901-02 and for services as authorized 
     by 5 U.S.C. 3109, but at rates for individuals not to exceed 
     the daily equivalent of the rate paid for level IV of the 
     Executive Schedule. Unless specifically authorized by law, 
     for fiscal year 2009 and thereafter, none of the funds 
     available under this title for grants may be used to pay for 
     the salaries of individual consultants at more than the daily 
     equivalent of the rate paid for level IV of the Executive 
     Schedule.
       None of the funds made available by this Act may be used in 
     contravention of, or to delay the implementation of, 
     Executive Order No. 12898 of February 11, 1994 (59 Fed. Reg. 
     7629; relating to Federal actions to address environmental 
     justice in minority populations and low-income populations).
       Title II of Public Law 109-54, under the heading 
     Administrative Provisions, is amended: in the fourth 
     paragraph, strike ``make not to exceed five appointments in 
     any fiscal year under the authority provided in 42 U.S.C. 209 
     for the Office of Research and Development'' and insert 
     ``employ up to thirty persons at any one time in the Office 
     of

[[Page 5663]]

     Research and Development under the authority provided in 42 
     U.S.C. 209''.
       From unobligated balances to carry out projects and 
     activities funded through the State and Tribal Assistance 
     Grants Account, $10,000,000 are permanently rescinded.
       Of the funds provided in the Environmental Programs and 
     Management Account, not less than $6,500,000 shall be used 
     for activities to develop and publish a final rule not later 
     than June 26, 2009, and to begin implementation, to require 
     mandatory reporting of greenhouse gas emissions above 
     appropriate thresholds in all sectors of the economy of the 
     United States, as required by Public Law 110-161.
       For fiscal year 2009 and thereafter, the Science and 
     Technology, Environmental Programs and Management, Office of 
     Inspector General, Hazardous Substance Superfund, and Leaking 
     Underground Storage Tank Trust Fund Program Accounts, are 
     available for the construction, alteration, repair, 
     rehabilitation, and renovation of facilities provided that 
     the cost does not exceed $85,000 per project.

                               TITLE III

                            RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                     forest and rangeland research

       For necessary expenses of forest and rangeland research as 
     authorized by law, $296,380,000, to remain available until 
     expended: Provided, That of the funds provided, $60,770,000 
     is for the forest inventory and analysis program.

                       state and private forestry

       For necessary expenses of cooperating with and providing 
     technical and financial assistance to States, territories, 
     possessions, and others, and for forest health management, 
     including treatments of pests, pathogens, and invasive or 
     noxious plants and for restoring and rehabilitating forests 
     damaged by pests or invasive plants, cooperative forestry, 
     and education and land conservation activities and conducting 
     an international program as authorized, $265,861,000, to 
     remain available until expended, as authorized by law; and of 
     which $49,445,000 is to be derived from the Land and Water 
     Conservation Fund.


                         National Forest System

                    (including rescission of funds)

       For necessary expenses of the Forest Service, not otherwise 
     provided for, for management, protection, improvement, and 
     utilization of the National Forest System, $1,514,805,000, to 
     remain available until expended, which shall include 50 
     percent of all moneys received during prior fiscal years as 
     fees collected under the Land and Water Conservation Fund Act 
     of 1965, as amended, in accordance with section 4 of the Act 
     (16 U.S.C. 460l-6a(i)): Provided, That of the unobligated 
     balances in this account, $5,000,000 are rescinded.

                  capital improvement and maintenance


                     (including transfer of funds)

       For necessary expenses of the Forest Service, not otherwise 
     provided for, $495,393,000, to remain available until 
     expended, for construction, capital improvement, maintenance 
     and acquisition of buildings and other facilities and 
     infrastructure; and for construction, capital improvement, 
     decommissioning, and maintenance of forest roads and trails 
     by the Forest Service as authorized by 16 U.S.C. 532-538 and 
     23 U.S.C. 101 and 205: Provided, That $50,000,000 shall be 
     designated for urgently needed road decommissioning, road and 
     trail repair and maintenance and associated activities, and 
     removal of fish passage barriers, especially in areas where 
     Forest Service roads may be contributing to water quality 
     problems in streams and water bodies which support 
     threatened, endangered or sensitive species or community 
     water sources: Provided further, That up to $40,000,000 of 
     the funds provided herein for road maintenance shall be 
     available for the decommissioning of roads, including 
     unauthorized roads not part of the transportation system, 
     which are no longer needed: Provided further, That no funds 
     shall be expended to decommission any system road until 
     notice and an opportunity for public comment has been 
     provided on each decommissioning project: Provided further, 
     That the decommissioning of unauthorized roads not part of 
     the official transportation system shall be expedited in 
     response to threats to public safety, water quality, or 
     natural resources: Provided further, That funds becoming 
     available in fiscal year 2009 under the Act of March 4, 1913 
     (16 U.S.C. 501) shall be transferred to the General Fund of 
     the Treasury and shall not be available for transfer or 
     obligation for any other purpose unless the funds are 
     appropriated.


                            land acquisition

       For expenses necessary to carry out the provisions of the 
     Land and Water Conservation Fund Act of 1965, as amended (16 
     U.S.C. 460l-4 through 11), including administrative expenses, 
     and for acquisition of land or waters, or interest therein, 
     in accordance with statutory authority applicable to the 
     Forest Service, $49,775,000, to be derived from the Land and 
     Water Conservation Fund and to remain available until 
     expended.


         acquisition of lands for national forests special acts

       For acquisition of lands within the exterior boundaries of 
     the Cache, Uinta, and Wasatch National Forests, Utah; the 
     Toiyabe National Forest, Nevada; and the Angeles, San 
     Bernardino, Sequoia, and Cleveland National Forests, 
     California, as authorized by law, $1,050,000, to be derived 
     from forest receipts.

            acquisition of lands to complete land exchanges

       For acquisition of lands, such sums, to be derived from 
     funds deposited by State, county, or municipal governments, 
     public school districts, or other public school authorities, 
     and for authorized expenditures from funds deposited by non-
     Federal parties pursuant to Land Sale and Exchange Acts, 
     pursuant to the Act of December 4, 1967, as amended (16 
     U.S.C. 484a), to remain available until expended. (16 U.S.C. 
     4601-516-617a, 555a; Public Law 96-586; Public Law 76-589, 
     76-591; and 78-310).


                         range betterment fund

       For necessary expenses of range rehabilitation, protection, 
     and improvement, 50 percent of all moneys received during the 
     prior fiscal year, as fees for grazing domestic livestock on 
     lands in National Forests in the 16 Western States, pursuant 
     to section 401(b)(1) of Public Law 94-579, as amended, to 
     remain available until expended, of which not to exceed 6 
     percent shall be available for administrative expenses 
     associated with on-the-ground range rehabilitation, 
     protection, and improvements.


    gifts, donations and bequests for forest and rangeland research

       For expenses authorized by 16 U.S.C. 1643(b), $50,000, to 
     remain available until expended, to be derived from the fund 
     established pursuant to the above Act.


        management of national forest lands for subsistence uses

       For necessary expenses of the Forest Service to manage 
     Federal lands in Alaska for subsistence uses under title VIII 
     of the Alaska National Interest Lands Conservation Act 
     (Public Law 96-487), $5,000,000, to remain available until 
     expended.


                        wildland fire management

                     (including transfers of funds)

       For necessary expenses for forest fire presuppression 
     activities on National Forest System lands, for emergency 
     fire suppression on or adjacent to such lands or other lands 
     under fire protection agreement, hazardous fuels reduction on 
     or adjacent to such lands, and for emergency rehabilitation 
     of burned-over National Forest System lands and water, 
     $2,131,630,000, to remain available until expended: Provided, 
     That such funds including unobligated balances under this 
     heading, are available for repayment of advances from other 
     appropriations accounts previously transferred for such 
     purposes: Provided further, That such funds shall be 
     available to reimburse State and other cooperating entities 
     for services provided in response to wildfire and other 
     emergencies or disasters to the extent such reimbursements by 
     the Forest Service for non-fire emergencies are fully repaid 
     by the responsible emergency management agency: Provided 
     further, That, notwithstanding any other provision of law, 
     $8,000,000 of funds appropriated under this appropriation 
     shall be used for Fire Science Research in support of the 
     Joint Fire Science Program: Provided further, That all 
     authorities for the use of funds, including the use of 
     contracts, grants, and cooperative agreements, available to 
     execute the Forest and Rangeland Research appropriation, are 
     also available in the utilization of these funds for Fire 
     Science Research: Provided further, That funds provided shall 
     be available for emergency rehabilitation and restoration, 
     hazardous fuels reduction activities in the urban-wildland 
     interface, support to Federal emergency response, and 
     wildfire suppression activities of the Forest Service: 
     Provided further, That of the funds provided, $328,086,000 is 
     for hazardous fuels reduction activities, $11,500,000 is for 
     rehabilitation and restoration, $23,917,000 is for research 
     activities and to make competitive research grants pursuant 
     to the Forest and Rangeland Renewable Resources Research Act, 
     as amended (16 U.S.C. 1641 et seq.), $55,000,000 is for State 
     fire assistance, $9,000,000 is for volunteer fire assistance, 
     $17,252,000 is for forest health activities on Federal lands 
     and $9,928,000 is for forest health activities on State and 
     private lands: Provided further, That amounts in this 
     paragraph may be transferred to the ``State and Private 
     Forestry'', ``National Forest System'', and ``Forest and 
     Rangeland Research'' accounts to fund State fire assistance, 
     volunteer fire assistance, forest health management, forest 
     and rangeland research, the Joint Fire Science Program, 
     vegetation and watershed management, heritage site 
     rehabilitation, and wildlife and fish habitat management and 
     restoration: Provided further, That up to $15,000,000 of the 
     funds provided under this heading for hazardous fuels 
     treatments may be transferred to and made a part of the 
     ``National Forest System'' account at the sole discretion of 
     the Chief of the Forest Service 30 days after notifying the 
     House and the Senate Committees on Appropriations: Provided 
     further, That the costs of implementing any cooperative 
     agreement between

[[Page 5664]]

     the Federal Government and any non-Federal entity may be 
     shared, as mutually agreed on by the affected parties: 
     Provided further, That in addition to funds provided for 
     State Fire Assistance programs, and subject to all 
     authorities available to the Forest Service under the State 
     and Private Forestry Appropriation, up to $15,000,000 may be 
     used on adjacent non-Federal lands for the purpose of 
     protecting communities when hazard reduction activities are 
     planned on national forest lands that have the potential to 
     place such communities at risk: Provided further, That funds 
     made available to implement the Community Forest Restoration 
     Act, Public Law 106-393, title VI, shall be available for use 
     on non-Federal lands in accordance with authorities available 
     to the Forest Service under the State and Private Forestry 
     Appropriation: Provided further, That the Secretary of the 
     Interior and the Secretary of Agriculture may authorize the 
     transfer of funds appropriated for wildland fire management, 
     in an aggregate amount not to exceed $10,000,000, between the 
     Departments when such transfers would facilitate and expedite 
     jointly funded wildland fire management programs and 
     projects: Provided further, That of the funds provided for 
     hazardous fuels reduction, not to exceed $5,000,000, may be 
     used to make grants, using any authorities available to the 
     Forest Service under the State and Private Forestry 
     appropriation, for the purpose of creating incentives for 
     increased use of biomass from national forest lands: Provided 
     further, That funds designated for wildfire suppression shall 
     be assessed for cost pools on the same basis as such 
     assessments are calculated against other agency programs.


               Administrative Provisions, Forest Service

       Appropriations to the Forest Service for the current fiscal 
     year shall be available for: (1) purchase of passenger motor 
     vehicles; acquisition of passenger motor vehicles from excess 
     sources, and hire of such vehicles; purchase, lease, 
     operation, maintenance, and acquisition of aircraft from 
     excess sources to maintain the operable fleet for use in 
     Forest Service wildland fire programs and other Forest 
     Service programs; notwithstanding other provisions of law, 
     existing aircraft being replaced may be sold, with proceeds 
     derived or trade-in value used to offset the purchase price 
     for the replacement aircraft; (2) services pursuant to 7 
     U.S.C. 2225, and not to exceed $100,000 for employment under 
     5 U.S.C. 3109; (3) purchase, erection, and alteration of 
     buildings and other public improvements (7 U.S.C. 2250); (4) 
     acquisition of land, waters, and interests therein pursuant 
     to 7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers 
     in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, and 
     558a note); (6) the cost of uniforms as authorized by 5 
     U.S.C. 5901-5902; and (7) for debt collection contracts in 
     accordance with 31 U.S.C. 3718(c).
       Any appropriations or funds available to the Forest Service 
     may be transferred to the Wildland Fire Management 
     appropriation for forest firefighting, emergency 
     rehabilitation of burned-over or damaged lands or waters 
     under its jurisdiction, and fire preparedness due to severe 
     burning conditions upon notification of the House and Senate 
     Committees on Appropriations and if and only if all 
     previously appropriated emergency contingent funds under the 
     heading ``Wildland Fire Management'' have been released by 
     the President and apportioned and all wildfire suppression 
     funds under the heading ``Wildland Fire Management'' are 
     obligated.
       Funds appropriated to the Forest Service shall be available 
     for assistance to or through the Agency for International 
     Development in connection with forest and rangeland research, 
     technical information, and assistance in foreign countries, 
     and shall be available to support forestry and related 
     natural resource activities outside the United States and its 
     territories and possessions, including technical assistance, 
     education and training, and cooperation with United States 
     and international organizations.
       None of the funds made available to the Forest Service in 
     this Act or any other Act with respect to any fiscal year 
     shall be subject to transfer under the provisions of section 
     702(b) of the Department of Agriculture Organic Act of 1944 
     (7 U.S.C. 2257), section 442 of Public Law 106-224 (7 U.S.C. 
     7772), or section 10417(b) of Public Law 107-107 (7 U.S.C. 
     8316(b)).
       None of the funds available to the Forest Service may be 
     reprogrammed without the advance approval of the House and 
     Senate Committees on Appropriations in accordance with the 
     reprogramming procedures contained in the explanatory 
     statement described in section 4 (in the matter preceding 
     division A of this consolidated Act).
       Not more than $73,285,000 of funds available to the Forest 
     Service shall be transferred to the Working Capital Fund of 
     the Department of Agriculture and not more than $19,400,000 
     of funds available to the Forest Service shall be transferred 
     to the Department of Agriculture for Department Reimbursable 
     Programs, commonly referred to as Greenbook charges. Nothing 
     in this paragraph shall prohibit or limit the use of 
     reimbursable agreements requested by the Forest Service in 
     order to obtain services from the Department of Agriculture's 
     National Information Technology Center.
       Funds available to the Forest Service shall be available to 
     conduct a program of up to $5,000,000 for priority projects 
     within the scope of the approved budget, of which $2,500,000 
     shall be carried out by the Youth Conservation Corps and 
     $2,500,000 shall be carried out under the authority of the 
     Public Lands Corps Healthy Forests Restoration Act of 2005, 
     Public Law 109-154.
       Of the funds available to the Forest Service, $4,000 is 
     available to the Chief of the Forest Service for official 
     reception and representation expenses.
       Pursuant to sections 405(b) and 410(b) of Public Law 101-
     593, of the funds available to the Forest Service, $3,000,000 
     may be advanced in a lump sum to the National Forest 
     Foundation to aid conservation partnership projects in 
     support of the Forest Service mission, without regard to when 
     the Foundation incurs expenses, for administrative expenses 
     or projects on or benefitting National Forest System lands or 
     related to Forest Service programs: Provided, That the 
     Foundation shall obtain, by the end of the period of Federal 
     financial assistance, private contributions to match on at 
     least one-for-one basis funds made available by the Forest 
     Service: Provided further, That the Foundation may transfer 
     Federal funds to Federal or a non-Federal recipient for a 
     project at the same rate that the recipient has obtained the 
     non-Federal matching funds: Provided further, That authorized 
     investments of Federal funds held by the Foundation may be 
     made only in interest-bearing obligations of the United 
     States or in obligations guaranteed as to both principal and 
     interest by the United States.
       Pursuant to section 2(b)(2) of Public Law 98-244, 
     $3,000,000 of the funds available to the Forest Service shall 
     be advanced to the National Fish and Wildlife Foundation in a 
     lump sum to aid cost-share conservation projects, without 
     regard to when expenses are incurred, on or benefitting 
     National Forest System lands or related to Forest Service 
     programs: Provided, That such funds shall be matched on at 
     least a one-for-one basis by the Foundation or its sub-
     recipients: Provided further, That the Foundation may 
     transfer Federal funds to a Federal or non-Federal recipient 
     for a project at the same rate that the recipient has 
     obtained the non-Federal matching funds.
       Funds appropriated to the Forest Service shall be available 
     for interactions with and providing technical assistance to 
     rural communities and natural resource-based businesses for 
     sustainable rural development purposes.
       Funds appropriated to the Forest Service shall be available 
     for payments to counties within the Columbia River Gorge 
     National Scenic Area, pursuant to section 14(c)(1) and (2), 
     and section 16(a)(2) of Public Law 99-663.
       An eligible individual who is employed in any project 
     funded under title V of the Older American Act of 1965 (42 
     U.S.C. 3056 et seq.) and administered by the Forest Service 
     shall be considered to be a Federal employee for purposes of 
     chapter 171 of title 28, United States Code.
       Any funds appropriated to the Forest Service may be used to 
     meet the non-Federal share requirement in section 502(c) of 
     the Older American Act of 1965 (42 U.S.C. 3056(c)(2)).
       Funds available to the Forest Service, not to exceed 
     $50,000,000, shall be assessed for the purpose of performing 
     facilities maintenance. Such assessments shall occur using a 
     square foot rate charged on the same basis the agency uses to 
     assess programs for payment of rent, utilities, and other 
     support services.
       Notwithstanding any other provision of law, any 
     appropriations or funds available to the Forest Service not 
     to exceed $500,000 may be used to reimburse the Office of the 
     General Counsel (OGC), Department of Agriculture, for travel 
     and related expenses incurred as a result of OGC assistance 
     or participation requested by the Forest Service at meetings, 
     training sessions, management reviews, land purchase 
     negotiations and similar non-litigation related matters. 
     Future budget justifications for both the Forest Service and 
     the Department of Agriculture should clearly display the sums 
     previously transferred and the requested funding transfers.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service


                         Indian Health Services

       For expenses necessary to carry out the Act of August 5, 
     1954 (68 Stat. 674), the Indian Self-Determination Act, the 
     Indian Health Care Improvement Act, and titles II and III of 
     the Public Health Service Act with respect to the Indian 
     Health Service, $3,190,956,000, together with payments 
     received during the fiscal year pursuant to 42 U.S.C. 238(b) 
     and 238b for services furnished by the Indian Health Service: 
     Provided, That funds made available to tribes and tribal 
     organizations through contracts, grant agreements, or any 
     other agreements or compacts authorized by the Indian Self-
     Determination and Education Assistance Act of 1975 (25 U.S.C. 
     450), shall be deemed to be obligated at the time of the 
     grant or contract award and thereafter shall remain available 
     to the tribe or tribal organization without fiscal year 
     limitation: Provided further, That

[[Page 5665]]

     $634,477,000 for contract medical care, including $31,000,000 
     for the Indian Catastrophic Health Emergency Fund, shall 
     remain available until expended: Provided further, That no 
     less than $36,189,000 is provided for maintaining operations 
     of the urban Indian health program: Provided further, That of 
     the funds provided, up to $32,000,000 shall remain available 
     until expended for implementation of the loan repayment 
     program under section 108 of the Indian Health Care 
     Improvement Act: Provided further, That $16,391,000 is 
     provided for the methamphetamine and suicide prevention and 
     treatment initiative and $7,500,000 is provided for the 
     domestic violence prevention initiative and, notwithstanding 
     any other provision of law, the amounts available under this 
     proviso shall be allocated at the discretion of the Director 
     of the Indian Health Service and shall remain available until 
     expended: Provided further, That funds provided in this Act 
     may be used for one-year contracts and grants which are to be 
     performed in two fiscal years, so long as the total 
     obligation is recorded in the year for which the funds are 
     appropriated: Provided further, That the amounts collected by 
     the Secretary of Health and Human Services under the 
     authority of title IV of the Indian Health Care Improvement 
     Act shall remain available until expended for the purpose of 
     achieving compliance with the applicable conditions and 
     requirements of titles XVIII and XIX of the Social Security 
     Act (exclusive of planning, design, or construction of new 
     facilities): Provided further, That funding contained herein, 
     and in any earlier appropriations Acts for scholarship 
     programs under the Indian Health Care Improvement Act (25 
     U.S.C. 1613) shall remain available until expended: Provided 
     further, That amounts received by tribes and tribal 
     organizations under title IV of the Indian Health Care 
     Improvement Act shall be reported and accounted for and 
     available to the receiving tribes and tribal organizations 
     until expended: Provided further, That, notwithstanding any 
     other provision of law, of the amounts provided herein, not 
     to exceed $282,398,000 shall be for payments to tribes and 
     tribal organizations for contract or grant support costs 
     associated with contracts, grants, self-governance compacts, 
     or annual funding agreements between the Indian Health 
     Service and a tribe or tribal organization pursuant to the 
     Indian Self-Determination Act of 1975, as amended, prior to 
     or during fiscal year 2009, of which not to exceed $5,000,000 
     may be used for contract support costs associated with new or 
     expanded self-determination contracts, grants, self-
     governance compacts, or annual funding agreements: Provided 
     further, That the Bureau of Indian Affairs may collect from 
     the Indian Health Service, tribes and tribal organizations 
     operating health facilities pursuant to Public Law 93-638, 
     such individually identifiable health information relating to 
     disabled children as may be necessary for the purpose of 
     carrying out its functions under the Individuals with 
     Disabilities Education Act (20 U.S.C. 1400, et seq.): 
     Provided further, That the Indian Health Care Improvement 
     Fund may be used, as needed, to carry out activities 
     typically funded under the Indian Health Facilities account.


                        Indian Health Facilities

       For construction, repair, maintenance, improvement, and 
     equipment of health and related auxiliary facilities, 
     including quarters for personnel; preparation of plans, 
     specifications, and drawings; acquisition of sites, purchase 
     and erection of modular buildings, and purchases of trailers; 
     and for provision of domestic and community sanitation 
     facilities for Indians, as authorized by section 7 of the Act 
     of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
     Determination Act, and the Indian Health Care Improvement 
     Act, and for expenses necessary to carry out such Acts and 
     titles II and III of the Public Health Service Act with 
     respect to environmental health and facilities support 
     activities of the Indian Health Service, $390,168,000, to 
     remain available until expended: Provided, That 
     notwithstanding any other provision of law, funds 
     appropriated for the planning, design, construction or 
     renovation of health facilities for the benefit of an Indian 
     tribe or tribes may be used to purchase land for sites to 
     construct, improve, or enlarge health or related facilities: 
     Provided further, That not to exceed $500,000 shall be used 
     by the Indian Health Service to purchase TRANSAM equipment 
     from the Department of Defense for distribution to the Indian 
     Health Service and tribal facilities: Provided further, That 
     none of the funds appropriated to the Indian Health Service 
     may be used for sanitation facilities construction for new 
     homes funded with grants by the housing programs of the 
     United States Department of Housing and Urban Development: 
     Provided further, That not to exceed $2,700,000 from this 
     account and the ``Indian Health Services'' account shall be 
     used by the Indian Health Service to obtain ambulances for 
     the Indian Health Service and tribal facilities in 
     conjunction with an existing interagency agreement between 
     the Indian Health Service and the General Services 
     Administration: Provided further, That not to exceed $500,000 
     shall be placed in a Demolition Fund, available until 
     expended, to be used by the Indian Health Service for 
     demolition of Federal buildings.


            administrative provisions, indian health service

       Appropriations in this Act to the Indian Health Service 
     shall be available for services as authorized by 5 U.S.C. 
     3109 but at rates not to exceed the per diem rate equivalent 
     to the maximum rate payable for senior-level positions under 
     5 U.S.C. 5376; hire of passenger motor vehicles and aircraft; 
     purchase of medical equipment; purchase of reprints; 
     purchase, renovation and erection of modular buildings and 
     renovation of existing facilities; payments for telephone 
     service in private residences in the field, when authorized 
     under regulations approved by the Secretary; and for uniforms 
     or allowances therefor as authorized by 5 U.S.C. 5901-5902; 
     and for expenses of attendance at meetings that relate to the 
     functions or activities for which the appropriation is made 
     or otherwise contribute to the improved conduct, supervision, 
     or management of those functions or activities.
       In accordance with the provisions of the Indian Health Care 
     Improvement Act, non-Indian patients may be extended health 
     care at all tribally administered or Indian Health Service 
     facilities, subject to charges, and the proceeds along with 
     funds recovered under the Federal Medical Care Recovery Act 
     (42 U.S.C. 2651-2653) shall be credited to the account of the 
     facility providing the service and shall be available without 
     fiscal year limitation. Notwithstanding any other law or 
     regulation, funds transferred from the Department of Housing 
     and Urban Development to the Indian Health Service shall be 
     administered under Public Law 86-121, the Indian Sanitation 
     Facilities Act and Public Law 93-638, as amended.
       Funds appropriated to the Indian Health Service in this 
     Act, except those used for administrative and program 
     direction purposes, shall not be subject to limitations 
     directed at curtailing Federal travel and transportation.
       None of the funds made available to the Indian Health 
     Service in this Act shall be used for any assessments or 
     charges by the Department of Health and Human Services unless 
     identified in the budget justification and provided in this 
     Act, or approved by the House and Senate Committees on 
     Appropriations through the reprogramming process.
       Notwithstanding any other provision of law, funds 
     previously or herein made available to a tribe or tribal 
     organization through a contract, grant, or agreement 
     authorized by title I or title V of the Indian Self-
     Determination and Education Assistance Act of 1975 (25 U.S.C. 
     450), may be deobligated and reobligated to a self-
     determination contract under title I, or a self-governance 
     agreement under title V of such Act and thereafter shall 
     remain available to the tribe or tribal organization without 
     fiscal year limitation.
       None of the funds made available to the Indian Health 
     Service in this Act shall be used to implement the final rule 
     published in the Federal Register on September 16, 1987, by 
     the Department of Health and Human Services, relating to the 
     eligibility for the health care services of the Indian Health 
     Service until the Indian Health Service has submitted a 
     budget request reflecting the increased costs associated with 
     the proposed final rule, and such request has been included 
     in an appropriations Act and enacted into law.
       With respect to functions transferred by the Indian Health 
     Service to tribes or tribal organizations, the Indian Health 
     Service is authorized to provide goods and services to those 
     entities, on a reimbursable basis, including payment in 
     advance with subsequent adjustment. The reimbursements 
     received therefrom, along with the funds received from those 
     entities pursuant to the Indian Self-Determination Act, may 
     be credited to the same or subsequent appropriation account 
     that provided the funding, with such amounts to remain 
     available until expended.
       Reimbursements for training, technical assistance, or 
     services provided by the Indian Health Service will contain 
     total costs, including direct, administrative, and overhead 
     associated with the provision of goods, services, or 
     technical assistance.
       The appropriation structure for the Indian Health Service 
     may not be altered without advance notification to the House 
     and Senate Committees on Appropriations.

                     National Institutes of Health


          National Institute of Environmental Health Sciences

       For necessary expenses for the National Institute of 
     Environmental Health Sciences in carrying out activities set 
     forth in section 311(a) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980, as 
     amended, and section 126(g) of the Superfund Amendments and 
     Reauthorization Act of 1986, $78,074,000.

            Agency for Toxic Substances and Disease Registry


            Toxic Substances and Environmental Public Health

       For necessary expenses for the Agency for Toxic Substances 
     and Disease Registry (ATSDR) in carrying out activities set 
     forth in sections 104(i) and 111(c)(4) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (CERCLA), as amended; section 118(f) of the Superfund 
     Amendments and Reauthorization Act of 1986 (SARA), as 
     amended; and section

[[Page 5666]]

     3019 of the Solid Waste Disposal Act, as amended, 
     $74,039,000, of which up to $1,000 to remain available until 
     expended, is for Individual Learning Accounts for full-time 
     equivalent employees of the Agency for Toxic Substances and 
     Disease Registry: Provided, That notwithstanding any other 
     provision of law, in lieu of performing a health assessment 
     under section 104(i)(6) of CERCLA, the Administrator of ATSDR 
     may conduct other appropriate health studies, evaluations, or 
     activities, including, without limitation, biomedical 
     testing, clinical evaluations, medical monitoring, and 
     referral to accredited health care providers: Provided 
     further, That in performing any such health assessment or 
     health study, evaluation, or activity, the Administrator of 
     ATSDR shall not be bound by the deadlines in section 
     104(i)(6)(A) of CERCLA: Provided further, That none of the 
     funds appropriated under this heading shall be available for 
     ATSDR to issue in excess of 40 toxicological profiles 
     pursuant to section 104(i) of CERCLA during fiscal year 2009, 
     and existing profiles may be updated as necessary.

                         OTHER RELATED AGENCIES

                   Executive Office of the President

  council on environmental quality and office of environmental quality

       For necessary expenses to continue functions assigned to 
     the Council on Environmental Quality and Office of 
     Environmental Quality pursuant to the National Environmental 
     Policy Act of 1969, the Environmental Quality Improvement Act 
     of 1970, and Reorganization Plan No. 1 of 1977, and not to 
     exceed $750 for official reception and representation 
     expenses, $2,703,000: Provided, That notwithstanding section 
     202 of the National Environmental Policy Act of 1970, the 
     Council shall consist of one member, appointed by the 
     President, by and with the advice and consent of the Senate, 
     serving as chairman and exercising all powers, functions, and 
     duties of the Council.

             Chemical Safety and Hazard Investigation Board


                         Salaries and Expenses

                     (including transfer of funds)

       For necessary expenses in carrying out activities pursuant 
     to section 112(r)(6) of the Clean Air Act, as amended, 
     including hire of passenger vehicles, uniforms or allowances 
     therefor, as authorized by 5 U.S.C. 5901-5902, and for 
     services authorized by 5 U.S.C. 3109 but at rates for 
     individuals not to exceed the per diem equivalent to the 
     maximum rate payable for senior level positions under 5 
     U.S.C. 5376, $10,199,000: Provided, That the Chemical Safety 
     and Hazard Investigation Board (Board) shall have not more 
     than three career Senior Executive Service positions: 
     Provided further, That notwithstanding any other provision of 
     law, the individual appointed to the position of Inspector 
     General of the Environmental Protection Agency (EPA) shall, 
     by virtue of such appointment, also hold the position of 
     Inspector General of the Board: Provided further, That 
     notwithstanding any other provision of law, the Inspector 
     General of the Board shall utilize personnel of the Office of 
     Inspector General of EPA in performing the duties of the 
     Inspector General of the Board, and shall not appoint any 
     individuals to positions within the Board: Provided further, 
     That of the funds appropriated under this heading, $300,000 
     shall be paid to the ``Office of Inspector General'' 
     appropriation of the Environmental Protection Agency.

              Office of Navajo and Hopi Indian Relocation


                         salaries and expenses

       For necessary expenses of the Office of Navajo and Hopi 
     Indian Relocation as authorized by Public Law 93-531, 
     $7,530,000, to remain available until expended: Provided, 
     That funds provided in this or any other appropriations Act 
     are to be used to relocate eligible individuals and groups 
     including evictees from District 6, Hopi-partitioned lands 
     residents, those in significantly substandard housing, and 
     all others certified as eligible and not included in the 
     preceding categories: Provided further, That none of the 
     funds contained in this or any other Act may be used by the 
     Office of Navajo and Hopi Indian Relocation to evict any 
     single Navajo or Navajo family who, as of November 30, 1985, 
     was physically domiciled on the lands partitioned to the Hopi 
     Tribe unless a new or replacement home is provided for such 
     household: Provided further, That no relocatee will be 
     provided with more than one new or replacement home: Provided 
     further, That the Office shall relocate any certified 
     eligible relocatees who have selected and received an 
     approved homesite on the Navajo reservation or selected a 
     replacement residence off the Navajo reservation or on the 
     land acquired pursuant to 25 U.S.C. 640d-10.

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development

                        payment to the institute

       For payment to the Institute of American Indian and Alaska 
     Native Culture and Arts Development, as authorized by title 
     XV of Public Law 99-498, as amended (20 U.S.C. 56 part A), 
     $7,900,000.

                        Smithsonian Institution


                         salaries and expenses

       For necessary expenses of the Smithsonian Institution, as 
     authorized by law, including research in the fields of art, 
     science, and history; development, preservation, and 
     documentation of the National Collections; presentation of 
     public exhibits and performances; collection, preparation, 
     dissemination, and exchange of information and publications; 
     conduct of education, training, and museum assistance 
     programs; maintenance, alteration, operation, lease (for 
     terms not to exceed 30 years), and protection of buildings, 
     facilities, and approaches; not to exceed $100,000 for 
     services as authorized by 5 U.S.C. 3109; and purchase, 
     rental, repair, and cleaning of uniforms for employees, 
     $593,400,000, of which not to exceed $19,352,000 for the 
     instrumentation program, collections acquisition, exhibition 
     reinstallation, the National Museum of African American 
     History and Culture, and the repatriation of skeletal remains 
     program shall remain available until expended; and of which 
     $1,553,000 for fellowships and scholarly awards shall remain 
     available until September 30, 2010; and including such funds 
     as may be necessary to support American overseas research 
     centers: Provided, That funds appropriated herein are 
     available for advance payments to independent contractors 
     performing research services or participating in official 
     Smithsonian presentations.

                           facilities capital

       For necessary expenses of repair, revitalization, and 
     alteration of facilities owned or occupied by the Smithsonian 
     Institution, by contract or otherwise, as authorized by 
     section 2 of the Act of August 22, 1949 (63 Stat. 623), and 
     for construction, including necessary personnel, 
     $123,000,000, to remain available until expended, of which 
     not to exceed $10,000 is for services as authorized by 5 
     U.S.C. 3109.


                              Legacy Fund

       For major restoration, renovation, and rehabilitation of 
     existing Smithsonian facilities, $15,000,000, to remain 
     available until expended: Provided, That such funds may be 
     made available in incremental amounts for individual projects 
     after being matched by an equal amount in private donations, 
     which shall not include in-kind contributions: Provided 
     further, That none of the funds made available under this 
     heading, or any required matching funds, shall be used for 
     day-to-day maintenance, general salaries and expenses, or 
     programmatic purposes: Provided further, That the total 
     amount of private contributions may be adjusted to reflect 
     any provision in this or any other appropriations Act that 
     affects the overall amount of the Federal appropriation for 
     this Fund.

                        National Gallery of Art


                         salaries and expenses

       For the upkeep and operations of the National Gallery of 
     Art, the protection and care of the works of art therein, and 
     administrative expenses incident thereto, as authorized by 
     the Act of March 24, 1937 (50 Stat. 51), as amended by the 
     public resolution of April 13, 1939 (Public Resolution 9, 
     Seventy-sixth Congress), including services as authorized by 
     5 U.S.C. 3109; payment in advance when authorized by the 
     treasurer of the Gallery for membership in library, museum, 
     and art associations or societies whose publications or 
     services are available to members only, or to members at a 
     price lower than to the general public; purchase, repair, and 
     cleaning of uniforms for guards, and uniforms, or allowances 
     therefor, for other employees as authorized by law (5 U.S.C. 
     5901-5902); purchase or rental of devices and services for 
     protecting buildings and contents thereof, and maintenance, 
     alteration, improvement, and repair of buildings, approaches, 
     and grounds; and purchase of services for restoration and 
     repair of works of art for the National Gallery of Art by 
     contracts made, without advertising, with individuals, firms, 
     or organizations at such rates or prices and under such terms 
     and conditions as the Gallery may deem proper, $105,388,000, 
     of which not to exceed $3,350,000 for the special exhibition 
     program shall remain available until expended.


            repair, restoration and renovation of buildings

       For necessary expenses of repair, restoration and 
     renovation of buildings, grounds and facilities owned or 
     occupied by the National Gallery of Art, by contract or 
     otherwise, as authorized, $17,368,000, to remain available 
     until expended: Provided, That contracts awarded for 
     environmental systems, protection systems, and exterior 
     repair or renovation of buildings of the National Gallery of 
     Art may be negotiated with selected contractors and awarded 
     on the basis of contractor qualifications as well as price.

             John F. Kennedy Center for the Performing Arts


                       operations and maintenance

       For necessary expenses for the operation, maintenance and 
     security of the John F. Kennedy Center for the Performing 
     Arts, $21,300,000.


                     capital repair and restoration

       For necessary expenses for capital repair and restoration 
     of the existing features of the building and site of the John 
     F. Kennedy Center for the Performing Arts, $15,064,000, to 
     remain available until expended.

[[Page 5667]]



            Woodrow Wilson International Center for Scholars

                         salaries and expenses

       For expenses necessary in carrying out the provisions of 
     the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) 
     including hire of passenger vehicles and services as 
     authorized by 5 U.S.C. 3109, $10,000,000.

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts


                       grants and administration

                     (including transfer of funds)

       For necessary expenses to carry out the National Foundation 
     on the Arts and the Humanities Act of 1965, as amended, 
     $155,000,000 shall be available to the National Endowment for 
     the Arts for the support of projects and productions in the 
     arts, including arts education and public outreach 
     activities, through assistance to organizations and 
     individuals pursuant to section 5 of the Act, for program 
     support, and for administering the functions of the Act, to 
     remain available until expended: Provided, That funds 
     appropriated herein shall be expended in accordance with 
     sections 309 and 311 of Public Law 108-447: Provided further, 
     That hereinafter funds previously appropriated to the 
     National Endowment for the Arts ``Challenge America'' account 
     may be transferred to and merged with this account.

                 National Endowment for the Humanities


                       Grants and Administration

       For necessary expenses to carry out the National Foundation 
     on the Arts and the Humanities Act of 1965, as amended, 
     $155,000,000, to remain available until expended, of which 
     $140,700,000 shall be available for support of activities in 
     the humanities, pursuant to section 7(c) of the Act and for 
     administering the functions of the Act; and $14,300,000 shall 
     be available to carry out the matching grants program 
     pursuant to section 10(a)(2) of the Act including $9,300,000 
     for the purposes of section 7(h): Provided, That 
     appropriations for carrying out section 10(a)(2) shall be 
     available for obligation only in such amounts as may be equal 
     to the total amounts of gifts, bequests, and devises of 
     money, and other property accepted by the chairman or by 
     grantees of the Endowment under the provisions of subsections 
     11(a)(2)(B) and 11(a)(3)(B) during the current and preceding 
     fiscal years for which equal amounts have not previously been 
     appropriated.


                        Administrative Provision

       None of the funds appropriated to the National Foundation 
     on the Arts and the Humanities may be used to process any 
     grant or contract documents which do not include the text of 
     18 U.S.C. 1913: Provided, That none of the funds appropriated 
     to the National Foundation on the Arts and the Humanities may 
     be used for official reception and representation expenses: 
     Provided further, That funds from nonappropriated sources may 
     be used as necessary for official reception and 
     representation expenses: Provided further, That the 
     Chairperson of the National Endowment for the Arts may 
     approve grants of up to $10,000, if in the aggregate this 
     amount does not exceed 5 percent of the sums appropriated for 
     grant-making purposes per year: Provided further, That such 
     small grant actions are taken pursuant to the terms of an 
     expressed and direct delegation of authority from the 
     National Council on the Arts to the Chairperson.

                        Commission of Fine Arts

                         salaries and expenses

       For expenses made necessary by the Act establishing a 
     Commission of Fine Arts (40 U.S.C. 104), $2,234,000: 
     Provided, That the Commission is authorized to charge fees to 
     cover the full costs of its publications, and such fees shall 
     be credited to this account as an offsetting collection, to 
     remain available until expended without further 
     appropriation.


               National Capital Arts and Cultural Affairs

       For necessary expenses as authorized by Public Law 99-190 
     (20 U.S.C. 956a), as amended, $9,500,000: Provided, That no 
     organization shall receive a grant in excess of $650,000 in a 
     single year.

               Advisory Council on Historic Preservation


                         salaries and expenses

       For necessary expenses of the Advisory Council on Historic 
     Preservation (Public Law 89-665, as amended), $5,498,000: 
     Provided, That none of these funds shall be available for 
     compensation of level V of the Executive Schedule or higher 
     positions.

                  National Capital Planning Commission


                         salaries and expenses

       For necessary expenses, as authorized by the National 
     Capital Planning Act of 1952 (40 U.S.C. 71-71i), including 
     services as authorized by 5 U.S.C. 3109, $8,328,000: 
     Provided, That one-quarter of 1 percent of the funds provided 
     under this heading may be used for official reception and 
     representational expenses associated with hosting 
     international visitors engaged in the planning and physical 
     development of world capitals.

                United States Holocaust Memorial Museum


                       holocaust memorial museum

       For expenses of the Holocaust Memorial Museum, as 
     authorized by Public Law 106-292 (36 U.S.C. 2301-2310), 
     $47,260,000, of which $515,000 for the Museum's equipment 
     replacement program, $1,900,000 for the museum's repair and 
     rehabilitation program and $1,264,000 for the museum's 
     exhibition design and production program shall remain 
     available until expended.

                             Presidio Trust


                          Presidio Trust Fund

       For necessary expenses to carry out title I of the Omnibus 
     Parks and Public Lands Management Act of 1996, $17,450,000 
     shall be available to the Presidio Trust, to remain available 
     until expended.

                Dwight D. Eisenhower Memorial Commission


                         Salaries and Expenses

       For necessary expenses, including the costs of construction 
     design, of the Dwight D. Eisenhower Memorial Commission, 
     $2,000,000, to remain available until expended.

                                TITLE IV

                           GENERAL PROVISIONS


                     (including transfers of funds)

       Sec. 401. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive Order issued pursuant to existing law.
       Sec. 402. No part of any appropriation contained in this 
     Act shall be available for any activity or the publication or 
     distribution of literature that in any way tends to promote 
     public support or opposition to any legislative proposal on 
     which Congressional action is not complete other than to 
     communicate to Members of Congress as described in 18 U.S.C. 
     1913.
       Sec. 403. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 404. None of the funds provided in this Act to any 
     department or agency shall be obligated or expended to 
     provide a personal cook, chauffeur, or other personal 
     servants to any officer or employee of such department or 
     agency except as otherwise provided by law.
       Sec. 405. Estimated overhead charges, deductions, reserves 
     or holdbacks from programs, projects, activities and 
     subactivities to support government-wide, departmental, 
     agency or bureau administrative functions or headquarters, 
     regional or central operations shall be presented in annual 
     budget justifications and subject to approval by the 
     Committees on Appropriations. Changes to such estimates shall 
     be presented to the Committees on Appropriations for 
     approval.
       Sec. 406. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government except pursuant to a transfer 
     made by, or transfer provided in, this Act or any other Act.
       Sec. 407. None of the funds in this Act may be used to 
     plan, prepare, or offer for sale timber from trees classified 
     as giant sequoia (Sequoiadendron giganteum) which are located 
     on National Forest System or Bureau of Land Management lands 
     in a manner different than such sales were conducted in 
     fiscal year 2006.
       Sec. 408. (a) Limitation of Funds.--None of the funds 
     appropriated or otherwise made available pursuant to this Act 
     shall be obligated or expended to accept or process 
     applications for a patent for any mining or mill site claim 
     located under the general mining laws.
       (b) Exceptions.--The provisions of subsection (a) shall not 
     apply if the Secretary of the Interior determines that, for 
     the claim concerned: (1) a patent application was filed with 
     the Secretary on or before September 30, 1994; and (2) all 
     requirements established under sections 2325 and 2326 of the 
     Revised Statutes (30 U.S.C. 29 and 30) for vein or lode 
     claims and sections 2329, 2330, 2331, and 2333 of the Revised 
     Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and 
     section 2337 of the Revised Statutes (30 U.S.C. 42) for mill 
     site claims, as the case may be, were fully complied with by 
     the applicant by that date.
       (c) Report.--On September 30, 2009, the Secretary of the 
     Interior shall file with the House and Senate Committees on 
     Appropriations and the Committee on Natural Resources of the 
     House of Representatives and the Committee on Energy and 
     Natural Resources of the Senate a report on actions taken by 
     the Department under the plan submitted pursuant to section 
     314(c) of the Department of the Interior and Related Agencies 
     Appropriations Act, 1997 (Public Law 104-208).
       (d) Mineral Examinations.--In order to process patent 
     applications in a timely and responsible manner, upon the 
     request of a patent applicant, the Secretary of the Interior 
     shall allow the applicant to fund a qualified third-party 
     contractor to be selected by the Bureau of Land Management to 
     conduct a mineral examination of the mining claims

[[Page 5668]]

     or mill sites contained in a patent application as set forth 
     in subsection (b). The Bureau of Land Management shall have 
     the sole responsibility to choose and pay the third-party 
     contractor in accordance with the standard procedures 
     employed by the Bureau of Land Management in the retention of 
     third-party contractors.
       Sec. 409. Notwithstanding any other provision of law, 
     amounts appropriated to or otherwise designated in committee 
     reports for the Bureau of Indian Affairs and the Indian 
     Health Service by Public Laws 103-138, 103-332, 104-134, 104-
     208, 105-83, 105-277, 106-113, 106-291, 107-63, 108-7, 108-
     108, 108-447, 109-54, 109-289, division B and Continuing 
     Appropriations Resolution, 2007 (division B of Public Law 
     109-289, as amended by Public Laws 110-5 and 110-28), and 
     Public Law 110-161 for payments for contract support costs 
     associated with self-determination or self-governance 
     contracts, grants, compacts, or annual funding agreements 
     with the Bureau of Indian Affairs or the Indian Health 
     Service as funded by such Acts, are the total amounts 
     available for fiscal years 1994 through 2008 for such 
     purposes, except that for the Bureau of Indian Affairs, 
     tribes and tribal organizations may use their tribal priority 
     allocations for unmet contract support costs of ongoing 
     contracts, grants, self-governance compacts, or annual 
     funding agreements.
       Sec. 410. Prior to October 1, 2009, the Secretary of 
     Agriculture shall not be considered to be in violation of 
     subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable 
     Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) 
     solely because more than 15 years have passed without 
     revision of the plan for a unit of the National Forest 
     System. Nothing in this section exempts the Secretary from 
     any other requirement of the Forest and Rangeland Renewable 
     Resources Planning Act (16 U.S.C. 1600 et seq.) or any other 
     law: Provided, That if the Secretary is not acting 
     expeditiously and in good faith, within the funding 
     available, to revise a plan for a unit of the National Forest 
     System, this section shall be void with respect to such plan 
     and a court of proper jurisdiction may order completion of 
     the plan on an accelerated basis.
       Sec. 411. No funds provided in this Act may be expended to 
     conduct preleasing, leasing and related activities under 
     either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the 
     Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) 
     within the boundaries of a National Monument established 
     pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.) 
     as such boundary existed on January 20, 2001, except where 
     such activities are allowed under the Presidential 
     proclamation establishing such monument.
       Sec. 412. In entering into agreements with foreign 
     countries pursuant to the Wildfire Suppression Assistance Act 
     (42 U.S.C. 1856m) the Secretary of Agriculture and the 
     Secretary of the Interior are authorized to enter into 
     reciprocal agreements in which the individuals furnished 
     under said agreements to provide wildfire services are 
     considered, for purposes of tort liability, employees of the 
     country receiving said services when the individuals are 
     engaged in fire suppression: Provided, That the Secretary of 
     Agriculture or the Secretary of the Interior shall not enter 
     into any agreement under this provision unless the foreign 
     country (either directly or through its fire organization) 
     agrees to assume any and all liability for the acts or 
     omissions of American firefighters engaged in firefighting in 
     a foreign country: Provided further, That when an agreement 
     is reached for furnishing fire fighting services, the only 
     remedies for acts or omissions committed while fighting fires 
     shall be those provided under the laws of the host country, 
     and those remedies shall be the exclusive remedies for any 
     claim arising out of fighting fires in a foreign country: 
     Provided further, That neither the sending country nor any 
     legal organization associated with the firefighter shall be 
     subject to any legal action whatsoever pertaining to or 
     arising out of the firefighter's role in fire suppression.
       Sec. 413. In awarding a Federal contract with funds made 
     available by this Act, notwithstanding Federal Government 
     procurement and contracting laws, the Secretary of 
     Agriculture and the Secretary of the Interior (the 
     ``Secretaries'') may, in evaluating bids and proposals, give 
     consideration to local contractors who are from, and who 
     provide employment and training for, dislocated and displaced 
     workers in an economically disadvantaged rural community, 
     including those historically timber-dependent areas that have 
     been affected by reduced timber harvesting on Federal lands 
     and other forest-dependent rural communities isolated from 
     significant alternative employment opportunities: Provided, 
     That notwithstanding Federal Government procurement and 
     contracting laws the Secretaries may award contracts, grants 
     or cooperative agreements to local non-profit entities, Youth 
     Conservation Corps or related partnerships with State, local 
     or non-profit youth groups, or small or micro-business or 
     disadvantaged business: Provided further, That the contract, 
     grant, or cooperative agreement is for forest hazardous fuels 
     reduction, watershed or water quality monitoring or 
     restoration, wildlife or fish population monitoring, or 
     habitat restoration or management: Provided further, That the 
     terms ``rural community'' and ``economically disadvantaged'' 
     shall have the same meanings as in section 2374 of Public Law 
     101-624: Provided further, That the Secretaries shall develop 
     guidance to implement this section: Provided further, That 
     nothing in this section shall be construed as relieving the 
     Secretaries of any duty under applicable procurement laws, 
     except as provided in this section.
       Sec. 414. None of the funds made available by this or any 
     other Act may be used in fiscal year 2009 for competitive 
     sourcing studies and any related activities involving Forest 
     Service personnel.
       Sec. 415. Unless otherwise provided herein, no funds 
     appropriated in this Act for the acquisition of lands or 
     interests in lands may be expended for the filing of 
     declarations of taking or complaints in condemnation without 
     the approval of the House and Senate Committees on 
     Appropriations: Provided, That this provision shall not apply 
     to funds appropriated to implement the Everglades National 
     Park Protection and Expansion Act of 1989, or to funds 
     appropriated for Federal assistance to the State of Florida 
     to acquire lands for Everglades restoration purposes.
       Sec. 416. None of the funds made available under this Act 
     may be used to promulgate or implement the Environmental 
     Protection Agency proposed regulations published in the 
     Federal Register on January 3, 2007 (72 Fed. Reg. 69).
       Sec. 417. Section 337(a) of the Department of the Interior 
     and Related Agencies Appropriations Act, 2005 (Public Law 
     108-447; 118 Stat. 3012) is amended by striking ``September 
     30, 2006'' and inserting ``September 30, 2010''.
       Sec. 418. Section 330 of Public Law 106-291 concerning 
     Service First authorities (114 Stat. 996), as amended by 
     section 428 of Public Law 109-54 (119 Stat. 555-556), is 
     further amended by striking ``2008'' and inserting in lieu 
     thereof ``2011''.
       Sec. 419. Section 422 of title IV of division F of Public 
     Law 110-161 is amended by inserting after ``fiscal year 
     2007'' the following: ``and subsequent fiscal years through 
     fiscal year 2014''.
       Sec. 420. In addition to the amounts otherwise provided to 
     the Environmental Protection Agency in this Act, $8,000,000, 
     to remain available until expended, is provided to EPA to be 
     transferred to the Department of the Navy for clean-up 
     activities at the Treasure Island Naval Station--Hunters 
     Point Annex.
       Sec. 421. The boundaries of the Tongass National Forest in 
     the State of Alaska are modified to include the approximately 
     1,043.38 acres of land acquired by the United States from the 
     Alaska Mental Health Trust Authority, which is more 
     particularly described as lots 1-B and 1-C, Mt. Verstovia-
     Gavan Hill Subdivision of U.S. Survey No. 3858 and U.S. 
     Survey No. 3849.
       Sec. 422. Title V of the Forest Service Realignment and 
     Enhancement Act, 2005, Public Law 109-54, 119 Stat. 559-563; 
     16 U.S.C. 580d note, is amended as follows:
       (1) In section 503, subsection (f) by striking ``2008'' and 
     inserting in lieu thereof ``2011'' and;
       (2) In section 504--
       (A) in subsection (a)(3) by striking in whole, and 
     inserting in lieu thereof ``Terms, conditions, and 
     reservations.--The conveyance of an administrative site under 
     this title shall be subject to such terms, conditions, and 
     reservations as the Secretary determines to be necessary to 
     protect the public interest'';
       (B) in subsection (d)(1) by striking ``Subchapter I of 
     chapter 5'', and inserting in lieu thereof ``Chapter 5 of 
     subtitle I''; and
       (C) in subsection (d)(4)(B) by striking in whole, and 
     inserting in lieu thereof ``determine whether to include 
     terms, conditions, and reservations under subsection (a)(3); 
     and''.
       Sec. 423. Lake Tahoe Basin Hazardous Fuel Reduction 
     Projects. (a) Hereafter, subject to subsection (b), a 
     proposal to authorize a hazardous fuel reduction project, not 
     to exceed 5,000 acres, including no more than 1,500 acres of 
     mechanical thinning, on the Lake Tahoe Basin Management Unit 
     may be categorically excluded from documentation in an 
     environmental impact statement or an environmental assessment 
     under the National Environmental Policy Act of 1969 (NEPA) 
     (42 U.S.C. 4321 et seq.) if the project:
       (1) is consistent with the Lake Tahoe Basin Multi-
     Jurisdictional Fuel Reduction and Wildfire Prevention 
     Strategy published in December 2007 and any subsequent 
     revisions to the Strategy;
       (2) is not conducted in any wilderness areas; and
       (3) does not involve any new permanent roads.
       (b) A proposal that is categorically excluded under this 
     section shall be subject to--
       (1) the extraordinary circumstances procedures established 
     by the Forest Service pursuant to section 1508.4 of title 40, 
     Code of Federal Regulations; and
       (2) an opportunity for public input.
       Sec. 424. Not later than June 30, 2009, the Administrator 
     of the Environmental Protection Agency shall reconsider, and 
     confirm or reverse, the decision to deny the request of the 
     State of California to regulate greenhouse gas emissions from 
     new motor vehicles.

[[Page 5669]]

       Sec. 425. Toxics Release Inventory Reporting. 
     Notwithstanding any other provision of law--
       (1) none of the funds made available by this or any other 
     Act may, hereafter, be used to implement the final rule 
     promulgated by the Administrator of the Environmental 
     Protection Agency entitled ``Toxics Release Inventory Burden 
     Reduction Final Rule'' (71 Fed. Reg. 76932); and
       (2) the final rule described in paragraph (1) shall have no 
     force or effect. The affected regulatory text shall revert to 
     what it was before the final rule described in paragraph (1) 
     became effective, until any future action taken by the 
     Administrator.
       Sec. 426. Section 325 of Public Law 108-108 is amended by 
     striking ``fiscal years 2004-2008'' and inserting ``fiscal 
     year 2009.''
       Sec. 427. The Secretary of Agriculture and the Secretary of 
     the Interior shall execute an agreement that transfers 
     management and oversight including transfer of function for 
     the workforce, of the Centennial, Collbran, Columbia Basin, 
     Fort Simcoe, Treasure Lake, and Weber Basin Job Corps Centers 
     to the Forest Service. These Job Corps centers shall continue 
     to be administered as described in section 147(c) of Public 
     Law 105-220, Workforce Investment Act of 1998.
       Sec. 428. Section 434 of division F of Public Law 110-161 
     is amended by striking paragraph (3) and inserting a new 
     paragraph (3) as follows:
       ``(3) By adding at the end the following:
       ```(m) Section 106 of Public Law 108-148 shall apply to all 
     projects authorized by this Act. Sections 104 and 105 of 
     Public Law 108-148 may be applied to projects authorized by 
     this Act.'.''.
       Sec. 429. (a) During the 60-day period beginning on the 
     date of the enactment of this Act--
       (1) the Secretary of the Interior and the Secretary of 
     Commerce may withdraw or reissue the rule described in 
     subsection (c)(1) without regard to any provision of statute 
     or regulation that establishes a requirement for such 
     withdrawal; and
       (2) the Secretary of the Interior may withdraw or reissue 
     the rule referred to in subsection (c)(2) without regard to 
     any provision of statute or regulation that establishes a 
     requirement for such withdrawal.
       (b) If the Secretary of the Interior or the Secretary of 
     Commerce (or both) withdraws a rule under subsection (a), 
     such Secretary shall implement the provisions of law under 
     which the rule was issued in accordance with the regulations 
     in effect under such provisions immediately before the 
     effective date of such rule, except as otherwise provided by 
     any Act or rule that takes effect after the effective date of 
     the rule that is withdrawn.
       (c) The rules referred to in subsection (a) are the 
     following:
       (1) The final rule relating to ``Interagency Cooperation 
     under the Endangered Species Act'', issued by the United 
     States Fish and Wildlife Service and the National Marine 
     Fisheries Service and signed November 26, 2008, by the 
     Assistant Secretary of Fish and Wildlife and Parks of the 
     Department of the Interior and the Deputy Assistant 
     Administrator for the Regulatory Programs of the National 
     Marine Fisheries Service.
       (2) The final rule relating to ``Endangered and Threatened 
     Wildlife and Plants; Special Rule for the Polar Bear'', 
     issued by the Assistant Secretary of Fish and Wildlife and 
     Parks of the Department of the Interior on December 10, 2008.
       Sec. 430. Within the amounts appropriated in this division, 
     funding shall be allocated in the amounts specified for those 
     projects and purposes delineated in the table titled 
     ``Congressionally Directed Spending'' included in the 
     explanatory statement accompanying this Act (as described in 
     section 4, in the matter preceding division A of this 
     consolidated Act).
       This division may be cited as the ``Department of the 
     Interior, Environment, and Related Agencies Appropriations 
     Act, 2009''.

   DIVISION F--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND 
        EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009

                                TITLE I

                          DEPARTMENT OF LABOR

                 Employment and Training Administration


                    Training and Employment Services

       For necessary expenses of the Workforce Investment Act of 
     1998 (``WIA''), the Denali Commission Act of 1998, and the 
     Women in Apprenticeship and Non-Traditional Occupations Act 
     of 1992, including the purchase and hire of passenger motor 
     vehicles, the construction, alteration, and repair of 
     buildings and other facilities, and the purchase of real 
     property for training centers as authorized by the WIA; 
     $3,626,448,000, plus reimbursements, shall be available. Of 
     the amounts provided:
       (1) for grants to States for adult employment and training 
     activities, youth activities, and dislocated worker 
     employment and training activities, $2,969,449,000 as 
     follows:
       (A) $861,540,000 for adult employment and training 
     activities, of which $149,540,000 shall be available for the 
     period July 1, 2009, through June 30, 2010, and of which 
     $712,000,000 shall be available for the period October 1, 
     2009 through June 30, 2010;
       (B) $924,069,000 for youth activities, which shall be 
     available for the period April 1, 2009 through June 30, 2010; 
     and
       (C) $1,183,840,000 for dislocated worker employment and 
     training activities, of which $335,840,000 shall be available 
     for the period July 1, 2009 through June 30, 2010, and of 
     which $848,000,000 shall be available for the period October 
     1, 2009 through June 30, 2010:

     Provided, That notwithstanding the transfer limitation under 
     section 133(b)(4) of the WIA, up to 30 percent of such funds 
     may be transferred by a local board if approved by the 
     Governor;
       (2) for federally administered programs, $489,429,000 as 
     follows:
       (A) $283,051,000 for the dislocated workers assistance 
     national reserve, of which $71,051,000 shall be available for 
     the period July 1, 2009 through June 30, 2010, and of which 
     $212,000,000 shall be available for the period October 1, 
     2009 through June 30, 2010: Provided, That up to $125,000,000 
     may be made available for Community-Based Job Training grants 
     from funds reserved under section 132(a)(2)(A) of the WIA and 
     shall be used to carry out such grants under section 171(d) 
     of such Act, except that the 10 percent limitation otherwise 
     applicable to the amount of funds that may be used to carry 
     out section 171(d) shall not be applicable to funds used for 
     Community-Based Job Training grants: Provided further, That 
     funds provided to carry out section 132(a)(2)(A) of the WIA 
     may be used to provide assistance to a State for State-wide 
     or local use in order to address cases where there have been 
     worker dislocations across multiple sectors or across 
     multiple local areas and such workers remain dislocated; 
     coordinate the State workforce development plan with emerging 
     economic development needs; and train such eligible 
     dislocated workers: Provided further, That funds provided to 
     carry out section 171(d) of the WIA may be used for 
     demonstration projects that provide assistance to new 
     entrants in the workforce and incumbent workers;
       (B) $52,758,000 for Native American programs, which shall 
     be available for the period July 1, 2009 through June 30, 
     2010;
       (C) $82,620,000 for migrant and seasonal farmworker 
     programs under section 167 of the WIA, including $76,710,000 
     for formula grants (of which not less that 70 percent shall 
     be for employment and training services), $5,400,000 for 
     migrant and seasonal housing (of which not less than 70 
     percent shall be for permanent housing), and $510,000 for 
     other discretionary purposes, which shall be available for 
     the period July 1, 2009 through June 30, 2010: Provided, That 
     notwithstanding any other provision of law or related 
     regulation, the Department of Labor shall take no action 
     limiting the number or proportion of eligible participants 
     receiving related assistance services or discouraging 
     grantees from providing such services;
       (D) $1,000,000 for carrying out the Women in Apprenticeship 
     and Nontraditional Occupations Act, which shall be available 
     for the period July 1, 2009 through June 30, 2010; and
       (E) $70,000,000 for YouthBuild activities as described in 
     section 173A of the WIA, which shall be available for the 
     period April 1, 2009 through June 30, 2010: Provided, That 
     for program years 2008 and 2009, the YouthBuild program may 
     serve an individual who has dropped out of high school and 
     re-enrolled in an alternative school, if that re-enrollment 
     is part of a sequential service strategy;
       (3) for national activities, $167,570,000, as follows:
       (A) $48,781,000 for Pilots, Demonstrations, and Research, 
     which shall be available for the period April 1, 2009 through 
     June 30, 2010, of which $5,000,000 shall be for competitive 
     grants to address the employment and training needs of young 
     parents (notwithstanding the requirements of section 
     171(b)(2)(B) or 171(c)(4)(D) of the WIA), and of which 
     $41,324,000 shall be used for the projects, and in the 
     amounts, specified under the heading ``Training and 
     Employment Services'' in the explanatory statement described 
     in section 4 (in the matter preceding division A of this 
     consolidated Act): Provided, That funding provided to carry 
     out such projects shall not be subject to the requirements of 
     sections 171(b)(2)(B) and 171(c)(4)(D) of the WIA, the joint 
     funding requirements of sections 171(b)(2)(A) and 
     171(c)(4)(A) of the WIA, or any time limit requirements of 
     sections 171(b)(2)(C) and 171(c)(4)(B) of the WIA;
       (B) $108,493,000 for ex-offender activities, under the 
     authority of section 171 of the WIA, which shall be available 
     for the period April 1, 2009 through June 30, 2010, 
     notwithstanding the requirements of section 171(b)(2)(B) or 
     171(c)(4)(D): Provided, That not less than $88,500,000 shall 
     be for youthful offender activities, of which $35,000,000 
     shall be for a program of competitive grants to local 
     educational agencies or community-based organizations to 
     develop and implement mentoring strategies that integrate 
     educational and employment interventions designed to prevent 
     youth violence in schools identified as persistently 
     dangerous under section 9532 of the Elementary and Secondary 
     Education Act;
       (C) $6,918,000 for Evaluation, which shall be available for 
     the period July 1, 2009 through June 30, 2010; and
       (D) $3,378,000 for the Denali Commission, which shall be 
     available for the period July 1, 2009 through June 30, 2010.

[[Page 5670]]




            Community Service Employment for Older Americans

       To carry out title V of the Older Americans Act of 1965, 
     $571,925,000, which shall be available for the period July 1, 
     2009 through June 30, 2010: Provided, That funds made 
     available under this heading in this Act may, in accordance 
     with section 517(c) of the Older Americans Act of 1965, be 
     recaptured and reobligated.


              Federal Unemployment Benefits and Allowances

       For payments during fiscal year 2009 of trade adjustment 
     benefit payments and allowances under part I of subchapter B 
     of chapter 2 of title II of the Trade Act of 1974, and 
     section 246 of that Act; and for training, employment and 
     case management services, allowances for job search and 
     relocation, and related State administrative expenses under 
     part II of subchapter B of chapter 2 of title II of the Trade 
     Act of 1974, $958,800,000, together with such amounts as may 
     be necessary to be charged to the subsequent appropriation 
     for payments for any period subsequent to September 15, 2009.


     State Unemployment Insurance and Employment Service Operations

       For authorized administrative expenses, $91,698,000, 
     together with not to exceed $3,563,167,000 which may be 
     expended from the Employment Security Administration Account 
     in the Unemployment Trust Fund (``the Trust Fund''), of 
     which:
       (1) $2,782,145,000 from the Trust Fund is for grants to 
     States for the administration of State unemployment insurance 
     laws as authorized under title III of the Social Security Act 
     (including $10,000,000 to conduct in-person reemployment and 
     eligibility assessments and unemployment insurance improper 
     payment reviews), the administration of unemployment 
     insurance for Federal employees and for ex-service members as 
     authorized under 5 U.S.C. 8501-8523, and the administration 
     of trade readjustment allowances and alternative trade 
     adjustment assistance under the Trade Act of 1974, and shall 
     be available for obligation by the States through December 
     31, 2009, except that funds used for automation acquisitions 
     shall be available for obligation by the States through 
     September 30, 2011, and funds used for unemployment insurance 
     workloads experienced by the States through September 30, 
     2009 shall be available for Federal obligation through 
     December 31, 2009;
       (2) $11,310,000 from the Trust Fund is for national 
     activities necessary to support the administration of the 
     Federal-State unemployment insurance system;
       (3) $680,893,000 from the Trust Fund, together with 
     $22,683,000 from the General Fund of the Treasury, is for 
     grants to States in accordance with section 6 of the Wagner-
     Peyser Act, and shall be available for Federal obligation for 
     the period July 1, 2009 through June 30, 2010;
       (4) $20,869,000 from the Trust Fund is for national 
     activities of the Employment Service, including 
     administration of the work opportunity tax credit under 
     section 51 of the Internal Revenue Code of 1986, and the 
     provision of technical assistance and staff training under 
     the Wagner-Peyser Act, including not to exceed $1,228,000 
     that may be used for amortization payments to States which 
     had independent retirement plans in their State employment 
     service agencies prior to 1980;
       (5) $67,950,000 from the Trust Fund is for the 
     administration of foreign labor certifications and related 
     activities under the Immigration and Nationality Act and 
     related laws, of which $52,821,000 shall be available for the 
     Federal administration of such activities, and $15,129,000 
     shall be available for grants to States for the 
     administration of such activities;
       (6) $51,720,000 from the General Fund is to provide 
     workforce information, national electronic tools, and one-
     stop system building under the Wagner-Peyser Act and section 
     171 (e)(2)(C) of the Workforce Investment Act of 1998 and 
     shall be available for Federal obligation for the period July 
     1, 2009 through June 30, 2010; and
       (7) $17,295,000 from the General Fund is to provide for 
     work incentive grants to the States and shall be available 
     for the period July 1, 2009 through June 30, 2010:

     Provided, That to the extent that the Average Weekly Insured 
     Unemployment (``AWIU'') for fiscal year 2009 is projected by 
     the Department of Labor to exceed 3,487,000, an additional 
     $28,600,000 from the Trust Fund shall be available for 
     obligation for every 100,000 increase in the AWIU level 
     (including a pro rata amount for any increment less than 
     100,000) to carry out title III of the Social Security Act: 
     Provided further, That funds appropriated in this Act that 
     are allotted to a State to carry out activities under title 
     III of the Social Security Act may be used by such State to 
     assist other States in carrying out activities under such 
     title III if the other States include areas that have 
     suffered a major disaster declared by the President under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act: Provided further, That the Secretary of Labor may use 
     funds appropriated for grants to States under title III of 
     the Social Security Act to make payments on behalf of States 
     for the use of the National Directory of New Hires under 
     section 453(j)(8) of such Act: Provided further, That funds 
     appropriated in this Act which are used to establish a 
     national one-stop career center system, or which are used to 
     support the national activities of the Federal-State 
     unemployment insurance or immigration programs, may be 
     obligated in contracts, grants, or agreements with non-State 
     entities: Provided further, That funds appropriated under 
     this Act for activities authorized under title III of the 
     Social Security Act and the Wagner-Peyser Act may be used by 
     States to fund integrated Unemployment Insurance and 
     Employment Service automation efforts, notwithstanding cost 
     allocation principles prescribed under the Office of 
     Management and Budget Circular A-87: Provided further, That 
     the Secretary, at the request of a State participating in a 
     consortium with other States, may reallot funds allotted to 
     such State under title III of the Social Security Act to 
     other States participating in the consortium in order to 
     carry out activities that benefit the administration of the 
     unemployment compensation law of the State making the 
     request.
       In addition, $40,000,000 from the Employment Security 
     Administration Account of the Unemployment Trust Fund shall 
     be available to conduct in-person reemployment and 
     eligibility assessments and unemployment insurance improper 
     payment reviews: Provided, That not later than June 30, 2010, 
     the Secretary shall submit an interim report to the Congress 
     that includes available information on expenditures, number 
     of individuals assessed, and outcomes from the assessments: 
     Provided further, That not later than June 30, 2011, the 
     Secretary of Labor shall submit to the Congress a final 
     report containing comprehensive information on the estimated 
     savings that result from the assessments of claimants and 
     identification of best practices.


        Advances to the Unemployment Trust Fund and Other Funds

       For repayable advances to the Unemployment Trust Fund as 
     authorized by sections 905(d) and 1203 of the Social Security 
     Act, and to the Black Lung Disability Trust Fund as 
     authorized by section 9501(c)(1) of the Internal Revenue Code 
     of 1954; and for nonrepayable advances to the Unemployment 
     Trust Fund as authorized by 5 U.S.C. 8509, and to the 
     ``Federal unemployment benefits and allowances'' account, to 
     remain available through September 30, 2010, $422,000,000.
       In addition, for making repayable advances to the Black 
     Lung Disability Trust Fund in the current fiscal year after 
     September 15, 2009, for costs incurred by the Black Lung 
     Disability Trust Fund in the current fiscal year, such sums 
     as may be necessary.


                         Program Administration

       For expenses of administering employment and training 
     programs, $85,323,000, together with not to exceed 
     $45,140,000, which may be expended from the Employment 
     Security Administration Account in the Unemployment Trust 
     Fund.

               Employee Benefits Security Administration


                         salaries and expenses

       For necessary expenses for the Employee Benefits Security 
     Administration, $143,419,000.

                  Pension Benefit Guaranty Corporation


               Pension Benefit Guaranty Corporation Fund

       The Pension Benefit Guaranty Corporation (``Corporation'') 
     is authorized to make such expenditures, including financial 
     assistance authorized by subtitle E of title IV of the 
     Employee Retirement Income Security Act of 1974, within 
     limits of funds and borrowing authority available to the 
     Corporation, and in accord with law, and to make such 
     contracts and commitments without regard to fiscal year 
     limitations as provided by 31 U.S.C. 9104 as may be necessary 
     in carrying out the program, including associated 
     administrative expenses, through September 30, 2009, for the 
     Corporation: Provided, That none of the funds available to 
     the Corporation for fiscal year 2009 shall be available for 
     obligations for administrative expenses in excess of 
     $444,722,000: Provided further, That to the extent that the 
     number of new plan participants in plans terminated by the 
     Corporation exceeds 100,000 in fiscal year 2009, an amount 
     not to exceed an additional $9,200,000 shall be available for 
     obligation for administrative expenses for every 20,000 
     additional terminated participants: Provided further, That an 
     additional $50,000 shall be made available for obligation for 
     investment management fees for every $25,000,000 in assets 
     received by the Corporation as a result of new plan 
     terminations or asset growth, after approval by the Office of 
     Management and Budget and notification of the Committees on 
     Appropriations of the House of Representatives and the 
     Senate: Provided further, That obligations in excess of the 
     amounts provided in this paragraph may be incurred for 
     unforeseen and extraordinary pre-termination expenses after 
     approval by the Office of Management and Budget and 
     notification of the Committees on Appropriations of the House 
     of Representatives and the Senate.

                  Employment Standards Administration

                         salaries and expenses

                         (including rescission)

       For necessary expenses for the Employment Standards 
     Administration, including

[[Page 5671]]

     reimbursement to State, Federal, and local agencies and their 
     employees for inspection services rendered, $438,166,000, 
     together with $2,101,000 which may be expended from the 
     Special Fund in accordance with sections 39(c), 44(d), and 
     44(j) of the Longshore and Harbor Workers' Compensation Act: 
     Provided, That the Secretary of Labor is authorized to 
     establish and, in accordance with 31 U.S.C 3302, collect and 
     deposit in the Treasury fees for processing applications and 
     issuing certificates under sections 11(d) and 14 of the Fair 
     Labor Standards Act of 1938 and for processing applications 
     and issuing registrations under title I of the Migrant and 
     Seasonal Agricultural Worker Protection Act.
       Of the unobligated funds collected pursuant to section 
     286(v) of the Immigration and Nationality Act, $97,000,000 
     are rescinded as of September 30, 2009.

                            special benefits

                     (including transfer of funds)

       For the payment of compensation, benefits, and expenses 
     (except administrative expenses) accruing during the current 
     or any prior fiscal year authorized by 5 U.S.C. 81; 
     continuation of benefits as provided for under the heading 
     ``Civilian War Benefits'' in the Federal Security Agency 
     Appropriation Act, 1947; the Employees' Compensation 
     Commission Appropriation Act, 1944; sections 4(c) and 5(f) of 
     the War Claims Act of 1948; and 50 percent of the additional 
     compensation and benefits required by section 10(h) of the 
     Longshore and Harbor Workers' Compensation Act, $163,000,000, 
     together with such amounts as may be necessary to be charged 
     to the subsequent year appropriation for the payment of 
     compensation and other benefits for any period subsequent to 
     August 15 of the current year: Provided, That amounts 
     appropriated may be used under 5 U.S.C. 8104, by the 
     Secretary of Labor to reimburse an employer, who is not the 
     employer at the time of injury, for portions of the salary of 
     a reemployed, disabled beneficiary: Provided further, That 
     balances of reimbursements unobligated on September 30, 2008, 
     shall remain available until expended for the payment of 
     compensation, benefits, and expenses: Provided further, That 
     in addition there shall be transferred to this appropriation 
     from the Postal Service and from any other corporation or 
     instrumentality required under 5 U.S.C. 8147(c) to pay an 
     amount for its fair share of the cost of administration, such 
     sums as the Secretary determines to be the cost of 
     administration for employees of such fair share entities 
     through September 30, 2009: Provided further, That of those 
     funds transferred to this account from the fair share 
     entities to pay the cost of administration of the Federal 
     Employees' Compensation Act, $52,720,000 shall be made 
     available to the Secretary as follows:
       (1) For enhancement and maintenance of automated data 
     processing systems and telecommunications systems, 
     $15,068,000;
       (2) For automated workload processing operations, including 
     document imaging, centralized mail intake, and medical bill 
     processing, $23,273,000;
       (3) For periodic roll management and medical review, 
     $14,379,000; and
       (4) The remaining funds shall be paid into the Treasury as 
     miscellaneous receipts:

     Provided further, That the Secretary may require that any 
     person filing a notice of injury or a claim for benefits 
     under 5 U.S.C. 81, or the Longshore and Harbor Workers' 
     Compensation Act, provide as part of such notice and claim, 
     such identifying information (including Social Security 
     account number) as such regulations may prescribe.


               Special Benefits for Disabled Coal Miners

       For carrying out title IV of the Federal Mine Safety and 
     Health Act of 1977, as amended by Public Law 107-275, 
     $188,130,000, to remain available until expended.
       For making after July 31 of the current fiscal year, 
     benefit payments to individuals under title IV of such Act, 
     for costs incurred in the current fiscal year, such amounts 
     as may be necessary.
       For making benefit payments under title IV for the first 
     quarter of fiscal year 2010, $56,000,000, to remain available 
     until expended.


    Administrative Expenses, Energy Employees Occupational Illness 
                           Compensation Fund

       For necessary expenses to administer the Energy Employees 
     Occupational Illness Compensation Program Act, $49,654,000, 
     to remain available until expended: Provided, That the 
     Secretary of Labor may require that any person filing a claim 
     for benefits under the Act provide as part of such claim, 
     such identifying information (including Social Security 
     account number) as may be prescribed.


                    Black Lung Disability Trust Fund

                     (including transfer of funds)

       In fiscal year 2009 and thereafter, such sums as may be 
     necessary from the Black Lung Disability Trust Fund 
     (``Fund''), to remain available until expended, for payment 
     of all benefits authorized by section 9501(d)(1), (2), (4), 
     and (7) of the Internal Revenue Code of 1954; and interest on 
     advances, as authorized by section 9501(c)(2) of that Act. In 
     addition, the following amounts may be expended from the Fund 
     for fiscal year 2009 for expenses of operation and 
     administration of the Black Lung Benefits program, as 
     authorized by section 9501(d)(5): not to exceed $32,308,000 
     for transfer to the Employment Standards Administration 
     ``Salaries and Expenses''; not to exceed $24,694,000 for 
     transfer to Departmental Management, ``Salaries and 
     Expenses''; not to exceed $325,000 for transfer to 
     Departmental Management, ``Office of Inspector General''; and 
     not to exceed $356,000 for payments into miscellaneous 
     receipts for the expenses of the Department of the Treasury.

             Occupational Safety and Health Administration


                         Salaries and Expenses

       For necessary expenses for the Occupational Safety and 
     Health Administration, $513,042,000, including not to exceed 
     $92,593,000 which shall be the maximum amount available for 
     grants to States under section 23(g) of the Occupational 
     Safety and Health Act (``Act''), which grants shall be no 
     less than 50 percent of the costs of State occupational 
     safety and health programs required to be incurred under 
     plans approved by the Secretary of Labor under section 18 of 
     the Act; and, in addition, notwithstanding 31 U.S.C. 3302, 
     the Occupational Safety and Health Administration may retain 
     up to $750,000 per fiscal year of training institute course 
     tuition fees, otherwise authorized by law to be collected, 
     and may utilize such sums for occupational safety and health 
     training and education grants: Provided, That, 
     notwithstanding 31 U.S.C. 3302, the Secretary is authorized, 
     during the fiscal year ending September 30, 2009, to collect 
     and retain fees for services provided to Nationally 
     Recognized Testing Laboratories, and may utilize such sums, 
     in accordance with the provisions of 29 U.S.C. 9a, to 
     administer national and international laboratory recognition 
     programs that ensure the safety of equipment and products 
     used by workers in the workplace: Provided further, That none 
     of the funds appropriated under this paragraph shall be 
     obligated or expended to prescribe, issue, administer, or 
     enforce any standard, rule, regulation, or order under the 
     Act which is applicable to any person who is engaged in a 
     farming operation which does not maintain a temporary labor 
     camp and employs 10 or fewer employees: Provided further, 
     That no funds appropriated under this paragraph shall be 
     obligated or expended to administer or enforce any standard, 
     rule, regulation, or order under the Act with respect to any 
     employer of 10 or fewer employees who is included within a 
     category having a Days Away, Restricted, or Transferred 
     (DART) occupational injury and illness rate, at the most 
     precise industrial classification code for which such data 
     are published, less than the national average rate as such 
     rates are most recently published by the Secretary, acting 
     through the Bureau of Labor Statistics, in accordance with 
     section 24 of the Act, except--
       (1) to provide, as authorized by the Act, consultation, 
     technical assistance, educational and training services, and 
     to conduct surveys and studies;
       (2) to conduct an inspection or investigation in response 
     to an employee complaint, to issue a citation for violations 
     found during such inspection, and to assess a penalty for 
     violations which are not corrected within a reasonable 
     abatement period and for any willful violations found;
       (3) to take any action authorized by the Act with respect 
     to imminent dangers;
       (4) to take any action authorized by the Act with respect 
     to health hazards;
       (5) to take any action authorized by the Act with respect 
     to a report of an employment accident which is fatal to one 
     or more employees or which results in hospitalization of two 
     or more employees, and to take any action pursuant to such 
     investigation authorized by the Act; and
       (6) to take any action authorized by the Act with respect 
     to complaints of discrimination against employees for 
     exercising rights under the Act:

     Provided further, That the foregoing proviso shall not apply 
     to any person who is engaged in a farming operation which 
     does not maintain a temporary labor camp and employs 10 or 
     fewer employees: Provided further, That $10,000,000 shall be 
     available for Susan Harwood training grants, of which 
     $3,144,000 shall be used for the Institutional Competency 
     Building training grants awarded in February 2008, provided 
     that a grantee has demonstrated satisfactory performance: 
     Provided further, That such grants shall be awarded not later 
     than 30 days after the date of enactment of this Act.

                 Mine Safety and Health Administration


                         Salaries and Expenses

       For necessary expenses for the Mine Safety and Health 
     Administration, $347,003,000, including purchase and bestowal 
     of certificates and trophies in connection with mine rescue 
     and first-aid work, and the hire of passenger motor vehicles, 
     including up to $2,000,000 for mine rescue and recovery 
     activities, and $1,808,000 to continue the project with the 
     United Mine Workers of America, for classroom and simulated 
     rescue training for mine rescue teams; in addition, not to 
     exceed $750,000 may be collected by the National Mine Health 
     and Safety Academy for room,

[[Page 5672]]

     board, tuition, and the sale of training materials, otherwise 
     authorized by law to be collected, to be available for mine 
     safety and health education and training activities, 
     notwithstanding 31 U.S.C. 3302; and, in addition, the Mine 
     Safety and Health Administration may retain up to $1,000,000 
     from fees collected for the approval and certification of 
     equipment, materials, and explosives for use in mines, and 
     may utilize such sums for such activities; the Secretary of 
     Labor is authorized to accept lands, buildings, equipment, 
     and other contributions from public and private sources and 
     to prosecute projects in cooperation with other agencies, 
     Federal, State, or private; the Mine Safety and Health 
     Administration is authorized to promote health and safety 
     education and training in the mining community through 
     cooperative programs with States, industry, and safety 
     associations; the Secretary is authorized to recognize the 
     Joseph A. Holmes Safety Association as a principal safety 
     association and, notwithstanding any other provision of law, 
     may provide funds and, with or without reimbursement, 
     personnel, including service of Mine Safety and Health 
     Administration officials as officers in local chapters or in 
     the national organization; and any funds available to the 
     Department of Labor may be used, with the approval of the 
     Secretary, to provide for the costs of mine rescue and 
     survival operations in the event of a major disaster.

                       Bureau of Labor Statistics


                         Salaries and Expenses

       For necessary expenses for the Bureau of Labor Statistics, 
     including advances or reimbursements to State, Federal, and 
     local agencies and their employees for services rendered, 
     $518,918,000, together with not to exceed $78,264,000, which 
     may be expended from the Employment Security Administration 
     Account in the Unemployment Trust Fund, of which $1,500,000 
     may be used to fund the mass layoff statistics program under 
     section 15 of the Wagner-Peyser Act: Provided, That the 
     Current Employment Survey shall maintain the content of the 
     survey issued prior to June 2005 with respect to the 
     collection of data for the women worker series.

                 Office of Disability Employment Policy


                         salaries and expenses

       For necessary expenses for the Office of Disability 
     Employment Policy to provide leadership, develop policy and 
     initiatives, and award grants furthering the objective of 
     eliminating barriers to the training and employment of people 
     with disabilities, $26,679,000.

                        Departmental Management


                         Salaries and Expenses

       For necessary expenses for Departmental Management, 
     including the hire of three sedans, and including the 
     management or operation, through contracts, grants or other 
     arrangements of Departmental activities conducted by or 
     through the Bureau of International Labor Affairs, including 
     bilateral and multilateral technical assistance and other 
     international labor activities, $313,871,000, of which 
     $86,074,000 is for the Bureau of International Labor Affairs 
     (including $6,500,000 to implement model programs to address 
     worker rights issues through technical assistance in 
     countries with which the United States has trade preference 
     programs), and of which $21,286,000 is for the acquisition of 
     Departmental information technology, architecture, 
     infrastructure, equipment, software and related needs, which 
     will be allocated by the Department's Chief Information 
     Officer in accordance with the Department's capital 
     investment management process to assure a sound investment 
     strategy; together with not to exceed $327,000, which may be 
     expended from the Employment Security Administration Account 
     in the Unemployment Trust Fund.


                          office of job corps

       To carry out subtitle C of title I of the Workforce 
     Investment Act of 1998, including Federal administrative 
     expenses, the purchase and hire of passenger motor vehicles, 
     the construction, alteration and repairs of buildings and 
     other facilities, and the purchase of real property for 
     training centers as authorized by the Workforce Investment 
     Act; $1,683,938,000, plus reimbursements, as follows:
       (1) $1,540,276,000 for Job Corps Operations, of which 
     $949,276,000 shall be available for obligation for the period 
     July 1, 2009 through June 30, 2010 and of which $591,000,000 
     shall be available for obligation for the period October 1, 
     2009 through June 30, 2010;
       (2) $115,000,000 for construction, rehabilitation and 
     acquisition of Job Corps Centers, of which $15,000,000 shall 
     be available for the period July 1, 2009 through June 30, 
     2012 and $100,000,000 shall be available for the period 
     October 1, 2009 through June 30, 2012; and
       (3) $28,662,000 for necessary expenses of the Office of Job 
     Corps shall be available for obligation for the period 
     October 1, 2008 through September 30, 2009:

     Provided, That the Office of Job Corps shall have contracting 
     authority: Provided further, That no funds from any other 
     appropriation shall be used to provide meal services at or 
     for Job Corps centers.


                    Veterans Employment and Training

       Not to exceed $205,468,000 may be derived from the 
     Employment Security Administration Account in the 
     Unemployment Trust Fund to carry out the provisions of 38 
     U.S.C. 4100-4113, 4211-4215, and 4321-4327, and Public Law 
     103-353, and which shall be available for obligation by the 
     States through December 31, 2009, of which $1,949,000 is for 
     the National Veterans' Employment and Training Services 
     Institute. To carry out the Homeless Veterans Reintegration 
     Programs under section 5(a)(1) of the Homeless Veterans 
     Comprehensive Assistance Act of 2001 and the Veterans 
     Workforce Investment Programs under section 168 of the 
     Workforce Investment Act, $33,971,000, of which $7,641,000 
     shall be available for obligation for the period July 1, 2009 
     through June 30, 2010.


                      Office of Inspector General

       For salaries and expenses of the Office of Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, $76,326,000, together with not to exceed 
     $5,815,000, which may be expended from the Employment 
     Security Administration Account in the Unemployment Trust 
     Fund.

                           General Provisions

       Sec. 101. None of the funds appropriated in this Act for 
     the Job Corps shall be used to pay the salary of an 
     individual, either as direct costs or any proration as an 
     indirect cost, at a rate in excess of Executive Level I.


                          (transfer of funds)

       Sec. 102. Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985) which are appropriated for the current 
     fiscal year for the Department of Labor in this Act may be 
     transferred between a program, project, or activity, but no 
     such program, project, or activity shall be increased by more 
     than 3 percent by any such transfer: Provided, That the 
     transfer authority granted by this section shall be available 
     only to meet emergency needs and shall not be used to create 
     any new program or to fund any project or activity for which 
     no funds are provided in this Act: Provided further, That the 
     Committees on Appropriations of the House of Representatives 
     and the Senate are notified at least 15 days in advance of 
     any transfer.
       Sec. 103. In accordance with Executive Order No. 13126, 
     none of the funds appropriated or otherwise made available 
     pursuant to this Act shall be obligated or expended for the 
     procurement of goods mined, produced, manufactured, or 
     harvested or services rendered, whole or in part, by forced 
     or indentured child labor in industries and host countries 
     already identified by the United States Department of Labor 
     prior to enactment of this Act.
       Sec. 104.  After September 30, 2008, the Secretary of Labor 
     shall issue a monthly transit subsidy of not less than the 
     full amount (of not less than $115) that each of its 
     employees of the National Capital Region is eligible to 
     receive.
       Sec. 105. None of the funds appropriated in this title for 
     grants under section 171 of the Workforce Investment Act of 
     1998 may be obligated prior to the preparation and submission 
     of a report by the Secretary of Labor to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     detailing the planned uses of such funds.
       Sec. 106. There is authorized to be appropriated such sums 
     as may be necessary to the Denali Commission through the 
     Department of Labor to conduct job training of the local 
     workforce where Denali Commission projects will be 
     constructed.
       Sec. 107. None of the funds made available to the 
     Department of Labor for grants under section 414(c) of the 
     American Competitiveness and Workforce Improvement Act of 
     1998 may be used for any purpose other than training in the 
     occupations and industries for which employers are using H-1B 
     visas to hire foreign workers, and the related activities 
     necessary to support such training: Provided, That the 
     preceding limitation shall not apply to multi-year grants 
     awarded prior to June 30, 2007.
       Sec. 108. None of the funds available in this Act or 
     available to the Secretary of Labor from other sources for 
     Community-Based Job Training grants and grants authorized 
     under section 414(c) of the American Competitiveness and 
     Workforce Improvement Act of 1998 shall be obligated for a 
     grant awarded on a non-competitive basis.
       Sec. 109. The Secretary of Labor shall take no action to 
     amend, through regulatory or administration action, the 
     definition established in section 667.220 of title 20 of the 
     Code of Federal Regulations for functions and activities 
     under title I of the Workforce Investment Act of 1998, or to 
     modify, through regulatory or administrative action, the 
     procedure for redesignation of local areas as specified in 
     subtitle B of title I of that Act (including applying the 
     standards specified in section 116(a)(3)(B) of that Act, but 
     notwithstanding the time limits specified in section 
     116(a)(3)(B) of that Act), until such time as legislation 
     reauthorizing the Act is enacted. Nothing in the preceding 
     sentence shall permit or require the Secretary to withdraw 
     approval for such redesignation from a State that received 
     the approval not later than October 12, 2005, or to revise 
     action taken or modify the redesignation procedure being used 
     by the Secretary in order to complete such redesignation for 
     a State that initiated

[[Page 5673]]

     the process of such redesignation by submitting any request 
     for such redesignation not later than October 26, 2005.
       Sec. 110. None of the funds made available in this or any 
     other Act shall be available to finalize or implement any 
     proposed regulation under the Workforce Investment Act of 
     1998, Wagner-Peyser Act of 1933, or the Trade Adjustment 
     Assistance Reform Act of 2002 until such time as legislation 
     reauthorizing the Workforce Investment Act of 1998 and the 
     Trade Adjustment Assistance Reform Act of 2002 is enacted.
       Sec. 111.  None of the funds appropriated in this Act under 
     the heading ``Employment and Training Administration'' shall 
     be used by a recipient or subrecipient of such funds to pay 
     the salary and bonuses of an individual, either as direct 
     costs or indirect costs, at a rate in excess of Executive 
     Level II. This limitation shall not apply to vendors 
     providing goods and services as defined in Office of 
     Management and Budget Circular A-133. Where States are 
     recipients of such funds, States may establish a lower limit 
     for salaries and bonuses of those receiving salaries and 
     bonuses from subrecipients of such funds, taking into account 
     factors including the relative cost-of-living in the State, 
     the compensation levels for comparable State or local 
     government employees, and the size of the organizations that 
     administer Federal programs involved including Employment and 
     Training Administration programs.
       This title may be cited as the ``Department of Labor 
     Appropriations Act, 2009''.

                                TITLE II

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration


                     Health Resources and Services

       For carrying out titles II, III, IV, VII, VIII, X, XI, XII, 
     XIX, and XXVI of the Public Health Service Act (``PHS Act''), 
     section 427(a) of the Federal Coal Mine Health and Safety 
     Act, title V and sections 711, 1128E, and 1820 of the Social 
     Security Act, the Health Care Quality Improvement Act of 
     1986, the Native Hawaiian Health Care Act of 1988, the 
     Cardiac Arrest Survival Act of 2000, section 712 of the 
     American Jobs Creation Act of 2004, and the Stem Cell 
     Therapeutic and Research Act of 2005, $7,234,436,000, of 
     which $39,200,000 from general revenues, notwithstanding 
     section 1820(j) of the Social Security Act, shall be 
     available for carrying out the Medicare rural hospital 
     flexibility grants program under such section: Provided, That 
     of the funds made available under this heading, $129,000 
     shall be available until expended for facilities renovations 
     at the Gillis W. Long Hansen's Disease Center: Provided 
     further, That $56,000,000 of the funding provided for 
     community health centers shall be for base grant adjustments 
     for existing health centers: Provided further, That in 
     addition to fees authorized by section 427(b) of the Health 
     Care Quality Improvement Act of 1986, fees shall be collected 
     for the full disclosure of information under the Act 
     sufficient to recover the full costs of operating the 
     National Practitioner Data Bank, and shall remain available 
     until expended to carry out that Act: Provided further, That 
     fees collected for the full disclosure of information under 
     the ``Health Care Fraud and Abuse Data Collection Program'', 
     authorized by section 1128E(d)(2) of the Social Security Act, 
     shall be sufficient to recover the full costs of operating 
     the program, and shall remain available until expended to 
     carry out that Act: Provided further, That no more than 
     $40,000 is available until expended for carrying out the 
     provisions of section 224(o) of the PHS Act including 
     associated administrative expenses and relevant evaluations: 
     Provided further, That no more than $44,055,000 is available 
     until expended for carrying out the provisions of Public Law 
     104-73 and for expenses incurred by the Department of Health 
     and Human Services pertaining to administrative claims made 
     under such law:  Provided further, That of the funds made 
     available under this heading, $307,491,000 shall be for the 
     program under title X of the PHS Act to provide for voluntary 
     family planning projects: Provided further, That amounts 
     provided to said projects under such title shall not be 
     expended for abortions, that all pregnancy counseling shall 
     be nondirective, and that such amounts shall not be expended 
     for any activity (including the publication or distribution 
     of literature) that in any way tends to promote public 
     support or opposition to any legislative proposal or 
     candidate for public office: Provided further, That of the 
     funds available under this heading, $1,886,873,000 shall 
     remain available to the Secretary of Health and Human 
     Services through September 30, 2011, for parts A and B of 
     title XXVI of the PHS Act: Provided further, That within the 
     amounts provided for part A of title XXVI of the PHS Act, 
     $10,853,000 is available to the Secretary of Health and Human 
     Services through September 30, 2011, and shall be available 
     to qualifying jurisdictions, within 30 days of enactment, for 
     increasing supplemental grants for fiscal year 2009 to 
     metropolitan areas that received grant funding in fiscal year 
     2008 under subpart I of part A of title XXVI of the PHS Act 
     to ensure that an area's total funding under subpart I of 
     part A for fiscal year 2008, together with the amount of this 
     additional funding, is not less than 93.7 percent of the 
     amount of such area's total funding under part A for fiscal 
     year 2006, and to transitional areas that received grant 
     funding in fiscal year 2008 under subpart II of part A of 
     title XXVI of the PHS Act to ensure that an area's total 
     funding under subpart II of part A for fiscal year 2008, 
     together with the amount of this additional funding, is not 
     less than 88.7 percent of the amount of such area's total 
     funding under part A for fiscal year 2006: Provided further, 
     That notwithstanding section 2603(c)(1) of the PHS Act, the 
     additional funding to areas under the immediately preceding 
     proviso, which may be used for costs incurred during fiscal 
     year 2008, shall be available to the area for obligation from 
     the date of the award through the end of the grant year for 
     the award: Provided further, That $815,000,000 shall be for 
     State AIDS Drug Assistance Programs authorized by section 
     2616 of the PHS Act: Provided further, That in addition to 
     amounts provided herein, $25,000,000 shall be available from 
     amounts available under section 241 of the PHS Act to carry 
     out parts A, B, C, and D of title XXVI of the PHS Act to fund 
     section 2691 Special Projects of National Significance: 
     Provided further, That notwithstanding section 502(a)(1) and 
     502(b)(1) of the Social Security Act, not to exceed 
     $92,551,000 is available for carrying out special projects of 
     regional and national significance pursuant to section 
     501(a)(2) of such Act and $10,400,000 is available for 
     projects described in paragraphs (A) through (F) of section 
     501(a)(3) of such Act: Provided further, That notwithstanding 
     section 747(e)(2) of the PHS Act, not less than $5,000,000 
     shall be for general dentistry programs, not less than 
     $5,000,000 shall be for pediatric dentistry programs 
     including faculty loan repayment, and not less than 
     $29,025,000 shall be for family medicine programs: Provided 
     further, That of the funds provided, $19,642,000 shall be 
     provided to the Denali Commission as a direct lump payment 
     pursuant to Public Law 106-113: Provided further, That of the 
     funds provided, $26,000,000 shall be provided for the Delta 
     Health Initiative as authorized in section 219 of division G 
     of Public Law 110-161 and associated administrative expenses: 
     Provided further, That funds provided under section 846 and 
     subpart 3 of part D of title III of the PHS Act may be used 
     to make prior year adjustments to awards made under these 
     sections: Provided further, That of the amount appropriated 
     in this paragraph, $310,470,000 shall be used for the 
     projects financing the construction and renovation (including 
     equipment) of health care and other facilities and for other 
     health-related activities, and in the amounts, specified 
     under the heading ``Health Resources and Services'' in the 
     explanatory statement described in section 4 (in the matter 
     preceding division A of this consolidated Act), and of which 
     up to one percent of the amount for each project may be used 
     for related agency administrative expenses: Provided further, 
     That notwithstanding section 338J(k) of the PHS Act, 
     $9,201,000 is available for State Offices of Rural Health: 
     Provided further, That of the funds provided, $15,000,000 is 
     available for the Small Rural Hospital Improvement Grant 
     Program for quality improvement and adoption of health 
     information technology.


           Health Education Assistance Loans Program Account

       Such sums as may be necessary to carry out the purpose of 
     the program, as authorized by title VII of the Public Health 
     Service Act (``PHS Act''). For administrative expenses to 
     carry out the guaranteed loan program, including section 709 
     of the PHS Act, $2,847,000.


             Vaccine Injury Compensation Program Trust Fund

       For payments from the Vaccine Injury Compensation Program 
     Trust Fund (``Trust Fund''), such sums as may be necessary 
     for claims associated with vaccine-related injury or death 
     with respect to vaccines administered after September 30, 
     1988, pursuant to subtitle 2 of title XXI of the Public 
     Health Service Act, to remain available until expended: 
     Provided, That for necessary administrative expenses, not to 
     exceed $5,404,000 shall be available from the Trust Fund to 
     the Secretary of Health and Human Services.

               Centers for Disease Control and Prevention

                disease control, research, and training

       To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, 
     and XXVI of the Public Health Service Act (``PHS Act''), 
     sections 101, 102, 103, 201, 202, 203, 301, 501, and 514 of 
     the Federal Mine Safety and Health Act of 1977, section 13 of 
     the Mine Improvement and New Emergency Response Act of 2006, 
     sections 20, 21, and 22 of the Occupational Safety and Health 
     Act of 1970, title IV of the Immigration and Nationality Act, 
     section 501 of the Refugee Education Assistance Act of 1980, 
     and for expenses necessary to support activities related to 
     countering potential biological, nuclear, radiological, and 
     chemical threats to civilian populations; including purchase 
     and insurance of official motor vehicles in foreign 
     countries; and purchase, hire, maintenance, and operation of 
     aircraft, $6,283,350,000, of which $151,500,000 shall remain 
     available until expended for acquisition of real property, 
     equipment, construction and renovation of facilities; of 
     which

[[Page 5674]]

     $570,307,000 shall remain available until expended for the 
     Strategic National Stockpile under section 319F-2 of the PHS 
     Act; of which $21,997,000 shall be used for the projects, and 
     in the amounts, specified under the heading ``Disease 
     Control, Research, and Training'' in the explanatory 
     statement described in section 4 (in the matter preceding 
     division A of this consolidated Act); of which $118,863,000 
     for international HIV/AIDS shall remain available through 
     September 30, 2010; and of which $70,000,000 shall be 
     available until expended to provide screening and treatment 
     for first response emergency services personnel, residents, 
     students, and others related to the September 11, 2001 
     terrorist attacks on the World Trade Center: Provided, That 
     in addition, such sums as may be derived from authorized user 
     fees, which shall be credited to this account: Provided 
     further, That in addition to amounts provided herein, the 
     following amounts shall be available from amounts available 
     under section 241 of the PHS Act: (1) $12,794,000 to carry 
     out the National Immunization Surveys; (2) $124,701,000 to 
     carry out the National Center for Health Statistics surveys; 
     (3) $24,751,000 to carry out information systems standards 
     development and architecture and applications-based research 
     used at local public health levels; (4) $46,780,000 for 
     Health Marketing; (5) $31,000,000 to carry out Public Health 
     Research; and (6) $91,225,000 to carry out research 
     activities within the National Occupational Research Agenda: 
     Provided further, That none of the funds made available for 
     injury prevention and control at the Centers for Disease 
     Control and Prevention may be used, in whole or in part, to 
     advocate or promote gun control: Provided further, That of 
     the funds made available under this heading, up to $1,000 per 
     eligible employee of the Centers for Disease Control and 
     Prevention shall be made available until expended for 
     Individual Learning Accounts: Provided further, That the 
     Director may redirect the total amount made available under 
     authority of Public Law 101-502, section 3, dated November 3, 
     1990, to activities the Director may so designate: Provided 
     further, That the Committees on Appropriations of the House 
     of Representatives and the Senate are to be notified promptly 
     of any such redirection: Provided further, That not to exceed 
     $19,528,000 may be available for making grants under section 
     1509 of the PHS Act to not less than 21 States, tribes, or 
     tribal organizations: Provided further, That notwithstanding 
     any other provision of law, the Centers for Disease Control 
     and Prevention shall award a single contract or related 
     contracts for development and construction of the next 
     building or facility designated in the Buildings and 
     Facilities Master Plan that collectively include the full 
     scope of the project: Provided further, That the solicitation 
     and contract shall contain the clause ``availability of 
     funds'' found at 48 CFR 52.232-18: Provided further, That of 
     the funds appropriated, $10,000 shall be for official 
     reception and representation expenses when specifically 
     approved by the Director of the Centers for Disease Control 
     and Prevention: Provided further, That employees of the 
     Centers for Disease Control and Prevention or the Public 
     Health Service, both civilian and Commissioned Officers, 
     detailed to States, municipalities, or other organizations 
     under authority of section 214 of the PHS Act, or in overseas 
     assignments, shall be treated as non-Federal employees for 
     reporting purposes only and shall not be included within any 
     personnel ceiling applicable to the Agency, Service, or the 
     Department of Health and Human Services during the period of 
     detail or assignment: Provided further, That out of funds 
     made available under this heading for domestic HIV/AIDS 
     testing, up to $15,000,000 shall be for States newly eligible 
     in fiscal year 2009 under section 2625 of the PHS Act as of 
     December 31, 2008 and shall be distributed by May 31, 2009 
     based on standard criteria relating to a State's 
     epidemiological profile, and of which not more than 
     $1,000,000 may be made available to any one State, and 
     amounts that have not been obligated by May 31, 2009 shall be 
     made available to States and local public health departments 
     for HIV testing activities: Provided further, That none of 
     the funds made available in this Act to carry out part A of 
     title XIX of the PHS Act may be used to provide more than 75 
     percent of any State's allotment under section 1902 of the 
     PHS Act until such State certifies that it will submit a plan 
     to the Secretary of Health and Human Services, not later than 
     January 1, 2010, to reduce healthcare-associated infections: 
     Provided further, That each such State plan shall be 
     consistent with the Department of Health and Human Services' 
     national action plan for reducing healthcare-associated 
     infections and include measurable 5-year goals and interim 
     milestones for reducing such infections: Provided further, 
     That the Secretary shall conduct a review of the State plans 
     submitted pursuant to the preceding proviso and report to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate not later than June 1, 2010, regarding the 
     adequacy of such plans for achieving State and national goals 
     for reducing healthcare-associated infections: Provided 
     further, That for purposes of the two preceding provisos, the 
     term ``State'' means each of the several States, the District 
     of Columbia, and the Commonwealth of Puerto Rico.
       In addition, for necessary expenses to administer the 
     Energy Employees Occupational Illness Compensation Program 
     Act, $55,358,000, to remain available until expended, of 
     which $4,500,000 shall be for use by or in support of the 
     Advisory Board on Radiation and Worker Health (``the Board'') 
     to carry out its statutory responsibilities, including 
     obtaining audits, technical assistance, and other support 
     from the Board's audit contractor with regard to radiation 
     dose estimation and reconstruction efforts, site profiles, 
     procedures, and review of Special Exposure Cohort petitions 
     and evaluation reports: Provided, That this amount shall be 
     available consistent with the provision regarding 
     administrative expenses in section 151(b) of division B, 
     title I of Public Law 106-554.

                     National Institutes of Health


                       National Cancer Institute

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to cancer, $4,968,973,000, of 
     which up to $8,000,000 may be used for facilities repairs and 
     improvements at the National Cancer Institute-Frederick 
     Federally Funded Research and Development Center in 
     Frederick, Maryland.


               National Heart, Lung, and Blood Institute

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to cardiovascular, lung, and 
     blood diseases, and blood and blood products, $3,015,689,000.


         National Institute of Dental and Craniofacial Research

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to dental disease, 
     $402,652,000.


    National Institute of Diabetes and Digestive and Kidney Diseases

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to diabetes and digestive and 
     kidney disease, $1,761,338,000.


        National Institute of Neurological Disorders and Stroke

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to neurological disorders and 
     stroke, $1,593,344,000.


         National Institute of Allergy and Infectious Diseases

                     (including transfer of funds)

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to allergy and infectious 
     diseases, $4,702,572,000: Provided, That $300,000,000 may be 
     made available to International Assistance Programs ``Global 
     Fund to Fight HIV/AIDS, Malaria, and Tuberculosis'', to 
     remain available until expended.


             National Institute of General Medical Sciences

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to general medical sciences, 
     $1,997,801,000.


  Eunice Kennedy Shriver National Institute of Child Health and Human 
                              Development

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to child health and human 
     development, $1,294,894,000.


                         National Eye Institute

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to eye diseases and visual 
     disorders, $688,480,000.


          National Institute of Environmental Health Sciences

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to environmental health 
     sciences, $662,820,000.


                      National Institute on Aging

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to aging, $1,080,796,000.


 National Institute of Arthritis and Musculoskeletal and Skin Diseases

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to arthritis and 
     musculoskeletal and skin diseases, $524,872,000.


    National Institute on Deafness and Other Communication Disorders

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to deafness and other 
     communication disorders, $407,259,000.


                 National Institute of Nursing Research

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to nursing research, 
     $141,879,000.


           National Institute on Alcohol Abuse and Alcoholism

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to alcohol abuse and 
     alcoholism, $450,230,000.


                    National Institute on Drug Abuse

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to drug abuse, 
     $1,032,759,000.


                  National Institute of Mental Health

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to mental health, 
     $1,450,491,000.

[[Page 5675]]




                National Human Genome Research Institute

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to human genome research, 
     $502,367,000.


      National Institute of Biomedical Imaging and Bioengineering

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to biomedical imaging and 
     bioengineering research, $308,208,000.


                 National Center for Research Resources

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to research resources and 
     general research support grants, $1,226,263,000.


       National Center for Complementary and Alternative Medicine

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to complementary and 
     alternative medicine, $125,471,000.


       National Center on Minority Health and Health Disparities

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to minority health and health 
     disparities research, $205,959,000.


                  John E. Fogarty International Center

       For carrying out the activities of the John E. Fogarty 
     International Center (described in subpart 2 of part E of 
     title IV of the Public Health Service Act), $68,691,000.


                      National Library of Medicine

       For carrying out section 301 and title IV of the Public 
     Health Service Act (``PHS Act'') with respect to health 
     information communications, $330,771,000, of which $4,000,000 
     shall be available until expended for improvement of 
     information systems: Provided, That in fiscal year 2009, the 
     National Library of Medicine may enter into personal services 
     contracts for the provision of services in facilities owned, 
     operated, or constructed under the jurisdiction of the 
     National Institutes of Health: Provided further, That in 
     addition to amounts provided herein, $8,200,000 shall be 
     available from amounts available under section 241 of the PHS 
     Act to carry out the purposes of the National Information 
     Center on Health Services Research and Health Care Technology 
     established under section 478A of the PHS Act and related 
     health services.


                         Office of the Director

       For carrying out the responsibilities of the Office of the 
     Director, National Institutes of Health (``NIH''), 
     $1,246,864,000, of which up to $25,000,000 shall be used to 
     carry out section 214 of this Act: Provided, That funding 
     shall be available for the purchase of not to exceed 29 
     passenger motor vehicles for replacement only: Provided 
     further, That the NIH is authorized to collect third party 
     payments for the cost of clinical services that are incurred 
     in NIH research facilities and that such payments shall be 
     credited to the NIH Management Fund: Provided further, That 
     all funds credited to such Fund shall remain available for 
     one fiscal year after the fiscal year in which they are 
     deposited: Provided further, That up to $192,300,000 shall be 
     available for continuation of the National Children's Study: 
     Provided further, That $541,133,000 shall be available for 
     the Common Fund established under section 402A(c)(1) of the 
     Public Health Service Act (``PHS Act''): Provided further, 
     That of the funds provided $10,000 shall be for official 
     reception and representation expenses when specifically 
     approved by the Director of the NIH: Provided further, That 
     the Office of AIDS Research within the Office of the Director 
     of the NIH may spend up to $8,000,000 to make grants for 
     construction or renovation of facilities as provided for in 
     section 2354(a)(5)(B) of the PHS Act.


                        Buildings and Facilities

       For the study of, construction of, renovation of, and 
     acquisition of equipment for, facilities of or used by the 
     National Institutes of Health, including the acquisition of 
     real property, $125,581,000, to remain available until 
     expended.

       Substance Abuse and Mental Health Services Administration


               substance abuse and mental health services

       For carrying out titles III, V, and XIX of the Public 
     Health Service Act (``PHS Act'') with respect to substance 
     abuse and mental health services and the Protection and 
     Advocacy for Individuals with Mental Illness Act, 
     $3,334,906,000, of which $15,666,000 shall be used for the 
     projects, and in the amounts, specified under the heading 
     ``Substance Abuse and Mental Health Services'' in the 
     explanatory statement described in section 4 (in the matter 
     preceding division A of this consolidated Act): Provided, 
     That notwithstanding section 520A(f)(2) of the PHS Act, no 
     funds appropriated for carrying out section 520A are 
     available for carrying out section 1971 of the PHS Act: 
     Provided further, That $2,000,000 shall be available to 
     establish State-administered controlled substance monitoring 
     systems as authorized by Public Law 109-60: Provided further, 
     That $772,000 shall be for reimbursing the General Services 
     Administration for environmental testing and remediation on 
     the federally owned facilities at St. Elizabeths Hospital, 
     including but not limited to testing and remediation 
     conducted prior to fiscal year 2009: Provided further, That 
     in addition to amounts provided herein, the following amounts 
     shall be available under section 241 of the PHS Act: (1) 
     $79,200,000 to carry out subpart II of part B of title XIX of 
     the PHS Act to fund section 1935(b) technical assistance, 
     national data, data collection and evaluation activities, and 
     further that the total available under this Act for section 
     1935(b) activities shall not exceed 5 percent of the amounts 
     appropriated for subpart II of part B of title XIX; (2) 
     $21,039,000 to carry out subpart I of part B of title XIX of 
     the PHS Act to fund section 1920(b) technical assistance, 
     national data, data collection and evaluation activities, and 
     further that the total available under this Act for section 
     1920(b) activities shall not exceed 5 percent of the amounts 
     appropriated for subpart I of part B of title XIX; (3) 
     $22,750,000 to carry out national surveys on drug abuse and 
     mental health; and (4) $8,596,000 to collect and analyze data 
     and evaluate substance abuse treatment programs: Provided 
     further, That section 520E(b)(2) of the PHS Act shall not 
     apply to funds appropriated under this Act for fiscal year 
     2009.

               Agency for Healthcare Research and Quality


                    Healthcare Research and Quality

       For carrying out titles III and IX of the Public Health 
     Service Act (``PHS Act''), part A of title XI of the Social 
     Security Act, and section 1013 of the Medicare Prescription 
     Drug, Improvement, and Modernization Act of 2003, amounts 
     received from Freedom of Information Act fees, reimbursable 
     and interagency agreements, and the sale of data shall be 
     credited to this appropriation and shall remain available 
     until expended: Provided, That the amount made available 
     pursuant to section 937(c) of the PHS Act shall not exceed 
     $372,053,000.

               Centers for Medicare and Medicaid Services

                     grants to states for medicaid

       For carrying out, except as otherwise provided, titles XI 
     and XIX of the Social Security Act, $149,335,031,000, to 
     remain available until expended.
       For making, after May 31, 2009, payments to States under 
     title XIX of the Social Security Act for the last quarter of 
     fiscal year 2009 for unanticipated costs, incurred for the 
     current fiscal year, such sums as may be necessary.
       For making payments to States or in the case of section 
     1928 on behalf of States under title XIX of the Social 
     Security Act for the first quarter of fiscal year 2010, 
     $71,700,038,000, to remain available until expended.
       Payment under title XIX may be made for any quarter with 
     respect to a State plan or plan amendment in effect during 
     such quarter, if submitted in or prior to such quarter and 
     approved in that or any subsequent quarter.

                  payments to health care trust funds

       For payment to the Federal Hospital Insurance Trust Fund 
     and the Federal Supplementary Medical Insurance Trust Fund, 
     as provided under sections 217(g), 1844, and 1860D-16 of the 
     Social Security Act, sections 103(c) and 111(d) of the Social 
     Security Amendments of 1965, section 278(d) of Public Law 97-
     248, and for administrative expenses incurred pursuant to 
     section 201(g) of the Social Security Act, $195,383,000,000.
       In addition, for making matching payments under section 
     1844, and benefit payments under section 1860D-16 of the 
     Social Security Act, not anticipated in budget estimates, 
     such sums as may be necessary.

                           program management

       For carrying out, except as otherwise provided, titles XI, 
     XVIII, XIX, and XXI of the Social Security Act, titles XIII 
     and XXVII of the Public Health Service Act (``PHS Act''), and 
     the Clinical Laboratory Improvement Amendments of 1988, not 
     to exceed $3,305,386,000, to be transferred from the Federal 
     Hospital Insurance Trust Fund and the Federal Supplementary 
     Medical Insurance Trust Fund, as authorized by section 201(g) 
     of the Social Security Act; together with all funds collected 
     in accordance with section 353 of the PHS Act and section 
     1857(e)(2) of the Social Security Act, funds retained by the 
     Secretary of Health and Human Services pursuant to section 
     302 of the Tax Relief and Health Care Act of 2006; and such 
     sums as may be collected from authorized user fees and the 
     sale of data, which shall be credited to this account and 
     remain available until expended: Provided, That all funds 
     derived in accordance with 31 U.S.C. 9701 from organizations 
     established under title XIII of the PHS Act shall be credited 
     to and available for carrying out the purposes of this 
     appropriation: Provided further, That $35,700,000, to remain 
     available through September 30, 2010, shall be for contract 
     costs for the Healthcare Integrated General Ledger Accounting 
     System: Provided further, That $108,900,000, to remain 
     available through September 30, 2010, shall be for the 
     Centers for Medicare and Medicaid Services (``CMS'') Medicare 
     contracting reform activities: Provided further, That funds 
     appropriated under this heading shall be available for the 
     Healthy Start, Grow Smart program under which the CMS may, 
     directly or through grants, contracts, or cooperative 
     agreements, produce and distribute informational materials 
     including,

[[Page 5676]]

     but not limited to, pamphlets and brochures on infant and 
     toddler health care to expectant parents enrolled in the 
     Medicaid program and to parents and guardians enrolled in 
     such program with infants and children: Provided further, 
     That the Secretary is directed to collect fees in fiscal year 
     2009 from Medicare Advantage organizations pursuant to 
     section 1857(e)(2) of the Social Security Act and from 
     eligible organizations with risk-sharing contracts under 
     section 1876 of that Act pursuant to section 1876(k)(4)(D) of 
     that Act: Provided further, That $4,542,000 shall be used for 
     the projects, and in the amounts, specified under the heading 
     ``Program Management'' in the explanatory statement described 
     in section 4 (in the matter preceding division A of this 
     consolidated Act): Provided further, That $75,000,000 is 
     available for the State high risk health insurance pool 
     program as authorized by the State High Risk Pool Funding 
     Extension Act of 2006.

              Health Care Fraud and Abuse Control Account

       In addition to amounts otherwise available for program 
     integrity and program management, $198,000,000, to be 
     transferred from the Federal Hospital Insurance Trust Fund 
     and the Federal Supplementary Medical Insurance Trust Fund, 
     as authorized by section 201(g) of the Social Security Act, 
     of which $147,038,000 shall be for the Medicare Integrity 
     Program at the Centers for Medicare and Medicaid Services to 
     conduct oversight of activities for Medicare Advantage and 
     the Medicare Prescription Drug Program authorized in title 
     XVIII of the Social Security Act, including activities listed 
     in section 1893(b) of such Act; of which $18,967,000 shall be 
     for the Department of Health and Human Services Office of 
     Inspector General; of which $13,028,000 shall be for the 
     Medicaid and State Children's Health Insurance Program 
     (``SCHIP'') program integrity activities; and of which 
     $18,967,000 shall be for the Department of Justice: Provided, 
     That the report required by section 1817(k)(5) of the Social 
     Security Act for fiscal year 2009 shall include measures of 
     the operational efficiency and impact on fraud, waste, and 
     abuse in the Medicare, Medicaid, and SCHIP programs for the 
     funds provided by this appropriation.

                Administration for Children and Families


  Payments to States for Child Support Enforcement and Family Support 
                                Programs

       For making payments to States or other non-Federal entities 
     under titles I, IV-D, X, XI, XIV, and XVI of the Social 
     Security Act and the Act of July 5, 1960, $2,759,078,000, to 
     remain available until expended; and for such purposes for 
     the first quarter of fiscal year 2010, $1,000,000,000, to 
     remain available until expended.
       For making payments to each State for carrying out the 
     program of Aid to Families with Dependent Children under 
     title IV-A of the Social Security Act before the effective 
     date of the program of Temporary Assistance for Needy 
     Families with respect to such State, such sums as may be 
     necessary: Provided, That the sum of the amounts available to 
     a State with respect to expenditures under such title IV-A in 
     fiscal year 1997 under this appropriation and under such 
     title IV-A as amended by the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 shall not exceed the 
     limitations under section 116(b) of such Act.
       For making, after May 31 of the current fiscal year, 
     payments to States or other non-Federal entities under titles 
     I, IV-D, X, XI, XIV, and XVI of the Social Security Act and 
     the Act of July 5, 1960, for the last 3 months of the current 
     fiscal year for unanticipated costs, incurred for the current 
     fiscal year, such sums as may be necessary.


                     Refugee and Entrant Assistance

       For necessary expenses for refugee and entrant assistance 
     activities authorized by section 414 of the Immigration and 
     Nationality Act and section 501 of the Refugee Education 
     Assistance Act of 1980, for carrying out section 462 of the 
     Homeland Security Act of 2002, for costs associated with the 
     care and placement of unaccompanied alien children, and for 
     carrying out the Torture Victims Relief Act of 1998, 
     $633,442,000, of which up to $9,814,000 shall be available to 
     carry out the Trafficking Victims Protection Act of 2000: 
     Provided, That funds appropriated under this heading pursuant 
     to section 414(a) of the Immigration and Nationality Act and 
     section 462 of the Homeland Security Act of 2002 for fiscal 
     year 2009 shall be available for the costs of assistance 
     provided and other activities to remain available through 
     September 30, 2011.


   Payments to States for the Child Care and Development Block Grant

       For carrying out the Child Care and Development Block Grant 
     Act of 1990, $2,127,081,000 shall be used to supplement, not 
     supplant State general revenue funds for child care 
     assistance for low-income families: Provided, That 
     $18,960,000 shall be available for child care resource and 
     referral and school-aged child care activities, of which 
     $1,000,000 shall be for the Child Care Aware toll-free 
     hotline: Provided further, That, in addition to the amounts 
     required to be reserved by the States under section 658G, 
     $271,401,000 shall be reserved by the States for activities 
     authorized under section 658G, of which $99,534,000 shall be 
     for activities that improve the quality of infant and toddler 
     care: Provided further, That $9,910,000 shall be for use by 
     the Secretary of Health and Human Services for child care 
     research, demonstration, and evaluation activities.


                      Social Services Block Grant

       For making grants to States pursuant to section 2002 of the 
     Social Security Act, $1,700,000,000: Provided, That 
     notwithstanding subparagraph (B) of section 404(d)(2) of such 
     Act, the applicable percent specified under such subparagraph 
     for a State to carry out State programs pursuant to title XX 
     of such Act shall be 10 percent.

                children and families services programs

       For carrying out, except as otherwise provided, the Runaway 
     and Homeless Youth Act, the Developmental Disabilities 
     Assistance and Bill of Rights Act, the Head Start Act, the 
     Child Abuse Prevention and Treatment Act, sections 310 and 
     316 of the Family Violence Prevention and Services Act, the 
     Native American Programs Act of 1974, title II of the Child 
     Abuse Prevention and Treatment and Adoption Reform Act of 
     1978 (adoption opportunities), sections 330F and 330G of the 
     Public Health Service Act (``PHS Act''), the Abandoned 
     Infants Assistance Act of 1988, sections 261 and 291 of the 
     Help America Vote Act of 2002, part B-1 of title IV and 
     sections 413, 1110, and 1115 of the Social Security Act; for 
     making payments under the Community Services Block Grant Act 
     (``CSBG Act''), sections 439(i), 473B, and 477(i) of the 
     Social Security Act, and the Assets for Independence Act; and 
     for necessary administrative expenses to carry out such Acts 
     and titles I, IV, V, X, XI, XIV, XVI, and XX of the Social 
     Security Act, the Act of July 5, 1960, the Low-Income Home 
     Energy Assistance Act of 1981, title IV of the Immigration 
     and Nationality Act, section 501 of the Refugee Education 
     Assistance Act of 1980, and section 505 of the Family Support 
     Act of 1988, $9,301,111,000, of which $36,500,000, to remain 
     available through September 30, 2010, shall be for grants to 
     States for adoption incentive payments, as authorized by 
     section 473A of the Social Security Act and may be made for 
     adoptions completed before September 30, 2009: Provided, That 
     without regard to the fiscal year limitations set forth in 
     section 473A of the Social Security Act, from the amounts 
     appropriated herein, the Secretary shall pay adoption 
     incentives for fiscal year 2008 in the same manner as such 
     incentives were awarded in fiscal year 2008 for the previous 
     fiscal year: Provided further, That $7,112,786,000 shall be 
     for making payments under the Head Start Act, of which 
     $2,000,000, to remain available through September 30, 2010, 
     shall be designated to fund section 657B: Provided further, 
     That $746,000,000 shall be for making payments under the CSBG 
     Act: Provided further, That not less than $10,000,000 shall 
     be for section 680(3)(B) of the CSBG Act: Provided further, 
     That in addition to amounts provided herein, $5,762,000 shall 
     be available from amounts available under section 241 of the 
     PHS Act to carry out the provisions of section 1110 of the 
     Social Security Act: Provided further, That to the extent 
     Community Services Block Grant funds are distributed as grant 
     funds by a State to an eligible entity as provided under the 
     CSBG Act, and have not been expended by such entity, they 
     shall remain with such entity for carryover into the next 
     fiscal year for expenditure by such entity consistent with 
     program purposes: Provided further, That the Secretary of 
     Health and Human Services shall establish procedures 
     regarding the disposition of intangible assets and program 
     income that permit such assets acquired with, and program 
     income derived from, grant funds authorized under section 680 
     of the CSBG Act to become the sole property of such grantees 
     after a period of not more than 12 years after the end of the 
     grant period for any activity consistent with section 
     680(a)(2)(A) of the CSBG Act: Provided further, That 
     intangible assets in the form of loans, equity investments 
     and other debt instruments, and program income may be used by 
     grantees for any eligible purpose consistent with section 
     680(a)(2)(A) of the CSBG Act: Provided further, That these 
     procedures shall apply to such grant funds made available 
     after November 29, 1999: Provided further, That funds 
     appropriated for section 680(a)(2) of the CSBG Act shall be 
     available for financing construction and rehabilitation and 
     loans or investments in private business enterprises owned by 
     community development corporations: Provided further, That 
     $47,688,000 shall be for a compassion capital fund to provide 
     grants to charitable organizations to emulate model social 
     service programs and to encourage research on the best 
     practices of social service organizations: Provided further, 
     That $17,410,000 shall be for activities authorized by the 
     Help America Vote Act of 2002, of which $12,154,000 shall be 
     for payments to States to promote access for voters with 
     disabilities, and of which $5,256,000 shall be for payments 
     to States for protection and advocacy systems for voters with 
     disabilities: Provided further, That $94,659,000 shall be for 
     making competitive grants to provide abstinence education (as 
     defined by section 510(b)(2) of the Social Security Act) to 
     adolescents, and for Federal costs of administering the 
     grants: Provided further, That grants under the immediately

[[Page 5677]]

     preceding proviso shall be made only to public and private 
     entities which agree that, with respect to an adolescent to 
     whom the entities provide abstinence education under such 
     grants, the entities will not provide to that adolescent any 
     other education regarding sexual conduct, except that, in the 
     case of an entity expressly required by law to provide health 
     information or services the adolescent shall not be precluded 
     from seeking health information or services from the entity 
     in a different setting than the setting in which abstinence 
     education was provided: Provided further, That information 
     provided through such competitive grants for abstinence 
     education shall be scientifically accurate and shall comply 
     with section 317P(c)(2) of the PHS Act: Provided further, 
     That within amounts provided herein for abstinence education 
     for adolescents, up to $10,000,000 may be available for a 
     national abstinence education campaign: Provided further, 
     That in addition to amounts provided herein for abstinence 
     education for adolescents, $4,455,000 shall be available from 
     amounts available under section 241 of the PHS Act to carry 
     out evaluations (including longitudinal evaluations) of 
     adolescent pregnancy prevention approaches: Provided further, 
     That up to $2,000,000 shall be for improving the Public 
     Assistance Reporting Information System, including grants to 
     States to support data collection for a study of the system's 
     effectiveness: Provided further, That $16,910,000 shall be 
     used for the projects, and in the amounts, specified under 
     the heading ``Children and Families Services Programs'' in 
     the explanatory statement described in section 4 (in the 
     matter preceding division A of this consolidated Act).


                   promoting safe and stable families

       For carrying out section 436 of the Social Security Act, 
     $345,000,000 and section 437 of such Act, $63,311,000.


       Payments to States for Foster Care and Adoption Assistance

       For making payments to States or other non-Federal entities 
     under title IV-E of the Social Security Act, $5,050,000,000.
       For making payments to States or other non-Federal entities 
     under title IV-E of the Social Security Act, for the first 
     quarter of fiscal year 2010, $1,800,000,000.
       For making, after May 31 of the current fiscal year, 
     payments to States or other non-Federal entities under 
     section 474 of title IV-E of the Social Security Act, for the 
     last 3 months of the current fiscal year for unanticipated 
     costs, incurred for the current fiscal year, such sums as may 
     be necessary.

                        Administration on Aging


                        Aging Services Programs

       For carrying out, to the extent not otherwise provided, the 
     Older Americans Act of 1965, section 398 of the Public Health 
     Service Act, and section 119 of the Medicare Improvements for 
     Patients and Providers Act of 2008, $1,491,343,000, of which 
     $5,500,000 shall be available for activities regarding 
     medication management, screening, and education to prevent 
     incorrect medication and adverse drug reactions: Provided, 
     That $5,123,000 shall be used for the projects, and in the 
     amounts, specified under the heading ``Aging Services 
     Programs'' in the explanatory statement described in section 
     4 (in the matter preceding division A of this consolidated 
     Act).

                        Office of the Secretary

                    general departmental management


                     (including transfer of funds)

       For necessary expenses, not otherwise provided, for general 
     departmental management, including hire of six sedans, and 
     for carrying out titles III, XVII, XX, XXI, and XXIX of the 
     Public Health Service Act (``PHS Act''), the United States-
     Mexico Border Health Commission Act, and research studies 
     under section 1110 of the Social Security Act, $389,925,000, 
     together with $5,851,000 to be transferred and expended as 
     authorized by section 201(g)(1) of the Social Security Act 
     from the Federal Hospital Insurance Trust Fund and the 
     Federal Supplementary Medical Insurance Trust Fund, and 
     $46,756,000 from the amounts available under section 241 of 
     the PHS Act to carry out national health or human services 
     research and evaluation activities: Provided, That of this 
     amount, $51,891,000 shall be for minority AIDS prevention and 
     treatment activities; $5,789,000 shall be to assist 
     Afghanistan in the development of maternal and child health 
     clinics, consistent with section 103(a)(4)(H) of the 
     Afghanistan Freedom Support Act of 2002; and $1,000,000 shall 
     be transferred, not later than 30 days after enactment of 
     this Act, to the National Institute of Mental Health to 
     administer the Interagency Autism Coordinating Committee: 
     Provided further, That of the funds made available under this 
     heading for carrying out title XX of the PHS Act, $13,120,000 
     shall be for activities specified under section 2003(b)(2), 
     all of which shall be for prevention service demonstration 
     grants under section 510(b)(2) of title V of the Social 
     Security Act without application of the limitation of section 
     2010(c) of such title XX: Provided further, That funds 
     provided in this Act for embryo adoption activities may be 
     used to provide, to individuals adopting embryos, through 
     grants and other mechanisms, medical and administrative 
     services deemed necessary for such adoptions: Provided 
     further, That such services shall be provided consistent with 
     42 CFR 59.5(a)(4): Provided further, That $2,854,000 shall be 
     used for the projects, and in the amounts, specified under 
     the heading ``General Departmental Management'' in the 
     explanatory statement described in section 4 (in the matter 
     preceding division A of this consolidated Act): Provided 
     further, That specific information requests from the chairmen 
     and ranking members of the Subcommittees on Labor, Health and 
     Human Services, and Education, and Related Agencies, on 
     scientific research or any other matter, shall be transmitted 
     to the Committees on Appropriations of the House of 
     Representatives and the Senate (``Committees on 
     Appropriations'') in a prompt, professional manner and within 
     the time frame specified in the request: Provided further, 
     That scientific information, including such information 
     provided in congressional testimony, requested by the 
     Committees on Appropriations and prepared by government 
     researchers and scientists shall be transmitted to the 
     Committees on Appropriations, uncensored and without delay.


                office of medicare hearings and appeals

       For expenses necessary for administrative law judges 
     responsible for hearing cases under title XVIII of the Social 
     Security Act (and related provisions of title XI of such 
     Act), $64,604,000, to be transferred in appropriate part from 
     the Federal Hospital Insurance Trust Fund and the Federal 
     Supplementary Medical Insurance Trust Fund.

  office of the national coordinator for health information technology

       For expenses necessary for the Office of the National 
     Coordinator for Health Information Technology, including 
     grants, contracts, and cooperative agreements for the 
     development and advancement of interoperable health 
     information technology, $43,552,000: Provided, That in 
     addition to amounts provided herein, $17,679,000 shall be 
     available from amounts available under section 241 of the 
     Public Health Service Act.

                      office of inspector general

       For expenses necessary for the Office of Inspector General, 
     including the hire of passenger motor vehicles for 
     investigations, in carrying out the provisions of the 
     Inspector General Act of 1978, $45,279,000: Provided, That of 
     such amount, necessary sums shall be available for providing 
     protective services to the Secretary of Health and Human 
     Services and investigating non-payment of child support cases 
     for which non-payment is a Federal offense under 18 U.S.C. 
     228: Provided further, That at least forty percent of the 
     funds provided in this Act for the Office of Inspector 
     General shall be used only for investigations, audits, and 
     evaluations pertaining to the discretionary programs funded 
     in this Act.

                        office for civil rights

       For expenses necessary for the Office for Civil Rights, 
     $36,785,000, together with not to exceed $3,314,000 to be 
     transferred and expended as authorized by section 201(g)(1) 
     of the Social Security Act from the Federal Hospital 
     Insurance Trust Fund and the Federal Supplementary Medical 
     Insurance Trust Fund.

     retirement pay and medical benefits for commissioned officers

       For retirement pay and medical benefits of Public Health 
     Service Commissioned Officers as authorized by law, for 
     payments under the Retired Serviceman's Family Protection 
     Plan and Survivor Benefit Plan, and for medical care of 
     dependents and retired personnel under the Dependents' 
     Medical Care Act, such amounts as may be required during the 
     current fiscal year.

            public health and social services emergency fund

                     (including transfer of funds)

       For expenses necessary to support activities related to 
     countering potential biological, nuclear, radiological and 
     chemical threats to civilian populations, and for other 
     public health emergencies, $537,704,000, of which not to 
     exceed $22,052,000 shall be to pay the costs described in 
     section 319F-2(c)(7)(B) of the Public Health Service Act 
     (``PHS Act'').
       For expenses necessary to support advanced research and 
     development pursuant to section 319L of the PHS Act, 
     $275,000,000, to be derived by transfer from funds 
     appropriated under the heading ``Biodefense Countermeasures'' 
     in the Department of Homeland Security Appropriations Act, 
     2004, to remain available through September 30, 2010.
       For expenses necessary to prepare for and respond to an 
     influenza pandemic, $448,091,000, together with $137,000,000 
     to be derived by transfer from funds appropriated under the 
     heading ``Biodefense Countermeasures'' in the Department of 
     Homeland Security Appropriations Act, 2004, of which 
     $507,000,000 shall be available until expended, for 
     activities including the development and purchase of vaccine, 
     antivirals, necessary medical supplies, diagnostics, and 
     other surveillance tools: Provided, That products purchased 
     with these funds may, at the discretion of the Secretary of 
     Health and Human Services, be deposited in the Strategic 
     National Stockpile under section 319F-2 of the PHS Act: 
     Provided further, That notwithstanding section 496(b) of the 
     PHS Act, funds

[[Page 5678]]

     may be used for the construction or renovation of privately 
     owned facilities for the production of pandemic influenza 
     vaccines and other biologics, if the Secretary finds such 
     construction or renovation necessary to secure sufficient 
     supplies of such vaccines or biologics: Provided further, 
     That funds appropriated herein may be transferred to other 
     appropriation accounts of the Department of Health and Human 
     Services, as determined by the Secretary to be appropriate, 
     to be used for the purposes specified in this paragraph.

                           GENERAL PROVISIONS

       Sec. 201. Funds appropriated in this title shall be 
     available for not to exceed $50,000 for official reception 
     and representation expenses when specifically approved by the 
     Secretary of Health and Human Services.
       Sec. 202. The Secretary of Health and Human Services shall 
     make available through assignment not more than 60 employees 
     of the Public Health Service to assist in child survival 
     activities and to work in AIDS programs through and with 
     funds provided by the Agency for International Development, 
     the United Nations International Children's Emergency Fund or 
     the World Health Organization.
       Sec. 203. None of the funds appropriated in this Act for 
     the National Institutes of Health, the Agency for Healthcare 
     Research and Quality, and the Substance Abuse and Mental 
     Health Services Administration shall be used to pay the 
     salary of an individual, through a grant or other extramural 
     mechanism, at a rate in excess of Executive Level I.
       Sec. 204. None of the funds appropriated in this Act may be 
     expended pursuant to section 241 of the Public Health Service 
     Act, except for funds specifically provided for in this Act, 
     or for other taps and assessments made by any office located 
     in the Department of Health and Human Services, prior to the 
     preparation and submission of a report by the Secretary of 
     Health and Human Services to the Committees on Appropriations 
     of the House of Representatives and the Senate detailing the 
     planned uses of such funds.
       Sec. 205. Notwithstanding section 241(a) of the Public 
     Health Service Act, such portion as the Secretary of Health 
     and Human Services shall determine, but not more than 2.4 
     percent, of any amounts appropriated for programs authorized 
     under such Act shall be made available for the evaluation 
     (directly, or by grants or contracts) of the implementation 
     and effectiveness of such programs.


                          (transfer of funds)

       Sec. 206. Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985) which are appropriated for the current 
     fiscal year for the Department of Health and Human Services 
     in this Act may be transferred between a program, project, or 
     activity, but no such program, project, or activity shall be 
     increased by more than 3 percent by any such transfer: 
     Provided, That the transfer authority granted by this section 
     shall be available only to meet emergency needs and shall not 
     be used to create any new program or to fund any project or 
     activity for which no funds are provided in this Act: 
     Provided further, That the Committees on Appropriations of 
     the House of Representatives and the Senate are notified at 
     least 15 days in advance of any transfer.


                          (transfer of funds)

       Sec. 207. The Director of the National Institutes of 
     Health, jointly with the Director of the Office of AIDS 
     Research, may transfer up to 3 percent among institutes and 
     centers from the total amounts identified by these two 
     Directors as funding for research pertaining to the human 
     immunodeficiency virus: Provided, That the Committees on 
     Appropriations of the House of Representatives and the Senate 
     are notified at least 15 days in advance of any transfer.


                          (transfer of funds)

       Sec. 208. Of the amounts made available in this Act for the 
     National Institutes of Health, the amount for research 
     related to the human immunodeficiency virus, as jointly 
     determined by the Director of the National Institutes of 
     Health and the Director of the Office of AIDS Research, shall 
     be made available to the ``Office of AIDS Research'' account. 
     The Director of the Office of AIDS Research shall transfer 
     from such account amounts necessary to carry out section 
     2353(d)(3) of the Public Health Service Act.
       Sec. 209.  None of the funds appropriated in this Act may 
     be made available to any entity under title X of the Public 
     Health Service Act unless the applicant for the award 
     certifies to the Secretary of Health and Human Services that 
     it encourages family participation in the decision of minors 
     to seek family planning services and that it provides 
     counseling to minors on how to resist attempts to coerce 
     minors into engaging in sexual activities.
       Sec. 210. Notwithstanding any other provision of law, no 
     provider of services under title X of the Public Health 
     Service Act shall be exempt from any State law requiring 
     notification or the reporting of child abuse, child 
     molestation, sexual abuse, rape, or incest.
       Sec. 211. None of the funds appropriated by this Act 
     (including funds appropriated to any trust fund) may be used 
     to carry out the Medicare Advantage program if the Secretary 
     of Health and Human Services denies participation in such 
     program to an otherwise eligible entity (including a Provider 
     Sponsored Organization) because the entity informs the 
     Secretary that it will not provide, pay for, provide coverage 
     of, or provide referrals for abortions: Provided, That the 
     Secretary shall make appropriate prospective adjustments to 
     the capitation payment to such an entity (based on an 
     actuarially sound estimate of the expected costs of providing 
     the service to such entity's enrollees): Provided further, 
     That nothing in this section shall be construed to change the 
     Medicare program's coverage for such services and a Medicare 
     Advantage organization described in this section shall be 
     responsible for informing enrollees where to obtain 
     information about all Medicare covered services.
       Sec. 212. (a) Except as provided by subsection (e) none of 
     the funds appropriated by this Act may be used to withhold 
     substance abuse funding from a State pursuant to section 1926 
     of the Public Health Service Act if such State certifies to 
     the Secretary of Health and Human Services by May 1, 2009, 
     that the State will commit additional State funds, in 
     accordance with subsection (b), to ensure compliance with 
     State laws prohibiting the sale of tobacco products to 
     individuals under 18 years of age.
       (b) The amount of funds to be committed by a State under 
     subsection (a) shall be equal to 1 percent of such State's 
     substance abuse block grant allocation for each percentage 
     point by which the State misses the retailer compliance rate 
     goal established by the Secretary under section 1926 of such 
     Act.
       (c) The State is to maintain State expenditures in fiscal 
     year 2009 for tobacco prevention programs and for compliance 
     activities at a level that is not less than the level of such 
     expenditures maintained by the State for fiscal year 2008, 
     and adding to that level the additional funds for tobacco 
     compliance activities required under subsection (a). The 
     State is to submit a report to the Secretary on all fiscal 
     year 2008 State expenditures and all fiscal year 2009 
     obligations for tobacco prevention and compliance activities 
     by program activity by July 31, 2009.
       (d) The Secretary shall exercise discretion in enforcing 
     the timing of the State obligation of the additional funds 
     required by the certification described in subsection (a) as 
     late as July 31, 2009.
       (e) None of the funds appropriated by this Act may be used 
     to withhold substance abuse funding pursuant to section 1926 
     of the Public Health Service Act from a territory that 
     receives less than $1,000,000.
       Sec. 213. In order for the Department of Health and Human 
     Services to carry out international health activities, 
     including HIV/AIDS and other infectious disease, chronic and 
     environmental disease, and other health activities abroad 
     during fiscal year 2009:
       (1) The Secretary of Health and Human Services may exercise 
     authority equivalent to that available to the Secretary of 
     State in section 2(c) of the State Department Basic 
     Authorities Act of 1956. The Secretary of Health and Human 
     Services shall consult with the Secretary of State and 
     relevant Chief of Mission to ensure that the authority 
     provided in this section is exercised in a manner consistent 
     with section 207 of the Foreign Service Act of 1980 and other 
     applicable statutes administered by the Department of State.
       (2) The Secretary of Health and Human Services is 
     authorized to provide such funds by advance or reimbursement 
     to the Secretary of State as may be necessary to pay the 
     costs of acquisition, lease, alteration, renovation, and 
     management of facilities outside of the United States for the 
     use of the Department of Health and Human Services. The 
     Department of State shall cooperate fully with the Secretary 
     of Health and Human Services to ensure that the Department of 
     Health and Human Services has secure, safe, functional 
     facilities that comply with applicable regulation governing 
     location, setback, and other facilities requirements and 
     serve the purposes established by this Act. The Secretary of 
     Health and Human Services is authorized, in consultation with 
     the Secretary of State, through grant or cooperative 
     agreement, to make available to public or nonprofit private 
     institutions or agencies in participating foreign countries, 
     funds to acquire, lease, alter, or renovate facilities in 
     those countries as necessary to conduct programs of 
     assistance for international health activities, including 
     activities relating to HIV/AIDS and other infectious 
     diseases, chronic and environmental diseases, and other 
     health activities abroad.
       Sec. 214. (a) Authority.--Notwithstanding any other 
     provision of law, the Director of the National Institutes of 
     Health (``Director'') may use funds available under section 
     402(b)(7) or 402(b)(12) of the Public Health Service Act 
     (``PHS Act'') to enter into transactions (other than 
     contracts, cooperative agreements, or grants) to carry out 
     research identified pursuant to such section 402(b)(7) 
     (pertaining to the Common Fund) or research and activities 
     described in such section 402(b)(12).
       (b) Peer Review.--In entering into transactions under 
     subsection (a), the Director

[[Page 5679]]

     may utilize such peer review procedures (including 
     consultation with appropriate scientific experts) as the 
     Director determines to be appropriate to obtain assessments 
     of scientific and technical merit. Such procedures shall 
     apply to such transactions in lieu of the peer review and 
     advisory council review procedures that would otherwise be 
     required under sections 301(a)(3), 405(b)(1)(B), 405(b)(2), 
     406(a)(3)(A), 492, and 494 of the PHS Act.
       Sec. 215. Funds which are available for Individual Learning 
     Accounts for employees of the Centers for Disease Control and 
     Prevention (``CDC'') and the Agency for Toxic Substances and 
     Disease Registry (``ATSDR'') may be transferred to ``Disease 
     Control, Research, and Training'', to be available only for 
     Individual Learning Accounts: Provided, That such funds may 
     be used for any individual full-time equivalent employee 
     while such employee is employed either by CDC or ATSDR.
       Sec. 216. Notwithstanding any other provisions of law, 
     funds made available in this Act may be used to continue 
     operating the Council on Graduate Medical Education 
     established by section 301 of Public Law 102-408.
       Sec. 217.  The Director of the National Institutes of 
     Health (``NIH'') shall require in the current fiscal year and 
     thereafter that all investigators funded by the NIH submit or 
     have submitted for them to the National Library of Medicine's 
     PubMed Central an electronic version of their final, peer-
     reviewed manuscripts upon acceptance for publication, to be 
     made publicly available no later than 12 months after the 
     official date of publication: Provided, That the NIH shall 
     implement the public access policy in a manner consistent 
     with copyright law.
       Sec. 218. Not to exceed $35,000,000   of funds appropriated 
     by this Act to the institutes and centers of the National 
     Institutes of Health may be used for alteration, repair, or 
     improvement of facilities, as necessary for the proper and 
     efficient conduct of the activities authorized herein, at not 
     to exceed $2,500,000 per project.


                          (transfer of funds)

       Sec. 219. Of the amounts made available for the National 
     Institutes of Health, 1 percent of the amount made available 
     for National Research Service Awards (``NRSA'') shall be made 
     available to the Administrator of the Health Resources and 
     Services Administration to make NRSA awards for research in 
     primary medical care to individuals affiliated with entities 
     who have received grants or contracts under section 747 of 
     the Public Health Service Act, and 1 percent of the amount 
     made available for NRSA shall be made available to the 
     Director of the Agency for Healthcare Research and Quality to 
     make NRSA awards for health service research.
       Sec. 220.  Section 223 of division G of the Consolidated 
     Appropriations Act, 2008, is amended in its first proviso by 
     striking ``for'' the first time it appears and inserting 
     ``in''.
       Sec. 221. (a) In General.--Section 1927(c)(1)(D) of the 
     Social Security Act (42 U.S.C. Sec. 1396r-8(c)(1)(D)), as 
     added by section 6001(d)(2) of the Deficit Reduction Act of 
     2005, is amended--
       (1) in clause (i)--
       (A) by redesignating subclause (IV) as subclause (VI); and
       (B) by inserting after subclause (III) the following:

       ``(IV) An entity that--

       ``(aa) is described in section 501(c)(3) of the Internal 
     Revenue Code of 1986 and exempt from tax under section 501(a) 
     of such Act or is State-owned or operated; and
       ``(bb) would be a covered entity described in section 
     340(B)(a)(4) of the Public Health Service Act insofar as the 
     entity provides the same type of services to the same type of 
     populations as a covered entity described in such section 
     provides, but does not receive funding under a provision of 
     law referred to in such section;

       ``(V) A public or nonprofit entity, or an entity based at 
     an institution of higher learning whose primary purpose is to 
     provide health care services to students of that institution, 
     that provides a service or services described under section 
     1001(a) of the Public Health Service Act, 42 U.S.C. 300.''.

       (2) by adding at the end the following new clause:
       ``(iv) Rule of Construction.--Nothing in this subparagraph 
     shall be construed to alter any existing statutory or 
     regulatory prohibition on services with respect to an entity 
     described in clause (i)(IV), including the prohibition set 
     forth in section 1008 of the Public Health Service Act.''.
       (b) Effective Date.--The amendments made by this subsection 
     shall take effect as if included in the amendment made by 
     section 6001(d)(2) of the Deficit Reduction Act of 2005.
       Sec. 222. Section 202 of Public Law 102-394 is hereby 
     amended by substituting ``4,000'' for ``2,800''.
       Sec. 223. Within 60 days of passage of this Act, the 
     Secretary of the Department of Health and Human Services 
     shall issue an Advanced Notice of Proposed Rulemaking to 
     solicit public comment in advance of modifying regulations at 
     42 CFR Part 50 Subpart F for the purpose of strengthening 
     Federal oversight and identifying enhancements of policies, 
     including requirements for financial disclosure to 
     institutions, governing financial conflicts of interest among 
     extramural investigators receiving grant support from the 
     National Institutes of Health.
       Sec. 224. Hereafter, the activities authorized under 
     section 399M of the Public Health Service Act shall be known 
     as the ``James T. Walsh Universal Newborn Hearing Screening 
     Program.''


                         (rescission of funds)

       Sec. 225. Of the funds available for carrying out section 
     204 of the Ticket to Work and Work Incentives Improvement Act 
     of 1999 (Public Law 106-170), $21,500,000 are rescinded: 
     Provided, That notwithstanding subsection (c)(3)(B) of such 
     section, in no case may the aggregate amount of payments made 
     by the Secretary of Health and Human Services to States under 
     such section exceed $223,500,000.
       Sec. 226. Section 1941(b)(1)(B) of the Social Security Act, 
     as added by section 7002(b) of the Supplemental 
     Appropriations Act, 2008, is amended by inserting ``each of'' 
     after ``for''.
       This title may be cited as the ``Department of Health and 
     Human Services Appropriations Act, 2009''.

                               TITLE III

                        DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

       For carrying out title I of the Elementary and Secondary 
     Education Act of 1965 (``ESEA'') and section 418A of the 
     Higher Education Act of 1965, $15,760,086,000, of which 
     $4,739,881,000 shall become available on July 1, 2009, and 
     shall remain available through September 30, 2010, and of 
     which $10,841,176,000 shall become available on October 1, 
     2009, and shall remain available through September 30, 2010, 
     for academic year 2009-2010: Provided, That $6,597,946,000 
     shall be for basic grants under section 1124 of the ESEA: 
     Provided further, That up to $4,000,000 of these funds shall 
     be available to the Secretary of Education on October 1, 
     2008, to obtain annually updated local educational-agency-
     level census poverty data from the Bureau of the Census: 
     Provided further, That $1,365,031,000 shall be for 
     concentration grants under section 1124A of the ESEA: 
     Provided further, That $3,264,712,000 shall be for targeted 
     grants under section 1125 of the ESEA: Provided further, That 
     $3,264,712,000 shall be for education finance incentive 
     grants under section 1125A of the ESEA: Provided further, 
     That $9,167,000 shall be to carry out sections 1501 and 1503 
     of the ESEA.

                               Impact Aid

       For carrying out programs of financial assistance to 
     federally affected schools authorized by title VIII of the 
     Elementary and Secondary Education Act of 1965, 
     $1,265,718,000, of which $1,128,535,000 shall be for basic 
     support payments under section 8003(b), $48,602,000 shall be 
     for payments for children with disabilities under section 
     8003(d), $17,509,000 shall be for construction under section 
     8007(b) and shall remain available through September 30, 
     2010, $66,208,000 shall be for Federal property payments 
     under section 8002, and $4,864,000, to remain available until 
     expended, shall be for facilities maintenance under section 
     8008: Provided, That for purposes of computing the amount of 
     a payment for an eligible local educational agency under 
     section 8003(a) for school year 2008-2009, children enrolled 
     in a school of such agency that would otherwise be eligible 
     for payment under section 8003(a)(1)(B) of such Act, but due 
     to the deployment of both parents or legal guardians, or a 
     parent or legal guardian having sole custody of such 
     children, or due to the death of a military parent or legal 
     guardian while on active duty (so long as such children 
     reside on Federal property as described in section 
     8003(a)(1)(B)), are no longer eligible under such section, 
     shall be considered as eligible students under such section, 
     provided such students remain in average daily attendance at 
     a school in the same local educational agency they attended 
     prior to their change in eligibility status.

                      School Improvement Programs

       For carrying out school improvement activities authorized 
     by parts A, B, and D of title II, part B of title IV, 
     subparts 6 and 9 of part D of title V, parts A and B of title 
     VI, and parts B and C of title VII of the Elementary and 
     Secondary Education Act of 1965 (``ESEA''); the McKinney-
     Vento Homeless Assistance Act; section 203 of the Educational 
     Technical Assistance Act of 2002; the Compact of Free 
     Association Amendments Act of 2003; and the Civil Rights Act 
     of 1964, $5,362,016,000, of which $3,495,865,000 shall become 
     available on July 1, 2009, and remain available through 
     September 30, 2010, and of which $1,681,441,000 shall become 
     available on October 1, 2009, and shall remain available 
     through September 30, 2010, for academic year 2009-2010: 
     Provided, That of the funds available for section 2103(a) of 
     the ESEA, $5,000,000 shall be available for a school 
     leadership partnership initiative and up to $7,500,000 shall 
     be available for teacher and principal quality national 
     activities administered by the Secretary of Education, as 
     specified in the explanatory statement described in section 4 
     (in the matter preceding division A of this consolidated 
     Act): Provided further, That funds made available to carry 
     out part B of title VII of the ESEA may be

[[Page 5680]]

     used for construction, renovation and modernization of any 
     elementary school, secondary school, or structure related to 
     an elementary school or secondary school, run by the 
     Department of Education of the State of Hawaii, that serves a 
     predominantly Native Hawaiian student body: Provided further, 
     That from the funds referred to in the preceding proviso, not 
     less than $1,500,000 shall be for a grant to the Department 
     of Education of the State of Hawaii for the activities 
     described in such proviso, and $1,500,000 shall be for a 
     grant to the University of Hawaii School of Law for a Center 
     of Excellence in Native Hawaiian law: Provided further, That 
     funds made available to carry out part C of title VII of the 
     ESEA may be used for construction: Provided further, That up 
     to 100 percent of the funds available to a State educational 
     agency under part D of title II of the ESEA may be used for 
     subgrants described in section 2412(a)(2)(B) of such Act: 
     Provided further, That $57,113,000 shall be available to 
     carry out section 203 of the Educational Technical Assistance 
     Act of 2002: Provided further, That $33,791,000 shall be 
     available to carry out part D of title V of the ESEA: 
     Provided further, That no funds appropriated under this 
     heading may be used to carry out section 5494 under the ESEA: 
     Provided further, That $17,687,000 shall be available to 
     carry out the Supplemental Education Grants program for the 
     Federated States of Micronesia and the Republic of the 
     Marshall Islands: Provided further, That up to 5 percent of 
     these amounts may be reserved by the Federated States of 
     Micronesia and the Republic of the Marshall Islands to 
     administer the Supplemental Education Grants programs and to 
     obtain technical assistance, oversight and consultancy 
     services in the administration of these grants and to 
     reimburse the United States Departments of Labor, Health and 
     Human Services, and Education for such services: Provided 
     further, That $7,360,000 of the funds available for the 
     Foreign Language Assistance Program shall be available for 5-
     year grants to local educational agencies that would work in 
     partnership with one or more institutions of higher education 
     to establish or expand articulated programs of study in 
     languages critical to United States national security that 
     will enable successful students to advance from elementary 
     school through college to achieve a superior level of 
     proficiency in those languages.

                            Indian Education

       For expenses necessary to carry out, to the extent not 
     otherwise provided, title VII, part A of the Elementary and 
     Secondary Education Act of 1965, $122,282,000.

                       Innovation and Improvement

       For carrying out activities authorized by part G of title 
     I, subpart 5 of part A and parts C and D of title II, parts 
     B, C, and D of title V, and section 1504 of the Elementary 
     and Secondary Education Act of 1965, $996,425,000: Provided, 
     That $10,649,000 shall be provided to the National Board for 
     Professional Teaching Standards to carry out section 2151(c), 
     including $1,000,000 to develop a National Board 
     certification for principals of elementary and secondary 
     schools: Provided further, That from funds for subpart 4, 
     part C of title II, up to 3 percent shall be available to the 
     Secretary of Education for technical assistance and 
     dissemination of information: Provided further, That 
     $347,640,000 shall be available to carry out part D of title 
     V: Provided further, That $88,015,000 shall be used for the 
     projects, and in the amounts, specified under the heading 
     ``Innovation and Improvement'' in the explanatory statement 
     described in section 4 (in the matter preceding division A of 
     this consolidated Act): Provided further, That $97,270,000 of 
     the funds for subpart 1 shall be for competitive grants to 
     local educational agencies, including charter schools that 
     are local educational agencies, or States, or partnerships 
     of: (1) a local educational agency, a State, or both; and (2) 
     at least one non-profit organization to develop and implement 
     performance-based teacher and principal compensation systems 
     in high-need schools: Provided further, That such 
     performance-based compensation systems must consider gains in 
     student academic achievement as well as classroom evaluations 
     conducted multiple times during each school year among other 
     factors and provide educators with incentives to take on 
     additional responsibilities and leadership roles: Provided 
     further, That up to 5 percent of such funds for competitive 
     grants shall be available for technical assistance, training, 
     peer review of applications, program outreach and evaluation 
     activities: Provided further, That of the funds available for 
     part B of title V, the Secretary shall use up to $21,031,000 
     to carry out activities under section 5205(b) and under 
     subpart 2, and shall use not less than $195,000,000 to carry 
     out other activities authorized under subpart 1.

                 Safe Schools and Citizenship Education

       For carrying out activities authorized by subpart 3 of part 
     C of title II, part A of title IV, and subparts 2, 3 and 10 
     of part D of title V of the Elementary and Secondary 
     Education Act of 1965, $690,370,000, of which $294,759,000 
     shall become available on July 1, 2009, and remain available 
     through September 30, 2010: Provided, That $294,759,000 shall 
     be available for subpart 1 of part A of title IV and 
     $220,240,000 shall be available for subpart 2 of part A of 
     title IV: Provided further, That $141,912,000 shall be 
     available to carry out part D of title V: Provided further, 
     That of the funds available to carry out subpart 3 of part C 
     of title II, up to $13,383,000 may be used to carry out 
     section 2345 and $2,957,000 shall be used by the Center for 
     Civic Education to implement a comprehensive program to 
     improve public knowledge, understanding, and support of the 
     Congress and the State legislatures.

                      English Language Acquisition

       For carrying out part A of title III of the Elementary and 
     Secondary Education Act of 1965, $730,000,000, which shall 
     become available on July 1, 2009, and shall remain available 
     through September 30, 2010, except that 6.5 percent of such 
     amount shall be available on October 1, 2008, and shall 
     remain available through September 30, 2010, to carry out 
     activities under section 3111(c)(1)(C): Provided, That the 
     Secretary of Education shall use the American Community 
     Survey child counts to calculate State allocations under such 
     part but, for any State that would otherwise receive greater 
     than a 10-percent reduction from its previous year's 
     allocation, the Secretary shall carry out such calculation 
     using the average of the American Community Survey child 
     counts for the 3 most recent years.

                           Special Education

       For carrying out the Individuals with Disabilities 
     Education Act (``IDEA'') and the Special Olympics Sport and 
     Empowerment Act of 2004, $12,579,677,000, of which 
     $3,726,354,000 shall become available on July 1, 2009, and 
     shall remain available through September 30, 2010, and of 
     which $8,592,383,000 shall become available on October 1, 
     2009, and shall remain available through September 30, 2010, 
     for academic year 2009-2010: Provided, That $13,250,000 shall 
     be for Recording for the Blind and Dyslexic, Inc., to support 
     the development, production, and circulation of recorded 
     educational materials: Provided further, That $737,000 shall 
     be for the recipient of funds provided by Public Law 105-78 
     under section 687(b)(2)(G) of the IDEA (as in effect prior to 
     the enactment of the Individuals with Disabilities Education 
     Improvement Act of 2004) to provide information on diagnosis, 
     intervention, and teaching strategies for children with 
     disabilities: Provided further, That the amount for section 
     611(b)(2) of the IDEA shall be equal to the lesser of the 
     amount available for that activity during fiscal year 2008, 
     increased by the amount of inflation as specified in section 
     619(d)(2)(B) of the IDEA, or the percentage increase in the 
     funds appropriated under section 611(i) of the IDEA: Provided 
     further, That funds made available for the Special Olympics 
     Sport and Empowerment Act of 2004 may be used to support 
     expenses associated with the Special Olympics National and 
     World games hosted in the United States.

            Rehabilitation Services and Disability Research

       For carrying out, to the extent not otherwise provided, the 
     Rehabilitation Act of 1973, the Assistive Technology Act of 
     1998, and the Helen Keller National Center Act, 
     $3,387,762,000: Provided, That $3,088,000 shall be used for 
     the projects, and in the amounts, specified under the heading 
     ``Rehabilitation Services and Disability Research'' in the 
     explanatory statement described in section 4 (in the matter 
     preceding division A of this consolidated Act).

           Special Institutions for Persons With Disabilities


                 american printing house for the blind

       For carrying out the Act of March 3, 1879, $22,599,000.


               national technical institute for the deaf

       For the National Technical Institute for the Deaf under 
     titles I and II of the Education of the Deaf Act of 1986, 
     $64,212,000, of which $1,175,000 shall be for construction 
     and shall remain available until expended: Provided, That 
     from the total amount available, the Institute may at its 
     discretion use funds for the endowment program as authorized 
     under section 207 of such Act.


                          Gallaudet University

       For the Kendall Demonstration Elementary School, the Model 
     Secondary School for the Deaf, and the partial support of 
     Gallaudet University under titles I and II of the Education 
     of the Deaf Act of 1986, $124,000,000, of which $6,000,000 
     shall be for construction and shall remain available until 
     expended: Provided, That from the total amount available, the 
     University may at its discretion use funds for the endowment 
     program as authorized under section 207 of such Act.

                 Career, Technical, and Adult Education

       For carrying out, to the extent not otherwise provided, the 
     Carl D. Perkins Career and Technical Education Act of 2006, 
     the Adult Education and Family Literacy Act, subpart 4 of 
     part D of title V of the Elementary and Secondary Education 
     Act of 1965 (``ESEA'') and title VIII-D of the Higher 
     Education Amendments of 1998, $1,944,348,000, of which 
     $4,400,000 shall become available on October 1, 2008 and 
     remain available until September 30, 2010, of which 
     $1,148,948,000 shall become available on July 1, 2009, and 
     shall remain available through September 30, 2010, and of 
     which $791,000,000 shall become available on October 1, 2009, 
     and shall

[[Page 5681]]

     remain available through September 30, 2010: Provided, That 
     of the amount provided for Adult Education State Grants, 
     $67,896,000 shall be made available for integrated English 
     literacy and civics education services to immigrants and 
     other limited English proficient populations: Provided 
     further, That of the amount reserved for integrated English 
     literacy and civics education, notwithstanding section 211 of 
     the Adult Education and Family Literacy Act, 65 percent shall 
     be allocated to States based on a State's absolute need as 
     determined by calculating each State's share of a 10-year 
     average of the United States Citizenship and Immigration 
     Services data for immigrants admitted for legal permanent 
     residence for the 10 most recent years, and 35 percent 
     allocated to States that experienced growth as measured by 
     the average of the 3 most recent years for which United 
     States Citizenship and Immigration Services data for 
     immigrants admitted for legal permanent residence are 
     available, except that no State shall be allocated an amount 
     less than $60,000: Provided further, That of the amounts made 
     available for the Adult Education and Family Literacy Act, 
     $6,878,000 shall be for national leadership activities under 
     section 243 and $6,468,000 shall be for the National 
     Institute for Literacy under section 242: Provided further, 
     That $88,000,000 shall be available to support the activities 
     authorized under subpart 4 of part D of title V of the ESEA, 
     of which up to 5 percent shall become available October 1, 
     2008, and shall remain available through September 30, 2010, 
     for evaluation, technical assistance, school networks, peer 
     review of applications, and program outreach activities, and 
     of which not less than 95 percent shall become available on 
     July 1, 2009, and remain available through September 30, 
     2010, for grants to local educational agencies: Provided 
     further, That funds made available to local educational 
     agencies under this subpart shall be used only for activities 
     related to establishing smaller learning communities within 
     large high schools or small high schools that provide 
     alternatives for students enrolled in large high schools.

                      Student Financial Assistance


                     (including deferral of funds)

       For carrying out subparts 1, 3, and 4 of part A, part C and 
     part E of title IV of the Higher Education Act of 1965, 
     $19,156,973,000, which shall remain available through 
     September 30, 2010.
       The maximum Pell Grant for which a student shall be 
     eligible during award year 2009-2010 shall be $4,860.
       Of the funds made available under section 401A(e)(1)(D) of 
     the Higher Education Act of 1965, $887,000,000 shall not be 
     available until October 1, 2009.

                       Student Aid Administration

       For Federal administrative expenses to carry out part D of 
     title I, and subparts 1, 3, and 4 of part A, and parts B, C, 
     D, and E of title IV of the Higher Education Act of 1965, 
     $753,402,000, which shall remain available until expended.

                            Higher Education

       For carrying out, to the extent not otherwise provided, 
     titles II, III, IV, V, VI, and VII of the Higher Education 
     Act of 1965 (``HEA''), section 1543 of the Higher Education 
     Amendments of 1992, the Mutual Educational and Cultural 
     Exchange Act of 1961, title VIII of the Higher Education 
     Amendments of 1998, part I of subtitle A of title VI of the 
     America COMPETES Act, section 515 of the Federal Mine Safety 
     and Health Act of 1977, and section 117 of the Carl D. 
     Perkins Career and Technical Education Act of 2006, 
     $2,100,150,000: Provided, That $9,687,000, to remain 
     available through September 30, 2010, shall be available to 
     fund fellowships for academic year 2010-2011 under subpart 1 
     of part A of title VII of the HEA, under the terms and 
     conditions of such subpart 1: Provided further, That $609,000 
     shall be for data collection and evaluation activities for 
     programs under the HEA, including such activities needed to 
     comply with the Government Performance and Results Act of 
     1993: Provided further, That notwithstanding any other 
     provision of law, funds made available in this Act to carry 
     out title VI of the HEA and section 102(b)(6) of the Mutual 
     Educational and Cultural Exchange Act of 1961 may be used to 
     support visits and study in foreign countries by individuals 
     who are participating in advanced foreign language training 
     and international studies in areas that are vital to United 
     States national security and who plan to apply their language 
     skills and knowledge of these countries in the fields of 
     government, the professions, or international development: 
     Provided further, That of the funds referred to in the 
     preceding proviso up to 1 percent may be used for program 
     evaluation, national outreach, and information dissemination 
     activities: Provided further, That up to $6,556,000 shall be 
     available to continue funding for recipients of multi-year 
     awards under section 204 of the HEA, as that Act was in 
     effect prior to the date of enactment of the Higher Education 
     Opportunity Act (``HEOA''), in accordance with the terms of 
     their awards: Provided further, That notwithstanding any 
     other provision of law, funds available under section 371 of 
     the HEA for Tribal Colleges and Universities may be used for 
     construction grants, including such funds to recipients of 
     continuation grants for multi-year awards that were made in 
     fiscal year 2008 under section 316 of the HEA, as that Act 
     was in effect prior to the date of enactment of the HEOA, in 
     accordance with the terms of such multi-year awards: Provided 
     further, That notwithstanding any other provision of law, a 
     recipient of a multi-year award under section 316 of the HEA, 
     as that section was in effect prior to the date of enactment 
     of the HEOA, that would have otherwise received a 
     continuation award for fiscal year 2009 under that section, 
     shall receive under section 316, as amended by the HEOA, not 
     less than the amount that such recipient would have received 
     under such a continuation award: Provided further, That the 
     portion of the funds received under section 316 by a 
     recipient described in the preceding proviso that is equal to 
     the amount of such continuation award shall be used in 
     accordance with the terms of such continuation award: 
     Provided further, That $1,000,000, to remain available until 
     expended, shall be available to carry out a scholarship 
     program for the purpose of increasing the skilled workforce 
     for industrial health and safety occupations, including mine 
     safety: Provided further, That the Secretary of Education 
     shall identify these scholarships as ``Erma Byrd 
     Scholarships'': Provided further, That such scholarships 
     shall be awarded without regard to an applicant's prior work 
     experience, but the Secretary shall, notwithstanding section 
     437 of the General Education Provisions Act and 5 U.S.C. 553, 
     by notice in the Federal Register, establish the eligibility 
     requirements, service obligations, payback requirements, and 
     other program requirements similar to those specified in 
     section 515 of the Federal Mine Safety and Health Act as are 
     necessary to implement such a program: Provided further, That 
     such scholarship funds may be used to replace a student's 
     expected family contribution, but institutions accepting such 
     scholarship funds may not use these funds to supplant 
     existing institutional aid: Provided further, That the 
     Secretary shall be authorized to accept contributions for 
     such scholarships from private sources: Provided further, 
     That these funds shall be used for scholarships for academic 
     year 2009-2010 and may be available for scholarships in 
     academic year 2010-2011: Provided further, That $91,243,000 
     shall be used for the projects, and in the amounts, specified 
     under the heading ``Higher Education'' in the explanatory 
     statement described in section 4 (in the matter preceding 
     division A of this consolidated Act).

                           Howard University

       For partial support of Howard University, $234,977,000, of 
     which not less than $3,464,000 shall be for a matching 
     endowment grant pursuant to the Howard University Endowment 
     Act and shall remain available until expended.

         College Housing and Academic Facilities Loans Program

       For Federal administrative expenses to carry out activities 
     related to existing facility loans pursuant to section 121 of 
     the Higher Education Act of 1965, $461,000.

  Historically Black College and University Capital Financing Program 
                                Account

       Notwithstanding the limitations contained in section 344(a) 
     of the Higher Education Act of 1965 (``HEA''), the aggregate 
     principal amount of outstanding bonds insured under the 
     Historically Black College and University Capital Financing 
     Program is authorized to equal but not exceed $725,000,000, 
     which may be used for loans to public and private 
     historically black colleges and universities without regard 
     to paragraphs (1) and (2) of section 344(a).
       For the cost of guaranteed loans, $10,000,000, as 
     authorized pursuant to Part D of title III of the HEA: 
     Provided, That such costs, including the cost of modifying 
     such loans, shall be as defined in section 502 of the 
     Congressional Budget Act of 1974: Provided further, That 
     these funds are available to subsidize total loan principal, 
     any part of which is to be guaranteed, not to exceed 
     $100,000,000. In addition, for administrative expenses to 
     carry out the Historically Black College and University 
     Capital Financing Program entered into pursuant to part D of 
     title III of the HEA, $354,000.

                    Institute of Education Sciences

       For carrying out activities authorized by the Education 
     Sciences Reform Act of 2002, the National Assessment of 
     Educational Progress Authorization Act, section 208 of the 
     Educational Technical Assistance Act of 2002, and section 664 
     of the Individuals with Disabilities Education Act, 
     $617,175,000, of which $312,241,000 shall be available until 
     September 30, 2010: Provided, That funds available to carry 
     out section 208 of the Educational Technical Assistance Act 
     may be used for Statewide data systems that include 
     postsecondary and workforce information: Provided further, 
     That up to $5,000,000 of the funds available to carry out 
     section 208 of the Educational Technical Assistance Act may 
     be used for State data coordinators and for awards to public 
     or private organizations or agencies to improve data 
     coordination.

                        Departmental Management


                         program administration

       For carrying out, to the extent not otherwise provided, the 
     Department of Education

[[Page 5682]]

     Organization Act, including rental of conference rooms in the 
     District of Columbia and hire of three passenger motor 
     vehicles, $433,482,000, of which $5,400,000, to remain 
     available until expended, shall be for relocation of, and 
     renovation of buildings occupied by, Department staff.


                        Office for Civil Rights

       For expenses necessary for the Office for Civil Rights, as 
     authorized by section 203 of the Department of Education 
     Organization Act, $96,826,000.


                    Office of the Inspector General

       For expenses necessary for the Office of the Inspector 
     General, as authorized by section 212 of the Department of 
     Education Organization Act, $54,539,000.

                           General Provisions

       Sec. 301. No funds appropriated in this Act may be used for 
     the transportation of students or teachers (or for the 
     purchase of equipment for such transportation) in order to 
     overcome racial imbalance in any school or school system, or 
     for the transportation of students or teachers (or for the 
     purchase of equipment for such transportation) in order to 
     carry out a plan of racial desegregation of any school or 
     school system.
       Sec. 302. None of the funds contained in this Act shall be 
     used to require, directly or indirectly, the transportation 
     of any student to a school other than the school which is 
     nearest the student's home, except for a student requiring 
     special education, to the school offering such special 
     education, in order to comply with title VI of the Civil 
     Rights Act of 1964. For the purpose of this section an 
     indirect requirement of transportation of students includes 
     the transportation of students to carry out a plan involving 
     the reorganization of the grade structure of schools, the 
     pairing of schools, or the clustering of schools, or any 
     combination of grade restructuring, pairing or clustering. 
     The prohibition described in this section does not include 
     the establishment of magnet schools.
       Sec. 303. No funds appropriated in this Act may be used to 
     prevent the implementation of programs of voluntary prayer 
     and meditation in the public schools.


                          (transfer of funds)

       Sec. 304. Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985) which are appropriated for the 
     Department of Education in this Act may be transferred 
     between appropriations, but no such appropriation shall be 
     increased by more than 3 percent by any such transfer: 
     Provided, That the transfer authority granted by this section 
     shall be available only to meet emergency needs and shall not 
     be used to create any new program or to fund any project or 
     activity for which no funds are provided in this Act: 
     Provided further, That the Committees on Appropriations of 
     the House of Representatives and the Senate are notified at 
     least 15 days in advance of any transfer.
       Sec. 305. The signature pages submitted by Heart Butte 
     School District in Pondera County, Montana, as part of its 
     application for Impact Aid under title VIII of the Elementary 
     and Secondary Education Act of 1965, shall be considered to 
     have been timely and complete for purposes of receiving 
     funding under such program for fiscal year 2009.
       Sec. 306. The Outlying Areas may consolidate funds received 
     under this Act as well as any remaining funds received under 
     the Department of Education Appropriations Act, 2008, 
     pursuant to 48 U.S.C. 1469a, under part A of title V of the 
     Elementary and Secondary Education Act.
       This title may be cited as the ``Department of Education 
     Appropriations Act, 2009''.

                                TITLE IV

                            RELATED AGENCIES

 Committee for Purchase From People Who Are Blind or Severely Disabled


                         Salaries and Expenses

       For expenses necessary for the Committee for Purchase From 
     People Who Are Blind or Severely Disabled established by 
     Public Law 92-28, $5,094,000.

             Corporation for National and Community Service

                           operating expenses

       For necessary expenses for the Corporation for National and 
     Community Service to carry out the Domestic Volunteer Service 
     Act of 1973 (``1973 Act'') and the National and Community 
     Service Act of 1990 (``1990 Act''), $680,564,000, of which 
     $309,835,000 shall be to carry out the 1973 Act and 
     $370,729,000 shall be to carry out the 1990 Act: Provided, 
     That $27,500,000 of the amount provided under this heading 
     shall be available to carry out subtitle E of the 1990 Act at 
     five campuses throughout the United States: Provided further, 
     That up to 1 percent of program grant funds may be used to 
     defray the costs of conducting grant application reviews, 
     including the use of outside peer reviewers and electronic 
     management of the grants cycle: Provided further, That none 
     of the funds made available under this heading for activities 
     authorized by section 122 and part E of title II of the 1973 
     Act shall be used to provide stipends or other monetary 
     incentives to program participants or volunteer leaders whose 
     incomes exceed the income guidelines in subsections 211(e) 
     and 213(b) of the 1973 Act: Provided further, That 
     notwithstanding subtitle H of title I of the 1990 Act, none 
     of the funds provided for quality and innovation activities 
     shall be used to support salaries and related expenses 
     (including travel) attributable to Corporation for National 
     and Community Service employees: Provided further, That of 
     the amounts provided under this heading: (1) not more than 
     $55,000,000 of grants made under subtitle C of the 1990 Act 
     may be used to administer, reimburse, or support any national 
     service program authorized under section 129(d)(2) of the 
     1990 Act; and (2) $11,790,000 shall be to provide assistance 
     to State commissions on national and community service, under 
     section 126(a) of the 1990 Act and notwithstanding section 
     501(a)(4) of the 1990 Act.

                         national service trust

                     (including transfer of funds)

       For necessary expenses for the National Service Trust 
     established under subtitle D of title I of the National and 
     Community Service Act of 1990 (``1990 Act''), $131,075,000, 
     to remain available until expended: Provided, That the 
     Corporation for National and Community Service may transfer 
     additional funds from the amount provided within ``Operating 
     Expenses'' for grants made under subtitle C of the 1990 Act 
     to this appropriation upon determination that such transfer 
     is necessary to support the activities of national service 
     participants and after notice is transmitted to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate: Provided further, That amounts appropriated 
     for or transferred to the National Service Trust may be 
     invested under section 145(b) of the 1990 Act without regard 
     to the requirement to apportion funds under 31 U.S.C. 
     1513(b).


                         Salaries and Expenses

       For necessary expenses of administration as provided under 
     section 501(a)(4) of the National and Community Service Act 
     of 1990 and under section 504(a) of the Domestic Volunteer 
     Service Act of 1973, including payment of salaries, 
     authorized travel, hire of passenger motor vehicles, the 
     rental of conference rooms in the District of Columbia, the 
     employment of experts and consultants authorized under 5 
     U.S.C. 3109, and not to exceed $2,500 for official reception 
     and representation expenses, $71,715,000.


                      Office of Inspector General

       For necessary expenses of the Office of Inspector General 
     in carrying out the Inspector General Act of 1978, 
     $6,512,000.


                       Administrative Provisions

       Sec. 401. Notwithstanding any other provision of law, the 
     term ``qualified student loan'' with respect to national 
     service education awards shall mean any loan determined by an 
     institution of higher education to be necessary to cover a 
     student's cost of attendance at such institution and made, 
     insured, or guaranteed directly to a student by a State 
     agency, in addition to other meanings under section 148(b)(7) 
     of the National and Community Service Act of 1990.
       Sec. 402. Notwithstanding any other provision of law, funds 
     made available under section 129(d)(5)(B) of the National and 
     Community Service Act of 1990 (``1990 Act'') to assist 
     entities in placing applicants who are individuals with 
     disabilities may be provided to any entity that receives a 
     grant under section 121 of the 1990 Act.
       Sec. 403.  The Corporation for National and Community 
     Service (``the Corporation'') shall make any significant 
     changes to program requirements, service delivery or policy 
     only through public notice and comment rulemaking. For fiscal 
     year 2009, during any grant selection process, an officer or 
     employee of the Corporation shall not knowingly disclose any 
     covered grant selection information regarding such selection, 
     directly or indirectly, to any person other than an officer 
     or employee of the Corporation that is authorized by the 
     Corporation to receive such information.
       Sec. 404.  Professional Corps programs described in section 
     122(a)(8) of the National and Community Service Act of 1990 
     may apply to the Corporation for National and Community 
     Service for a waiver of application of section 140(c)(2).
       Sec. 405. Notwithstanding 31 U.S.C. 1342, the Corporation 
     for National and Community Service (``the Corporation'') may 
     solicit and accept the services of organizations and 
     individuals (other than participants) to assist the 
     Corporation in carrying out the duties of the Corporation 
     under the national service laws: Provided, That an individual 
     who provides services under this section shall be subject to 
     the same protections and limitations as volunteers under 
     section 196(a) of the National and Community Service Act of 
     1990.
       Sec. 406. Organizations operating projects under the 
     AmeriCorps Education Awards Program shall do so without 
     regard to the requirements of sections 121(d) and (e), 
     131(e), 132, and 140(a), (d), and (e) of the National and 
     Community Service Act of 1990.
       Sec. 407. AmeriCorps programs receiving grants under the 
     National Service Trust program shall meet an overall minimum 
     share requirement of 24 percent for the first three years 
     that they receive AmeriCorps funding, and thereafter shall 
     meet the overall minimum share requirement as provided in 
     section 2521.60 of title 45, Code of Federal Regulations, 
     without regard to the operating

[[Page 5683]]

     costs match requirement in section 121(e) or the member 
     support Federal share limitations in section 140 of the 
     National and Community Service Act of 1990, and subject to 
     partial waiver consistent with section 2521.70 of title 45, 
     Code of Federal Regulations.
       Sec. 408. Notwithstanding any other provision of law, 
     formula-based grants to States and territories under section 
     129(a)(1)-(2) of the National and Community Service Act of 
     1990 to operate AmeriCorps programs may be made if the 
     application describes proposed positions into which 
     participants will be placed, the proposed minimum 
     qualifications of such participants, and includes an 
     assurance that the State will select national service 
     programs for subgrants on a competitive basis, and an 
     assurance that the aforementioned information will be 
     provided for each subgrant awarded prior to the execution of 
     such subgrants.


                          (transfer of funds)

       Sec. 409.  For fiscal year 2009 and thereafter, in addition 
     to amounts otherwise provided to the National Service Trust, 
     at no later than the end of the fifth fiscal year after the 
     fiscal year for which funds are appropriated or otherwise 
     made available, unobligated balances of appropriations 
     available for grants under the National Service Trust Program 
     under subtitle C of title I of the 1990 Act during such 
     fiscal year may be transferred to the National Service Trust 
     after notice is transmitted to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate, if such funds are initially obligated before the 
     expiration of their period of availability.
       Sec. 410. Of the amounts provided in this Act which the 
     Corporation for National and Community Service (``the 
     Corporation'') allocates for the provision of assistance 
     under subsections 129(a) and (b) of the National and 
     Community Service Act of 1990 (``1990 Act''), the Corporation 
     shall apply the formula in section 129(a)(1) of the 1990 Act 
     in such a manner so as to ensure that each State shall 
     receive a minimum of $500,000: Provided, That, in no event 
     shall the total amount allotted under section 129(a)(1) 
     exceed 33\1/3\ percent of the funds allocated by the 
     Corporation for the provision of assistance under subsections 
     129(a) and (b) of the 1990 Act.
       Sec. 411. Notwithstanding section 139(b) of the National 
     and Community Service Act of 1990 (``1990 Act''), an 
     individual in an approved national service position 
     performing full-time or part-time national service directly 
     related to disaster relief efforts may continue in that term 
     of service for a period of 6 months beyond the periods 
     otherwise specified in sections 139(b) and 153(e) of the 1990 
     Act or section 104 of the Domestic Volunteer Service Act of 
     1973. Service in an extended term as provided under this 
     section shall constitute a single term of service for 
     purposes of sections 146(b) and (c) of the 1990 Act.
       Sec. 412. Donations made to the Corporation for National 
     and Community Service (``the Corporation'') under section 196 
     of the National and Community Service Act of 1990 (``1990 
     Act'') for the purposes of financing programs and operations 
     under titles I and II of the 1973 Act or subtitles B, C, D, 
     or E of title I of the 1990 Act shall be used to supplement 
     and not supplant current programs and operations.

                  Corporation for Public Broadcasting

       For payment to the Corporation for Public Broadcasting 
     (``Corporation''), as authorized by the Communications Act of 
     1934, an amount which shall be available within limitations 
     specified by that Act, for the fiscal year 2011, 
     $430,000,000: Provided, That no funds made available to the 
     Corporation by this Act shall be used to pay for receptions, 
     parties, or similar forms of entertainment for Government 
     officials or employees: Provided further, That none of the 
     funds contained in this paragraph shall be available or used 
     to aid or support any program or activity from which any 
     person is excluded, or is denied benefits, or is 
     discriminated against, on the basis of race, color, national 
     origin, religion, or sex: Provided further, That no funds 
     made available to the Corporation by this Act shall be used 
     to apply any political test or qualification in selecting, 
     appointing, promoting, or taking any other personnel action 
     with respect to officers, agents, and employees of the 
     Corporation: Provided further, That for fiscal year 2009, in 
     addition to the amounts provided above, $34,591,000 shall be 
     for costs related to digital program production, development, 
     and distribution, associated with the transition of public 
     broadcasting to digital broadcasting, to be awarded as 
     determined by the Corporation in consultation with public 
     radio and television licensees or permittees, or their 
     designated representatives: Provided further, That for fiscal 
     year 2009, in addition to the amounts provided above, 
     $26,642,000 is available pursuant to section 396(k)(10) of 
     the Communications Act of 1934 for replacement and upgrade of 
     the public radio interconnection system: Provided further, 
     That none of the funds made available to the Corporation by 
     this Act, division G of the Consolidated Appropriations Act, 
     2008, or the Continuing Appropriations Resolution, 2007, 
     shall be used to support the Television Future Fund or any 
     similar purpose.

               Federal Mediation and Conciliation Service

                         salaries and expenses

       For expenses necessary for the Federal Mediation and 
     Conciliation Service (``Service'') to carry out the functions 
     vested in it by the Labor Management Relations Act, 1947, 
     including hire of passenger motor vehicles; for expenses 
     necessary for the Labor-Management Cooperation Act of 1978; 
     and for expenses necessary for the Service to carry out the 
     functions vested in it by the Civil Service Reform Act, 
     $45,476,000: Provided, That notwithstanding 31 U.S.C. 3302, 
     fees charged, up to full-cost recovery, for special training 
     activities and other conflict resolution services and 
     technical assistance, including those provided to foreign 
     governments and international organizations, and for 
     arbitration services shall be credited to and merged with 
     this account, and shall remain available until expended: 
     Provided further, That fees for arbitration services shall be 
     available only for education, training, and professional 
     development of the agency workforce: Provided further, That 
     the Director of the Service is authorized to accept and use 
     on behalf of the United States gifts of services and real, 
     personal, or other property in the aid of any projects or 
     functions within the Director's jurisdiction.

            Federal Mine Safety and Health Review Commission


                         Salaries and Expenses

       For expenses necessary for the Federal Mine Safety and 
     Health Review Commission, $8,653,000.

                Institute of Museum and Library Services

    office of museum and library services: grants and administration

       For carrying out the Museum and Library Services Act of 
     1996 and the National Museum of African American History and 
     Culture Act, $274,840,000, of which $10,737,000 shall be used 
     for the projects, and in the amounts, specified under the 
     heading ``Office of Museum and Library Services: Grants and 
     Administration'' in the explanatory statement described in 
     section 4 (in the matter preceding division A of this 
     consolidated Act): Provided, That funds may be made available 
     for support through inter-agency agreement or grant to 
     commemorative Federal commissions that support museum and 
     library activities, in partnership with libraries and museums 
     that are eligible for funding under programs carried out by 
     the Institute of Museum and Library Services.

                  Medicare Payment Advisory Commission

                         salaries and expenses

       For expenses necessary to carry out section 1805 of the 
     Social Security Act, $11,403,000, to be transferred to this 
     appropriation from the Federal Hospital Insurance Trust Fund 
     and the Federal Supplementary Medical Insurance Trust Fund.

                     National Council on Disability


                         Salaries and Expenses

       For expenses necessary for the National Council on 
     Disability as authorized by title IV of the Rehabilitation 
     Act of 1973, $3,206,000.

                     National Labor Relations Board


                         Salaries and Expenses

       For expenses necessary for the National Labor Relations 
     Board to carry out the functions vested in it by the Labor-
     Management Relations Act, 1947, and other laws, $262,595,000: 
     Provided, That no part of this appropriation shall be 
     available to organize or assist in organizing agricultural 
     laborers or used in connection with investigations, hearings, 
     directives, or orders concerning bargaining units composed of 
     agricultural laborers as referred to in section 2(3) of the 
     Act of July 5, 1935, and as amended by the Labor-Management 
     Relations Act, 1947, and as defined in section 3(f) of the 
     Act of June 25, 1938, and including in said definition 
     employees engaged in the maintenance and operation of 
     ditches, canals, reservoirs, and waterways when maintained or 
     operated on a mutual, nonprofit basis and at least 95 percent 
     of the water stored or supplied thereby is used for farming 
     purposes.

                        National Mediation Board


                         Salaries and Expenses

       For expenses necessary to carry out the provisions of the 
     Railway Labor Act, including emergency boards appointed by 
     the President, $12,992,000.

            Occupational Safety and Health Review Commission


                         Salaries and Expenses

       For expenses necessary for the Occupational Safety and 
     Health Review Commission, $11,186,000.

                       Railroad Retirement Board


                     Dual Benefits Payments Account

       For payment to the Dual Benefits Payments Account, 
     authorized under section 15(d) of the Railroad Retirement Act 
     of 1974, $72,000,000, which shall include amounts becoming 
     available in fiscal year 2009 pursuant to section 
     224(c)(1)(B) of Public Law 98-76; and in addition, an amount, 
     not to exceed 2 percent of the amount provided herein, shall 
     be available proportional to the amount by which the product 
     of recipients and the average benefit received exceeds the 
     amount

[[Page 5684]]

     available for payment of vested dual benefits: Provided, That 
     the total amount provided herein shall be credited in 12 
     approximately equal amounts on the first day of each month in 
     the fiscal year.


          Federal Payments to the Railroad Retirement Accounts

       For payment to the accounts established in the Treasury for 
     the payment of benefits under the Railroad Retirement Act for 
     interest earned on unnegotiated checks, $150,000, to remain 
     available through September 30, 2010, which shall be the 
     maximum amount available for payment pursuant to section 417 
     of Public Law 98-76.


                      Limitation on Administration

       For necessary expenses for the Railroad Retirement Board 
     (``Board'') for administration of the Railroad Retirement Act 
     and the Railroad Unemployment Insurance Act, $105,463,000, to 
     be derived in such amounts as determined by the Board from 
     the railroad retirement accounts and from moneys credited to 
     the railroad unemployment insurance administration fund.

             limitation on the office of inspector general

       For expenses necessary for the Office of Inspector General 
     (``Office'') for audit, investigatory and review activities, 
     as authorized by the Inspector General Act of 1978, not more 
     than $7,806,000, to be derived from the railroad retirement 
     accounts and railroad unemployment insurance account: 
     Provided, That none of the funds made available in any other 
     paragraph of this Act may be transferred to the Office; used 
     to carry out any such transfer; used to provide any office 
     space, equipment, office supplies, communications facilities 
     or services, maintenance services, or administrative services 
     for the Office; used to pay any salary, benefit, or award for 
     any personnel of the Office; used to pay any other operating 
     expense of the Office; or used to reimburse the Office for 
     any service provided, or expense incurred, by the Office, 
     except as permitted pursuant to the last proviso under this 
     heading in division G of the Consolidated Appropriations Act, 
     2008.

                     Social Security Administration


                Payments to Social Security Trust Funds

       For payment to the Federal Old-Age and Survivors Insurance 
     Trust Fund and the Federal Disability Insurance Trust Fund, 
     as provided under sections 201(m), 228(g), and 1131(b)(2) of 
     the Social Security Act, $20,406,000.


                  Supplemental Security Income Program

       For carrying out titles XI and XVI of the Social Security 
     Act, section 401 of Public Law 92-603, section 212 of Public 
     Law 93-66, as amended, and section 405 of Public Law 95-216, 
     including payment to the Social Security trust funds for 
     administrative expenses incurred pursuant to section 
     201(g)(1) of the Social Security Act, $30,471,537,000, to 
     remain available until expended: Provided, That any portion 
     of the funds provided to a State in the current fiscal year 
     and not obligated by the State during that year shall be 
     returned to the Treasury.
       For making, after June 15 of the current fiscal year, 
     benefit payments to individuals under title XVI of the Social 
     Security Act, for unanticipated costs incurred for the 
     current fiscal year, such sums as may be necessary.
       For making benefit payments under title XVI of the Social 
     Security Act for the first quarter of fiscal year 2010, 
     $15,400,000,000, to remain available until expended.


                 Limitation on Administrative Expenses

       For necessary expenses, including the hire of two passenger 
     motor vehicles, and not to exceed $15,000 for official 
     reception and representation expenses, not more than 
     $10,067,500,000 may be expended, as authorized by section 
     201(g)(1) of the Social Security Act, from any one or all of 
     the trust funds referred to therein: Provided, That not less 
     than $2,000,000 shall be for the Social Security Advisory 
     Board: Provided further, That unobligated balances of funds 
     provided under this paragraph at the end of fiscal year 2009 
     not needed for fiscal year 2009 shall remain available until 
     expended to invest in the Social Security Administration 
     information technology and telecommunications hardware and 
     software infrastructure, including related equipment and non-
     payroll administrative expenses associated solely with this 
     information technology and telecommunications infrastructure: 
     Provided further, That reimbursement to the trust funds under 
     this heading for expenditures for official time for employees 
     of the Social Security Administration pursuant to 5 U.S.C. 
     7131, and for facilities or support services for labor 
     organizations pursuant to policies, regulations, or 
     procedures referred to in section 7135(b) of such title shall 
     be made by the Secretary of the Treasury, with interest, from 
     amounts in the general fund not otherwise appropriated, as 
     soon as possible after such expenditures are made.
       From funds provided under the first paragraph, not less 
     than $264,000,000 shall be available for the cost associated 
     with conducting continuing disability reviews under titles II 
     and XVI of the Social Security Act and for the cost 
     associated with conducting redeterminations of eligibility 
     under title XVI of the Social Security Act.
       In addition to the amounts made available above, and 
     subject to the same terms and conditions, $240,000,000, for 
     additional continuing disability reviews and redeterminations 
     of eligibility: Provided, That the Commissioner shall provide 
     to the Congress (at the conclusion of the fiscal year) a 
     report on the obligation and expenditure of these additional 
     amounts, similar to the reports that were required by section 
     103(d)(2) of Public Law 104-121 for fiscal years 1996 through 
     2002.
       In addition, $145,000,000 to be derived from administration 
     fees in excess of $5.00 per supplementary payment collected 
     pursuant to section 1616(d) of the Social Security Act or 
     section 212(b)(3) of Public Law 93-66, which shall remain 
     available until expended. To the extent that the amounts 
     collected pursuant to such sections in fiscal year 2009 
     exceed $145,000,000, the amounts shall be available in fiscal 
     year 2010 only to the extent provided in advance in 
     appropriations Acts.
       In addition, up to $1,000,000 to be derived from fees 
     collected pursuant to section 303(c) of the Social Security 
     Protection Act, which shall remain available until expended.

                      office of inspector general


                     (including transfer of funds)

       For expenses necessary for the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, $28,000,000, together with not to exceed 
     $70,127,000, to be transferred and expended as authorized by 
     section 201(g)(1) of the Social Security Act from the Federal 
     Old-Age and Survivors Insurance Trust Fund and the Federal 
     Disability Insurance Trust Fund.
       In addition, an amount not to exceed 3 percent of the total 
     provided in this appropriation may be transferred from the 
     ``Limitation on Administrative Expenses'', Social Security 
     Administration, to be merged with this account, to be 
     available for the time and purposes for which this account is 
     available: Provided, That notice of such transfers shall be 
     transmitted promptly to the Committees on Appropriations of 
     the House of Representatives and the Senate.

                                TITLE V

                           GENERAL PROVISIONS

       Sec. 501. The Secretaries of Labor, Health and Human 
     Services, and Education are authorized to transfer unexpended 
     balances of prior appropriations to accounts corresponding to 
     current appropriations provided in this Act. Such transferred 
     balances shall be used for the same purpose, and for the same 
     periods of time, for which they were originally appropriated.
       Sec. 502. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 503. (a) No part of any appropriation contained in 
     this Act shall be used, other than for normal and recognized 
     executive-legislative relationships, for publicity or 
     propaganda purposes, for the preparation, distribution, or 
     use of any kit, pamphlet, booklet, publication, radio, 
     television, or video presentation designed to support or 
     defeat legislation pending before the Congress or any State 
     legislature, except in presentation to the Congress or any 
     State legislature itself.
       (b) No part of any appropriation contained in this Act 
     shall be used to pay the salary or expenses of any grant or 
     contract recipient, or agent acting for such recipient, 
     related to any activity designed to influence legislation or 
     appropriations pending before the Congress or any State 
     legislature.
       Sec. 504. The Secretaries of Labor and Education are 
     authorized to make available not to exceed $28,000 and 
     $20,000, respectively, from funds available for salaries and 
     expenses under titles I and III, respectively, for official 
     reception and representation expenses; the Director of the 
     Federal Mediation and Conciliation Service is authorized to 
     make available for official reception and representation 
     expenses not to exceed $5,000 from the funds available for 
     ``Federal Mediation and Conciliation Service, Salaries and 
     expenses''; and the Chairman of the National Mediation Board 
     is authorized to make available for official reception and 
     representation expenses not to exceed $5,000 from funds 
     available for ``National Mediation Board, Salaries and 
     expenses''.
       Sec. 505. Notwithstanding any other provision of this Act, 
     no funds appropriated in this Act shall be used to carry out 
     any program of distributing sterile needles or syringes for 
     the hypodermic injection of any illegal drug.
       Sec. 506. When issuing statements, press releases, requests 
     for proposals, bid solicitations and other documents 
     describing projects or programs funded in whole or in part 
     with Federal money, all grantees receiving Federal funds 
     included in this Act, including but not limited to State and 
     local governments and recipients of Federal research grants, 
     shall clearly state--
       (1) the percentage of the total costs of the program or 
     project which will be financed with Federal money;
       (2) the dollar amount of Federal funds for the project or 
     program; and
       (3) percentage and dollar amount of the total costs of the 
     project or program that will be financed by non-governmental 
     sources.
       Sec. 507. (a) None of the funds appropriated in this Act, 
     and none of the funds in any

[[Page 5685]]

     trust fund to which funds are appropriated in this Act, shall 
     be expended for any abortion.
       (b) None of the funds appropriated in this Act, and none of 
     the funds in any trust fund to which funds are appropriated 
     in this Act, shall be expended for health benefits coverage 
     that includes coverage of abortion.
       (c) The term ``health benefits coverage'' means the package 
     of services covered by a managed care provider or 
     organization pursuant to a contract or other arrangement.
       Sec. 508. (a) The limitations established in the preceding 
     section shall not apply to an abortion--
       (1) if the pregnancy is the result of an act of rape or 
     incest; or
       (2) in the case where a woman suffers from a physical 
     disorder, physical injury, or physical illness, including a 
     life-endangering physical condition caused by or arising from 
     the pregnancy itself, that would, as certified by a 
     physician, place the woman in danger of death unless an 
     abortion is performed.
       (b) Nothing in the preceding section shall be construed as 
     prohibiting the expenditure by a State, locality, entity, or 
     private person of State, local, or private funds (other than 
     a State's or locality's contribution of Medicaid matching 
     funds).
       (c) Nothing in the preceding section shall be construed as 
     restricting the ability of any managed care provider from 
     offering abortion coverage or the ability of a State or 
     locality to contract separately with such a provider for such 
     coverage with State funds (other than a State's or locality's 
     contribution of Medicaid matching funds).
       (d)(1) None of the funds made available in this Act may be 
     made available to a Federal agency or program, or to a State 
     or local government, if such agency, program, or government 
     subjects any institutional or individual health care entity 
     to discrimination on the basis that the health care entity 
     does not provide, pay for, provide coverage of, or refer for 
     abortions.
       (2) In this subsection, the term ``health care entity'' 
     includes an individual physician or other health care 
     professional, a hospital, a provider-sponsored organization, 
     a health maintenance organization, a health insurance plan, 
     or any other kind of health care facility, organization, or 
     plan.
       Sec. 509. (a) None of the funds made available in this Act 
     may be used for--
       (1) the creation of a human embryo or embryos for research 
     purposes; or
       (2) research in which a human embryo or embryos are 
     destroyed, discarded, or knowingly subjected to risk of 
     injury or death greater than that allowed for research on 
     fetuses in utero under 45 CFR 46.204(b) and section 498(b) of 
     the Public Health Service Act (42 U.S.C. 289g(b)).
       (b) For purposes of this section, the term ``human embryo 
     or embryos'' includes any organism, not protected as a human 
     subject under 45 CFR 46 as of the date of the enactment of 
     this Act, that is derived by fertilization, parthenogenesis, 
     cloning, or any other means from one or more human gametes or 
     human diploid cells.
       Sec. 510. (a) None of the funds made available in this Act 
     may be used for any activity that promotes the legalization 
     of any drug or other substance included in schedule I of the 
     schedules of controlled substances established under section 
     202 of the Controlled Substances Act except for normal and 
     recognized executive-congressional communications.
       (b) The limitation in subsection (a) shall not apply when 
     there is significant medical evidence of a therapeutic 
     advantage to the use of such drug or other substance or that 
     federally sponsored clinical trials are being conducted to 
     determine therapeutic advantage.
       Sec. 511. None of the funds made available in this Act may 
     be used to promulgate or adopt any final standard under 
     section 1173(b) of the Social Security Act providing for, or 
     providing for the assignment of, a unique health identifier 
     for an individual (except in an individual's capacity as an 
     employer or a health care provider), until legislation is 
     enacted specifically approving the standard.
       Sec. 512.  None of the funds made available in this Act may 
     be obligated or expended to enter into or renew a contract 
     with an entity if--
       (1) such entity is otherwise a contractor with the United 
     States and is subject to the requirement in 38 U.S.C. 4212(d) 
     regarding submission of an annual report to the Secretary of 
     Labor concerning employment of certain veterans; and
       (2) such entity has not submitted a report as required by 
     that section for the most recent year for which such 
     requirement was applicable to such entity.
       Sec. 513. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriation Act.
       Sec. 514. None of the funds made available by this Act to 
     carry out the Library Services and Technology Act may be made 
     available to any library covered by paragraph (1) of section 
     224(f) of such Act, as amended by the Children's Internet 
     Protection Act, unless such library has made the 
     certifications required by paragraph (4) of such section.
       Sec. 515. None of the funds made available by this Act to 
     carry out part D of title II of the Elementary and Secondary 
     Education Act of 1965 may be made available to any elementary 
     or secondary school covered by paragraph (1) of section 
     2441(a) of such Act, as amended by the Children's Internet 
     Protection Act and the No Child Left Behind Act, unless the 
     local educational agency with responsibility for such covered 
     school has made the certifications required by paragraph (2) 
     of such section.
       Sec. 516. (a) None of the funds provided under this Act, or 
     provided under previous appropriations Acts to the agencies 
     funded by this Act that remain available for obligation or 
     expenditure in fiscal year 2009, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure through 
     a reprogramming of funds that--
       (1) creates new programs;
       (2) eliminates a program, project, or activity;
       (3) increases funds or personnel by any means for any 
     project or activity for which funds have been denied or 
     restricted;
       (4) relocates an office or employees;
       (5) reorganizes or renames offices;
       (6) reorganizes programs or activities; or
       (7) contracts out or privatizes any functions or activities 
     presently performed by Federal employees;

     unless the Committees on Appropriations of the House of 
     Representatives and the Senate are notified 15 days in 
     advance of such reprogramming or of an announcement of intent 
     relating to such reprogramming, whichever occurs earlier.
       (b) None of the funds provided under this Act, or provided 
     under previous appropriations Acts to the agencies funded by 
     this Act that remain available for obligation or expenditure 
     in fiscal year 2009, or provided from any accounts in the 
     Treasury of the United States derived by the collection of 
     fees available to the agencies funded by this Act, shall be 
     available for obligation or expenditure through a 
     reprogramming of funds in excess of $500,000 or 10 percent, 
     whichever is less, that--
       (1) augments existing programs, projects (including 
     construction projects), or activities;
       (2) reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 10 percent 
     as approved by Congress; or
       (3) results from any general savings from a reduction in 
     personnel which would result in a change in existing 
     programs, activities, or projects as approved by Congress;

     unless the Committees on Appropriations of the House of 
     Representatives and the Senate are notified 15 days in 
     advance of such reprogramming or of an announcement of intent 
     relating to such reprogramming, whichever occurs earlier.
       Sec. 517. (a) None of the funds made available in this Act 
     may be used to request that a candidate for appointment to a 
     Federal scientific advisory committee disclose the political 
     affiliation or voting history of the candidate or the 
     position that the candidate holds with respect to political 
     issues not directly related to and necessary for the work of 
     the committee involved.
       (b) None of the funds made available in this Act may be 
     used to disseminate scientific information that is 
     deliberately false or misleading.
       Sec. 518.  Within 45 days of enactment of this Act, each 
     department and related agency funded through this Act shall 
     submit an operating plan that details at the program, 
     project, and activity level any funding allocations for 
     fiscal year 2009 that are different than those specified in 
     this Act, the accompanying detailed table in the explanatory 
     statement described in section 4 (in the matter preceding 
     division A of this consolidated Act), or the fiscal year 2009 
     budget request.
       Sec. 519.  None of the funds in this Act may be used to 
     employ workers described in section 274A(h)(3) of the 
     Immigration and Nationality Act.
       Sec. 520.  The Secretaries of Labor, Health and Human 
     Services, and Education shall each prepare and submit to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate a report on the number and amount of 
     contracts, grants, and cooperative agreements exceeding 
     $100,000 in value and awarded by the Department on a non-
     competitive basis during each quarter of fiscal year 2009, 
     but not to include grants awarded on a formula basis or 
     directed by law. Such report shall include the name of the 
     contractor or grantee, the amount of funding, the 
     governmental purpose, including a justification for issuing 
     the award on a non-competitive basis. Such report shall be 
     transmitted to the Committees within 30 days after the end of 
     the quarter for which the report is submitted.
       Sec. 521. None of the funds appropriated or otherwise made 
     available by this Act may be used to enter into a contract in 
     an amount greater than $5,000,000 or to award a grant in 
     excess of such amount unless the prospective contractor or 
     grantee certifies in writing to the agency awarding the 
     contract or grant that, to the best of its knowledge and 
     belief,

[[Page 5686]]

     the contractor or grantee has filed all Federal tax returns 
     required during the three years preceding the certification, 
     has not been convicted of a criminal offense under the 
     Internal Revenue Code of 1986, and has not, more than 90 days 
     prior to certification, been notified of any unpaid Federal 
     tax assessment for which the liability remains unsatisfied, 
     unless the assessment is the subject of an installment 
     agreement or offer in compromise that has been approved by 
     the Internal Revenue Service and is not in default, or the 
     assessment is the subject of a non-frivolous administrative 
     or judicial proceeding.
       Sec. 522.  None of the funds appropriated in this Act shall 
     be expended or obligated by the Commissioner of Social 
     Security, for purposes of administering Social Security 
     benefit payments under title II of the Social Security Act, 
     to process any claim for credit for a quarter of coverage 
     based on work performed under a social security account 
     number that is not the claimant's number and the performance 
     of such work under such number has formed the basis for a 
     conviction of the claimant of a violation of section 
     208(a)(6) or (7) of the Social Security Act.
       Sec. 523. (a) Section 14002(a)(2)(A)(i) of division A of 
     the American Recovery and Reinvestment Act of 2009 (Public 
     Law 111-5) is amended, in the matter preceding subclause (I), 
     by inserting ``education'' after ``secondary''.
       (b) Section 14002(b)(1) of such division is amended by 
     striking ``14001'' and inserting ``14001(d)''.
       (c) Section 14003(a) of such division is amended by 
     striking ``the Adult and Family Literacy Act (20 U.S.C. 1400 
     et seq.)'' and inserting ``the Adult Education and Family 
     Literacy Act (20 U.S.C. 9201 et seq.)''.
       (d) Section 14005(a) of such division is amended by 
     striking ``14001'' and inserting ``14001(d)''.
       (e) Section 14005(d)(4)(C) of such division is amended by 
     striking ``6401(e)(1)(9)(A)(ii)'' and inserting 
     ``6401(e)(1)(A)(ii)''.
       (f) Section 14005(d)(5) of such division is amended--
       (1) by striking ``1116(a)(7)(C)(iv)'' and inserting 
     ``1116(b)(7)(C)(iv)''; and
       (2) by striking ``1116(a)(8)(B)'' and inserting 
     ``1116(b)(8)(B)''.
       (g) Section 14011 of such division is amended by inserting 
     before the period at the end the following: ``, unless such 
     funds are used to provide special education and related 
     services to children with disabilities, as authorized by the 
     Individuals with Disabilities Education Act (20 U.S.C. 1400 
     et seq.)''.
       (h) Section 14012(c) of such division is amended to read as 
     follows:
       ``(c) Criteria.--The Secretary shall not grant a waiver or 
     modification under this section unless the Secretary 
     determines that the State receiving such waiver or 
     modification will not provide for elementary, secondary, and 
     public higher education, for the fiscal year under 
     consideration, a smaller percentage of the total revenues 
     available to the State than the percentage provided for such 
     purpose in the preceding fiscal year.''.

                                TITLE VI

                  AFGHAN ALLIES PROTECTION ACT OF 2009

     SEC. 601. SHORT TITLE.

       This Act may be cited as the ``Afghan Allies Protection Act 
     of 2009''.

     SEC. 602. PROTECTION FOR AFGHAN ALLIES.

       (a) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on the Judiciary of the 
     Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on the Judiciary of the 
     House of Representatives.
       (b) Special Immigrant Status for Certain Afghans.--
       (1) In general.--Subject to paragraph (3), the Secretary of 
     Homeland Security, or, notwithstanding any other provision of 
     law, the Secretary of State in consultation with the 
     Secretary of Homeland Security, may provide an alien 
     described in subparagraph (A), (B), or (C) of paragraph (2) 
     with the status of a special immigrant under section 
     101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(27)), if the alien--
       (A) or an agent acting on behalf of the alien, submits a 
     petition for classification under section 203(b)(4) of such 
     Act (8 U.S.C. 1153(b)(4));
       (B) is otherwise eligible to receive an immigrant visa;
       (C) is otherwise admissible to the United States for 
     permanent residence (excluding the grounds for 
     inadmissibility specified in section 212(a)(4) of such Act (8 
     U.S.C. 1182(a)(4)); and
       (D) clears a background check and appropriate screening, as 
     determined by the Secretary of Homeland Security.
       (2) Aliens described.--
       (A) Principal aliens.--An alien is described in this 
     subparagraph if the alien--
       (i) is a citizen or national of Afghanistan;
       (ii) was or is employed by or on behalf of the United 
     States Government in Afghanistan on or after October 7, 2001, 
     for not less than one year;
       (iii) provided faithful and valuable service to the United 
     States Government, which is documented in a positive 
     recommendation or evaluation, subject to subparagraph (D), 
     from the employee's senior supervisor or the person currently 
     occupying that position, or a more senior person, if the 
     employee's senior supervisor has left the employer or has 
     left Afghanistan; and
       (iv) has experienced or is experiencing an ongoing serious 
     threat as a consequence of the alien's employment by the 
     United States Government.
       (B) Spouse or child.--An alien is described in this 
     subparagraph if the alien--
       (i) is the spouse or child of a principal alien described 
     in subparagraph (A); and
       (ii) is accompanying or following to join the principal 
     alien in the United States.
       (C) Surviving spouse or child.--An alien is described in 
     this subparagraph if the alien--
       (i) was the spouse or child of a principal alien described 
     in subparagraph (A) who had a petition for classification 
     approved pursuant to this section or section 1059 of the 
     National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163; 8 U.S.C. 1101 note) which included the 
     alien as an accompanying spouse or child; and
       (ii) due to the death of the principal alien--

       (I) such petition was revoked or terminated (or otherwise 
     rendered null); and
       (II) such petition would have been approved if the 
     principal alien had survived.

       (D) Approval by chief of mission required.--A 
     recommendation or evaluation required under subparagraph 
     (A)(iii) shall be accompanied by approval from the 
     appropriate Chief of Mission, or the designee of the 
     appropriate Chief of Mission, who shall conduct a risk 
     assessment of the alien and an independent review of records 
     maintained by the United States Government or hiring 
     organization or entity to confirm employment and faithful and 
     valuable service to the United States Government prior to 
     approval of a petition under this section.
       (3) Numerical limitations.--
       (A) In general.--Except as provided in subparagraph (C), 
     the total number of principal aliens who may be provided 
     special immigrant status under this section may not exceed 
     1,500 per year for each of the fiscal years 2009, 2010, 2011, 
     2012, and 2013.
       (B) Exclusion from numerical limitations.--Aliens provided 
     special immigrant status under this subsection shall not be 
     counted against any numerical limitation under sections 
     201(d), 202(a), or 203(b)(4) of the Immigration and 
     Nationality Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)).
       (C) Carry forward.--
       (i) Fiscal years 2009 through 2013.--If the numerical 
     limitation specified in subparagraph (A) is not reached 
     during a given fiscal year, with respect to fiscal year 2009, 
     2010, 2011, 2012, or 2013, the numerical limitation specified 
     in such subparagraph for the following fiscal year shall be 
     increased by a number equal to the difference between--

       (I) the numerical limitation specified in subparagraph (A) 
     for the given fiscal year; and
       (II) the number of principal aliens provided special 
     immigrant status under this section during the given fiscal 
     year.

       (ii) Fiscal year 2014.--If the numerical limitation 
     determined under clause (i) is not reached in fiscal year 
     2013, the total number of principal aliens who may be 
     provided special immigrant status under this subsection for 
     fiscal year 2014 shall be equal to the difference between--

       (I) the numerical limitation determined under clause (i) 
     for fiscal year 2013; and
       (II) the number of principal aliens provided such status 
     under this section during fiscal year 2013.

       (4) Prohibition on fees.--The Secretary of Homeland 
     Security or the Secretary of State may not charge an alien 
     described in subparagraph (A), (B), or (C) of paragraph (2) 
     any fee in connection with an application for, or issuance 
     of, a special immigrant visa under this section.
       (5) Assistance with passport issuance.--The Secretary of 
     State shall make a reasonable effort to ensure that an alien 
     described in subparagraph (A), (B), or (C) of paragraph (2) 
     who is issued a special immigrant visa pursuant to this 
     subsection is provided with the appropriate series Afghan 
     passport necessary to enter the United States.
       (6) Protection of aliens.--The Secretary of State, in 
     consultation with the heads of other appropriate Federal 
     agencies, shall make a reasonable effort to provide an alien 
     described in subparagraph (A), (B), or (C) of paragraph (2) 
     who is seeking special immigrant status under this subsection 
     protection or to immediately remove such alien from 
     Afghanistan, if possible, if the Secretary determines, after 
     consultation, that such alien is in imminent danger.
       (7) Other eligibility for immigrant status.--No alien shall 
     be denied the opportunity to apply for admission under this 
     subsection solely because such alien qualifies as an 
     immediate relative or is eligible for any other immigrant 
     classification.
       (8) Resettlement support.--A citizen or national of 
     Afghanistan who is granted special immigrant status described 
     in section 101(a)(27) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(27)) shall be eligible for

[[Page 5687]]

     resettlement assistance, entitlement programs, and other 
     benefits available to refugees admitted under section 207 of 
     such Act (8 U.S.C. 1157) for a period not to exceed 8 months.
       (9) Adjustment of status.--Notwithstanding paragraph (2), 
     (7), or (8) of subsection (c) of section 245 of the 
     Immigration and Nationality Act (8 U.S.C. 1255), the 
     Secretary of Homeland Security may adjust the status of an 
     alien described in subparagraph (A), (B), or (C) of paragraph 
     (2) of this subsection or in section 1244(b) of the Refugee 
     Crisis in Iraq Act of 2007 (Public Law 110-181; 122 Stat. 
     397) to that of an alien lawfully admitted for permanent 
     residence under subsection (a) of such section 245 if the 
     alien--
       (A) was paroled or admitted as a nonimmigrant into the 
     United States; and
       (B) is otherwise eligible for special immigrant status 
     under--
       (i)(I) this subsection; or
       (II) such section 1244(b); and
       (ii) the Immigration and Nationality Act (8 U.S.C. 1101 et 
     seq.).
       (10) Report on implementation and authority to carry out 
     administrative measures.--
       (A) Requirement for report.--Not later than one year after 
     the date of the enactment of this Act, the Secretary of 
     Homeland Security and the Secretary of State, in consultation 
     with the Secretary of Defense, shall submit to the 
     appropriate committees of Congress a report on the 
     implementation of this subsection.
       (B) Content of report.--The report required by subparagraph 
     (A) shall describe actions taken, and additional 
     administrative measures that may be needed, to ensure the 
     integrity of the program established under this subsection 
     and the national security interests of the United States 
     related to such program.
       (C) Authority to carry out administrative measures.--The 
     Secretary of Homeland Security and the Secretary of State 
     shall implement any additional administrative measures 
     described in subparagraph (B) as they may deem necessary and 
     appropriate to ensure the integrity of the program 
     established under this subsection and the national security 
     interests of the United States related to such program.
       (11) Annual report on use of special immigrant status.--
       (A) Requirement.--Not later than 120 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of Homeland Security shall submit to the 
     appropriate committees of Congress a report on the number of 
     citizens or nationals of Afghanistan or Iraq who have applied 
     for status as special immigrants under this subsection or 
     section 1244 of the Refugee Crisis in Iraq Act of 2007 
     (Public Law 110-181; 122 Stat. 396).
       (B) Content.--Each report required by subparagraph (A) 
     submitted in a fiscal year shall include the following 
     information for the previous fiscal year:
       (i) The number of citizens or nationals of Afghanistan or 
     Iraq who submitted an application for status as a special 
     immigrant pursuant to this section or section 1244 of the 
     Refugee Crisis in Iraq Act of 2007 (Public Law 110-181; 122 
     Stat. 396), disaggregated--

       (I) by the number of principal aliens applying for such 
     status; and
       (II) by the number of spouses and children of principal 
     aliens applying for such status.

       (ii) The number of applications referred to in clause (i) 
     that--

       (I) were approved; or
       (II) were denied, including a description of the basis for 
     each denial.

       (c) Information Regarding Citizens or Nationals of 
     Afghanistan Employed by the United States or Federal 
     Contractors in Afghanistan.--
       (1) Requirement to compile information.--
       (A) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the Administrator of the United 
     States Agency for International Development, the Secretary of 
     Defense, the Secretary of Homeland Security, the Secretary of 
     State, and the Secretary of the Treasury shall--
       (i) review internal records and databases of their 
     respective agencies for information that can be used to 
     verify employment of citizens or nationals of Afghanistan by 
     the United States Government; and
       (ii) request from each prime contractor or grantee that has 
     performed work in Afghanistan since October 7, 2001, under a 
     contract, grant, or cooperative agreement with their 
     respective agencies that is valued in excess of $25,000, 
     information that may be used to verify the employment of such 
     citizens or nationals by such contractor or grantee.
       (B) Information required.--To the extent data is available, 
     the information referred to in subparagraph (A) shall include 
     the name and dates of employment of, biometric data for, and 
     other data that can be used to verify the employment of each 
     citizen or national of Afghanistan who has performed work in 
     Afghanistan since October 7, 2001, under a contract, grant, 
     or cooperative agreement with an executive agency.
       (2) Report on establishment of database.--Not later than 
     120 days after the date of the enactment of this Act, the 
     Secretary of Defense, in consultation with the Administrator 
     of the United States Agency for International Development, 
     the Secretary of Homeland Security, the Secretary of State, 
     and the Secretary of the Treasury, shall submit to the 
     appropriate committees of Congress a report examining the 
     options for establishing a unified and classified database of 
     information related to contracts, grants, or cooperative 
     agreements entered into by executive agencies for the 
     performance of work in Afghanistan since October 7, 2001, 
     including the information described and collected under 
     paragraph (1), to be used by relevant Federal departments and 
     agencies to adjudicate refugee, asylum, special immigrant 
     visa, and other immigration claims and applications.
       (3) Report on noncompliance.--Not later than 180 days after 
     the date of the enactment of this Act, the President shall 
     submit to the appropriate committees of Congress a report 
     that describes--
       (A) the inability or unwillingness of any contractor or 
     grantee to provide the information requested under paragraph 
     (1)(A)(ii); and
       (B) the reasons that such contractor or grantee provided 
     for failing to provide such information.
       (4) Executive agency defined.--In this subsection, the term 
     ``executive agency'' has the meaning given that term in 
     section 4 of the Office of Federal Procurement Policy Act (41 
     U.S.C. 403).
       (d) Rule of Construction.--Nothing in this section may be 
     construed to affect the authority of the Secretary of 
     Homeland Security under section 1059 of the National Defense 
     Authorization Act for Fiscal Year 2006 (Public Law 109-163; 8 
     U.S.C. 1101 note).
       This division may be cited as the ``Departments of Labor, 
     Health and Human Services, and Education, and Related 
     Agencies Appropriations Act, 2009''.

        DIVISION G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2009

                                TITLE I

                           LEGISLATIVE BRANCH

                                 SENATE

                           Expense Allowances

       For expense allowances of the Vice President, $20,000; the 
     President Pro Tempore of the Senate, $40,000; Majority Leader 
     of the Senate, $40,000; Minority Leader of the Senate, 
     $40,000; Majority Whip of the Senate, $10,000; Minority Whip 
     of the Senate, $10,000; Chairmen of the Majority and Minority 
     Conference Committees, $5,000 for each Chairman; and Chairmen 
     of the Majority and Minority Policy Committees, $5,000 for 
     each Chairman; in all, $180,000.

    Representation Allowances for the Majority and Minority Leaders

       For representation allowances of the Majority and Minority 
     Leaders of the Senate, $15,000 for each such Leader; in all, 
     $30,000.

                    Salaries, Officers and Employees

       For compensation of officers, employees, and others as 
     authorized by law, including agency contributions, 
     $171,699,000, which shall be paid from this appropriation 
     without regard to the following limitations:


                      office of the vice president

       For the Office of the Vice President, $2,413,000.


                  office of the president pro tempore

       For the Office of the President Pro Tempore, $720,000.


              office of the president pro tempore emeritus

       For the Office of the President Pro Tempore Emeritus, 
     $100,000.


              offices of the majority and minority leaders

       For Offices of the Majority and Minority Leaders, 
     $4,998,000.


               offices of the majority and minority whips

       For Offices of the Majority and Minority Whips, $3,096,000.


                      committee on appropriations

       For salaries of the Committee on Appropriations, 
     $15,200,000.


                         conference committees

       For the Conference of the Majority and the Conference of 
     the Minority, at rates of compensation to be fixed by the 
     Chairman of each such committee, $1,655,000 for each such 
     committee; in all, $3,310,000.


 offices of the secretaries of the conference of the majority and the 
                       conference of the minority

       For Offices of the Secretaries of the Conference of the 
     Majority and the Conference of the Minority, $814,000.


                           policy committees

       For salaries of the Majority Policy Committee and the 
     Minority Policy Committee, $1,690,000 for each such 
     committee; in all, $3,380,000.


                         office of the chaplain

       For Office of the Chaplain, $397,000.


                        office of the secretary

       For Office of the Secretary, $24,020,000.


             office of the sergeant at arms and doorkeeper

       For Office of the Sergeant at Arms and Doorkeeper, 
     $66,800,000.

[[Page 5688]]




        offices of the secretaries for the majority and minority

       For Offices of the Secretary for the Majority and the 
     Secretary for the Minority, $1,758,000.


               agency contributions and related expenses

       For agency contributions for employee benefits, as 
     authorized by law, and related expenses, $44,693,000.

            Office of the Legislative Counsel of the Senate

       For salaries and expenses of the Office of the Legislative 
     Counsel of the Senate, $6,743,000.

                     Office of Senate Legal Counsel

       For salaries and expenses of the Office of Senate Legal 
     Counsel, $1,484,000.

Expense Allowances of the Secretary of the Senate, Sergeant at Arms and 
Doorkeeper of the Senate, and Secretaries for the Majority and Minority 
                             of the Senate

       For expense allowances of the Secretary of the Senate, 
     $7,500; Sergeant at Arms and Doorkeeper of the Senate, 
     $7,500; Secretary for the Majority of the Senate, $7,500; 
     Secretary for the Minority of the Senate, $7,500; in all, 
     $30,000.

                   Contingent Expenses of the Senate


                      inquiries and investigations

       For expenses of inquiries and investigations ordered by the 
     Senate, or conducted under paragraph 1 of rule XXVI of the 
     Standing Rules of the Senate, section 112 of the Supplemental 
     Appropriations and Rescission Act, 1980 (Public Law 96-304), 
     and Senate Resolution 281, 96th Congress, agreed to March 11, 
     1980, $137,400,000.


expenses of the united states senate caucus on international narcotics 
                                control

       For expenses of the United States Senate Caucus on 
     International Narcotics Control, $520,000.


                        secretary of the senate

       For expenses of the Office of the Secretary of the Senate, 
     $2,000,000.


             sergeant at arms and doorkeeper of the senate

       For expenses of the Office of the Sergeant at Arms and 
     Doorkeeper of the Senate, $153,601,000, which shall remain 
     available until September 30, 2013.


                          miscellaneous items

       For miscellaneous items, $21,043,000, of which up to 
     $500,000 shall be made available for a pilot program for 
     mailings of postal patron postcards by Senators for the 
     purpose of providing notice of a town meeting by a Senator in 
     a county (or equivalent unit of local government) at which 
     the Senator will personally attend: Provided, That any amount 
     allocated to a Senator for such mailing shall not exceed 50 
     percent of the cost of the mailing and the remaining cost 
     shall be paid by the Senator from other funds available to 
     the Senator.


        senators' official personnel and office expense account

       For Senators' Official Personnel and Office Expense 
     Account, $400,000,000.


                          Official Mail Costs

       For expenses necessary for official mail costs of the 
     Senate, $300,000.

                       Administrative Provisions

       Sec. 1. Gross Rate of Compensation in Offices of Senators.  
      Effective on and after October 1, 2008, each of the dollar 
     amounts contained in the table under section 105(d)(1)(A) of 
     the Legislative Branch Appropriations Act, 1968 (2 U.S.C. 61-
     1(d)(1)(A)) shall be deemed to be the dollar amounts in that 
     table, as adjusted by law and in effect on September 30, 
     2008, increased by an additional $50,000 each.
       Sec. 2. Consultants. (a) In General.--
       (1) The first sentence of section 101(a) of the 
     Supplemental Appropriations Act, 1977 (2 U.S.C. 61h-6(a)) is 
     amended by striking ``eight individual consultants'' and 
     inserting ``nine individual consultants''.
       (2) The second sentence of section 101(a) of the 
     Supplemental Appropriations Act, 1977 (2 U.S.C. 61h-6(a)) is 
     amended by striking ``two individual consultants'' and 
     inserting ``three individual consultants''.
       (b) Effective Date.--This section shall take effect on the 
     date of enactment of this Act and shall apply to fiscal year 
     2009 and each fiscal year thereafter.

                        HOUSE OF REPRESENTATIVES

                         Salaries and Expenses

       For salaries and expenses of the House of Representatives, 
     $1,301,267,000, as follows:


                        house leadership offices

       For salaries and expenses, as authorized by law, 
     $25,113,000, including: Office of the Speaker, $4,879,000, 
     including $25,000 for official expenses of the Speaker; 
     Office of the Majority Floor Leader, $2,436,000, including 
     $10,000 for official expenses of the Majority Leader; Office 
     of the Minority Floor Leader, $4,390,000, including $10,000 
     for official expenses of the Minority Leader; Office of the 
     Majority Whip, including the Chief Deputy Majority Whip, 
     $2,115,000, including $5,000 for official expenses of the 
     Majority Whip; Office of the Minority Whip, including the 
     Chief Deputy Minority Whip, $1,630,000, including $5,000 for 
     official expenses of the Minority Whip; Speaker's Office for 
     Legislative Floor Activities, $501,000; Republican Steering 
     Committee, $950,000; Republican Conference, $1,777,000; 
     Republican Policy Committee, $337,000; Democratic Steering 
     and Policy Committee, $1,315,000; Democratic Caucus, 
     $1,749,000; nine minority employees, $1,502,000; training and 
     program development--majority, $290,000; training and program 
     development--minority, $290,000; Cloakroom Personnel--
     majority, $476,000; and Cloakroom Personnel--minority, 
     $476,000.

  Members' Representational Allowances Including Members' Clerk Hire, 
            Official Expenses of Members, and Official Mail

       For Members' representational allowances, including 
     Members' clerk hire, official expenses, and official mail, 
     $609,000,000.

                          Committee Employees

                Standing Committees, Special and Select

       For salaries and expenses of standing committees, special 
     and select, authorized by House resolutions, $154,000,000: 
     Provided, That such amount shall remain available for such 
     salaries and expenses until December 31, 2010, except that 
     $9,500,000 of such amount shall remain available until 
     expended for committee room upgrading.

                      Committee on Appropriations

       For salaries and expenses of the Committee on 
     Appropriations, $31,300,000, including studies and 
     examinations of executive agencies and temporary personal 
     services for such committee, to be expended in accordance 
     with section 202(b) of the Legislative Reorganization Act of 
     1946 and to be available for reimbursement to agencies for 
     services performed: Provided, That such amount shall remain 
     available for such salaries and expenses until December 31, 
     2010.

                    Salaries, Officers and Employees

       For compensation and expenses of officers and employees, as 
     authorized by law, $187,954,000, including: for salaries and 
     expenses of the Office of the Clerk, including not more than 
     $23,000, of which not more than $20,000 is for the Family 
     Room, for official representation and reception expenses, 
     $27,457,000, of which $500,000 shall remain available until 
     December 31, 2010 and $2,060,000 shall remain available until 
     expended; for salaries and expenses of the Office of the 
     Sergeant at Arms, including the position of Superintendent of 
     Garages, and including not more than $3,000 for official 
     representation and reception expenses, $8,355,000; for 
     salaries and expenses of the Office of the Chief 
     Administrative Officer, including not more than $3,000 for 
     official representation and reception expenses, $125,838,000, 
     of which $7,057,000 shall remain available until expended; 
     for salaries and expenses of the Office of the Inspector 
     General, $4,945,000; for salaries and expenses of the Office 
     of Emergency Planning, Preparedness and Operations, 
     $3,974,000, to remain available until expended; for salaries 
     and expenses of the Office of General Counsel, $1,357,000; 
     for the Office of the Chaplain, $173,000; for salaries and 
     expenses of the Office of the Parliamentarian, including the 
     Parliamentarian, $2,000 for preparing the Digest of Rules, 
     and not more than $1,000 for official representation and 
     reception expenses, $2,007,000; for salaries and expenses of 
     the Office of the Law Revision Counsel of the House, 
     $3,057,000; for salaries and expenses of the Office of the 
     Legislative Counsel of the House, $8,337,000; for salaries 
     and expenses of the Office of Interparliamentary Affairs, 
     $777,000; for other authorized employees, $1,158,000; and for 
     salaries and expenses of the Office of the Historian, 
     including the costs of the House Fellows Program (including 
     lodging and related expenses for visiting Program 
     participants), $519,000.

                        Allowances and Expenses

       For allowances and expenses as authorized by House 
     resolution or law, $293,900,000, including: supplies, 
     materials, administrative costs and Federal tort claims, 
     $11,656,000, of which $2,500,000 shall remain available until 
     expended; official mail for committees, leadership offices, 
     and administrative offices of the House, $201,000; Government 
     contributions for health, retirement, Social Security, and 
     other applicable employee benefits, $260,703,000; supplies, 
     materials, and other costs relating to the House portion of 
     expenses for the Capitol Visitor Center, $1,900,000, to 
     remain available until expended; Business Continuity and 
     Disaster Recovery, $18,698,000, of which $6,260,000 shall 
     remain available until expended; and miscellaneous items 
     including purchase, exchange, maintenance, repair and 
     operation of House motor vehicles, interparliamentary 
     receptions, and gratuities to heirs of deceased employees of 
     the House, $742,000.

                           Child Care Center

       For salaries and expenses of the House of Representatives 
     Child Care Center, such amounts as are deposited in the 
     account established by section 312(d)(1) of the Legislative 
     Branch Appropriations Act, 1992 (2 U.S.C. 2062), subject to 
     the level specified in the budget of the Center, as submitted 
     to the Committee on Appropriations of the House of 
     Representatives.

[[Page 5689]]



                       Administrative Provisions

       Sec. 101. (a) Requiring Amounts Remaining in Members' 
     Representational Allowances To Be Used for Deficit Reduction 
     or To Reduce the Federal Debt.--Notwithstanding any other 
     provision of law, any amounts appropriated under this Act for 
     ``HOUSE OF REPRESENTATIVES--Salaries and Expenses--Members' 
     Representational Allowances'' shall be available only for 
     fiscal year 2009. Any amount remaining after all payments are 
     made under such allowances for fiscal year 2009 shall be 
     deposited in the Treasury and used for deficit reduction (or, 
     if there is no Federal budget deficit after all such payments 
     have been made, for reducing the Federal debt, in such manner 
     as the Secretary of the Treasury considers appropriate).
       (b) Regulations.--The Committee on House Administration of 
     the House of Representatives shall have authority to 
     prescribe regulations to carry out this section.
       (c) Definition.--As used in this section, the term ``Member 
     of the House of Representatives'' means a Representative in, 
     or a Delegate or Resident Commissioner to, the Congress.
       Sec. 102. (a) The Chief Administrative Officer of the House 
     of Representatives shall deposit all amounts received as 
     promotional rebates and incentives on credit card purchases, 
     balances, and payments into the House Services Revolving Fund 
     under section 105 of the Legislative Branch Appropriations 
     Act, 2005.
       (b) Section 105(a) of the Legislative Branch Appropriations 
     Act, 2005 (2 U.S.C. 117m(a)) is amended by adding at the end 
     the following new paragraph:
       ``(6) The collection of promotional rebates and incentives 
     on credit card purchases, balances, and payments.''.
       (c) The amendments made by this section shall apply with 
     respect to fiscal year 2009 and each succeeding fiscal year.
       Sec. 103. (a) Section 101 of the Legislative Branch 
     Appropriations Act, 1993 (2 U.S.C. 95b) is amended by adding 
     at the end the following new subsection:
       ``(d) Amounts appropriated for any fiscal year for the 
     House of Representatives under the heading `Allowances and 
     Expenses' may be transferred to the Architect of the Capitol 
     and made available under the heading `House Office 
     Buildings', subject to the approval of the Committee on 
     Appropriations of the House of Representatives.''.
       (b) The amendment made by subsection (a) shall apply with 
     respect to fiscal year 2009 and each succeeding fiscal year.
       Sec. 104. (a) Effective with respect to fiscal year 2008 
     and each succeeding fiscal year, the aggregate amount 
     otherwise authorized to be appropriated for a fiscal year for 
     the lump-sum allowance for each of the following offices is 
     increased as follows:
       (1) The allowance for the office of the Majority Floor 
     Leader is increased by $200,000.
       (2) The allowance for the office of the Minority Floor 
     Leader is increased by $200,000.
       (b) Effective with respect to fiscal year 2009 and each 
     succeeding fiscal year, the aggregate amount otherwise 
     authorized to be appropriated for a fiscal year for the lump-
     sum allowance for each of the following offices is increased 
     as follows:
       (1) The allowance for the office of the Majority Whip is 
     increased by $72,000.
       (2) The allowance for the office of the Minority Whip is 
     increased by $72,000.
       Sec. 105. (a) Section 101 of the Legislative Branch 
     Appropriations Act, 1993 (2 U.S.C. 95b) is amended by 
     striking ``transferred among'' each place it appears in 
     subsections (a), (b), and (c)(1) and inserting ``transferred 
     among and merged with''.
       (b) Section 101(c)(2) of such Act (2 U.S.C. 95b(c)) is 
     amended to read as follows:
       ``(2) The headings referred to in paragraph (1) are `House 
     Leadership Offices', `Members' Representational Allowances', 
     `Committee Employees', `Salaries, Officers and Employees', 
     and `Allowances and Expenses'.''.
       (c) The amendments made by this section shall apply with 
     respect to fiscal year 2009 and each succeeding fiscal year.
       Sec. 106. Permitting House Child Care Center To Offer 
     Services for School-Age Children.--Section 312(a)(1) of the 
     Legislative Branch Appropriations Act, 1992 (2 U.S.C. 
     2062(a)(1)) is amended by striking ``pre-school child care'' 
     and inserting the following: ``pre-school child care and 
     (subject to the approval of regulations by the Committee on 
     House Administration) child care for school age children 
     other than during the course of the ordinary school day''.

                              JOINT ITEMS

       For Joint Committees, as follows:

                        Joint Economic Committee

       For salaries and expenses of the Joint Economic Committee, 
     $4,626,000, to be disbursed by the Secretary of the Senate.

                      Joint Committee on Taxation

       For salaries and expenses of the Joint Committee on 
     Taxation, $10,719,000, to be disbursed by the Chief 
     Administrative Officer of the House of Representatives.
       For other joint items, as follows:

                   Office of the Attending Physician

       For medical supplies, equipment, and contingent expenses of 
     the emergency rooms, and for the Attending Physician and his 
     assistants, including: (1) an allowance of $2,175 per month 
     to the Attending Physician; (2) an allowance of $1,300 per 
     month to one Senior Medical Officer; (3) an allowance of $725 
     per month each to three medical officers while on duty in the 
     Office of the Attending Physician; (4) an allowance of $725 
     per month to two assistants and $580 per month each not to 
     exceed 11 assistants on the basis heretofore provided for 
     such assistants; and (5) $2,223,000 for reimbursement to the 
     Department of the Navy for expenses incurred for staff and 
     equipment assigned to the Office of the Attending Physician, 
     which shall be advanced and credited to the applicable 
     appropriation or appropriations from which such salaries, 
     allowances, and other expenses are payable and shall be 
     available for all the purposes thereof, $3,105,000, to be 
     disbursed by the Chief Administrative Officer of the House of 
     Representatives.

             Office of Congressional Accessibility Services


                         Salaries and Expenses

       For salaries and expenses of the Office of Congressional 
     Accessibility Services, $800,000, to be disbursed by the 
     Secretary of the Senate.

           CAPITOL GUIDE SERVICE AND SPECIAL SERVICES OFFICE


                         salaries and expenses

       For salaries and expenses of the Capitol Guide Service, 
     $9,940,000, to be disbursed by the Secretary of the Senate 
     and Special Services Office.

                      Statements of Appropriations

       For the preparation, under the direction of the Committees 
     on Appropriations of the Senate and the House of 
     Representatives, of the statements for the second session of 
     the 110th Congress, showing appropriations made, indefinite 
     appropriations, and contracts authorized, together with a 
     chronological history of the regular appropriations bills as 
     required by law, $30,000, to be paid to the persons 
     designated by the chairmen of such committees to supervise 
     the work.

                             CAPITOL POLICE

                                Salaries

       For salaries of employees of the Capitol Police, including 
     overtime, hazardous duty pay differential, and Government 
     contributions for health, retirement, social security, 
     professional liability insurance, and other applicable 
     employee benefits, $248,000,000, to be disbursed by the Chief 
     of the Capitol Police or his designee.

                            General Expenses

       For necessary expenses of the Capitol Police, including 
     motor vehicles, communications and other equipment, security 
     equipment and installation, uniforms, weapons, supplies, 
     materials, training, medical services, forensic services, 
     stenographic services, personal and professional services, 
     the employee assistance program, the awards program, postage, 
     communication services, travel advances, relocation of 
     instructor and liaison personnel for the Federal Law 
     Enforcement Training Center, and not more than $5,000 to be 
     expended on the certification of the Chief of the Capitol 
     Police in connection with official representation and 
     reception expenses, $57,750,000, to be disbursed by the Chief 
     of the Capitol Police or his designee: Provided, That, 
     notwithstanding any other provision of law, the cost of basic 
     training for the Capitol Police at the Federal Law 
     Enforcement Training Center for fiscal year 2009 shall be 
     paid by the Secretary of Homeland Security from funds 
     available to the Department of Homeland Security.

                        Administrative Provision


                     (including transfer of funds)

       Sec. 1001. Transfer Authority.--Amounts appropriated for 
     fiscal year 2009 for the Capitol Police may be transferred 
     between the headings ``salaries'' and ``general expenses'' 
     upon the approval of the Committees on Appropriations of the 
     House of Representatives and the Senate.

                          OFFICE OF COMPLIANCE

                         Salaries and Expenses

       For salaries and expenses of the Office of Compliance, as 
     authorized by section 305 of the Congressional Accountability 
     Act of 1995 (2 U.S.C. 1385), $4,072,000, of which $800,000 
     shall remain available until September 30, 2010: Provided, 
     That the Executive Director of the Office of Compliance may, 
     within the limits of available appropriations, dispose of 
     surplus or obsolete personal property by interagency 
     transfer, donation, or discarding: Provided further, That not 
     more than $500 may be expended on the certification of the 
     Executive Director of the Office of Compliance in connection 
     with official representation and reception expenses.

                      CONGRESSIONAL BUDGET OFFICE

                         Salaries and Expenses

       For salaries and expenses necessary for operation of the 
     Congressional Budget Office, including not more than $6,000 
     to be expended on the certification of the Director of the 
     Congressional Budget Office in connection with official 
     representation and reception expenses, $44,082,000.

                        ARCHITECT OF THE CAPITOL

                         General Administration

       For salaries for the Architect of the Capitol, and other 
     personal services, at rates of

[[Page 5690]]

     pay provided by law; for surveys and studies in connection 
     with activities under the care of the Architect of the 
     Capitol; for all necessary expenses for the general and 
     administrative support of the operations under the Architect 
     of the Capitol including the Botanic Garden; electrical 
     substations of the Capitol, Senate and House office 
     buildings, and other facilities under the jurisdiction of the 
     Architect of the Capitol; including furnishings and office 
     equipment; including not more than $5,000 for official 
     reception and representation expenses, to be expended as the 
     Architect of the Capitol may approve; for purchase or 
     exchange, maintenance, and operation of a passenger motor 
     vehicle, $90,659,000, of which $1,505,000 shall remain 
     available until September 30, 2013.

                            Capitol Building

       For all necessary expenses for the maintenance, care and 
     operation of the Capitol, $35,840,000, of which $10,681,000 
     shall remain available until September 30, 2013.

                            Capitol Grounds

       For all necessary expenses for care and improvement of 
     grounds surrounding the Capitol, the Senate and House office 
     buildings, and the Capitol Power Plant, $9,649,000, of which 
     $340,000 shall remain available until September 30, 2013.

                        Senate Office Buildings

       For all necessary expenses for the maintenance, care and 
     operation of Senate office buildings; and furniture and 
     furnishings to be expended under the control and supervision 
     of the Architect of the Capitol, $69,359,000, of which 
     $9,743,000 shall remain available until September 30, 2013.

                         House Office Buildings

       For all necessary expenses for the maintenance, care and 
     operation of the House office buildings, $65,814,000, of 
     which $19,603,000 shall remain available until September 30, 
     2013.

                          Capitol Power Plant

       For all necessary expenses for the maintenance, care and 
     operation of the Capitol Power Plant; lighting, heating, 
     power (including the purchase of electrical energy) and water 
     and sewer services for the Capitol, Senate and House office 
     buildings, Library of Congress buildings, and the grounds 
     about the same, Botanic Garden, Senate garage, and air 
     conditioning refrigeration not supplied from plants in any of 
     such buildings; heating the Government Printing Office and 
     Washington City Post Office, and heating and chilled water 
     for air conditioning for the Supreme Court Building, the 
     Union Station complex, the Thurgood Marshall Federal 
     Judiciary Building and the Folger Shakespeare Library, 
     expenses for which shall be advanced or reimbursed upon 
     request of the Architect of the Capitol and amounts so 
     received shall be deposited into the Treasury to the credit 
     of this appropriation, $149,042,000, of which $63,570,000 
     shall remain available until September 30, 2013: Provided, 
     That not more than $8,000,000 of the funds credited or to be 
     reimbursed to this appropriation as herein provided shall be 
     available for obligation during fiscal year 2009.

                     Library Buildings and Grounds

       For all necessary expenses for the mechanical and 
     structural maintenance, care and operation of the Library 
     buildings and grounds, $39,094,000, of which $13,640,000 
     shall remain available until September 30, 2013.

             Capitol Police Buildings, Grounds and Security

       For all necessary expenses for the maintenance, care and 
     operation of buildings, grounds and security enhancements of 
     the United States Capitol Police, wherever located, the 
     Alternate Computer Facility, and AOC security operations, 
     $18,996,000, of which $3,497,000 shall remain available until 
     September 30, 2013.

                             Botanic Garden

       For all necessary expenses for the maintenance, care and 
     operation of the Botanic Garden and the nurseries, buildings, 
     grounds, and collections; and purchase and exchange, 
     maintenance, repair, and operation of a passenger motor 
     vehicle; all under the direction of the Joint Committee on 
     the Library, $10,906,000, of which $2,055,000 shall remain 
     available until September 30, 2013: Provided, That of the 
     amount made available under this heading, the Architect may 
     obligate and expend such sums as may be necessary for the 
     maintenance, care and operation of the National Garden 
     established under section 307E of the Legislative Branch 
     Appropriations Act, 1989 (2 U.S.C. 2146), upon vouchers 
     approved by the Architect or a duly authorized designee.

                         Capitol Visitor Center

       For an additional amount for the Capitol Visitor Center 
     project, $31,124,000, to remain available until expended, and 
     in addition, $9,103,000 for Capitol Visitor Center operations 
     costs: Provided, That the Architect of the Capitol may not 
     obligate any of the funds which are made available for the 
     Capitol Visitor Center project without an obligation plan 
     approved by the Committees on Appropriations of the Senate 
     and House of Representatives.

                       Administrative Provisions

       Sec. 1101. (a) Collection and Sale of Recyclable 
     Materials.--
       (1) Establishment of program.--The Architect of the Capitol 
     shall establish a program for the collection and sale of 
     recyclable materials collected from or on the Capitol 
     buildings and grounds, in accordance with the procedures 
     applicable under subchapter III of chapter 5 of subtitle I of 
     title 40, United States Code to the sale of surplus property 
     by an executive agency.
       (2) Exclusion of materials subject to other programs.--The 
     program established under this section shall not apply with 
     respect to any materials which are subject to collection and 
     sale under--
       (A) the third undesignated paragraph under the center 
     heading ``MISCELLANEOUS'' in the first section of the Act 
     entitled ``An Act making appropriations for sundry civil 
     expenses of the government for the fiscal year ending June 
     thirtieth, eighteen hundred and eighty-three, and for other 
     purposes'', approved August 7, 1882 (2 U.S.C. 117);
       (B) section 104(a) of the Legislative Branch Appropriations 
     Act, 1987 (as enacted by reference in identical form by 
     section 101(j) of Public Law 99-500 and Public Law 99-591) (2 
     U.S.C. 117e);
       (C) the Senate waste recycling program referred to in 
     section 4 of the Legislative Branch Appropriations Act, 2001 
     (2 U.S.C. 121f); or
       (D) any other authorized program for the collection and 
     sale of recyclable materials.
       (b) Revolving Fund.--
       (1) In general.--There is established in the Treasury a 
     revolving fund for the Office of the Architect of the 
     Capitol, which shall consist of--
       (A) proceeds from the sale of recyclable materials under 
     the program established under this section; and
       (B) such amounts as may be appropriated under law.
       (2) Use of fund.--Amounts in the revolving fund established 
     under paragraph (1) shall be available without fiscal year 
     limitation to the Architect of the Capitol, subject to the 
     Architect providing prior notice to the Committees on 
     Appropriations of the House of Representatives and Senate--
       (A) to carry out the program established under this 
     section;
       (B) to carry out authorized programs and activities of the 
     Architect to improve the environment; and
       (C) to carry out authorized programs and activities of the 
     Architect to promote energy savings.
       (c) Effective Date.--This section shall apply with respect 
     to each of the fiscal years 2009 through 2013.
       Sec. 1102. (a) Permitting Leasing of Space.--Subject to the 
     availability of funds, the Architect of the Capitol may 
     acquire real property by lease for the use of the Library of 
     Congress in any State or the District of Columbia if--
       (1) the Architect of the Capitol and the Librarian of 
     Congress submit a joint request for the Architect to lease 
     the property to the Joint Committee on the Library and to the 
     Committees on Appropriations of the House of Representatives 
     and Senate; and
       (2) the Joint Committee on the Library and the Committees 
     on Appropriations of the House of Representatives and Senate 
     each approve the request.
       (b) Transfer of Funds.--Subject to the approval of the 
     Joint Committee on the Library and the Committees on 
     Appropriations of the House of Representatives and the 
     Senate, the Architect of the Capitol and the Librarian of 
     Congress may transfer between themselves appropriations or 
     other available funds to pay the costs incurred in acquiring 
     real property pursuant to the authority of this section and 
     the costs of necessary expenses incurred in connection with 
     the acquisition of the property.
       (c) Limit on Obligations.--No obligation entered into 
     pursuant to the authority of this section shall be in advance 
     of, or in excess of, available appropriations.
       (d) Effective Date.--This section shall apply with respect 
     to fiscal year 2009 and each succeeding fiscal year.

                          LIBRARY OF CONGRESS

                         Salaries and Expenses

       For necessary expenses of the Library of Congress not 
     otherwise provided for, including development and maintenance 
     of the Library's catalogs; custody and custodial care of the 
     Library buildings; special clothing; cleaning, laundering and 
     repair of uniforms; preservation of motion pictures in the 
     custody of the Library; operation and maintenance of the 
     American Folklife Center in the Library; preparation and 
     distribution of catalog records and other publications of the 
     Library; hire or purchase of one passenger motor vehicle; and 
     expenses of the Library of Congress Trust Fund Board not 
     properly chargeable to the income of any trust fund held by 
     the Board, $419,030,000, of which not more than $6,000,000 
     shall be derived from collections credited to this 
     appropriation during fiscal year 2009, and shall remain 
     available until expended, under the Act of June 28, 1902 
     (chapter 1301; 32 Stat. 480; 2 U.S.C. 150) and not more than 
     $350,000 shall be derived from collections during fiscal year 
     2009 and shall remain available until expended for the 
     development and maintenance of an international legal 
     information database and activities related thereto: 
     Provided,

[[Page 5691]]

     That the Library of Congress may not obligate or expend any 
     funds derived from collections under the Act of June 28, 
     1902, in excess of the amount authorized for obligation or 
     expenditure in appropriations Acts: Provided further, That 
     the total amount available for obligation shall be reduced by 
     the amount by which collections are less than $6,350,000: 
     Provided further, That of the total amount appropriated, 
     $17,959,000 shall remain available until September 30, 2011 
     for the partial acquisition of books, periodicals, 
     newspapers, and all other materials including subscriptions 
     for bibliographic services for the Library, including $40,000 
     to be available solely for the purchase, when specifically 
     approved by the Librarian, of special and unique materials 
     for additions to the collections: Provided further, That of 
     the total amount appropriated, not more than $12,000 may be 
     expended, on the certification of the Librarian of Congress, 
     in connection with official representation and reception 
     expenses for the Overseas Field Offices: Provided further, 
     That of the total amount appropriated, $7,170,000 shall 
     remain available until expended for the digital collections 
     and educational curricula program: Provided further, That of 
     the total amount appropriated, $1,495,000 shall remain 
     available until expended, and shall be transferred to the 
     Abraham Lincoln Bicentennial Commission for carrying out the 
     purposes of Public Law 106-173, of which $10,000 may be used 
     for official representation and reception expenses of the 
     Abraham Lincoln Bicentennial Commission: Provided further, 
     That of the total amount appropriated, $560,000 shall be 
     transferred to the Federal Library and Information Center's 
     FEDLINK Program: Provided further, That of the total amount 
     appropriated, $190,000 shall be used to provide a grant to 
     the New York Historical Society for the digitization of its 
     collection: Provided further, That of the total amount 
     appropriated, $95,000 shall be used to provide a grant to the 
     University of Florida for development of a library of 
     original case studies.

                            Copyright Office


                         salaries and expenses

       For necessary expenses of the Copyright Office, 
     $51,592,000, of which not more than $28,751,000, to remain 
     available until expended, shall be derived from collections 
     credited to this appropriation during fiscal year 2009 under 
     section 708(d) of title 17, United States Code: Provided, 
     That the Copyright Office may not obligate or expend any 
     funds derived from collections under such section, in excess 
     of the amount authorized for obligation or expenditure in 
     appropriations Acts: Provided further, That not more than 
     $4,564,000 shall be derived from collections during fiscal 
     year 2009 under sections 111(d)(2), 119(b)(2), 803(e), 1005, 
     and 1316 of such title: Provided further, That the total 
     amount available for obligation shall be reduced by the 
     amount by which collections are less than $33,315,000: 
     Provided further, That not more than $100,000 of the amount 
     appropriated is available for the maintenance of an 
     ``International Copyright Institute'' in the Copyright Office 
     of the Library of Congress for the purpose of training 
     nationals of developing countries in intellectual property 
     laws and policies: Provided further, That not more than 
     $4,250 may be expended, on the certification of the Librarian 
     of Congress, in connection with official representation and 
     reception expenses for activities of the International 
     Copyright Institute and for copyright delegations, visitors, 
     and seminars: Provided further, That notwithstanding any 
     provision of chapter 8 of title 17, United States Code, any 
     amounts made available under this heading which are 
     attributable to royalty fees and payments received by the 
     Copyright Office pursuant to sections 111, 119, and chapter 
     10 of such title may be used for the costs incurred in the 
     administration of the Copyright Royalty Judges program, with 
     the exception of the costs of salaries and benefits for the 
     Copyright Royalty Judges and staff under section 802(e).

                     Congressional Research Service


                         salaries and expenses

       For necessary expenses to carry out the provisions of 
     section 203 of the Legislative Reorganization Act of 1946 (2 
     U.S.C. 166) and to revise and extend the Annotated 
     Constitution of the United States of America, $107,323,000: 
     Provided, That no part of such amount may be used to pay any 
     salary or expense in connection with any publication, or 
     preparation of material therefor (except the Digest of Public 
     General Bills), to be issued by the Library of Congress 
     unless such publication has obtained prior approval of either 
     the Committee on House Administration of the House of 
     Representatives or the Committee on Rules and Administration 
     of the Senate.

             Books for the Blind and Physically Handicapped


                         salaries and expenses

       For salaries and expenses to carry out the Act of March 3, 
     1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), 
     $68,816,000, of which $30,155,000 shall remain available 
     until expended: Provided, That of the total amount 
     appropriated, $650,000 shall be available to contract to 
     provide newspapers to blind and physically handicapped 
     residents at no cost to the individual.

                       Administrative Provisions

       Sec. 1201. Incentive Awards Program.--Of the amounts 
     appropriated to the Library of Congress in this Act, not more 
     than $5,000 may be expended, on the certification of the 
     Librarian of Congress, in connection with official 
     representation and reception expenses for the incentive 
     awards program.
       Sec. 1202. Reimbursable and Revolving Fund Activities. (a) 
     In General.--For fiscal year 2009, the obligational authority 
     of the Library of Congress for the activities described in 
     subsection (b) may not exceed $134,212,000.
       (b) Activities.--The activities referred to in subsection 
     (a) are reimbursable and revolving fund activities that are 
     funded from sources other than appropriations to the Library 
     in appropriations Acts for the legislative branch.
       (c) Transfer of Funds.--During fiscal year 2009, the 
     Librarian of Congress may temporarily transfer funds 
     appropriated in this Act, under the heading ``Library of 
     Congress'', under the subheading ``Salaries and expenses'', 
     to the revolving fund for the FEDLINK Program and the Federal 
     Research Program established under section 103 of the Library 
     of Congress Fiscal Operations Improvement Act of 2000 (Public 
     Law 106-481; 2 U.S.C. 182c): Provided, That the total amount 
     of such transfers may not exceed $1,900,000: Provided 
     further, That the appropriate revolving fund account shall 
     reimburse the Library for any amounts transferred to it 
     before the period of availability of the Library 
     appropriation expires.
       Sec. 1203. Transfer Authority. (a) In General.--Amounts 
     appropriated for fiscal year 2009 for the Library of Congress 
     may be transferred during fiscal year 2009 between any of the 
     headings under the heading ``Library of Congress'' upon the 
     approval of the Committees on Appropriations of the Senate 
     and the House of Representatives.
       (b) Limitation.--Not more than 10 percent of the total 
     amount of funds appropriated to the account under any heading 
     under the heading ``Library of Congress'' for fiscal year 
     2009 may be transferred from that account by all transfers 
     made under subsection (a).
       Sec. 1204. Abraham Lincoln Bicentennial Commission. Section 
     5(d) of the Abraham Lincoln Bicentennial Commission Act (36 
     U.S.C. note prec. 101; Public Law 106-173) is amended by 
     striking ``that member may continue to serve on the 
     Commission for not longer than the 30-day period beginning on 
     the date that member ceases to be a Member of Congress'' and 
     inserting ``that member may continue to serve on the 
     Commission for the life of the Commission''.

                       GOVERNMENT PRINTING OFFICE

                   Congressional Printing and Binding


                     (including transfer of funds)

       For authorized printing and binding for the Congress and 
     the distribution of Congressional information in any format; 
     printing and binding for the Architect of the Capitol; 
     expenses necessary for preparing the semimonthly and session 
     index to the Congressional Record, as authorized by law 
     (section 902 of title 44, United States Code); printing and 
     binding of Government publications authorized by law to be 
     distributed to Members of Congress; and printing, binding, 
     and distribution of Government publications authorized by law 
     to be distributed without charge to the recipient, 
     $96,828,000: Provided, That this appropriation shall not be 
     available for paper copies of the permanent edition of the 
     Congressional Record for individual Representatives, Resident 
     Commissioners or Delegates authorized under section 906 of 
     title 44, United States Code: Provided further, That this 
     appropriation shall be available for the payment of 
     obligations incurred under the appropriations for similar 
     purposes for preceding fiscal years: Provided further, That 
     notwithstanding the 2-year limitation under section 718 of 
     title 44, United States Code, none of the funds appropriated 
     or made available under this Act or any other Act for 
     printing and binding and related services provided to 
     Congress under chapter 7 of title 44, United States Code, may 
     be expended to print a document, report, or publication after 
     the 27-month period beginning on the date that such document, 
     report, or publication is authorized by Congress to be 
     printed, unless Congress reauthorizes such printing in 
     accordance with section 718 of title 44, United States Code: 
     Provided further, That any unobligated or unexpended balances 
     in this account or accounts for similar purposes for 
     preceding fiscal years may be transferred to the Government 
     Printing Office revolving fund for carrying out the purposes 
     of this heading, subject to the approval of the Committees on 
     Appropriations of the House of Representatives and Senate.

                 Office of Superintendent of Documents


                         salaries and expenses

                     (including transfer of funds)

       For expenses of the Office of Superintendent of Documents 
     necessary to provide for the cataloging and indexing of 
     Government publications and their distribution to the public, 
     Members of Congress, other Government agencies, and 
     designated depository and international exchange libraries as 
     authorized by law, $38,744,000: Provided, That amounts of not 
     more than $2,000,000 from

[[Page 5692]]

     current year appropriations are authorized for producing and 
     disseminating Congressional serial sets and other related 
     publications for fiscal years 2007 and 2008 to depository and 
     other designated libraries: Provided further, That any 
     unobligated or unexpended balances in this account or 
     accounts for similar purposes for preceding fiscal years may 
     be transferred to the Government Printing Office revolving 
     fund for carrying out the purposes of this heading, subject 
     to the approval of the Committees on Appropriations of the 
     House of Representatives and Senate.

               Government Printing Office Revolving Fund

       For payment to the Government Printing Office Revolving 
     Fund, $4,995,000 for information technology development and 
     facilities repair: Provided, That the Government Printing 
     Office is hereby authorized to make such expenditures, within 
     the limits of funds available and in accordance with law, and 
     to make such contracts and commitments without regard to 
     fiscal year limitations as provided by section 9104 of title 
     31, United States Code, as may be necessary in carrying out 
     the programs and purposes set forth in the budget for the 
     current fiscal year for the Government Printing Office 
     revolving fund: Provided further, That not more than $5,000 
     may be expended on the certification of the Public Printer in 
     connection with official representation and reception 
     expenses: Provided further, That the revolving fund shall be 
     available for the hire or purchase of not more than 12 
     passenger motor vehicles: Provided further, That expenditures 
     in connection with travel expenses of the advisory councils 
     to the Public Printer shall be deemed necessary to carry out 
     the provisions of title 44, United States Code: Provided 
     further, That the revolving fund shall be available for 
     temporary or intermittent services under section 3109(b) of 
     title 5, United States Code, but at rates for individuals not 
     more than the daily equivalent of the annual rate of basic 
     pay for level V of the Executive Schedule under section 5316 
     of such title: Provided further, That activities financed 
     through the revolving fund may provide information in any 
     format: Provided further, That the revolving fund and the 
     funds provided under the headings ``Office of Superintendent 
     of Documents'' and ``Salaries and Expenses'' may not be used 
     for contracted security services at GPO's passport facility 
     in the District of Columbia.

                    GOVERNMENT ACCOUNTABILITY OFFICE


                         salaries and expenses

       For necessary expenses of the Government Accountability 
     Office, including not more than $12,500 to be expended on the 
     certification of the Comptroller General of the United States 
     in connection with official representation and reception 
     expenses; temporary or intermittent services under section 
     3109(b) of title 5, United States Code, but at rates for 
     individuals not more than the daily equivalent of the annual 
     rate of basic pay for level IV of the Executive Schedule 
     under section 5315 of such title; hire of one passenger motor 
     vehicle; advance payments in foreign countries in accordance 
     with section 3324 of title 31, United States Code; benefits 
     comparable to those payable under sections 901(5), (6), and 
     (8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5), 
     (6), and (8)); and under regulations prescribed by the 
     Comptroller General of the United States, rental of living 
     quarters in foreign countries, $531,000,000: Provided, That 
     not more than $5,375,000 of payments received under section 
     782 of title 31, United States Code, shall be available for 
     use in fiscal year 2009: Provided further, That not more than 
     $2,260,000 of reimbursements received under section 9105 of 
     title 31, United States Code, shall be available for use in 
     fiscal year 2009: Provided further, That this appropriation 
     and appropriations for administrative expenses of any other 
     department or agency which is a member of the National 
     Intergovernmental Audit Forum or a Regional Intergovernmental 
     Audit Forum shall be available to finance an appropriate 
     share of either Forum's costs as determined by the respective 
     Forum, including necessary travel expenses of non-Federal 
     participants: Provided further, That payments hereunder to 
     the Forum may be credited as reimbursements to any 
     appropriation from which costs involved are initially 
     financed.

                        Administrative Provision

       Sec. 1301. Repeal and Modification of Certain Reporting 
     Requirements. (a) Spectrum Relocation Fund Transfers.--
     Section 118(e)(1)(B) of the National Telecommunications and 
     Information Administration Organization Act (47 U.S.C. 
     928(e)(1)(B)) is amended--
       (1) in clause (ii) by adding ``and'' after the semicolon;
       (2) in clause (iii) by striking ``; and'' and inserting a 
     period; and
       (3) by striking clause (iv).
       (b) Use of Funds in Projects Constructed Under Projected 
     Cost.--Section 211(d) of the Public Works and Economic 
     Development Act of 1965 (42 U.S.C. 3151(d)) is amended by 
     striking subsection (d) and inserting the following:
       ``(d) Review by Comptroller General.--The Comptroller 
     General of the United States shall regularly review the 
     implementation of this section.''.
       (c) GAO Study and Report on Impact of Safe Harbor on 
     Medigap Policies.--Section 5201(b)(2) of title V of division 
     J of the Omnibus Consolidated and Emergency Supplemental 
     Appropriations Act, 1999 (Public Law 105-277; 42 U.S.C. 
     1320a-7a note) is repealed.
       (d) GAO Report on Date Rape Drug Campaign.--Section 7(b)(3) 
     of the Hillary J. Farias and Samantha Reid Date-Rape Drug 
     Prohibition Act of 2000 (Public Law 106-172; 21 U.S.C. 801 
     note) is repealed.
       (e) Inspector General Audit and GAO Report on Enrollees 
     Eligible for Medicaid.--Section 2108(d) of the Social 
     Security Act (42 U.S.C. 1397hh(d)) is amended--
       (1) in the heading by striking ``and GAO Report''; and
       (2) by striking paragraph (3).
       (f) GAO Report on MA Regional Plan Stabilization Fund.--
     Section 1858(e)(7) of the Social Security Act (42 U.S.C. 
     1395w-27a(e)(7)) is repealed.
       (g) Breast Implants; Study by Comptroller General.--Section 
     214 of the Medical Device User Fee and Modernization Act of 
     2002 (Public Law 107-250; 42 U.S.C. 289g-3 note) is repealed.
       (h) Disposition of Rights.--Section 202(b) of title 35, 
     United States Code is amended--
       (1) by striking paragraph (3); and
       (2) by redesignating paragraph (4) as paragraph (3).

                OPEN WORLD LEADERSHIP CENTER TRUST FUND

       For a payment to the Open World Leadership Center Trust 
     Fund for financing activities of the Open World Leadership 
     Center under section 313 of the Legislative Branch 
     Appropriations Act, 2001 (2 U.S.C. 1151), $13,900,000.

   JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT

       For payment to the John C. Stennis Center for Public 
     Service Development Trust Fund established under section 116 
     of the John C. Stennis Center for Public Service Training and 
     Development Act (2 U.S.C. 1105), $430,000.

                                TITLE II

                           GENERAL PROVISIONS

       Sec. 201. Maintenance and Care of Private Vehicles. No part 
     of the funds appropriated in this Act shall be used for the 
     maintenance or care of private vehicles, except for emergency 
     assistance and cleaning as may be provided under regulations 
     relating to parking facilities for the House of 
     Representatives issued by the Committee on House 
     Administration and for the Senate issued by the Committee on 
     Rules and Administration.
       Sec. 202. Fiscal Year Limitation. No part of the funds 
     appropriated in this Act shall remain available for 
     obligation beyond fiscal year 2009 unless expressly so 
     provided in this Act.
       Sec. 203. Rates of Compensation and Designation. Whenever 
     in this Act any office or position not specifically 
     established by the Legislative Pay Act of 1929 (46 Stat. 32 
     et seq.) is appropriated for or the rate of compensation or 
     designation of any office or position appropriated for is 
     different from that specifically established by such Act, the 
     rate of compensation and the designation in this Act shall be 
     the permanent law with respect thereto: Provided, That the 
     provisions in this Act for the various items of official 
     expenses of Members, officers, and committees of the Senate 
     and House of Representatives, and clerk hire for Senators and 
     Members of the House of Representatives shall be the 
     permanent law with respect thereto.
       Sec. 204. Consulting Services. The expenditure of any 
     appropriation under this Act for any consulting service 
     through procurement contract, under section 3109 of title 5, 
     United States Code, shall be limited to those contracts where 
     such expenditures are a matter of public record and available 
     for public inspection, except where otherwise provided under 
     existing law, or under existing Executive order issued under 
     existing law.
       Sec. 205. Awards and Settlements. Such sums as may be 
     necessary are appropriated to the account described in 
     subsection (a) of section 415 of the Congressional 
     Accountability Act of 1995 (2 U.S.C. 1415(a)) to pay awards 
     and settlements as authorized under such subsection.
       Sec. 206. Costs of LBFMC. Amounts available for 
     administrative expenses of any legislative branch entity 
     which participates in the Legislative Branch Financial 
     Managers Council (LBFMC) established by charter on March 26, 
     1996, shall be available to finance an appropriate share of 
     LBFMC costs as determined by the LBFMC, except that the total 
     LBFMC costs to be shared among all participating legislative 
     branch entities (in such allocations among the entities as 
     the entities may determine) may not exceed $2,000.
       Sec. 207. Landscape Maintenance. The Architect of the 
     Capitol, in consultation with the District of Columbia, is 
     authorized to maintain and improve the landscape features, 
     excluding streets in the irregular shaped grassy areas 
     bounded by Washington Avenue SW on the northeast, Second 
     Street SW on the west, Square 582 on the south, and the 
     beginning of the I-395 tunnel on the southeast.

[[Page 5693]]

       Sec. 208. Limitation on Transfers. None of the funds made 
     available in this Act may be transferred to any department, 
     agency, or instrumentality of the United States Government, 
     except pursuant to a transfer made by, or transfer authority 
     provided in, this Act or any other appropriation Act.
       Sec. 209. Guided Tours of the Capitol. (a) Except as 
     provided in subsection (b), none of the funds made available 
     to the Architect of the Capitol in this Act may be used to 
     eliminate guided tours of the United States Capitol which are 
     led by employees and interns of offices of Members of 
     Congress and other offices of the House of Representatives 
     and Senate.
       (b) At the direction of the Capitol Police Board, or at the 
     direction of the Architect of the Capitol with the approval 
     of the Capitol Police Board, guided tours of the United 
     States Capitol which are led by employees and interns 
     described in subsection (a) may be suspended temporarily or 
     otherwise subject to restriction for security or related 
     reasons to the same extent as guided tours of the United 
     States Capitol which are led by the Architect of the Capitol.
       Sec. 210. Limitation on Certain Inspectors General 
     Authority To Use Firearms. None of the funds made available 
     in this Act may be used by the Inspector General of the 
     Architect of the Capitol or the Inspector General of the 
     Library of Congress to purchase, maintain, or carry any 
     firearm.
       This division may be cited as the ``Legislative Branch 
     Appropriations Act, 2009''.

   DIVISION H--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED 
                   PROGRAMS APPROPRIATIONS ACT, 2009

                                TITLE I

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    diplomatic and consular programs

                     (including transfer of funds)

       For necessary expenses of the Department of State and the 
     Foreign Service not otherwise provided for, $5,360,318,000, 
     of which $1,117,000,000 is for Worldwide Security Protection 
     (to remain available until expended), to be allocated as 
     follows:
       (1) Human resources.--For necessary expenses for training, 
     human resources management, and salaries, including 
     employment without regard to civil service and classification 
     laws of persons on a temporary basis (not to exceed 
     $700,000), as authorized by section 801 of the United States 
     Information and Educational Exchange Act of 1948, 
     $2,118,598,000 to remain available until September 30, 2010, 
     of which not less than $130,637,000 shall be available only 
     for public diplomacy American salaries.
       (2) Overseas programs.--For necessary expenses for the 
     regional bureaus of the Department of State and overseas 
     activities as authorized by law, $1,548,617,000, to remain 
     available until September 30, 2010, of which not less than 
     $264,169,000 shall be available only for public diplomacy 
     international information programs.
       (3) Diplomatic policy and support.--For necessary expenses 
     for the functional bureaus of the Department of State 
     including representation to certain international 
     organizations in which the United States participates 
     pursuant to treaties ratified pursuant to the advice and 
     consent of the Senate or specific Acts of Congress, general 
     administration, and arms control, nonproliferation and 
     disarmament activities as authorized, $585,078,000, to remain 
     available until September 30, 2010.
       (4) Security programs.--For necessary expenses for security 
     activities, $1,108,025,000, to remain available until 
     September 30, 2010.
       (5) Fees and payments collected.--In addition to amounts 
     otherwise made available under this heading--
       (A) not to exceed $1,605,150 shall be derived from fees 
     collected from other executive agencies for lease or use of 
     facilities located at the International Center in accordance 
     with section 4 of the International Center Act, and, in 
     addition, as authorized by section 5 of such Act, $490,000, 
     to be derived from the reserve authorized by that section, to 
     be used for the purposes set out in that section;
       (B) as authorized by section 810 of the United States 
     Information and Educational Exchange Act, not to exceed 
     $6,000,000, to remain available until expended, may be 
     credited to this appropriation from fees or other payments 
     received from English teaching, library, motion pictures, and 
     publication programs and from fees from educational advising 
     and counseling and exchange visitor programs; and
       (C) not to exceed $15,000, which shall be derived from 
     reimbursements, surcharges and fees for use of Blair House 
     facilities.
       (6) Transfer and reprogramming.--
       (A) Notwithstanding any provision of this Act, funds may be 
     reprogrammed within and between subsections under this 
     heading subject to section 7015 of this Act.
       (B) Of the amount made available under this heading, not to 
     exceed $10,000,000 may be transferred to, and merged with, 
     funds made available by this Act under the heading 
     ``Emergencies in the Diplomatic and Consular Service'', to be 
     available only for emergency evacuations and rewards, as 
     authorized.
       (C) Funds appropriated under this heading are available for 
     acquisition by exchange or purchase of passenger motor 
     vehicles as authorized by law and, pursuant to 31 U.S.C. 
     1108(g), for the field examination of programs and activities 
     in the United States funded from any account contained in 
     this title.


                   CIVILIAN STABILIZATION INITIATIVE

       For necessary expenses to establish, support, maintain, 
     mobilize, and deploy a civilian response corps in 
     coordination with the United States Agency for International 
     Development, and for related reconstruction and stabilization 
     assistance to prevent or respond to conflict or civil strife 
     in foreign countries or regions, or to enable transition from 
     such strife, $45,000,000, to remain available until expended: 
     Provided, That up to $23,014,000 may be made available in 
     fiscal year 2009 to provide administrative expenses for the 
     Office of the Coordinator for Reconstruction and 
     Stabilization: Provided further, That notwithstanding any 
     other provision of law and following consultation with the 
     Committees on Appropriations, the President may exercise 
     transfer authorities contained in the Foreign Assistance Act 
     of 1961 for reconstruction and stabilization assistance 
     managed by the Office of the Coordinator for Reconstruction 
     and Stabilization, United States Department of State, only to 
     support an actively deployed civilian response corps, subject 
     to the regular notification procedures of the Committees on 
     Appropriations: Provided further, That not later than 60 days 
     after enactment of this Act, the Secretary of State and the 
     Administrator of the United States Agency for International 
     Development shall submit a coordinated joint spending plan 
     for funds made available under this heading and under the 
     heading ``Civilian Stabilization Initiative'' in title II of 
     this Act.


                        Capital Investment Fund

       For necessary expenses of the Capital Investment Fund, 
     $71,000,000, to remain available until expended, as 
     authorized: Provided, That section 135(e) of Public Law 103-
     236 shall not apply to funds available under this heading.


                      office of inspector general

       For necessary expenses of the Office of Inspector General, 
     $37,000,000, notwithstanding section 209(a)(1) of the Foreign 
     Service Act of 1980 (Public Law 96-465), as it relates to 
     post inspections.


               Educational and Cultural Exchange Programs

       For expenses of educational and cultural exchange programs, 
     as authorized, $538,000,000, to remain available until 
     expended: Provided, That not to exceed $5,000,000, to remain 
     available until expended, may be credited to this 
     appropriation from fees or other payments received from or in 
     connection with English teaching, educational advising and 
     counseling programs, and exchange visitor programs as 
     authorized.


                       Representation Allowances

       For representation allowances as authorized, $8,175,000.

              protection of foreign missions and officials

       For expenses, not otherwise provided, to enable the 
     Secretary of State to provide for extraordinary protective 
     services, as authorized, $22,814,000, to remain available 
     until September 30, 2010.


            Embassy Security, Construction, and Maintenance

       For necessary expenses for carrying out the Foreign Service 
     Buildings Act of 1926 (22 U.S.C. 292-303), preserving, 
     maintaining, repairing, and planning for buildings that are 
     owned or directly leased by the Department of State, 
     renovating, in addition to funds otherwise available, the 
     Harry S Truman Building, and carrying out the Diplomatic 
     Security Construction Program as authorized, $801,344,000, to 
     remain available until expended as authorized, of which not 
     to exceed $25,000 may be used for domestic and overseas 
     representation as authorized: Provided, That none of the 
     funds appropriated in this paragraph shall be available for 
     acquisition of furniture, furnishings, or generators for 
     other departments and agencies.
       In addition, for the costs of worldwide security upgrades, 
     acquisition, and construction as authorized, $770,000,000, to 
     remain available until expended: Provided, That funds made 
     available by this paragraph may not be obligated until a plan 
     is submitted to the Committees on Appropriations with the 
     proposed allocation of funds made available by this Act and 
     by proceeds of sales for all projects in fiscal year 2009: 
     Provided further, That the Under Secretary for Management, 
     United States Department of State, shall consult with the 
     Committees on Appropriations on a regular and ongoing basis 
     on the design of any proposed self-financed New Embassy 
     Compound.
       In addition, for necessary expenses for overseas facility 
     construction and related costs for the United States Agency 
     for International Development, pursuant to section 667 of the 
     Foreign Assistance Act of 1961, $135,225,000, to remain 
     available until expended.

[[Page 5694]]




           emergencies in the diplomatic and consular service

                     (including transfer of funds)

       For necessary expenses to enable the Secretary of State to 
     meet unforeseen emergencies arising in the Diplomatic and 
     Consular Service, $9,000,000, to remain available until 
     expended as authorized, of which not to exceed $1,000,000 may 
     be transferred to, and merged with, funds appropriated by 
     this Act under the heading ``Repatriation Loans Program 
     Account'', subject to the same terms and conditions.


                    BUYING POWER MAINTENANCE ACCOUNT

       To offset adverse fluctuations in foreign currency exchange 
     rates and/or overseas wage and price changes, as authorized 
     by section 24(b) of the State Department Basic Authorities 
     Act of 1956 (22 U.S.C. 2696(b)), $5,000,000, to remain 
     available until expended.


                   Repatriation Loans Program Account

                     (Including Transfer of Funds)

       For the cost of direct loans, $678,000, as authorized: 
     Provided, That such costs, including the cost of modifying 
     such loans, shall be as defined in section 502 of the 
     Congressional Budget Act of 1974.
       In addition, for administrative expenses necessary to carry 
     out the direct loan program, $675,000, which may be 
     transferred to, and merged with, funds made available under 
     the heading ``Diplomatic and Consular Programs''.


              Payment to the American Institute in Taiwan

       For necessary expenses to carry out the Taiwan Relations 
     Act (Public Law 96-8), $16,840,000.


     Payment to the Foreign Service Retirement and Disability Fund

       For payment to the Foreign Service Retirement and 
     Disability Fund, as authorized by law, $157,100,000.

                      International Organizations

              contributions to international organizations

       For necessary expenses, not otherwise provided for, to meet 
     annual obligations of membership in international 
     multilateral organizations, pursuant to treaties ratified 
     pursuant to the advice and consent of the Senate, conventions 
     or specific Acts of Congress, $1,529,400,000: Provided, That 
     the Secretary of State shall, at the time of the submission 
     of the President's budget to Congress under section 1105(a) 
     of title 31, United States Code, transmit to the Committees 
     on Appropriations the most recent biennial budget prepared by 
     the United Nations for the operations of the United Nations: 
     Provided further, That the Secretary of State shall notify 
     the Committees on Appropriations at least 15 days in advance 
     (or in an emergency, as far in advance as is practicable) of 
     any United Nations action to increase funding for any United 
     Nations program without identifying an offsetting decrease 
     elsewhere in the United Nations budget: Provided further, 
     That any payment of arrearages under this title shall be 
     directed toward activities that are mutually agreed upon by 
     the United States and the respective international 
     organization: Provided further, That none of the funds 
     appropriated in this paragraph shall be available for a 
     United States contribution to an international organization 
     for the United States share of interest costs made known to 
     the United States Government by such organization for loans 
     incurred on or after October 1, 1984, through external 
     borrowings.


        contributions for international peacekeeping activities

       For necessary expenses to pay assessed and other expenses 
     of international peacekeeping activities directed to the 
     maintenance or restoration of international peace and 
     security, $1,517,000,000, of which 15 percent shall remain 
     available until September 30, 2010: Provided, That none of 
     the funds made available by this Act shall be obligated or 
     expended for any new or expanded United Nations peacekeeping 
     mission unless, at least 15 days in advance of voting for the 
     new or expanded mission in the United Nations Security 
     Council (or in an emergency as far in advance as is 
     practicable): (1) the Committees on Appropriations are 
     notified of the estimated cost and length of the mission, the 
     national interest that will be served, and the planned exit 
     strategy; (2) the Committees on Appropriations are notified 
     that the United Nations has taken appropriate measures to 
     prevent United Nations employees, contractor personnel, and 
     peacekeeping forces serving in any United Nations 
     peacekeeping mission from trafficking in persons, exploiting 
     victims of trafficking, or committing acts of illegal sexual 
     exploitation, and to hold accountable individuals who engage 
     in such acts while participating in the peacekeeping mission, 
     including the prosecution in their home countries of such 
     individuals in connection with such acts; and (3) 
     notification pursuant to section 7015 of this Act is 
     submitted, and the procedures therein followed, setting forth 
     the source of funds that will be used to pay for the cost of 
     the new or expanded mission: Provided further, That funds 
     shall be available for peacekeeping expenses only upon a 
     certification by the Secretary of State to the Committees on 
     Appropriations that American manufacturers and suppliers are 
     being given opportunities to provide equipment, services, and 
     material for United Nations peacekeeping activities equal to 
     those being given to foreign manufacturers and suppliers.

                       International Commissions

       For necessary expenses, not otherwise provided for, to meet 
     obligations of the United States arising under treaties, or 
     specific Acts of Congress, as follows:

 international boundary and water commission, united states and mexico

       For necessary expenses for the United States Section of the 
     International Boundary and Water Commission, United States 
     and Mexico, and to comply with laws applicable to the United 
     States Section, including not to exceed $6,000 for 
     representation; as follows:


                         salaries and expenses

       For salaries and expenses, not otherwise provided for, 
     $32,256,000.


                              Construction

       For detailed plan preparation and construction of 
     authorized projects, $43,250,000, to remain available until 
     expended, as authorized.


              American Sections, International Commissions

       For necessary expenses, not otherwise provided, 
     $11,649,000, of which $7,559,000 is for the International 
     Joint Commission and $1,970,000 is for the International 
     Boundary Commission, United States and Canada, as authorized 
     by treaties between the United States and Canada or Great 
     Britain, and $2,120,000 is for the Border Environment 
     Cooperation Commission as authorized by Public Law 103-182: 
     Provided, That of the amount provided under this heading for 
     the International Joint Commission, $9,000 may be made 
     available for representation expenses 45 days after 
     submission to the Committees on Appropriations of a report 
     detailing obligations, expenditures, and associated 
     activities for fiscal years 2006, 2007, and 2008, including 
     any unobligated funds which expired at the end of each fiscal 
     year and the justification for why such funds were not 
     obligated.

                  international fisheries commissions

       For necessary expenses for international fisheries 
     commissions, not otherwise provided for, as authorized by 
     law, $29,925,000: Provided, That the United States share of 
     such expenses may be advanced to the respective commissions 
     pursuant to 31 U.S.C. 3324.

                             RELATED AGENCY

                    Broadcasting Board of Governors


                 International Broadcasting Operations

       For necessary expenses to enable the Broadcasting Board of 
     Governors, as authorized, to carry out international 
     communication activities, including the purchase, rent, 
     construction, and improvement of facilities for radio and 
     television transmission and reception and purchase, lease, 
     and installation of necessary equipment for radio and 
     television transmission and reception to Cuba, and to make 
     and supervise grants for radio and television broadcasting to 
     the Middle East, $698,187,000: Provided, That of the total 
     amount in this heading, not to exceed $16,000 may be used for 
     official receptions within the United States as authorized, 
     not to exceed $35,000 may be used for representation abroad 
     as authorized, and not to exceed $39,000 may be used for 
     official reception and representation expenses of Radio Free 
     Europe/Radio Liberty; and in addition, notwithstanding any 
     other provision of law, not to exceed $2,000,000 in receipts 
     from advertising and revenue from business ventures, not to 
     exceed $500,000 in receipts from cooperating international 
     organizations, and not to exceed $1,000,000 in receipts from 
     privatization efforts of the Voice of America and the 
     International Broadcasting Bureau, to remain available until 
     expended for carrying out authorized purposes.


                   broadcasting capital improvements

       For the purchase, rent, construction, and improvement of 
     facilities for radio and television transmission and 
     reception, and purchase and installation of necessary 
     equipment for radio and television transmission and reception 
     as authorized, $11,296,000, to remain available until 
     expended, as authorized.

                            RELATED PROGRAMS

                          The Asia Foundation

       For a grant to the Asia Foundation, as authorized by the 
     Asia Foundation Act (22 U.S.C. 4402), $16,000,000, to remain 
     available until expended, as authorized.

                    United States Institute of Peace

       For necessary expenses of the United States Institute of 
     Peace as authorized in the United States Institute of Peace 
     Act, $31,000,000, to remain available until September 30, 
     2010.

         Center for Middle Eastern-Western Dialogue Trust Fund

       For necessary expenses of the Center for Middle Eastern-
     Western Dialogue Trust Fund, the total amount of the interest 
     and earnings accruing to such Fund on or before September 30, 
     2009, to remain available until expended.

[[Page 5695]]



                 Eisenhower Exchange Fellowship Program

       For necessary expenses of Eisenhower Exchange Fellowships, 
     Incorporated, as authorized by sections 4 and 5 of the 
     Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
     5205), all interest and earnings accruing to the Eisenhower 
     Exchange Fellowship Program Trust Fund on or before September 
     30, 2009, to remain available until expended: Provided, That 
     none of the funds appropriated herein shall be used to pay 
     any salary or other compensation, or to enter into any 
     contract providing for the payment thereof, in excess of the 
     rate authorized by 5 U.S.C. 5376; or for purposes which are 
     not in accordance with OMB Circulars A-110 (Uniform 
     Administrative Requirements) and A-122 (Cost Principles for 
     Non-profit Organizations), including the restrictions on 
     compensation for personal services.

                    Israeli Arab Scholarship Program

       For necessary expenses of the Israeli Arab Scholarship 
     Program as authorized by section 214 of the Foreign Relations 
     Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 
     2452), all interest and earnings accruing to the Israeli Arab 
     Scholarship Fund on or before September 30, 2009, to remain 
     available until expended.

                            East-West Center

       To enable the Secretary of State to provide for carrying 
     out the provisions of the Center for Cultural and Technical 
     Interchange Between East and West Act of 1960, by grant to 
     the Center for Cultural and Technical Interchange Between 
     East and West in the State of Hawaii, $21,000,000: Provided, 
     That none of the funds appropriated herein shall be used to 
     pay any salary, or enter into any contract providing for the 
     payment thereof, in excess of the rate authorized by 5 U.S.C. 
     5376.

                    National Endowment for Democracy

       For grants made by the Department of State to the National 
     Endowment for Democracy, as authorized by the National 
     Endowment for Democracy Act, $115,000,000, to remain 
     available until expended, of which $100,000,000 shall be 
     allocated in the traditional and customary manner among the 
     core institutes and $15,000,000 shall be for democracy, human 
     rights, and rule of law programs, of which $250,000 shall be 
     for programs and activities in Tibet: Provided, That the 
     President of the National Endowment for Democracy shall 
     provide to the Committees on Appropriations not later than 45 
     days after the date of enactment of this Act a report on the 
     proposed uses of funds under this heading on a regional and 
     country basis: Provided further, That funds made available by 
     this Act for the promotion of democracy may be made available 
     for the National Endowment for Democracy notwithstanding any 
     other provision of law or regulation.

                           OTHER COMMISSIONS

      Commission for the Preservation of America's Heritage Abroad


                         SALARIES AND EXPENSES

       For necessary expenses for the Commission for the 
     Preservation of America's Heritage Abroad, $599,000, as 
     authorized by section 1303 of Public Law 99-83.

             Commission on International Religious Freedom


                         SALARIES AND EXPENSES

       For necessary expenses for the United States Commission on 
     International Religious Freedom, as authorized by title II of 
     the International Religious Freedom Act of 1998 (Public Law 
     105-292), $4,000,000, to remain available until September 30, 
     2010.

            Commission on Security and Cooperation in Europe


                         SALARIES AND EXPENSES

       For necessary expenses of the Commission on Security and 
     Cooperation in Europe, as authorized by Public Law 94-304, 
     $2,610,000, to remain available until September 30, 2010.

  Congressional-Executive Commission on the People's Republic of China


                         SALARIES AND EXPENSES

       For necessary expenses of the Congressional-Executive 
     Commission on the People's Republic of China, as authorized, 
     $2,000,000, including not more than $3,000 for the purpose of 
     official representation, to remain available until September 
     30, 2010.

      United States-China Economic and Security Review Commission

                         salaries and expenses

       For necessary expenses of the United States-China Economic 
     and Security Review Commission, $4,000,000, including not 
     more than $4,000 for the purpose of official representation, 
     to remain available until September 30, 2010: Provided, That 
     the Commission shall provide to the Committees on 
     Appropriations a quarterly accounting of the cumulative 
     balances of any unobligated funds that were received by the 
     Commission during any previous fiscal year: Provided further, 
     That section 308(e) of the United States-China Relations Act 
     of 2000 (22 U.S.C. 6918(e)) (relating to the treatment of 
     employees as Congressional employees), and section 309 of 
     such Act (22 U.S.C. 6919) (relating to printing and binding 
     costs), shall apply to the Commission in the same manner as 
     such section applies to the Congressional-Executive 
     Commission on the People's Republic of China: Provided 
     further, That the Commission shall comply with chapter 43 of 
     title 5, United States Code, regarding the establishment and 
     regular review of employee performance appraisals: Provided 
     further, That the Commission shall comply with section 4505a 
     of title 5, United States Code, with respect to limitations 
     on payment of performance-based cash awards: Provided 
     further, That compensation for the executive director of the 
     Commission may not exceed the rate payable for level II of 
     the Executive Schedule under section 5313 of title 5, United 
     States Code: Provided further, That travel by members of the 
     Commission and its staff shall be arranged and conducted 
     under the rules and procedures applying to travel by members 
     of the House of Representatives and its staff.

          United States Senate-China Interparliamentary Group


                         SALARIES AND EXPENSES

       For necessary expenses of the United States Senate-China 
     Interparliamentary Group, as authorized under section 153 of 
     the Consolidated Appropriations Act, 2004 (22 U.S.C. 276n; 
     Public Law 108-99; 118 Stat. 448), $150,000, to remain 
     available until September 30, 2010.

                                TITLE II

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                  Funds Appropriated to the President


                           operating expenses

                     (including transfer of funds)

       For necessary expenses to carry out the provisions of 
     section 667 of the Foreign Assistance Act of 1961, 
     $808,584,000, of which up to $85,000,000 may remain available 
     until September 30, 2010: Provided, That none of the funds 
     appropriated under this heading and under the heading 
     ``Capital Investment Fund'' in this Act may be made available 
     to finance the construction (including architect and 
     engineering services), purchase, or long-term lease of 
     offices for use by the United States Agency for International 
     Development (USAID), unless the USAID Administrator has 
     identified such proposed construction (including architect 
     and engineering services), purchase, or long-term lease of 
     offices in a report submitted to the Committees on 
     Appropriations at least 15 days prior to the obligation of 
     funds for such purposes: Provided further, That the previous 
     proviso shall not apply when the total cost of construction 
     (including architect and engineering services), purchase, or 
     long-term lease of offices does not exceed $1,000,000: 
     Provided further, That contracts or agreements entered into 
     with funds appropriated under this heading may entail 
     commitments for the expenditure of such funds through fiscal 
     year 2010: Provided further, That any decision to open a new 
     USAID overseas mission or office or, except where there is a 
     substantial security risk to mission personnel, to close or 
     significantly reduce the number of personnel of any such 
     mission or office, shall be subject to the regular 
     notification procedures of the Committees on Appropriations: 
     Provided further, That the authority of sections 610 and 109 
     of the Foreign Assistance Act of 1961 may be exercised by the 
     Secretary of State to transfer funds appropriated to carry 
     out chapter 1 of part I of such Act to ``Operating Expenses'' 
     in accordance with the provisions of those sections: Provided 
     further, That of the funds appropriated or made available 
     under this heading, not to exceed $250,000 shall be available 
     for representation and entertainment allowances, of which not 
     to exceed $5,000 shall be available for entertainment 
     allowances, for USAID during the current fiscal year: 
     Provided further, That no such entertainment funds may be 
     used for the purposes listed in section 7020 of this Act: 
     Provided further, That appropriate steps shall be taken to 
     assure that, to the maximum extent possible, United States-
     owned foreign currencies are utilized in lieu of dollars.


                   CIVILIAN STABILIZATION INITIATIVE

       For necessary expenses to carry out section 667 of the 
     Foreign Assistance Act of 1961 for the United States Agency 
     for International Development (USAID) to establish, support, 
     maintain, mobilize, and deploy a civilian response corps in 
     coordination with the Department of State, and for related 
     reconstruction and stabilization assistance to prevent or 
     respond to conflict or civil strife in foreign countries or 
     regions, or to enable transition from such strife, 
     $30,000,000, to remain available until expended: Provided, 
     That not later than 60 days after enactment of this Act, the 
     Secretary of State and the USAID Administrator shall submit a 
     coordinated joint spending plan for funds made available 
     under this heading and under the heading ``Civilian 
     Stabilization Initiative'' in title I of this Act.


                        capital investment fund

       For necessary expenses for overseas construction and 
     related costs, and for the procurement and enhancement of 
     information technology and related capital investments, 
     pursuant to section 667 of the Foreign Assistance Act of 
     1961, $35,775,000, to remain available until expended: 
     Provided, That this amount is in addition to funds otherwise 
     available for such purposes: Provided further, That funds 
     appropriated under this heading shall be available for 
     obligation only pursuant to the regular notification 
     procedures of the Committees on Appropriations.

[[Page 5696]]




                      office of inspector general

       For necessary expenses to carry out the provisions of 
     section 667 of the Foreign Assistance Act of 1961, 
     $42,000,000, to remain available until September 30, 2010, 
     which sum shall be available for the Office of the Inspector 
     General of the United States Agency for International 
     Development.

                               TITLE III

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

       For necessary expenses to enable the President to carry out 
     the provisions of the Foreign Assistance Act of 1961, and for 
     other purposes, to remain available until September 30, 2009, 
     unless otherwise specified herein, as follows:

                    global health and child survival

                     (including transfer of funds)

       For necessary expenses to carry out the provisions of 
     chapters 1 and 10 of part I of the Foreign Assistance Act of 
     1961, for global health activities, in addition to funds 
     otherwise available for such purposes, $1,955,000,000, to 
     remain available until September 30, 2010, and which shall be 
     apportioned directly to the United States Agency for 
     International Development: Provided, That this amount shall 
     be made available for such activities as: (1) child survival 
     and maternal health programs; (2) immunization and oral 
     rehydration programs; (3) other health, nutrition, water and 
     sanitation programs which directly address the needs of 
     mothers and children, and related education programs; (4) 
     assistance for children displaced or orphaned by causes other 
     than AIDS; (5) programs for the prevention, treatment, 
     control of, and research on HIV/AIDS, tuberculosis, polio, 
     malaria, and other infectious diseases, and for assistance to 
     communities severely affected by HIV/AIDS, including children 
     infected or affected by AIDS; and (6) family planning/
     reproductive health: Provided further, That none of the funds 
     appropriated under this paragraph may be made available for 
     nonproject assistance, except that funds may be made 
     available for such assistance for ongoing health activities: 
     Provided further, That of the funds appropriated under this 
     paragraph, not to exceed $400,000, in addition to funds 
     otherwise available for such purposes, may be used to monitor 
     and provide oversight of child survival, maternal and family 
     planning/reproductive health, and infectious disease 
     programs: Provided further, That of the funds appropriated 
     under this paragraph, $75,000,000 should be made available 
     for a United States contribution to The GAVI Fund, and up to 
     $5,000,000 may be transferred to, and merged with, funds 
     appropriated by this Act under the heading ``Operating 
     Expenses'' in title II for costs directly related to global 
     health, but funds made available for such costs may not be 
     derived from amounts made available for contributions under 
     this and preceding provisos: Provided further, That none of 
     the funds made available in this Act nor any unobligated 
     balances from prior appropriations Acts may be made available 
     to any organization or program which, as determined by the 
     President of the United States, supports or participates in 
     the management of a program of coercive abortion or 
     involuntary sterilization: Provided further, That any 
     determination made under the previous proviso must be made no 
     later than 6 months after the date of enactment of this Act, 
     and must be accompanied by the evidence and criteria utilized 
     to make the determination: Provided further, That none of the 
     funds made available under this Act may be used to pay for 
     the performance of abortion as a method of family planning or 
     to motivate or coerce any person to practice abortions: 
     Provided further, That nothing in this paragraph shall be 
     construed to alter any existing statutory prohibitions 
     against abortion under section 104 of the Foreign Assistance 
     Act of 1961: Provided further, That none of the funds made 
     available under this Act may be used to lobby for or against 
     abortion: Provided further, That in order to reduce reliance 
     on abortion in developing nations, funds shall be available 
     only to voluntary family planning projects which offer, 
     either directly or through referral to, or information about 
     access to, a broad range of family planning methods and 
     services, and that any such voluntary family planning project 
     shall meet the following requirements: (1) service providers 
     or referral agents in the project shall not implement or be 
     subject to quotas, or other numerical targets, of total 
     number of births, number of family planning acceptors, or 
     acceptors of a particular method of family planning (this 
     provision shall not be construed to include the use of 
     quantitative estimates or indicators for budgeting and 
     planning purposes); (2) the project shall not include payment 
     of incentives, bribes, gratuities, or financial reward to: 
     (A) an individual in exchange for becoming a family planning 
     acceptor; or (B) program personnel for achieving a numerical 
     target or quota of total number of births, number of family 
     planning acceptors, or acceptors of a particular method of 
     family planning; (3) the project shall not deny any right or 
     benefit, including the right of access to participate in any 
     program of general welfare or the right of access to health 
     care, as a consequence of any individual's decision not to 
     accept family planning services; (4) the project shall 
     provide family planning acceptors comprehensible information 
     on the health benefits and risks of the method chosen, 
     including those conditions that might render the use of the 
     method inadvisable and those adverse side effects known to be 
     consequent to the use of the method; and (5) the project 
     shall ensure that experimental contraceptive drugs and 
     devices and medical procedures are provided only in the 
     context of a scientific study in which participants are 
     advised of potential risks and benefits; and, not less than 
     60 days after the date on which the Administrator of the 
     United States Agency for International Development determines 
     that there has been a violation of the requirements contained 
     in paragraph (1), (2), (3), or (5) of this proviso, or a 
     pattern or practice of violations of the requirements 
     contained in paragraph (4) of this proviso, the Administrator 
     shall submit to the Committees on Appropriations a report 
     containing a description of such violation and the corrective 
     action taken by the Agency: Provided further, That in 
     awarding grants for natural family planning under section 104 
     of the Foreign Assistance Act of 1961 no applicant shall be 
     discriminated against because of such applicant's religious 
     or conscientious commitment to offer only natural family 
     planning; and, additionally, all such applicants shall comply 
     with the requirements of the previous proviso: Provided 
     further, That for purposes of this or any other Act 
     authorizing or appropriating funds for the Department of 
     State, foreign operations, and related programs, the term 
     ``motivate'', as it relates to family planning assistance, 
     shall not be construed to prohibit the provision, consistent 
     with local law, of information or counseling about all 
     pregnancy options: Provided further, That information 
     provided about the use of condoms as part of projects or 
     activities that are funded from amounts appropriated by this 
     Act shall be medically accurate and shall include the public 
     health benefits and failure rates of such use.
       In addition, for necessary expenses to carry out the 
     provisions of the Foreign Assistance Act of 1961 for the 
     prevention, treatment, and control of, and research on, HIV/
     AIDS, $5,159,000,000, to remain available until expended, and 
     which shall be apportioned directly to the Department of 
     State: Provided, That of the funds appropriated under this 
     paragraph, not less than $600,000,000 shall be made 
     available, notwithstanding any other provision of law, except 
     for the United States Leadership Against HIV/AIDS, 
     Tuberculosis and Malaria Act of 2003 (Public Law 108-25), as 
     amended, for a United States contribution to the Global Fund 
     to Fight AIDS, Tuberculosis and Malaria, and shall be 
     expended at the minimum rate necessary to make timely payment 
     for projects and activities: Provided further, That up to 5 
     percent of the aggregate amount of funds made available to 
     the Global Fund in fiscal year 2009 may be made available to 
     the United States Agency for International Development for 
     technical assistance related to the activities of the Global 
     Fund: Provided further, That of the funds appropriated under 
     this paragraph, up to $14,000,000 may be made available, in 
     addition to amounts otherwise available for such purposes, 
     for administrative expenses of the Office of the Global AIDS 
     Coordinator.

                         development assistance

       For necessary expenses to carry out the provisions of 
     sections 103, 105, 106, and sections 251 through 255, and 
     chapter 10 of part I of the Foreign Assistance Act of 1961, 
     $1,800,000,000, to remain available until September 30, 2010: 
     Provided, That of the funds appropriated under this heading 
     that are made available for assistance programs for displaced 
     and orphaned children and victims of war, not to exceed 
     $44,000, in addition to funds otherwise available for such 
     purposes, may be used to monitor and provide oversight of 
     such programs: Provided further, That of the funds 
     appropriated by this Act and prior Acts for fiscal year 2009, 
     not less than $245,000,000 shall be made available for 
     microenterprise and microfinance development programs for the 
     poor, especially women: Provided further, That of the funds 
     appropriated under this heading, not less than $22,500,000 
     shall be made available for the American Schools and 
     Hospitals Abroad program: Provided further, That of the funds 
     appropriated under this heading, $10,000,000 shall be made 
     available for cooperative development programs within the 
     Office of Private and Voluntary Cooperation: Provided 
     further, That of the funds appropriated by this Act and prior 
     Acts for fiscal year 2009, not less than $300,000,000 shall 
     be made available for water and sanitation supply projects 
     pursuant to the Senator Paul Simon Water for the Poor Act of 
     2005 (Public Law 109-121), of which not less than 
     $125,000,000 should be made available for such projects in 
     Africa: Provided further, That of the funds appropriated by 
     title III of this Act, not less than $375,000,000 shall be 
     made available for agricultural development programs, of 
     which not less than $29,000,000 shall be made available for 
     Collaborative Research Support Programs: Provided further, 
     That of the funds appropriated under this heading, 
     $75,000,000 shall be made available to enhance global food 
     security, including for local or regional

[[Page 5697]]

     purchase and distribution of food, in addition to funds 
     otherwise made available for such purposes, and 
     notwithstanding any other provision of law: Provided further, 
     That prior to the obligation of funds pursuant to the 
     previous proviso and after consultation with other relevant 
     Federal departments and agencies, the Committees on 
     Appropriations, and relevant nongovernmental organizations, 
     the Administrator of the United States Agency for 
     International Development shall submit to the Committees on 
     Appropriations a strategy for achieving the goals of funding 
     for global food security programs, specifying the intended 
     country beneficiaries, amounts of funding, types of 
     activities to be funded, and expected quantifiable results: 
     Provided further, That of the funds appropriated under this 
     heading for agricultural development programs, not less than 
     $7,000,000 shall be made available for a United States 
     contribution to the endowment of the Global Crop Diversity 
     Trust pursuant to section 3202 of Public Law 110-246: 
     Provided further, That of the funds appropriated under this 
     heading, not less than $15,000,000 shall be made available 
     for programs to improve women's leadership capacity in 
     recipient countries.


                   international disaster assistance

       For necessary expenses to carry out the provisions of 
     section 491 of the Foreign Assistance Act of 1961 for 
     international disaster relief, rehabilitation, and 
     reconstruction assistance, $350,000,000, to remain available 
     until expended.


                         transition initiatives

       For necessary expenses for international disaster 
     rehabilitation and reconstruction assistance pursuant to 
     section 491 of the Foreign Assistance Act of 1961, 
     $50,000,000, to remain available until expended, to support 
     transition to democracy and to long-term development of 
     countries in crisis: Provided, That such support may include 
     assistance to develop, strengthen, or preserve democratic 
     institutions and processes, revitalize basic infrastructure, 
     and foster the peaceful resolution of conflict: Provided 
     further, That the United States Agency for International 
     Development shall submit a report to the Committees on 
     Appropriations at least 5 days prior to beginning a new 
     program of assistance: Provided further, That if the 
     President determines that it is important to the national 
     interests of the United States to provide transition 
     assistance in excess of the amount appropriated under this 
     heading, up to $15,000,000 of the funds appropriated by this 
     Act to carry out the provisions of part I of the Foreign 
     Assistance Act of 1961 may be used for purposes of this 
     heading and under the authorities applicable to funds 
     appropriated under this heading: Provided further, That funds 
     made available pursuant to the previous proviso shall be made 
     available subject to prior consultation with the Committees 
     on Appropriations.


                      development credit authority

                     (including transfer of funds)

       For the cost of direct loans and loan guarantees provided 
     by the United States Agency for International Development, as 
     authorized by sections 256 and 635 of the Foreign Assistance 
     Act of 1961, up to $25,000,000 may be derived by transfer 
     from funds appropriated by this Act to carry out part I of 
     such Act and under the heading ``Assistance for Europe, 
     Eurasia and Central Asia'': Provided, That funds provided 
     under this paragraph and funds provided as a gift pursuant to 
     section 635(d) of the Foreign Assistance Act of 1961 shall be 
     made available only for micro and small enterprise programs, 
     urban programs, and other programs which further the purposes 
     of part I of such Act: Provided further, That such costs, 
     including the cost of modifying such direct and guaranteed 
     loans, shall be as defined in section 502 of the 
     Congressional Budget Act of 1974, as amended: Provided 
     further, That funds made available by this paragraph may be 
     used for the cost of modifying any such guaranteed loans 
     under this Act or prior Acts, and funds used for such costs 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations: Provided further, That the 
     provisions of section 107A(d) (relating to general provisions 
     applicable to the Development Credit Authority) of the 
     Foreign Assistance Act of 1961, as contained in section 306 
     of H.R. 1486 as reported by the House Committee on 
     International Relations on May 9, 1997, shall be applicable 
     to direct loans and loan guarantees provided under this 
     heading: Provided further, That these funds are available to 
     subsidize total loan principal, any portion of which is to be 
     guaranteed, of up to $700,000,000.
       In addition, for administrative expenses to carry out 
     credit programs administered by the United States Agency for 
     International Development, $8,000,000, which may be 
     transferred to, and merged with, funds made available under 
     the heading ``Operating Expenses'' in title II of this Act: 
     Provided, That funds made available under this heading shall 
     remain available until September 30, 2011.

                         economic support fund

                     (including transfer of funds)

       For necessary expenses to carry out the provisions of 
     chapter 4 of part II of the Foreign Assistance Act of 1961, 
     $3,007,000,000, to remain available until September 30, 2010: 
     Provided, That of the funds appropriated under this heading, 
     $200,000,000 shall be available only for Egypt, which sum 
     shall be provided on a grant basis, and of which sum cash 
     transfer assistance shall be provided with the understanding 
     that Egypt will undertake significant economic and democratic 
     reforms which are additional to those which were undertaken 
     in previous fiscal years: Provided further, That of the funds 
     appropriated under this heading for assistance for Egypt, up 
     to $20,000,000 shall be made available for democracy, human 
     rights and governance programs, and not less than $35,000,000 
     shall be made available for education programs, of which not 
     less than $10,000,000 is for scholarships for Egyptian 
     students with high financial need: Provided further, That 
     $11,000,000 of the funds appropriated under this heading 
     should be made available for Cyprus to be used only for 
     scholarships, administrative support of the scholarship 
     program, bicommunal projects, and measures aimed at 
     reunification of the island and designed to reduce tensions 
     and promote peace and cooperation between the two communities 
     on Cyprus: Provided further, That of the funds appropriated 
     under this heading, not less than $263,547,000 shall be made 
     available for assistance for Jordan: Provided further, That 
     of the funds appropriated under this heading not more than 
     $75,000,000 may be made available for assistance for the West 
     Bank and Gaza, of which not to exceed $2,000,000 may be used 
     for administrative expenses of the United States Agency for 
     International Development (USAID), in addition to funds 
     otherwise available for such purposes, to carry out programs 
     in the West Bank and Gaza: Provided further, That $67,500,000 
     of the funds appropriated under this heading shall be made 
     available for assistance for Lebanon, of which not less than 
     $10,000,000 shall be made available for educational 
     scholarships for students in Lebanon with high financial 
     need: Provided further, That $200,000,000 of the funds made 
     available for assistance for Afghanistan under this heading 
     may be obligated for such assistance only after the Secretary 
     of State certifies to the Committees on Appropriations that 
     the Government of Afghanistan at both the national and 
     provincial level is cooperating fully with United States-
     funded poppy eradication and interdiction efforts in 
     Afghanistan: Provided further, That the President may waive 
     the previous proviso if the President determines and reports 
     to the Committees on Appropriations that to do so is in the 
     national security interests of the United States: Provided 
     further, That of the funds appropriated under this heading, 
     $200,000,000 shall be apportioned directly to USAID for 
     alternative development/institution building programs in 
     Colombia: Provided further, That of the funds appropriated 
     under this heading that are available for Colombia, not less 
     than $3,500,000 shall be transferred to, and merged with, 
     funds appropriated under the heading ``Migration and Refugee 
     Assistance'' and shall be made available only for assistance 
     to nongovernmental organizations that provide emergency 
     relief aid to Colombian refugees in neighboring countries.


                             DEMOCRACY FUND

       (a) For necessary expenses to carry out the provisions of 
     the Foreign Assistance Act of 1961 for the promotion of 
     democracy globally, $116,000,000, to remain available until 
     September 30, 2011, of which not less than $74,000,000 shall 
     be made available for the Human Rights and Democracy Fund of 
     the Bureau of Democracy, Human Rights and Labor, Department 
     of State, and not less than $37,000,000 shall be made 
     available for the Office of Democracy and Governance of the 
     Bureau for Democracy, Conflict, and Humanitarian Assistance, 
     United States Agency for International Development.
       (b) Of the funds appropriated under this heading that are 
     made available to the Bureau of Democracy, Human Rights and 
     Labor, not less than $17,000,000 shall be made available for 
     the promotion of democracy in the People's Republic of China, 
     Hong Kong, and Taiwan, and not less than $6,500,000 shall be 
     made available for the promotion of democracy in countries 
     located outside the Middle East region with a significant 
     Muslim population, and where such programs and activities 
     would be important to respond to, deter, or prevent 
     extremism: Provided, That assistance for Taiwan should be 
     matched from sources other than the United States Government.
       (c) Of the funds appropriated under this heading that are 
     made available to the Bureau for Democracy, Conflict, and 
     Humanitarian Assistance, not less than $19,500,000 shall be 
     made available for the Elections and Political Process Fund, 
     $7,500,000 shall be made available for international labor 
     programs, and not less than $10,000,000 shall be made 
     available to provide institutional and core support for 
     organizations that promote human rights, independent media 
     and the rule of law.
       (d) Funds appropriated by this Act that are made available 
     for the promotion of democracy may be made available 
     notwithstanding any other provision of law. Funds 
     appropriated under this heading are in addition to funds 
     otherwise made available for such purposes.
       (e) For the purposes of funds appropriated by this Act, the 
     term ``promotion of democracy'' means programs that support 
     good

[[Page 5698]]

     governance, human rights, independent media, and the rule of 
     law, and otherwise strengthen the capacity of democratic 
     political parties, governments, nongovernmental organizations 
     and institutions, and citizens to support the development of 
     democratic states, institutions, and practices that are 
     responsive and accountable to citizens.
       (f) Any contract, grant, or cooperative agreement (or any 
     amendment to any contract, grant, or cooperative agreement) 
     in excess of $1,000,000 of funds under this heading, and in 
     excess of $2,500,000 under other headings in this Act, for 
     the promotion of democracy, with the exception of programs 
     and activities of the National Endowment for Democracy, shall 
     be subject to the regular notification procedures of the 
     Committees on Appropriations.

                     international fund for ireland

       For necessary expenses to carry out the provisions of 
     chapter 4 of part II of the Foreign Assistance Act of 1961, 
     $15,000,000, which shall be available for the United States 
     contribution to the International Fund for Ireland and shall 
     be made available in accordance with the provisions of the 
     Anglo-Irish Agreement Support Act of 1986 (Public Law 99-
     415): Provided, That such amount shall be expended at the 
     minimum rate necessary to make timely payment for projects 
     and activities: Provided further, That funds made available 
     under this heading shall remain available until September 30, 
     2010.


            ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

       For necessary expenses to carry out the provisions of the 
     Foreign Assistance Act of 1961, the FREEDOM Support Act, and 
     the Support for East European Democracy (SEED) Act of 1989, 
     $650,000,000, to remain available until September 30, 2010, 
     which shall be available, notwithstanding any other provision 
     of law, for assistance and for related programs for countries 
     identified in section 3 of the FREEDOM Support Act and 
     section 3(c) of the SEED Act: Provided, That funds 
     appropriated under this heading shall be considered to be 
     economic assistance under the Foreign Assistance Act of 1961 
     for purposes of making available the administrative 
     authorities contained in that Act for the use of economic 
     assistance: Provided further, That notwithstanding any 
     provision of this or any other Act, funds appropriated in 
     prior years under the headings ``Independent States of the 
     Former Soviet Union'' and similar headings and ``Assistance 
     for Eastern Europe and the Baltic States'' and similar 
     headings, and currencies generated by or converted from such 
     funds, shall be available for use in any country for which 
     funds are made available under this heading without regard to 
     the geographic limitations of the heading under which such 
     funds were originally appropriated: Provided further, That 
     funds made available for the Southern Caucasus region may be 
     used for confidence-building measures and other activities in 
     furtherance of the peaceful resolution of conflicts, 
     including in Nagorno-Karabagh.

                          Department of State


          international narcotics control and law enforcement

       For necessary expenses to carry out section 481 of the 
     Foreign Assistance Act of 1961, $875,000,000, to remain 
     available until September 30, 2010: Provided, That during 
     fiscal year 2009, the Department of State may also use the 
     authority of section 608 of the Foreign Assistance Act of 
     1961, without regard to its restrictions, to receive excess 
     property from an agency of the United States Government for 
     the purpose of providing it to a foreign country or 
     international organization under chapter 8 of part I of that 
     Act subject to the regular notification procedures of the 
     Committees on Appropriations: Provided further, That the 
     Secretary of State shall provide to the Committees on 
     Appropriations not later than 45 days after the date of the 
     enactment of this Act and prior to the initial obligation of 
     funds appropriated under this heading, a report on the 
     proposed uses of all funds under this heading on a country-
     by-country basis for each proposed program, project, or 
     activity: Provided further, That none of the funds 
     appropriated under this heading for assistance for 
     Afghanistan may be made available for eradication programs 
     through the aerial spraying of herbicides unless the 
     Secretary of State determines and reports to the Committees 
     on Appropriations that the President of Afghanistan has 
     requested assistance for such aerial spraying programs for 
     counternarcotics or counterterrorism purposes: Provided 
     further, That in the event the Secretary of State makes a 
     determination pursuant to the previous proviso, the Secretary 
     shall consult with the Committees on Appropriations prior to 
     the obligation of funds for such eradication programs: 
     Provided further, That of the funds appropriated under this 
     heading, $5,000,000 should be made available to combat piracy 
     of United States copyrighted materials, consistent with the 
     requirements of section 688(a) and (b) of the Department of 
     State, Foreign Operations, and Related Programs 
     Appropriations Act, 2008 (division J of Public Law 110-161): 
     Provided further, That none of the funds appropriated under 
     this heading for assistance for Colombia shall be made 
     available for budget support or as cash payments: Provided 
     further, That of the funds appropriated under this heading 
     for administrative expenses, ten percent shall be withheld 
     from obligation until the Secretary of State submits a report 
     to the Committees on Appropriations detailing all salaries 
     funded under this heading in fiscal years 2007 and 2008, and 
     such salaries proposed in fiscal year 2009.


                      andean counterdrug programs

       For necessary expenses to carry out section 481 of the 
     Foreign Assistance Act of 1961 to support counterdrug 
     activities in the Andean region of South America, 
     $315,000,000, to remain available until September 30, 2010: 
     Provided, That the Secretary of State, in consultation with 
     the Administrator of the United States Agency for 
     International Development (USAID), shall provide to the 
     Committees on Appropriations not later than 45 days after the 
     date of the enactment of this Act and prior to the initial 
     obligation of funds appropriated under this heading, a report 
     on the proposed uses of all funds under this heading on a 
     country-by-country basis for each proposed program, project, 
     or activity: Provided further, That section 482(b) of the 
     Foreign Assistance Act of 1961 shall not apply to funds 
     appropriated under this heading: Provided further, That 
     assistance provided with funds appropriated under this 
     heading that is made available notwithstanding section 482(b) 
     of the Foreign Assistance Act of 1961 shall be made available 
     subject to the regular notification procedures of the 
     Committees on Appropriations: Provided further, That funds 
     appropriated under this heading that are made available for 
     assistance for the Bolivian military and police may be made 
     available for such purposes only if the Secretary of State 
     certifies to the Committees on Appropriations that the 
     Bolivian military and police are respecting internationally 
     recognized human rights and cooperating fully with 
     investigations and prosecutions by civilian judicial 
     authorities of military and police personnel who have been 
     credibly alleged to have violated such rights: Provided 
     further, That of the funds appropriated under this heading, 
     not more than $16,730,000 may be available for administrative 
     expenses of the Department of State, and not more than 
     $8,000,000 of the funds made available for alternative 
     development/institution building programs under the heading 
     ``Economic Support Fund'' in this Act may be available, in 
     addition to amounts otherwise available for such purposes, 
     for administrative expenses of USAID.


    nonproliferation, anti-terrorism, demining and related programs

       For necessary expenses for nonproliferation, anti-
     terrorism, demining and related programs and activities, 
     $525,000,000, to carry out the provisions of chapter 8 of 
     part II of the Foreign Assistance Act of 1961 for anti-
     terrorism assistance, chapter 9 of part II of the Foreign 
     Assistance Act of 1961, section 504 of the FREEDOM Support 
     Act, section 23 of the Arms Export Control Act or the Foreign 
     Assistance Act of 1961 for demining activities, the clearance 
     of unexploded ordnance, the destruction of small arms, and 
     related activities, notwithstanding any other provision of 
     law, including activities implemented through nongovernmental 
     and international organizations, and section 301 of the 
     Foreign Assistance Act of 1961 for a voluntary contribution 
     to the International Atomic Energy Agency (IAEA), and for a 
     United States contribution to the Comprehensive Nuclear Test 
     Ban Treaty Preparatory Commission: Provided, That of this 
     amount not to exceed $41,000,000, to remain available until 
     expended, may be made available for the Nonproliferation and 
     Disarmament Fund, notwithstanding any other provision of law, 
     to promote bilateral and multilateral activities relating to 
     nonproliferation and disarmament: Provided further, That such 
     funds may also be used for such countries other than the 
     Independent States of the former Soviet Union and 
     international organizations when it is in the national 
     security interest of the United States to do so: Provided 
     further, That funds appropriated under this heading may be 
     made available for IAEA only if the Secretary of State 
     determines (and so reports to the Congress) that Israel is 
     not being denied its right to participate in the activities 
     of that Agency: Provided further, That of the funds 
     appropriated under this heading, not more than $750,000 may 
     be made available for public-private partnerships for 
     conventional weapons and mine action by grant, cooperative 
     agreement or contract: Provided further, That of the funds 
     made available for demining and related activities, not to 
     exceed $700,000, in addition to funds otherwise available for 
     such purposes, may be used for administrative expenses 
     related to the operation and management of the demining 
     program: Provided further, That funds appropriated under this 
     heading that are available for ``Anti-terrorism Assistance'' 
     and ``Export Control and Border Security'' shall remain 
     available until September 30, 2010.

                    migration and refugee assistance

       For necessary expenses, not otherwise provided for, to 
     enable the Secretary of State to provide, as authorized by 
     law, a contribution to the International Committee of the Red 
     Cross, assistance to refugees, including contributions to the 
     International Organization for Migration and the United 
     Nations High

[[Page 5699]]

     Commissioner for Refugees, and other activities to meet 
     refugee and migration needs; salaries and expenses of 
     personnel and dependents as authorized by the Foreign Service 
     Act of 1980; allowances as authorized by sections 5921 
     through 5925 of title 5, United States Code; purchase and 
     hire of passenger motor vehicles; and services as authorized 
     by section 3109 of title 5, United States Code, $931,000,000, 
     to remain available until expended, of which not less than 
     $30,000,000 shall be made available for refugees resettling 
     in Israel.


     united states emergency refugee and migration assistance fund

       For necessary expenses to carry out the provisions of 
     section 2(c) of the Migration and Refugee Assistance Act of 
     1962, as amended (22 U.S.C. 2601(c)), $40,000,000, to remain 
     available until expended.

                          Independent Agencies


                              peace corps

                     (including transfer of funds)

       For necessary expenses to carry out the provisions of the 
     Peace Corps Act (75 Stat. 612), including the purchase of not 
     to exceed five passenger motor vehicles for administrative 
     purposes for use outside of the United States, $340,000,000 
     to remain available until September 30, 2010: Provided, That 
     none of the funds appropriated under this heading shall be 
     used to pay for abortions: Provided further, That the 
     Director of the Peace Corps may transfer to the Foreign 
     Currency Fluctuations Account, as authorized by 22 U.S.C. 
     2515, an amount not to exceed $4,000,000: Provided further, 
     That funds transferred pursuant to the previous proviso may 
     not be derived from amounts made available for Peace Corps 
     overseas operations: Provided further, That of the funds 
     appropriated under this heading, not to exceed $4,000 shall 
     be made available for entertainment expenses: Provided 
     further, That any decision to open a new domestic office or 
     to close, or significantly reduce the number of personnel of, 
     any office, shall be subject to the regular notification 
     procedures of the Committees on Appropriations.


                    Millennium Challenge Corporation

                     (including transfer of funds)

       For necessary expenses to carry out the provisions of the 
     Millennium Challenge Act of 2003, $875,000,000 to remain 
     available until expended: Provided, That of the funds 
     appropriated under this heading, up to $95,000,000 may be 
     available for administrative expenses of the Millennium 
     Challenge Corporation (the Corporation): Provided further, 
     That up to 10 percent of the funds appropriated under this 
     heading may be made available to carry out the purposes of 
     section 616 of the Millennium Challenge Act of 2003 for 
     candidate countries for fiscal year 2009: Provided further, 
     That none of the funds available to carry out section 616 of 
     such Act may be made available until the Chief Executive 
     Officer of the Corporation provides a report to the 
     Committees on Appropriations listing the candidate countries 
     that will be receiving assistance under section 616 of such 
     Act, the level of assistance proposed for each such country, 
     a description of the proposed programs, projects and 
     activities, and the implementing agency or agencies of the 
     United States Government: Provided further, That section 
     605(e)(4) of the Millennium Challenge Act of 2003 shall apply 
     to funds appropriated under this heading: Provided further, 
     That funds appropriated under this heading may be made 
     available for a Millennium Challenge Compact entered into 
     pursuant to section 609 of the Millennium Challenge Act of 
     2003 only if such Compact obligates, or contains a commitment 
     to obligate subject to the availability of funds and the 
     mutual agreement of the parties to the Compact to proceed, 
     the entire amount of the United States Government funding 
     anticipated for the duration of the Compact: Provided 
     further, That the Corporation should reimburse the United 
     States Agency for International Development (USAID) for all 
     expenses incurred by USAID with funds appropriated under this 
     heading in assisting the Corporation in carrying out the 
     Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.), 
     including administrative costs for compact development, 
     negotiation, and implementation: Provided further, That of 
     the funds appropriated under this heading, not to exceed 
     $100,000 shall be available for representation and 
     entertainment allowances, of which not to exceed $5,000 shall 
     be available for entertainment allowances.


                       Inter-American Foundation

       For necessary expenses to carry out the functions of the 
     Inter-American Foundation in accordance with the provisions 
     of section 401 of the Foreign Assistance Act of 1969, 
     $22,500,000, to remain available until September 30, 2010: 
     Provided, That of the funds appropriated under this heading, 
     not to exceed $3,000 shall be available for entertainment and 
     representation allowances.


                     AFRICAN DEVELOPMENT FOUNDATION

       For necessary expenses to carry out title V of the 
     International Security and Development Cooperation Act of 
     1980 (Public Law 96-533), $32,500,000, to remain available 
     until September 30, 2010: Provided, That funds made available 
     to grantees may be invested pending expenditure for project 
     purposes when authorized by the Board of Directors of the 
     Foundation: Provided further, That interest earned shall be 
     used only for the purposes for which the grant was made: 
     Provided further, That notwithstanding section 505(a)(2) of 
     the African Development Foundation Act, in exceptional 
     circumstances the Board of Directors of the Foundation may 
     waive the $250,000 limitation contained in that section with 
     respect to a project and a project may exceed the limitation 
     by up to $10,000 if the increase is due solely to foreign 
     currency fluctuation: Provided further, That the Foundation 
     shall provide a report to the Committees on Appropriations 
     after each time such waiver authority is exercised.

                       Department of the Treasury


               International Affairs Technical Assistance

       For necessary expenses to carry out the provisions of 
     section 129 of the Foreign Assistance Act of 1961, 
     $25,000,000, to remain available until September 30, 2011, 
     which shall be available notwithstanding any other provision 
     of law.


                           Debt Restructuring

       For the cost, as defined in section 502 of the 
     Congressional Budget Act of 1974, of modifying loans and loan 
     guarantees, as the President may determine, for which funds 
     have been appropriated or otherwise made available for 
     programs within the International Affairs Budget Function 
     150, including the cost of selling, reducing, or canceling 
     amounts owed to the United States as a result of concessional 
     loans made to eligible countries, pursuant to parts IV and V 
     of the Foreign Assistance Act of 1961, of modifying 
     concessional credit agreements with least developed 
     countries, as authorized under section 411 of the 
     Agricultural Trade Development and Assistance Act of 1954, as 
     amended, of concessional loans, guarantees and credit 
     agreements, as authorized under section 572 of the Foreign 
     Operations, Export Financing, and Related Programs 
     Appropriations Act, 1989 (Public Law 100-461), and of 
     canceling amounts owed, as a result of loans or guarantees 
     made pursuant to the Export-Import Bank Act of 1945, by 
     countries that are eligible for debt reduction pursuant to 
     title V of H.R. 3425 as enacted into law by section 
     1000(a)(5) of Public Law 106-113, $60,000,000, to remain 
     available until September 30, 2011: Provided, That not less 
     than $20,000,000 of the funds appropriated under this heading 
     shall be made available to carry out the provisions of part V 
     of the Foreign Assistance Act of 1961: Provided further, That 
     amounts paid to the HIPC Trust Fund may be used only to fund 
     debt reduction under the enhanced HIPC initiative by--
       (1) the Inter-American Development Bank;
       (2) the African Development Fund;
       (3) the African Development Bank; and
       (4) the Central American Bank for Economic Integration:
     Provided further, That funds may not be paid to the HIPC 
     Trust Fund for the benefit of any country if the Secretary of 
     State has credible evidence that the government of such 
     country is engaged in a consistent pattern of gross 
     violations of internationally recognized human rights or in 
     military or civil conflict that undermines its ability to 
     develop and implement measures to alleviate poverty and to 
     devote adequate human and financial resources to that end: 
     Provided further, That on the basis of final appropriations, 
     the Secretary of the Treasury shall consult with the 
     Committees on Appropriations concerning which countries and 
     international financial institutions are expected to benefit 
     from a United States contribution to the HIPC Trust Fund 
     during the fiscal year: Provided further, That the Secretary 
     of the Treasury shall notify the Committees on Appropriations 
     not less than 15 days in advance of the signature of an 
     agreement by the United States to make payments to the HIPC 
     Trust Fund of amounts for such countries and institutions: 
     Provided further, That the Secretary of the Treasury may 
     disburse funds designated for debt reduction through the HIPC 
     Trust Fund only for the benefit of countries that--
       (1) have committed, for a period of 24 months, not to 
     accept new market-rate loans from the international financial 
     institution receiving debt repayment as a result of such 
     disbursement, other than loans made by such institutions to 
     export-oriented commercial projects that generate foreign 
     exchange which are generally referred to as ``enclave'' 
     loans; and
       (2) have documented and demonstrated their commitment to 
     redirect their budgetary resources from international debt 
     repayments to programs to alleviate poverty and promote 
     economic growth that are additional to or expand upon those 
     previously available for such purposes:
     Provided further, That any limitation of subsection (e) of 
     section 411 of the Agricultural Trade Development and 
     Assistance Act of 1954 shall not apply to funds appropriated 
     under this heading: Provided further, That none of the funds 
     made available under this heading in this or any other 
     appropriations Act shall be made available for Sudan or Burma 
     unless the Secretary of the Treasury determines and notifies 
     the Committees on Appropriations that a democratically 
     elected government has taken office.

[[Page 5700]]



                                TITLE IV

                   INTERNATIONAL SECURITY ASSISTANCE

                  Funds Appropriated to the President


                        peacekeeping operations

       For necessary expenses to carry out the provisions of 
     section 551 of the Foreign Assistance Act of 1961, 
     $250,200,000: Provided, That of the funds made available 
     under this heading, not less than $25,000,000 shall be made 
     available for a United States contribution to the 
     Multinational Force and Observers mission in the Sinai: 
     Provided further, That none of the funds appropriated under 
     this heading shall be obligated or expended except as 
     provided through the regular notification procedures of the 
     Committees on Appropriations.


             International Military Education and Training

       For necessary expenses to carry out the provisions of 
     section 541 of the Foreign Assistance Act of 1961, 
     $91,000,000, of which up to $4,000,000 may remain available 
     until expended and may only be provided through the regular 
     notification procedures of the Committees on Appropriations: 
     Provided, That the civilian personnel for whom military 
     education and training may be provided under this heading may 
     include civilians who are not members of a government whose 
     participation would contribute to improved civil-military 
     relations, civilian control of the military, or respect for 
     human rights: Provided further, That funds made available 
     under this heading for assistance for Haiti, Guatemala, the 
     Democratic Republic of the Congo, Nigeria, Sri Lanka, Nepal, 
     Ethiopia, Bangladesh, Libya, and Angola may only be provided 
     through the regular notification procedures of the Committees 
     on Appropriations and any such notification shall include a 
     detailed description of proposed activities: Provided 
     further, That of the funds appropriated under this heading, 
     not to exceed $55,000 shall be available for entertainment 
     allowances.

                   foreign military financing program

       For necessary expenses for grants to enable the President 
     to carry out the provisions of section 23 of the Arms Export 
     Control Act, $4,635,000,000: Provided, That of the funds 
     appropriated under this heading, not less than $2,380,000,000 
     shall be available for grants only for Israel, and not less 
     than $1,300,000,000 shall be made available for grants only 
     for Egypt, including for border security programs and 
     activities in the Sinai: Provided further, That the funds 
     appropriated by this paragraph for Israel shall be disbursed 
     within 30 days of the enactment of this Act: Provided 
     further, That to the extent that the Government of Israel 
     requests that funds be used for such purposes, grants made 
     available for Israel by this paragraph shall, as agreed by 
     the United States and Israel, be available for advanced 
     weapons systems, of which not less than $670,650,000 shall be 
     available for the procurement in Israel of defense articles 
     and defense services, including research and development: 
     Provided further, That of the funds appropriated by this 
     paragraph, $235,000,000 shall be made available for 
     assistance for Jordan: Provided further, That of the funds 
     appropriated under this heading, not more than $53,000,000 
     shall be available for Colombia, of which $12,500,000 is 
     available to support maritime interdiction: Provided further, 
     That funds appropriated under this heading for assistance for 
     Pakistan may be made available only for border security, 
     counter-terrorism and law enforcement activities directed 
     against Al Qaeda, the Taliban and associated terrorist 
     groups: Provided further, That none of the funds made 
     available under this heading shall be made available to 
     support or continue any program initially funded under the 
     authority of section 1206 of the National Defense 
     Authorization Act for Fiscal Year 2006 (Public Law 109-163; 
     119 Stat. 3456) unless the Secretary of State has previously 
     justified such program to the Committees on Appropriations: 
     Provided further, That funds appropriated or otherwise made 
     available by this paragraph shall be nonrepayable 
     notwithstanding any requirement in section 23 of the Arms 
     Export Control Act: Provided further, That funds made 
     available under this paragraph shall be obligated upon 
     apportionment in accordance with paragraph (5)(C) of title 
     31, United States Code, section 1501(a).
       None of the funds made available under this heading shall 
     be available to finance the procurement of defense articles, 
     defense services, or design and construction services that 
     are not sold by the United States Government under the Arms 
     Export Control Act unless the foreign country proposing to 
     make such procurements has first signed an agreement with the 
     United States Government specifying the conditions under 
     which such procurements may be financed with such funds: 
     Provided, That all country and funding level increases in 
     allocations shall be submitted through the regular 
     notification procedures of section 7015 of this Act: Provided 
     further, That none of the funds appropriated under this 
     heading may be made available for assistance for Nepal, Sri 
     Lanka, Pakistan, Bangladesh, Philippines, Indonesia, Bosnia 
     and Herzegovina, Haiti, Guatemala, Ethiopia, and the 
     Democratic Republic of the Congo except pursuant to the 
     regular notification procedures of the Committees on 
     Appropriations: Provided further, That funds made available 
     under this heading may be used, notwithstanding any other 
     provision of law, for demining, the clearance of unexploded 
     ordnance, and related activities, and may include activities 
     implemented through nongovernmental and international 
     organizations: Provided further, That only those countries 
     for which assistance was justified for the ``Foreign Military 
     Sales Financing Program'' in the fiscal year 1989 
     congressional presentation for security assistance programs 
     may utilize funds made available under this heading for 
     procurement of defense articles, defense services or design 
     and construction services that are not sold by the United 
     States Government under the Arms Export Control Act: Provided 
     further, That funds appropriated under this heading shall be 
     expended at the minimum rate necessary to make timely payment 
     for defense articles and services: Provided further, That not 
     more than $51,420,000 of the funds appropriated under this 
     heading may be obligated for necessary expenses, including 
     the purchase of passenger motor vehicles for replacement only 
     for use outside of the United States, for the general costs 
     of administering military assistance and sales, except that 
     this limitation may be exceeded only through the regular 
     notification procedures of the Committees on Appropriations: 
     Provided further, That of the funds appropriated under this 
     heading for general costs of administering military 
     assistance and sales, not to exceed $4,000 shall be available 
     for entertainment expenses and not to exceed $130,000 shall 
     be available for representation allowances: Provided further, 
     That not more than $470,000,000 of funds realized pursuant to 
     section 21(e)(1)(A) of the Arms Export Control Act may be 
     obligated for expenses incurred by the Department of Defense 
     during fiscal year 2009 pursuant to section 43(b) of the Arms 
     Export Control Act, except that this limitation may be 
     exceeded only through the regular notification procedures of 
     the Committees on Appropriations: Provided further, That 
     funds appropriated under this heading estimated to be 
     outlayed for Egypt during fiscal year 2009 shall be 
     transferred to an interest bearing account for Egypt in the 
     Federal Reserve Bank of New York within 30 days of enactment 
     of this Act.

                                TITLE V

                        MULTILATERAL ASSISTANCE

                  Funds Appropriated to the President


                international organizations and programs

       For necessary expenses to carry out the provisions of 
     section 301 of the Foreign Assistance Act of 1961, and of 
     section 2 of the United Nations Environment Program 
     Participation Act of 1973, $352,500,000: Provided, That 
     section 307(a) of the Foreign Assistance Act of 1961 shall 
     not apply to contributions to the United Nations Democracy 
     Fund.

                  international financial institutions

                      global environment facility

       For the United States contribution for the Global 
     Environment Facility, $80,000,000, to the International Bank 
     for Reconstruction and Development as trustee for the Global 
     Environment Facility, by the Secretary of the Treasury, to 
     remain available until expended.


       contribution to the international development association

       For payment to the International Development Association by 
     the Secretary of the Treasury, $1,115,000,000, to remain 
     available until expended.


Contribution to the Enterprise for the Americas Multilateral Investment 
                                  Fund

       For payment to the Enterprise for the Americas Multilateral 
     Investment Fund by the Secretary of the Treasury, for the 
     United States contribution to the fund, $25,000,000, to 
     remain available until expended.


               contribution to the asian development fund

       For the United States contribution by the Secretary of the 
     Treasury to the increase in resources of the Asian 
     Development Fund, as authorized by the Asian Development Bank 
     Act, as amended, $105,000,000, to remain available until 
     expended.


              contribution to the african development fund

       For the United States contribution by the Secretary of the 
     Treasury to the increase in resources of the African 
     Development Fund, $150,000,000, to remain available until 
     expended.

  contribution to the international fund for agricultural development

       For the United States contribution by the Secretary of the 
     Treasury to increase the resources of the International Fund 
     for Agricultural Development, $18,000,000, to remain 
     available until expended.

                                TITLE VI

                    EXPORT AND INVESTMENT ASSISTANCE

                Export-Import Bank of the United States


                           INSPECTOR GENERAL

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, $2,500,000, to remain available until 
     September 30, 2010.

[[Page 5701]]




                            program account

       The Export-Import Bank of the United States is authorized 
     to make such expenditures within the limits of funds and 
     borrowing authority available to such corporation, and in 
     accordance with law, and to make such contracts and 
     commitments without regard to fiscal year limitations, as 
     provided by section 104 of the Government Corporation Control 
     Act, as may be necessary in carrying out the program for the 
     current fiscal year for such corporation: Provided, That none 
     of the funds available during the current fiscal year may be 
     used to make expenditures, contracts, or commitments for the 
     export of nuclear equipment, fuel, or technology to any 
     country, other than a nuclear-weapon state as defined in 
     Article IX of the Treaty on the Non-Proliferation of Nuclear 
     Weapons eligible to receive economic or military assistance 
     under this Act, that has detonated a nuclear explosive after 
     the date of the enactment of this Act: Provided further, That 
     notwithstanding section 1(c) of Public Law 103-428, as 
     amended, sections 1(a) and (b) of Public Law 103-428 shall 
     remain in effect through October 1, 2009: Provided further, 
     That not less than 10 percent of the aggregate loan, 
     guarantee, and insurance authority available to the Export-
     Import Bank under this Act should be used for renewable 
     energy technologies or energy efficient end-use technologies.

                         subsidy appropriation

       For the cost of direct loans, loan guarantees, insurance, 
     and tied-aid grants as authorized by section 10 of the 
     Export-Import Bank Act of 1945, as amended, not to exceed 
     $41,000,000: Provided, That such costs, including the cost of 
     modifying such loans, shall be as defined in section 502 of 
     the Congressional Budget Act of 1974: Provided further, That 
     such funds shall remain available until September 30, 2024, 
     for the disbursement of direct loans, loan guarantees, 
     insurance and tied-aid grants obligated in fiscal years 2009, 
     2010, 2011, and 2012: Provided further, That none of the 
     funds appropriated by this Act or any prior Acts 
     appropriating funds for the Department of State, foreign 
     operations, and related programs for tied-aid credits or 
     grants may be used for any other purpose except through the 
     regular notification procedures of the Committees on 
     Appropriations: Provided further, That funds appropriated by 
     this paragraph are made available notwithstanding section 
     2(b)(2) of the Export-Import Bank Act of 1945, in connection 
     with the purchase or lease of any product by any Eastern 
     European country, any Baltic State or any agency or national 
     thereof.


                        administrative expenses

       For administrative expenses to carry out the direct and 
     guaranteed loan and insurance programs, including hire of 
     passenger motor vehicles and services as authorized by 5 
     U.S.C. 3109, and not to exceed $30,000 for official reception 
     and representation expenses for members of the Board of 
     Directors, not to exceed $81,500,000: Provided, That the 
     Export-Import Bank may accept, and use, payment or services 
     provided by transaction participants for legal, financial, or 
     technical services in connection with any transaction for 
     which an application for a loan, guarantee or insurance 
     commitment has been made: Provided further, That 
     notwithstanding subsection (b) of section 117 of the Export 
     Enhancement Act of 1992, subsection (a) thereof shall remain 
     in effect until October 1, 2009.

                           receipts collected

       Receipts collected pursuant to the Export-Import Bank Act 
     of 1945, as amended, and the Federal Credit Reform Act of 
     1990, as amended, in an amount not to exceed the amount 
     appropriated herein, shall be credited as offsetting 
     collections to this account: Provided, That the sums herein 
     appropriated from the General Fund shall be reduced on a 
     dollar-for-dollar basis by such offsetting collections so as 
     to result in a final fiscal year appropriation from the 
     General Fund estimated at $0: Provided further, That of 
     amounts collected in fiscal year 2009 in excess of 
     obligations, up to $75,000,000, shall become available on 
     September 1, 2009 and shall remain available until September 
     30, 2012.

                Overseas Private Investment Corporation


                           noncredit account

       The Overseas Private Investment Corporation is authorized 
     to make, without regard to fiscal year limitations, as 
     provided by 31 U.S.C. 9104, such expenditures and commitments 
     within the limits of funds available to it and in accordance 
     with law as may be necessary: Provided, That the amount 
     available for administrative expenses to carry out the credit 
     and insurance programs (including an amount for official 
     reception and representation expenses which shall not exceed 
     $35,000) shall not exceed $50,600,000: Provided further, That 
     project-specific transaction costs, including direct and 
     indirect costs incurred in claims settlements, and other 
     direct costs associated with services provided to specific 
     investors or potential investors pursuant to section 234 of 
     the Foreign Assistance Act of 1961, shall not be considered 
     administrative expenses for the purposes of this heading.


                            program account

       For the cost of direct and guaranteed loans, $29,000,000, 
     as authorized by section 234 of the Foreign Assistance Act of 
     1961, to be derived by transfer from the Overseas Private 
     Investment Corporation Noncredit Account: Provided, That such 
     costs, including the cost of modifying such loans, shall be 
     as defined in section 502 of the Congressional Budget Act of 
     1974: Provided further, That such sums shall be available for 
     direct loan obligations and loan guaranty commitments 
     incurred or made during fiscal years 2009, 2010, and 2011: 
     Provided further, That funds so obligated in fiscal year 2009 
     remain available for disbursement through 2017; funds 
     obligated in fiscal year 2010 remain available for 
     disbursement through 2018; and funds obligated in fiscal year 
     2011 remain available for disbursement through 2019: Provided 
     further, That notwithstanding any other provision of law, the 
     Overseas Private Investment Corporation is authorized to 
     undertake any program authorized by title IV of the Foreign 
     Assistance Act of 1961 in Iraq: Provided further, That funds 
     made available pursuant to the authority of the previous 
     proviso shall be subject to the regular notification 
     procedures of the Committees on Appropriations.
       In addition, such sums as may be necessary for 
     administrative expenses to carry out the credit program may 
     be derived from amounts available for administrative expenses 
     to carry out the credit and insurance programs in the 
     Overseas Private Investment Corporation Noncredit Account and 
     merged with said account.

                  Funds Appropriated to the President


                      trade and development agency

       For necessary expenses to carry out the provisions of 
     section 661 of the Foreign Assistance Act of 1961, 
     $50,800,000, to remain available until September 30, 2010.

                               TITLE VII

                           GENERAL PROVISIONS

                      allowances and differentials

       Sec. 7001. Funds appropriated under title I of this Act 
     shall be available, except as otherwise provided, for 
     allowances and differentials as authorized by subchapter 59 
     of title 5, United States Code; for services as authorized by 
     5 U.S.C. 3109; and for hire of passenger transportation 
     pursuant to 31 U.S.C. 1343(b).


                      unobligated balances report

       Sec. 7002. Any Department or Agency to which funds are 
     appropriated or otherwise made available by this Act shall 
     provide to the Committees on Appropriations a quarterly 
     accounting of cumulative balances by program, project, and 
     activity of the funds received by such Department or Agency 
     in this fiscal year or any previous fiscal year that remain 
     unobligated and unexpended.


                          consulting services

       Sec. 7003. The expenditure of any appropriation under title 
     I of this Act for any consulting service through procurement 
     contract, pursuant to 5 U.S.C. 3109, shall be limited to 
     those contracts where such expenditures are a matter of 
     public record and available for public inspection, except 
     where otherwise provided under existing law, or under 
     existing Executive order issued pursuant to existing law.

                          embassy construction

       Sec. 7004. (a) Of funds provided under title I of this Act, 
     except as provided in subsection (b), a project to construct 
     a diplomatic facility of the United States may not include 
     office space or other accommodations for an employee of a 
     Federal agency or department if the Secretary of State 
     determines that such department or agency has not provided to 
     the Department of State the full amount of funding required 
     by subsection (e) of section 604 of the Secure Embassy 
     Construction and Counterterrorism Act of 1999 (as enacted 
     into law by section 1000(a)(7) of Public Law 106-113 and 
     contained in appendix G of that Act; 113 Stat. 1501A-453), as 
     amended by section 629 of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 2005.
       (b) Notwithstanding the prohibition in subsection (a), a 
     project to construct a diplomatic facility of the United 
     States may include office space or other accommodations for 
     members of the United States Marine Corps.


                           Personnel Actions

       Sec. 7005. Any costs incurred by a department or agency 
     funded under title I of this Act resulting from personnel 
     actions taken in response to funding reductions included in 
     this Act shall be absorbed within the total budgetary 
     resources available under title I to such department or 
     agency: Provided, That the authority to transfer funds 
     between appropriations accounts as may be necessary to carry 
     out this section is provided in addition to authorities 
     included elsewhere in this Act: Provided further, That use of 
     funds to carry out this section shall be treated as a 
     reprogramming of funds under section 7015 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section.


                        CONSULAR AFFAIRS REFORM

       Sec. 7006. Not later than 60 days after the enactment of 
     this Act the Secretary of State shall certify and report to 
     the Committees on Appropriations that the Department of

[[Page 5702]]

     State is implementing recommendations contained in the Office 
     of Inspector General audit ``Review of Controls and 
     Notification for Access to Passport Records in the Department 
     of State's Passport Information Electronic Records System 
     (PIERS)'' (AUD/IP-08-29), July 2008.

        prohibition against direct funding for certain countries

       Sec. 7007. None of the funds appropriated or otherwise made 
     available pursuant to titles III through VI of this Act shall 
     be obligated or expended to finance directly any assistance 
     or reparations for the governments of Cuba, North Korea, 
     Iran, or Syria: Provided, That for purposes of this section, 
     the prohibition on obligations or expenditures shall include 
     direct loans, credits, insurance and guarantees of the 
     Export-Import Bank or its agents.


                             military coups

       Sec. 7008. None of the funds appropriated or otherwise made 
     available pursuant to titles III through VI of this Act shall 
     be obligated or expended to finance directly any assistance 
     to the government of any country whose duly elected head of 
     government is deposed by military coup or decree: Provided, 
     That assistance may be resumed to such government if the 
     President determines and certifies to the Committees on 
     Appropriations that subsequent to the termination of 
     assistance a democratically elected government has taken 
     office: Provided further, That the provisions of this section 
     shall not apply to assistance to promote democratic elections 
     or public participation in democratic processes: Provided 
     further, That funds made available pursuant to the previous 
     provisos shall be subject to the regular notification 
     procedures of the Committees on Appropriations.


                           transfer authority

       Sec. 7009. (a) Department of State and Broadcasting Board 
     of Governors.--Not to exceed 5 percent of any appropriation 
     made available for the current fiscal year for the Department 
     of State under title I of this Act may be transferred between 
     such appropriations, but no such appropriation, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by any such transfers: Provided, That not to 
     exceed 5 percent of any appropriation made available for the 
     current fiscal year for the Broadcasting Board of Governors 
     under title I of this Act may be transferred between such 
     appropriations, but no such appropriation, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by any such transfers: Provided further, That 
     any transfer pursuant to this section shall be treated as a 
     reprogramming of funds under section 7015(a) and (b) of this 
     Act and shall not be available for obligation or expenditure 
     except in compliance with the procedures set forth in that 
     section.
       (b) Export Financing Transfer Authorities.--Not to exceed 5 
     percent of any appropriation other than for administrative 
     expenses made available for fiscal year 2009, for programs 
     under title VI of this Act may be transferred between such 
     appropriations for use for any of the purposes, programs, and 
     activities for which the funds in such receiving account may 
     be used, but no such appropriation, except as otherwise 
     specifically provided, shall be increased by more than 25 
     percent by any such transfer: Provided, That the exercise of 
     such authority shall be subject to the regular notification 
     procedures of the Committees on Appropriations.
       (c)(1) Limitation on Transfers Between Agencies.--None of 
     the funds made available under titles II through V of this 
     Act may be transferred to any department, agency, or 
     instrumentality of the United States Government, except 
     pursuant to a transfer made by, or transfer authority 
     provided in, this Act or any other appropriation Act.
       (2) Notwithstanding paragraph (1), in addition to transfers 
     made by, or authorized elsewhere in, this Act, funds 
     appropriated by this Act to carry out the purposes of the 
     Foreign Assistance Act of 1961 may be allocated or 
     transferred to agencies of the United States Government 
     pursuant to the provisions of sections 109, 610, and 632 of 
     the Foreign Assistance Act of 1961.
       (d) Transfers Between Accounts.--None of the funds made 
     available under titles II through V of this Act may be 
     obligated under an appropriation account to which they were 
     not appropriated, except for transfers specifically provided 
     for in this Act, unless the President provides notification 
     in accordance with the regular notification procedures of the 
     Committees on Appropriations.
       (e) Audit of Inter-Agency Transfers.--Any agreement for the 
     transfer or allocation of funds appropriated by this Act, or 
     prior Acts, entered into between the United States Agency for 
     International Development and another agency of the United 
     States Government under the authority of section 632(a) of 
     the Foreign Assistance Act of 1961 or any comparable 
     provision of law, shall expressly provide that the Office of 
     the Inspector General for the agency receiving the transfer 
     or allocation of such funds shall perform periodic program 
     and financial audits of the use of such funds: Provided, That 
     funds transferred under such authority may be made available 
     for the cost of such audits.


                         reporting requirement

       Sec. 7010. The Secretary of State shall provide the 
     Committees on Appropriations, not later than April 1, 2009, 
     and for each fiscal quarter, a report in writing on the uses 
     of funds made available under the headings ``Foreign Military 
     Financing Program'', ``International Military Education and 
     Training'', and ``Peacekeeping Operations'': Provided, That 
     such report shall include a description of the obligation and 
     expenditure of funds, and the specific country in receipt of, 
     and the use or purpose of the assistance provided by such 
     funds.


                         availability of funds

       Sec. 7011. No part of any appropriation contained in this 
     Act shall remain available for obligation after the 
     expiration of the current fiscal year unless expressly so 
     provided in this Act: Provided, That funds appropriated for 
     the purposes of chapters 1, 8, 11, and 12 of part I, section 
     661, section 667, chapters 4, 5, 6, 8, and 9 of part II of 
     the Foreign Assistance Act of 1961, section 23 of the Arms 
     Export Control Act, and funds provided under the headings 
     ``Assistance for Europe, Eurasia and Central Asia'' and 
     ``Development Credit Authority'', shall remain available for 
     an additional 4 years from the date on which the availability 
     of such funds would otherwise have expired, if such funds are 
     initially obligated before the expiration of their respective 
     periods of availability contained in this Act: Provided 
     further, That, notwithstanding any other provision of this 
     Act, any funds made available for the purposes of chapter 1 
     of part I and chapter 4 of part II of the Foreign Assistance 
     Act of 1961 which are allocated or obligated for cash 
     disbursements in order to address balance of payments or 
     economic policy reform objectives, shall remain available 
     until expended.


            limitation on assistance to countries in default

       Sec. 7012. No part of any appropriation provided under 
     titles III through VI in this Act shall be used to furnish 
     assistance to the government of any country which is in 
     default during a period in excess of one calendar year in 
     payment to the United States of principal or interest on any 
     loan made to the government of such country by the United 
     States pursuant to a program for which funds are appropriated 
     under this Act unless the President determines, following 
     consultations with the Committees on Appropriations, that 
     assistance to such country is in the national interest of the 
     United States.


          prohibition on taxation of united states assistance

       Sec. 7013. (a) Prohibition on Taxation.--None of the funds 
     appropriated under titles III through VI of this Act may be 
     made available to provide assistance for a foreign country 
     under a new bilateral agreement governing the terms and 
     conditions under which such assistance is to be provided 
     unless such agreement includes a provision stating that 
     assistance provided by the United States shall be exempt from 
     taxation, or reimbursed, by the foreign government, and the 
     Secretary of State shall expeditiously seek to negotiate 
     amendments to existing bilateral agreements, as necessary, to 
     conform with this requirement.
       (b) Reimbursement of Foreign Taxes.--An amount equivalent 
     to 200 percent of the total taxes assessed during fiscal year 
     2009 on funds appropriated by this Act by a foreign 
     government or entity against commodities financed under 
     United States assistance programs for which funds are 
     appropriated by this Act, either directly or through 
     grantees, contractors and subcontractors shall be withheld 
     from obligation from funds appropriated for assistance for 
     fiscal year 2010 and allocated for the central government of 
     such country and for the West Bank and Gaza program to the 
     extent that the Secretary of State certifies and reports in 
     writing to the Committees on Appropriations that such taxes 
     have not been reimbursed to the Government of the United 
     States.
       (c) De Minimis Exception.--Foreign taxes of a de minimis 
     nature shall not be subject to the provisions of subsection 
     (b).
       (d) Reprogramming of Funds.--Funds withheld from obligation 
     for each country or entity pursuant to subsection (b) shall 
     be reprogrammed for assistance to countries which do not 
     assess taxes on United States assistance or which have an 
     effective arrangement that is providing substantial 
     reimbursement of such taxes.
       (e) Determinations.--
       (1) The provisions of this section shall not apply to any 
     country or entity the Secretary of State determines--
       (A) does not assess taxes on United States assistance or 
     which has an effective arrangement that is providing 
     substantial reimbursement of such taxes; or
       (B) the foreign policy interests of the United States 
     outweigh the purpose of this section to ensure that United 
     States assistance is not subject to taxation.
       (2) The Secretary of State shall consult with the 
     Committees on Appropriations at least 15 days prior to 
     exercising the authority of this subsection with regard to 
     any country or entity.
       (f) Implementation.--The Secretary of State shall issue 
     rules, regulations, or policy guidance, as appropriate, to 
     implement the prohibition against the taxation of assistance 
     contained in this section.

[[Page 5703]]

       (g) Definitions.--As used in this section--
       (1) the terms ``taxes'' and ``taxation'' refer to value 
     added taxes and customs duties imposed on commodities 
     financed with United States assistance for programs for which 
     funds are appropriated by this Act; and
       (2) the term ``bilateral agreement'' refers to a framework 
     bilateral agreement between the Government of the United 
     States and the government of the country receiving assistance 
     that describes the privileges and immunities applicable to 
     United States foreign assistance for such country generally, 
     or an individual agreement between the Government of the 
     United States and such government that describes, among other 
     things, the treatment for tax purposes that will be accorded 
     the United States assistance provided under that agreement.

                         reservations of funds

       Sec. 7014. (a) Funds appropriated under titles II through 
     VI of this Act which are specifically designated may be 
     reprogrammed for other programs within the same account 
     notwithstanding the designation if compliance with the 
     designation is made impossible by operation of any provision 
     of this or any other Act: Provided, That any such 
     reprogramming shall be subject to the regular notification 
     procedures of the Committees on Appropriations: Provided 
     further, That assistance that is reprogrammed pursuant to 
     this subsection shall be made available under the same terms 
     and conditions as originally provided.
       (b) In addition to the authority contained in subsection 
     (a), the original period of availability of funds 
     appropriated by this Act and administered by the United 
     States Agency for International Development that are 
     specifically designated for particular programs or activities 
     by this or any other Act shall be extended for an additional 
     fiscal year if the Administrator of such agency determines 
     and reports promptly to the Committees on Appropriations that 
     the termination of assistance to a country or a significant 
     change in circumstances makes it unlikely that such 
     designated funds can be obligated during the original period 
     of availability: Provided, That such designated funds that 
     continue to be available for an additional fiscal year shall 
     be obligated only for the purpose of such designation.
       (c) Ceilings and specifically designated funding levels 
     contained in this Act shall not be applicable to funds or 
     authorities appropriated or otherwise made available by any 
     subsequent Act unless such Act specifically so directs: 
     Provided, That specifically designated funding levels or 
     minimum funding requirements contained in any other Act shall 
     not be applicable to funds appropriated by this Act.


                reprogramming notification requirements

       Sec. 7015. (a) None of the funds made available in title I 
     of this Act, or in prior appropriations Acts to the agencies 
     and departments funded by this Act that remain available for 
     obligation or expenditure in fiscal year 2009, or provided 
     from any accounts in the Treasury of the United States 
     derived by the collection of fees or of currency reflows or 
     other offsetting collections, or made available by transfer, 
     to the agencies and departments funded by this Act, shall be 
     available for obligation or expenditure through a 
     reprogramming of funds that: (1) creates new programs; (2) 
     eliminates a program, project, or activity; (3) increases 
     funds or personnel by any means for any project or activity 
     for which funds have been denied or restricted; (4) relocates 
     an office or employees; (5) closes or opens a mission or 
     post; (6) reorganizes or renames offices; (7) reorganizes 
     programs or activities; or (8) contracts out or privatizes 
     any functions or activities presently performed by Federal 
     employees; unless the Committees on Appropriations are 
     notified 15 days in advance of such reprogramming of funds.
       (b) For the purposes of providing the executive branch with 
     the necessary administrative flexibility, none of the funds 
     provided under title I of this Act, or provided under 
     previous appropriations Acts to the agency or department 
     funded under title I of this Act that remain available for 
     obligation or expenditure in fiscal year 2009, or provided 
     from any accounts in the Treasury of the United States 
     derived by the collection of fees available to the agency or 
     department funded by title I of this Act, shall be available 
     for obligation or expenditure for activities, programs, or 
     projects through a reprogramming of funds in excess of 
     $750,000 or 10 percent, whichever is less, that: (1) augments 
     existing programs, projects, or activities; (2) reduces by 10 
     percent funding for any existing program, project, or 
     activity, or numbers of personnel by 10 percent as approved 
     by Congress; or (3) results from any general savings, 
     including savings from a reduction in personnel, which would 
     result in a change in existing programs, activities, or 
     projects as approved by Congress; unless the Committees on 
     Appropriations are notified 15 days in advance of such 
     reprogramming of funds.
       (c) For the purposes of providing the executive branch with 
     the necessary administrative flexibility, none of the funds 
     made available under titles II through V in this Act under 
     the headings ``Global Health and Child Survival'', 
     ``Development Assistance'', ``International Organizations and 
     Programs'', ``Trade and Development Agency'', ``International 
     Narcotics Control and Law Enforcement'', ``Andean Counterdrug 
     Programs'', ``Assistance for Europe, Eurasia and Central 
     Asia'', ``Economic Support Fund'', ``Democracy Fund'', 
     ``Peacekeeping Operations'', ``Capital Investment Fund'', 
     ``Operating Expenses'', ``Office of Inspector General'', 
     ``Nonproliferation, Anti-terrorism, Demining and Related 
     Programs'', ``Millennium Challenge Corporation'', ``Foreign 
     Military Financing Program'', ``International Military 
     Education and Training'', ``Peace Corps'', and ``Migration 
     and Refugee Assistance'', shall be available for obligation 
     for activities, programs, projects, type of materiel 
     assistance, countries, or other operations not justified or 
     in excess of the amount justified to the Committees on 
     Appropriations for obligation under any of these specific 
     headings unless the Committees on Appropriations are 
     previously notified 15 days in advance: Provided, That the 
     President shall not enter into any commitment of funds 
     appropriated for the purposes of section 23 of the Arms 
     Export Control Act for the provision of major defense 
     equipment, other than conventional ammunition, or other major 
     defense items defined to be aircraft, ships, missiles, or 
     combat vehicles, not previously justified to Congress or 20 
     percent in excess of the quantities justified to Congress 
     unless the Committees on Appropriations are notified 15 days 
     in advance of such commitment: Provided further, That this 
     subsection shall not apply to any reprogramming for an 
     activity, program, or project for which funds are 
     appropriated under titles II through IV of this Act of less 
     than 10 percent of the amount previously justified to the 
     Congress for obligation for such activity, program, or 
     project for the current fiscal year.
       (d) Notwithstanding any other provision of law, funds 
     transferred by the Department of Defense to the Department of 
     State and the United States Agency for International 
     Development, and funds made available for programs authorized 
     by section 1206 of the National Defense Authorization Act for 
     Fiscal Year 2006 (Public Law 109-163), shall be subject to 
     the regular notification procedures of the Committees on 
     Appropriations, and the agency receiving the transfer or 
     allocation shall perform periodic program financial audits of 
     the use of such funds and such funds may be made available 
     for the cost of such audits.
       (e) The requirements of this section or any similar 
     provision of this Act or any other Act, including any prior 
     Act requiring notification in accordance with the regular 
     notification procedures of the Committees on Appropriations, 
     may be waived if failure to do so would pose a substantial 
     risk to human health or welfare: Provided, That in case of 
     any such waiver, notification to the Congress, or the 
     appropriate congressional committees, shall be provided as 
     early as practicable, but in no event later than 3 days after 
     taking the action to which such notification requirement was 
     applicable, in the context of the circumstances necessitating 
     such waiver: Provided further, That any notification provided 
     pursuant to such a waiver shall contain an explanation of the 
     emergency circumstances.
       (f) None of the funds appropriated under titles III through 
     VI of this Act shall be obligated or expended for assistance 
     for Serbia, Sudan, Zimbabwe, Pakistan, Dominican Republic, 
     Cuba, Iran, Haiti, Libya, Ethiopia, Nepal, Mexico, or 
     Cambodia and countries listed in section 7045(f)(4) of this 
     Act except as provided through the regular notification 
     procedures of the Committees on Appropriations.


                notification on excess defense equipment

       Sec. 7016. Prior to providing excess Department of Defense 
     articles in accordance with section 516(a) of the Foreign 
     Assistance Act of 1961, the Department of Defense shall 
     notify the Committees on Appropriations to the same extent 
     and under the same conditions as other committees pursuant to 
     subsection (f) of that section: Provided, That before issuing 
     a letter of offer to sell excess defense articles under the 
     Arms Export Control Act, the Department of Defense shall 
     notify the Committees on Appropriations in accordance with 
     the regular notification procedures of such Committees if 
     such defense articles are significant military equipment (as 
     defined in section 47(9) of the Arms Export Control Act) or 
     are valued (in terms of original acquisition cost) at 
     $7,000,000 or more, or if notification is required elsewhere 
     in this Act for the use of appropriated funds for specific 
     countries that would receive such excess defense articles: 
     Provided further, That such Committees shall also be informed 
     of the original acquisition cost of such defense articles.

limitation on availability of funds for international organizations and 
                                programs

       Sec. 7017. Subject to the regular notification procedures 
     of the Committees on Appropriations, funds appropriated under 
     titles III through VI of this Act or any previously enacted 
     Act making appropriations for the Department of State, 
     foreign operations, and related programs, which are returned 
     or not made available for organizations and programs because 
     of the implementation of section 307(a) of the Foreign 
     Assistance Act of

[[Page 5704]]

     1961, shall remain available for obligation until September 
     30, 2010.

   prohibition on funding for abortions and involuntary sterilization

       Sec. 7018. None of the funds made available to carry out 
     part I of the Foreign Assistance Act of 1961, as amended, may 
     be used to pay for the performance of abortions as a method 
     of family planning or to motivate or coerce any person to 
     practice abortions. None of the funds made available to carry 
     out part I of the Foreign Assistance Act of 1961, as amended, 
     may be used to pay for the performance of involuntary 
     sterilization as a method of family planning or to coerce or 
     provide any financial incentive to any person to undergo 
     sterilizations. None of the funds made available to carry out 
     part I of the Foreign Assistance Act of 1961, as amended, may 
     be used to pay for any biomedical research which relates in 
     whole or in part, to methods of, or the performance of, 
     abortions or involuntary sterilization as a means of family 
     planning. None of the funds made available to carry out part 
     I of the Foreign Assistance Act of 1961, as amended, may be 
     obligated or expended for any country or organization if the 
     President certifies that the use of these funds by any such 
     country or organization would violate any of the above 
     provisions related to abortions and involuntary 
     sterilizations.


                              allocations

       Sec. 7019. (a) Funds provided in this Act for the following 
     accounts shall be made available for programs and countries 
     in the amounts contained in the respective tables included in 
     the explanatory statement described in section 4 (in the 
     matter preceding division A of this consolidated Act):
       ``Educational and Cultural Exchange Programs''.
       ``International Fisheries Commissions''.
       ``International Broadcasting Operations''.
       ``Global Health and Child Survival''.
       ``Development Assistance''.
       ``Economic Support Fund''.
       ``Assistance for Europe, Eurasia and Central Asia''.
       ``Andean Counterdrug Programs''.
       ``Nonproliferation, Anti-terrorism, Demining and Related 
     Programs''.
       ``Foreign Military Financing Program''.
       ``International Organizations and Programs''.
       (b) For the purposes of implementing this section and only 
     with respect to the tables included in the explanatory 
     statement described in section 4 (in the matter preceding 
     division A of this consolidated Act), the Secretary of State, 
     Administrator of the United States Agency for International 
     Development and the Broadcasting Board of Governors, as 
     appropriate, may propose deviations to the amounts referenced 
     in subsection (a), subject to the regular notification 
     procedures of the Committees on Appropriations and section 
     634A of the Foreign Assistance Act of 1961.
       (c) The requirements contained in subsection (a) shall 
     apply to the table under the headings ``Bilateral Economic 
     Assistance'' and ``General Provisions'' in such explanatory 
     statement.


               prohibition of payment of certain expenses

       Sec. 7020. None of the funds appropriated or otherwise made 
     available by this Act under the headings ``International 
     Military Education and Training'' or ``Foreign Military 
     Financing Program'' for Informational Program activities or 
     under the headings ``Global Health and Child Survival'', 
     ``Development Assistance'', and ``Economic Support Fund'' may 
     be obligated or expended to pay for--
       (1) alcoholic beverages; or
       (2) entertainment expenses for activities that are 
     substantially of a recreational character, including but not 
     limited to entrance fees at sporting events, theatrical and 
     musical productions, and amusement parks.

  prohibition on assistance to foreign governments that export lethal 
   military equipment to countries supporting international terrorism

       Sec. 7021. (a) None of the funds appropriated or otherwise 
     made available by titles III through VI of this Act may be 
     available to any foreign government which provides lethal 
     military equipment to a country the government of which the 
     Secretary of State has determined is a government that 
     supports international terrorism for purposes of section 6(j) 
     of the Export Administration Act of 1979. The prohibition 
     under this section with respect to a foreign government shall 
     terminate 12 months after that government ceases to provide 
     such military equipment. This section applies with respect to 
     lethal military equipment provided under a contract entered 
     into after October 1, 1997.
       (b) Assistance restricted by subsection (a) or any other 
     similar provision of law, may be furnished if the President 
     determines that furnishing such assistance is important to 
     the national interests of the United States.
       (c) Whenever the President makes a determination pursuant 
     to subsection (b), the President shall submit to the 
     appropriate congressional committees a report with respect to 
     the furnishing of such assistance. Any such report shall 
     include a detailed explanation of the assistance to be 
     provided, including the estimated dollar amount of such 
     assistance, and an explanation of how the assistance furthers 
     United States national interests.


       prohibition on bilateral assistance to terrorist countries

       Sec. 7022. (a) Funds appropriated for bilateral assistance 
     under any heading in titles III through VI of this Act and 
     funds appropriated under any such heading in a provision of 
     law enacted prior to the enactment of this Act, shall not be 
     made available to any country which the President 
     determines--
       (1) grants sanctuary from prosecution to any individual or 
     group which has committed an act of international terrorism; 
     or
       (2) otherwise supports international terrorism.
       (b) The President may waive the application of subsection 
     (a) to a country if the President determines that national 
     security or humanitarian reasons justify such waiver. The 
     President shall publish each waiver in the Federal Register 
     and, at least 15 days before the waiver takes effect, shall 
     notify the Committees on Appropriations of the waiver 
     (including the justification for the waiver) in accordance 
     with the regular notification procedures of the Committees on 
     Appropriations.

                       authorization requirements

       Sec. 7023. Funds appropriated by this Act, except funds 
     appropriated under the heading ``Trade and Development 
     Agency'', may be obligated and expended notwithstanding 
     section 10 of Public Law 91-672, section 15 of the State 
     Department Basic Authorities Act of 1956, section 313 of the 
     Foreign Relations Authorization Act, Fiscal Years 1994 and 
     1995 (Public Law 103-236), and section 504(a)(1) of the 
     National Security Act of 1947 (50 U.S.C. 414(a)(1)).


              definition of program, project, and activity

       Sec. 7024. For the purpose of titles II through VI of this 
     Act ``program, project, and activity'' shall be defined at 
     the appropriations Act account level and shall include all 
     appropriations and authorizations Acts funding directives, 
     ceilings, and limitations with the exception that for the 
     following accounts: ``Economic Support Fund'' and ``Foreign 
     Military Financing Program'', ``program, project, and 
     activity'' shall also be considered to include country, 
     regional, and central program level funding within each such 
     account; for the development assistance accounts of the 
     United States Agency for International Development ``program, 
     project, and activity'' shall also be considered to include 
     central, country, regional, and program level funding, either 
     as: (1) justified to the Congress; or (2) allocated by the 
     executive branch in accordance with a report, to be provided 
     to the Committees on Appropriations within 30 days of the 
     enactment of this Act, as required by section 653(a) of the 
     Foreign Assistance Act of 1961.


authorities for the peace corps, inter-american foundation and african 
                         development foundation

       Sec. 7025. Unless expressly provided to the contrary, 
     provisions of this or any other Act, including provisions 
     contained in prior Acts authorizing or making appropriations 
     for the Department of State, foreign operations, and related 
     programs, shall not be construed to prohibit activities 
     authorized by or conducted under the Peace Corps Act, the 
     Inter-American Foundation Act or the African Development 
     Foundation Act. The agency shall promptly report to the 
     Committees on Appropriations whenever it is conducting 
     activities or is proposing to conduct activities in a country 
     for which assistance is prohibited.

                commerce, trade and surplus commodities

       Sec. 7026. (a) None of the funds appropriated or made 
     available pursuant to titles III through VI of this Act for 
     direct assistance and none of the funds otherwise made 
     available to the Export-Import Bank and the Overseas Private 
     Investment Corporation shall be obligated or expended to 
     finance any loan, any assistance or any other financial 
     commitments for establishing or expanding production of any 
     commodity for export by any country other than the United 
     States, if the commodity is likely to be in surplus on world 
     markets at the time the resulting productive capacity is 
     expected to become operative and if the assistance will cause 
     substantial injury to United States producers of the same, 
     similar, or competing commodity: Provided, That such 
     prohibition shall not apply to the Export-Import Bank if in 
     the judgment of its Board of Directors the benefits to 
     industry and employment in the United States are likely to 
     outweigh the injury to United States producers of the same, 
     similar, or competing commodity, and the Chairman of the 
     Board so notifies the Committees on Appropriations.
       (b) None of the funds appropriated by this or any other Act 
     to carry out chapter 1 of part I of the Foreign Assistance 
     Act of 1961 shall be available for any testing or breeding 
     feasibility study, variety improvement or introduction, 
     consultancy, publication, conference, or training in 
     connection with the growth or production in a foreign country 
     of an agricultural commodity for export which would compete 
     with a similar commodity grown or produced in the United 
     States: Provided, That this subsection shall not prohibit--

[[Page 5705]]

       (1) activities designed to increase food security in 
     developing countries where such activities will not have a 
     significant impact on the export of agricultural commodities 
     of the United States; or
       (2) research activities intended primarily to benefit 
     American producers.
       (c) The Secretary of the Treasury shall instruct the United 
     States Executive Directors of the International Bank for 
     Reconstruction and Development, the International Development 
     Association, the International Finance Corporation, the 
     Inter-American Development Bank, the International Monetary 
     Fund, the Asian Development Bank, the Inter-American 
     Investment Corporation, the North American Development Bank, 
     the European Bank for Reconstruction and Development, the 
     African Development Bank, and the African Development Fund to 
     use the voice and vote of the United States to oppose any 
     assistance by these institutions, using funds appropriated or 
     made available pursuant to titles III through VI of this Act, 
     for the production or extraction of any commodity or mineral 
     for export, if it is in surplus on world markets and if the 
     assistance will cause substantial injury to United States 
     producers of the same, similar, or competing commodity.


                           separate accounts

       Sec. 7027. (a) Separate Accounts for Local Currencies.--
       (1) If assistance is furnished to the government of a 
     foreign country under chapters 1 and 10 of part I or chapter 
     4 of part II of the Foreign Assistance Act of 1961 under 
     agreements which result in the generation of local currencies 
     of that country, the Administrator of the United States 
     Agency for International Development shall--
       (A) require that local currencies be deposited in a 
     separate account established by that government;
       (B) enter into an agreement with that government which sets 
     forth--
       (i) the amount of the local currencies to be generated; and
       (ii) the terms and conditions under which the currencies so 
     deposited may be utilized, consistent with this section; and
       (C) establish by agreement with that government the 
     responsibilities of the United States Agency for 
     International Development and that government to monitor and 
     account for deposits into and disbursements from the separate 
     account.
       (2) Uses of local currencies.--As may be agreed upon with 
     the foreign government, local currencies deposited in a 
     separate account pursuant to subsection (a), or an equivalent 
     amount of local currencies, shall be used only--
       (A) to carry out chapter 1 or 10 of part I or chapter 4 of 
     part II (as the case may be), for such purposes as--
       (i) project and sector assistance activities; or
       (ii) debt and deficit financing; or
       (B) for the administrative requirements of the United 
     States Government.
       (3) Programming accountability.--The United States Agency 
     for International Development shall take all necessary steps 
     to ensure that the equivalent of the local currencies 
     disbursed pursuant to subsection (a)(2)(A) from the separate 
     account established pursuant to subsection (a)(1) are used 
     for the purposes agreed upon pursuant to subsection (a)(2).
       (4) Termination of assistance programs.--Upon termination 
     of assistance to a country under chapter 1 or 10 of part I or 
     chapter 4 of part II (as the case may be), any unencumbered 
     balances of funds which remain in a separate account 
     established pursuant to subsection (a) shall be disposed of 
     for such purposes as may be agreed to by the government of 
     that country and the United States Government.
       (5) Reporting requirement.--The Administrator of the United 
     States Agency for International Development shall report on 
     an annual basis as part of the justification documents 
     submitted to the Committees on Appropriations on the use of 
     local currencies for the administrative requirements of the 
     United States Government as authorized in subsection 
     (a)(2)(B), and such report shall include the amount of local 
     currency (and United States dollar equivalent) used and/or to 
     be used for such purpose in each applicable country.
       (b) Separate Accounts for Cash Transfers.--
       (1) If assistance is made available to the government of a 
     foreign country, under chapter 1 or 10 of part I or chapter 4 
     of part II of the Foreign Assistance Act of 1961, as cash 
     transfer assistance or as nonproject sector assistance, that 
     country shall be required to maintain such funds in a 
     separate account and not commingle them with any other funds.
       (2) Applicability of other provisions of law.--Such funds 
     may be obligated and expended notwithstanding provisions of 
     law which are inconsistent with the nature of this assistance 
     including provisions which are referenced in the Joint 
     Explanatory Statement of the Committee of Conference 
     accompanying House Joint Resolution 648 (House Report No. 98-
     1159).
       (3) Notification.--At least 15 days prior to obligating any 
     such cash transfer or nonproject sector assistance, the 
     President shall submit a notification through the regular 
     notification procedures of the Committees on Appropriations, 
     which shall include a detailed description of how the funds 
     proposed to be made available will be used, with a discussion 
     of the United States interests that will be served by the 
     assistance (including, as appropriate, a description of the 
     economic policy reforms that will be promoted by such 
     assistance).
       (4) Exemption.--Nonproject sector assistance funds may be 
     exempt from the requirements of subsection (b)(1) only 
     through the notification procedures of the Committees on 
     Appropriations.


                       eligibility for assistance

       Sec. 7028. (a) Assistance Through Nongovernmental 
     Organizations.--Restrictions contained in this or any other 
     Act with respect to assistance for a country shall not be 
     construed to restrict assistance in support of programs of 
     nongovernmental organizations from funds appropriated by this 
     Act to carry out the provisions of chapters 1, 10, 11, and 12 
     of part I and chapter 4 of part II of the Foreign Assistance 
     Act of 1961, and from funds appropriated under the heading 
     ``Assistance for Europe, Eurasia and Central Asia'': 
     Provided, That before using the authority of this subsection 
     to furnish assistance in support of programs of 
     nongovernmental organizations, the President shall notify the 
     Committees on Appropriations under the regular notification 
     procedures of those committees, including a description of 
     the program to be assisted, the assistance to be provided, 
     and the reasons for furnishing such assistance: Provided 
     further, That nothing in this subsection shall be construed 
     to alter any existing statutory prohibitions against abortion 
     or involuntary sterilizations contained in this or any other 
     Act.
       (b) Public Law 480.--During fiscal year 2009, restrictions 
     contained in this or any other Act with respect to assistance 
     for a country shall not be construed to restrict assistance 
     under the Agricultural Trade Development and Assistance Act 
     of 1954: Provided, That none of the funds appropriated to 
     carry out title I of such Act and made available pursuant to 
     this subsection may be obligated or expended except as 
     provided through the regular notification procedures of the 
     Committees on Appropriations.
       (c) Exception.--This section shall not apply--
       (1) with respect to section 620A of the Foreign Assistance 
     Act of 1961 or any comparable provision of law prohibiting 
     assistance to countries that support international terrorism; 
     or
       (2) with respect to section 116 of the Foreign Assistance 
     Act of 1961 or any comparable provision of law prohibiting 
     assistance to the government of a country that violates 
     internationally recognized human rights.

                  impact on jobs in the united states

       Sec. 7029. None of the funds appropriated under titles III 
     through VI of this Act may be obligated or expended to 
     provide--
       (1) any financial incentive to a business enterprise 
     currently located in the United States for the purpose of 
     inducing such an enterprise to relocate outside the United 
     States if such incentive or inducement is likely to reduce 
     the number of employees of such business enterprise in the 
     United States because United States production is being 
     replaced by such enterprise outside the United States; or
       (2) assistance for any program, project, or activity that 
     contributes to the violation of internationally recognized 
     workers rights, as defined in section 507(4) of the Trade Act 
     of 1974, of workers in the recipient country, including any 
     designated zone or area in that country: Provided, That the 
     application of section 507(4)(D) and (E) of such Act should 
     be commensurate with the level of development of the 
     recipient country and sector, and shall not preclude 
     assistance for the informal sector in such country, micro and 
     small-scale enterprise, and smallholder agriculture.

                  international financial institutions

       Sec. 7030. (a) None of the funds appropriated in title V of 
     this Act may be made as payment to any international 
     financial institution while the United States Executive 
     Director to such institution is compensated by the 
     institution at a rate which, together with whatever 
     compensation such Director receives from the United States, 
     is in excess of the rate provided for an individual occupying 
     a position at level IV of the Executive Schedule under 
     section 5315 of title 5, United States Code, or while any 
     alternate United States Director to such institution is 
     compensated by the institution at a rate in excess of the 
     rate provided for an individual occupying a position at level 
     V of the Executive Schedule under section 5316 of title 5, 
     United States Code.
       (b) The Secretary of the Treasury shall instruct the United 
     States Executive Director at each international financial 
     institution to oppose any loan, grant, strategy or policy of 
     these institutions that would require user fees or service 
     charges on poor people for primary education or primary 
     healthcare, including prevention, care and treatment for HIV/
     AIDS, malaria, tuberculosis, and infant, child, and maternal 
     well-being, in connection with the institutions' financing 
     programs.

[[Page 5706]]

       (c) The Secretary of the Treasury shall instruct the United 
     States Executive Director at the International Monetary Fund 
     to use the voice and vote of the United States to oppose any 
     loan, project, agreement, memorandum, instrument, or other 
     program of the International Monetary Fund that would not 
     exempt increased government spending on health care or 
     education from national budget caps or restraints, hiring or 
     wage bill ceilings or other limits imposed by the 
     International Monetary Fund in Heavily Indebted Poor 
     Countries.
       (d) For purposes of this section ``international financial 
     institutions'' are the International Bank for Reconstruction 
     and Development, the Inter-American Development Bank, the 
     Asian Development Bank, the Asian Development Fund, the 
     African Development Bank, the African Development Fund, the 
     International Monetary Fund, the North American Development 
     Bank, and the European Bank for Reconstruction and 
     Development.


                          debt-for-development

       Sec. 7031. In order to enhance the continued participation 
     of nongovernmental organizations in debt-for-development and 
     debt-for-nature exchanges, a nongovernmental organization 
     which is a grantee or contractor of the United States Agency 
     for International Development may place in interest bearing 
     accounts local currencies which accrue to that organization 
     as a result of economic assistance provided under title III 
     of this Act and, subject to the regular notification 
     procedures of the Committees on Appropriations, any interest 
     earned on such investment shall be used for the purpose for 
     which the assistance was provided to that organization.


             Authority to Engage in Debt Buybacks or Sales

       Sec. 7032. (a) Loans Eligible for Sale, Reduction, or 
     Cancellation.--
       (1) Authority to sell, reduce, or cancel certain loans.--
     Notwithstanding any other provision of law, the President 
     may, in accordance with this section, sell to any eligible 
     purchaser any concessional loan or portion thereof made 
     before January 1, 1995, pursuant to the Foreign Assistance 
     Act of 1961, to the government of any eligible country as 
     defined in section 702(6) of that Act or on receipt of 
     payment from an eligible purchaser, reduce or cancel such 
     loan or portion thereof, only for the purpose of 
     facilitating--
       (A) debt-for-equity swaps, debt-for-development swaps, or 
     debt-for-nature swaps; or
       (B) a debt buyback by an eligible country of its own 
     qualified debt, only if the eligible country uses an 
     additional amount of the local currency of the eligible 
     country, equal to not less than 40 percent of the price paid 
     for such debt by such eligible country, or the difference 
     between the price paid for such debt and the face value of 
     such debt, to support activities that link conservation and 
     sustainable use of natural resources with local community 
     development, and child survival and other child development, 
     in a manner consistent with sections 707 through 710 of the 
     Foreign Assistance Act of 1961, if the sale, reduction, or 
     cancellation would not contravene any term or condition of 
     any prior agreement relating to such loan.
       (2) Terms and conditions.--Notwithstanding any other 
     provision of law, the President shall, in accordance with 
     this section, establish the terms and conditions under which 
     loans may be sold, reduced, or canceled pursuant to this 
     section.
       (3) Administration.--The Facility, as defined in section 
     702(8) of the Foreign Assistance Act of 1961, shall notify 
     the administrator of the agency primarily responsible for 
     administering part I of the Foreign Assistance Act of 1961 of 
     purchasers that the President has determined to be eligible, 
     and shall direct such agency to carry out the sale, 
     reduction, or cancellation of a loan pursuant to this 
     section. Such agency shall make adjustment in its accounts to 
     reflect the sale, reduction, or cancellation.
       (4) Limitation.--The authorities of this subsection shall 
     be available only to the extent that appropriations for the 
     cost of the modification, as defined in section 502 of the 
     Congressional Budget Act of 1974, are made in advance.
       (b) Deposit of Proceeds.--The proceeds from the sale, 
     reduction, or cancellation of any loan sold, reduced, or 
     canceled pursuant to this section shall be deposited in the 
     United States Government account or accounts established for 
     the repayment of such loan.
       (c) Eligible Purchasers.--A loan may be sold pursuant to 
     subsection (a)(1)(A) only to a purchaser who presents plans 
     satisfactory to the President for using the loan for the 
     purpose of engaging in debt-for-equity swaps, debt-for-
     development swaps, or debt-for-nature swaps.
       (d) Debtor Consultations.--Before the sale to any eligible 
     purchaser, or any reduction or cancellation pursuant to this 
     section, of any loan made to an eligible country, the 
     President should consult with the country concerning the 
     amount of loans to be sold, reduced, or canceled and their 
     uses for debt-for-equity swaps, debt-for-development swaps, 
     or debt-for-nature swaps.
       (e) Availability of Funds.--The authority provided by 
     subsection (a) may be used only with regard to funds 
     appropriated by this Act under the heading ``Debt 
     Restructuring''.


                  Special Debt Relief for the Poorest

       Sec. 7033. (a) Authority to Reduce Debt.--The President may 
     reduce amounts owed to the United States (or any agency of 
     the United States) by an eligible country as a result of--
       (1) guarantees issued under sections 221 and 222 of the 
     Foreign Assistance Act of 1961;
       (2) credits extended or guarantees issued under the Arms 
     Export Control Act; or
       (3) any obligation or portion of such obligation, to pay 
     for purchases of United States agricultural commodities 
     guaranteed by the Commodity Credit Corporation under export 
     credit guarantee programs authorized pursuant to section 5(f) 
     of the Commodity Credit Corporation Charter Act of June 29, 
     1948, as amended, section 4(b) of the Food for Peace Act of 
     1966, as amended (Public Law 89-808), or section 202 of the 
     Agricultural Trade Act of 1978, as amended (Public Law 95-
     501).
       (b) Limitations.--
       (1) The authority provided by subsection (a) may be 
     exercised only to implement multilateral official debt relief 
     and referendum agreements, commonly referred to as ``Paris 
     Club Agreed Minutes''.
       (2) The authority provided by subsection (a) may be 
     exercised only in such amounts or to such extent as is 
     provided in advance by appropriations Acts.
       (3) The authority provided by subsection (a) may be 
     exercised only with respect to countries with heavy debt 
     burdens that are eligible to borrow from the International 
     Development Association, but not from the International Bank 
     for Reconstruction and Development, commonly referred to as 
     ``IDA-only'' countries.
       (c) Conditions.--The authority provided by subsection (a) 
     may be exercised only with respect to a country whose 
     government--
       (1) does not have an excessive level of military 
     expenditures;
       (2) has not repeatedly provided support for acts of 
     international terrorism;
       (3) is not failing to cooperate on international narcotics 
     control matters;
       (4) (including its military or other security forces) does 
     not engage in a consistent pattern of gross violations of 
     internationally recognized human rights; and
       (5) is not ineligible for assistance because of the 
     application of section 527 of the Foreign Relations 
     Authorization Act, Fiscal Years 1994 and 1995.
       (d) Availability of Funds.--The authority provided by 
     subsection (a) may be used only with regard to the funds 
     appropriated by this Act under the heading ``Debt 
     Restructuring''.
       (e) Certain Prohibitions Inapplicable.--A reduction of debt 
     pursuant to subsection (a) shall not be considered assistance 
     for the purposes of any provision of law limiting assistance 
     to a country. The authority provided by subsection (a) may be 
     exercised notwithstanding section 620(r) of the Foreign 
     Assistance Act of 1961 or section 321 of the International 
     Development and Food Assistance Act of 1975.


                          special authorities

       Sec. 7034. (a) Afghanistan, Iraq, Pakistan, Lebanon, 
     Montenegro, Victims of War, Displaced Children, and Displaced 
     Burmese.--Funds appropriated under titles III through VI of 
     this Act that are made available for assistance for 
     Afghanistan may be made available notwithstanding section 
     7012 of this Act or any similar provision of law and section 
     660 of the Foreign Assistance Act of 1961, and funds 
     appropriated in titles III and VI of this Act that are made 
     available for Iraq, Lebanon, Montenegro, Pakistan, and for 
     victims of war, displaced children, and displaced Burmese, 
     and to assist victims of trafficking in persons and, subject 
     to the regular notification procedures of the Committees on 
     Appropriations, to combat such trafficking, may be made 
     available notwithstanding any other provision of law.
       (b)(1) Waiver.--The President may waive the provisions of 
     section 1003 of Public Law 100-204 if the President 
     determines and certifies in writing to the Speaker of the 
     House of Representatives and the President pro tempore of the 
     Senate that it is important to the national security 
     interests of the United States.
       (2) Period of Application of Waiver.--Any waiver pursuant 
     to paragraph (1) shall be effective for no more than a period 
     of 6 months at a time and shall not apply beyond 12 months 
     after the enactment of this Act.
       (c) Small Business.--In entering into multiple award 
     indefinite-quantity contracts with funds appropriated by this 
     Act, the United States Agency for International Development 
     may provide an exception to the fair opportunity process for 
     placing task orders under such contracts when the order is 
     placed with any category of small or small disadvantaged 
     business.
       (d) Vietnamese Refugees.--Section 594(a) of the Foreign 
     Operations, Export Financing, and Related Programs 
     Appropriations Act, 2005 (enacted as division D of Public Law 
     108-447; 118 Stat. 3038) is amended by striking ``2009'' and 
     inserting ``2010''.
       (e) Reconstituting Civilian Police Authority.--In providing 
     assistance with funds appropriated by this Act under section 
     660(b)(6) of the Foreign Assistance Act of

[[Page 5707]]

     1961, support for a nation emerging from instability may be 
     deemed to mean support for regional, district, municipal, or 
     other sub-national entity emerging from instability, as well 
     as a nation emerging from instability.
       (f) International Prison Conditions.--Funds appropriated by 
     this Act to carry out the provisions of chapters 1 and 11 of 
     part I and chapter 4 of part II of the Foreign Assistance Act 
     of 1961, and the Support for East European Democracy (SEED) 
     Act of 1989, shall be made available for assistance to 
     address inhumane conditions in prisons and other detention 
     facilities administered by foreign governments that the 
     Secretary of State determines are making efforts to address, 
     among other things, prisoners' health, sanitation, nutrition 
     and other basic needs: Provided, That the Secretary of State 
     shall designate a Deputy Assistant Secretary of State in the 
     Bureau of Democracy, Human Rights and Labor to have primary 
     responsibility for diplomatic efforts related to 
     international prison conditions.
       (g) Extension of Authority.--The Foreign Operations, Export 
     Financing, and Related Programs Appropriations Act, 1990 
     (Public Law 101-167) is amended--
       (1) in section 599D (8 U.S.C. 1157 note)--
       (A) in subsection (b)(3), by striking ``and 2008'' and 
     inserting ``2008, and 2009''; and
       (B) in subsection (e), by striking ``2008'' each place it 
     appears and inserting ``2009''; and
       (2) in section 599E (8 U.S.C. 1255 note) in subsection 
     (b)(2), by striking ``2008'' and inserting ``2009''.
       (h) World Food Program.--Of the funds managed by the Bureau 
     for Democracy, Conflict, and Humanitarian Assistance of the 
     United States Agency for International Development, from this 
     or any other Act, not less than $10,000,000 shall be made 
     available as a general contribution to the World Food 
     Program, notwithstanding any other provision of law.
       (i) Library of Congress.--Notwithstanding any other 
     provision of law, of the funds appropriated under the heading 
     ``Embassy Security, Construction, and Maintenance'', not less 
     than $2,000,000 shall be made available for the Capital 
     Security Cost-Sharing fees of the Library of Congress.
       (j) Disarmament, Demobilization and Reintegration.--
     Notwithstanding any other provision of law, regulation or 
     Executive order, funds appropriated by this Act and prior 
     Acts making appropriations for the Department of State, 
     foreign operations, and related programs under the headings 
     ``Economic Support Fund'', ``Peacekeeping Operations'', 
     ``International Disaster Assistance'', and ``Transition 
     Initiatives'' should be made available to support programs to 
     disarm, demobilize, and reintegrate into civilian society 
     former members of foreign terrorist organizations: Provided, 
     That the Secretary of State shall consult with the Committees 
     on Appropriations prior to the obligation of funds pursuant 
     to this subsection: Provided further, That for the purposes 
     of this subsection the term ``foreign terrorist 
     organization'' means an organization designated as a 
     terrorist organization under section 219 of the Immigration 
     and Nationality Act.
       (k) Nongovernmental Organizations.--With respect to the 
     provision of assistance for democracy, human rights and 
     governance activities, the organizations implementing such 
     assistance and the specific nature of that assistance shall 
     not be subject to the prior approval by the government of any 
     foreign country.
       (l) Program for Research and Training on Eastern Europe and 
     the Independent States of the Former Soviet Union.--Of the 
     funds appropriated by this Act under the heading, ``Economic 
     Support Fund'', not less than $5,000,000 shall be made 
     available to carry out the Program for Research and Training 
     on Eastern Europe and the Independent States of the Former 
     Soviet Union (title VIII) as authorized by the Soviet-Eastern 
     European Research and Training Act of 1983 (22 U.S.C. 4501-
     4508, as amended).
       (m) Authority.--Funds appropriated or otherwise made 
     available by title III of the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2008 
     (division J of Public Law 110-161) under the heading 
     ``Economic Support Fund'' that are available for a 
     competitively awarded grant for nuclear security initiatives 
     relating to North Korea shall be made available 
     notwithstanding any other provision of law.
       (n) Middle East Foundation.--Funds appropriated by this Act 
     and prior Acts for a Middle East Foundation shall be subject 
     to the regular notification procedures of the Committees on 
     Appropriations.
       (o) Global Food Security.--Notwithstanding any other 
     provision of law, to include minimum funding requirements or 
     funding directives, funds made available under the headings 
     ``Development Assistance'' and ``Economic Support Fund'' in 
     this Act and prior Acts making appropriations for the 
     Department of State, foreign operations, and related programs 
     may be made available to address critical food shortages, 
     subject to prior consultation with, and the regular 
     notification procedures of, the Committees on Appropriations.

                     arab league boycott of israel

       Sec. 7035. It is the sense of the Congress that--
       (1) the Arab League boycott of Israel, and the secondary 
     boycott of American firms that have commercial ties with 
     Israel, is an impediment to peace in the region and to United 
     States investment and trade in the Middle East and North 
     Africa;
       (2) the Arab League boycott, which was regrettably 
     reinstated in 1997, should be immediately and publicly 
     terminated, and the Central Office for the Boycott of Israel 
     immediately disbanded;
       (3) all Arab League states should normalize relations with 
     their neighbor Israel;
       (4) the President and the Secretary of State should 
     continue to vigorously oppose the Arab League boycott of 
     Israel and find concrete steps to demonstrate that opposition 
     by, for example, taking into consideration the participation 
     of any recipient country in the boycott when determining to 
     sell weapons to said country; and
       (5) the President should report to Congress annually on 
     specific steps being taken by the United States to encourage 
     Arab League states to normalize their relations with Israel 
     to bring about the termination of the Arab League boycott of 
     Israel, including those to encourage allies and trading 
     partners of the United States to enact laws prohibiting 
     businesses from complying with the boycott and penalizing 
     businesses that do comply.

                         palestinian statehood

       Sec. 7036. (a) Limitation on Assistance.--None of the funds 
     appropriated under titles III through VI of this Act may be 
     provided to support a Palestinian state unless the Secretary 
     of State determines and certifies to the appropriate 
     congressional committees that--
       (1) the governing entity of a new Palestinian state--
       (A) has demonstrated a firm commitment to peaceful co-
     existence with the State of Israel;
       (B) is taking appropriate measures to counter terrorism and 
     terrorist financing in the West Bank and Gaza, including the 
     dismantling of terrorist infrastructures, and is cooperating 
     with appropriate Israeli and other appropriate security 
     organizations; and
       (2) the Palestinian Authority (or the governing entity of a 
     new Palestinian state) is working with other countries in the 
     region to vigorously pursue efforts to establish a just, 
     lasting, and comprehensive peace in the Middle East that will 
     enable Israel and an independent Palestinian state to exist 
     within the context of full and normal relationships, which 
     should include--
       (A) termination of all claims or states of belligerency;
       (B) respect for and acknowledgement of the sovereignty, 
     territorial integrity, and political independence of every 
     state in the area through measures including the 
     establishment of demilitarized zones;
       (C) their right to live in peace within secure and 
     recognized boundaries free from threats or acts of force;
       (D) freedom of navigation through international waterways 
     in the area; and
       (E) a framework for achieving a just settlement of the 
     refugee problem.
       (b) Sense of Congress.--It is the sense of Congress that 
     the governing entity should enact a constitution assuring the 
     rule of law, an independent judiciary, and respect for human 
     rights for its citizens, and should enact other laws and 
     regulations assuring transparent and accountable governance.
       (c) Waiver.--The President may waive subsection (a) if he 
     determines that it is important to the national security 
     interests of the United States to do so.
       (d) Exemption.--The restriction in subsection (a) shall not 
     apply to assistance intended to help reform the Palestinian 
     Authority and affiliated institutions, or the governing 
     entity, in order to help meet the requirements of subsection 
     (a), consistent with the provisions of section 7040 of this 
     Act (``Limitation on Assistance to the Palestinian 
     Authority'').


           restrictions concerning the palestinian authority

       Sec. 7037. None of the funds appropriated under titles II 
     through VI of this Act may be obligated or expended to create 
     in any part of Jerusalem a new office of any department or 
     agency of the United States Government for the purpose of 
     conducting official United States Government business with 
     the Palestinian Authority over Gaza and Jericho or any 
     successor Palestinian governing entity provided for in the 
     Israel-PLO Declaration of Principles: Provided, That this 
     restriction shall not apply to the acquisition of additional 
     space for the existing Consulate General in Jerusalem: 
     Provided further, That meetings between officers and 
     employees of the United States and officials of the 
     Palestinian Authority, or any successor Palestinian governing 
     entity provided for in the Israel-PLO Declaration of 
     Principles, for the purpose of conducting official United 
     States Government business with such authority should 
     continue to take place in locations other than Jerusalem. As 
     has been true in the past, officers and employees of the 
     United States Government may continue to meet in Jerusalem on 
     other subjects with Palestinians (including those who now 
     occupy positions in the Palestinian Authority), have social 
     contacts, and have incidental discussions.

[[Page 5708]]




 prohibition on assistance to the palestinian broadcasting corporation

       Sec. 7038. None of the funds appropriated or otherwise made 
     available by this Act may be used to provide equipment, 
     technical support, consulting services, or any other form of 
     assistance to the Palestinian Broadcasting Corporation.


                 assistance for the west bank and gaza

       Sec. 7039. (a) Oversight.--For fiscal year 2009, 30 days 
     prior to the initial obligation of funds for the bilateral 
     West Bank and Gaza Program, the Secretary of State shall 
     certify to the Committees on Appropriations that procedures 
     have been established to assure the Comptroller General of 
     the United States will have access to appropriate United 
     States financial information in order to review the uses of 
     United States assistance for the Program funded under the 
     heading ``Economic Support Fund'' for the West Bank and Gaza.
       (b) Vetting.--Prior to the obligation of funds appropriated 
     by this Act under the heading ``Economic Support Fund'' for 
     assistance for the West Bank and Gaza, the Secretary of State 
     shall take all appropriate steps to ensure that such 
     assistance is not provided to or through any individual, 
     private or government entity, or educational institution that 
     the Secretary knows or has reason to believe advocates, 
     plans, sponsors, engages in, or has engaged in, terrorist 
     activity nor, with respect to private entities or educational 
     institutions, those that have as a principal officer of the 
     entity's governing board or governing board of trustees any 
     individual that has been determined to be involved in, or 
     advocating terrorist activity or determined to be a member of 
     a designated foreign terrorist organization. The Secretary of 
     State shall, as appropriate, establish procedures specifying 
     the steps to be taken in carrying out this subsection and 
     shall terminate assistance to any individual, entity, or 
     educational institution which she has determined to be 
     involved in or advocating terrorist activity.
       (c) Prohibition.--
       (1) None of the funds appropriated under titles III through 
     VI of this Act for assistance under the West Bank and Gaza 
     Program may be made available for the purpose of recognizing 
     or otherwise honoring individuals who commit, or have 
     committed acts of terrorism.
       (2) Notwithstanding any other provision of law, none of the 
     funds made available by this or prior appropriations act, 
     including funds made available by transfer, may be made 
     available for obligation for security assistance for the West 
     Bank and Gaza until the Secretary of State reports to the 
     Committees on Appropriations on the benchmarks that have been 
     established for security assistance for the West Bank and 
     Gaza and reports on the extent of Palestinian compliance with 
     such benchmarks.
       (d) Audits.--
       (1) The Administrator of the United States Agency for 
     International Development shall ensure that Federal or non-
     Federal audits of all contractors and grantees, and 
     significant subcontractors and sub-grantees, under the West 
     Bank and Gaza Program, are conducted at least on an annual 
     basis to ensure, among other things, compliance with this 
     section.
       (2) Of the funds appropriated by this Act up to $500,000 
     may be used by the Office of the Inspector General of the 
     United States Agency for International Development for 
     audits, inspections, and other activities in furtherance of 
     the requirements of this subsection. Such funds are in 
     addition to funds otherwise available for such purposes.
       (e) Subsequent to the certification specified in subsection 
     (a), the Comptroller General of the United States shall 
     conduct an audit and an investigation of the treatment, 
     handling, and uses of all funds for the bilateral West Bank 
     and Gaza Program, including all funds provided as cash 
     transfer assistance, in fiscal year 2009 under the heading 
     ``Economic Support Fund''. The audit shall address--
       (1) the extent to which such Program complies with the 
     requirements of subsections (b) and (c), and
       (2) an examination of all programs, projects, and 
     activities carried out under such Program, including both 
     obligations and expenditures.
       (f) Funds made available in this Act for West Bank and Gaza 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations.
       (g) Not later than 180 days after enactment of this Act, 
     the Secretary of State shall submit a report to the 
     Committees on Appropriations updating the report contained in 
     section 2106 of chapter 2 of title II of Public Law 109-13.


         limitation on assistance for the palestinian authority

       Sec. 7040. (a) Prohibition of Funds.--None of the funds 
     appropriated by this Act to carry out the provisions of 
     chapter 4 of part II of the Foreign Assistance Act of 1961 
     may be obligated or expended with respect to providing funds 
     to the Palestinian Authority.
       (b) Waiver.--The prohibition included in subsection (a) 
     shall not apply if the President certifies in writing to the 
     Speaker of the House of Representatives, the President pro 
     tempore of the Senate, and the Committees on Appropriations 
     that waiving such prohibition is important to the national 
     security interests of the United States.
       (c) Period of Application of Waiver.--Any waiver pursuant 
     to subsection (b) shall be effective for no more than a 
     period of 6 months at a time and shall not apply beyond 12 
     months after the enactment of this Act.
       (d) Report.--Whenever the waiver authority pursuant to 
     subsection (b) is exercised, the President shall submit a 
     report to the Committees on Appropriations detailing the 
     justification for the waiver, the purposes for which the 
     funds will be spent, and the accounting procedures in place 
     to ensure that the funds are properly disbursed. The report 
     shall also detail the steps the Palestinian Authority has 
     taken to arrest terrorists, confiscate weapons and dismantle 
     the terrorist infrastructure.
       (e) Certification.--If the President exercises the waiver 
     authority under subsection (b), the Secretary of State must 
     certify and report to the Committees on Appropriations prior 
     to the obligation of funds that the Palestinian Authority has 
     established a single treasury account for all Palestinian 
     Authority financing and all financing mechanisms flow through 
     this account, no parallel financing mechanisms exist outside 
     of the Palestinian Authority treasury account, and there is a 
     single comprehensive civil service roster and payroll.
       (f) Prohibition.--
       (1) None of the funds appropriated in titles III through VI 
     of this Act may be obligated for salaries of personnel of the 
     Palestinian Authority located in Gaza or may be obligated or 
     expended for assistance to Hamas or any entity effectively 
     controlled by Hamas or any power-sharing government of which 
     Hamas is a member unless the President certifies in writing 
     and reports to the Committees on Appropriations that Hamas 
     has accepted and is complying with the principles contained 
     in section 620K(b)(1)(A) and (B) of the Foreign Assistance 
     Act of 1961, as amended.
       (2) None of the funds appropriated under titles III through 
     VI of this Act may be obligated for assistance for the 
     Palestine Liberation Organization.


                       broadcasting transparency

       Sec. 7041. (a) Of the funds appropriated in this Act under 
     the heading ``International Broadcasting Operations'' for 
     Middle East Broadcasting Networks, 10 percent of the funds 
     shall not be available for obligation until the Broadcasting 
     Board of Governors reports to the Committee on Appropriations 
     on--
       (1) The results of the independent outside evaluation of 
     Alhurra programming to examine its journalistic integrity and 
     adherence to standards and principles of the United States 
     International Broadcasting Act; and
       (2) Whether the directives in the explanatory statement 
     accompanying the Department of State, Foreign Operations, and 
     Related Programs Appropriations Act, 2008 (division J of 
     Public Law 110-161) regarding Alhurra have been implemented 
     and are operational.
       (b) The Office of the Inspector General of the Department 
     of State and the Broadcasting Board of Governors shall 
     monitor adherence to the standards of the Journalistic Code 
     of Ethics of the Middle East Broadcasting Networks, as 
     updated in May 2007.


                                  iraq

       Sec. 7042. (a) Assistance.--None of the funds appropriated 
     or otherwise made available by this Act may be made available 
     for assistance for Iraq, except funds appropriated by this 
     Act under the heading ``Nonproliferation, Anti-terrorism, 
     Demining and Related Programs'' for the removal and disposal 
     of landmines and other unexploded ordnance, small arms and 
     light weapons in Iraq.
       (b) Matching Requirement.--The terms and conditions of 
     section 1402(e)(1), (2), (3) and (4) of Public Law 110-252 
     shall apply to assistance for Iraq in fiscal year 2009.
       (c) Transition Plan.--Not later than 180 days after 
     enactment of this Act, the Secretary of State, in 
     consultation with relevant United States Government agencies, 
     shall submit to the Committees on Appropriations a report, in 
     classified form if necessary, that details the plans, costs 
     and timelines associated with the transition of programs and 
     activities funded under titles III through VI of this Act and 
     prior Acts making appropriations for the Department of State, 
     foreign operations, and related programs to the Government of 
     Iraq.
       (d) Base Rights.--None of the funds made available in this 
     Act may be used by the Government of the United States to 
     enter into a permanent basing rights agreement between the 
     United States and Iraq.

                        report on iran sanctions

       Sec. 7043. Not later than 180 days after enactment of this 
     Act, the Secretary of State shall submit a report to the 
     Committees on Appropriations on the status of multilateral 
     and bilateral United States sanctions against Iran and 
     actions taken by the United States and the international 
     community to enforce sanctions against Iran. The report, 
     which may be submitted in classified form if necessary, shall 
     include the following:
       (1) A list of all current United States bilateral and 
     multilateral sanctions against Iran;
       (2) A list of all United States and foreign registered 
     entities which the Secretary of State has reason to believe 
     may be in violation of existing United States bilateral and 
     multilateral sanctions;

[[Page 5709]]

       (3) A detailed description of United States efforts to 
     enforce sanctions, including a list of all investigations 
     initiated in the 12 months preceeding the enactment of this 
     Act that have resulted in a determination that a sanctions 
     violation has occurred and United States government actions 
     taken pursuant to the determination;
       (4) In the instances when sanctions were waived or 
     otherwise not imposed against entities that were determined 
     to have violated United States bilateral or multilateral 
     sanctions, the reason in each instance of why action was not 
     taken to sanction the entity; and
       (5) A description of United States diplomatic efforts to 
     expand bilateral and multilateral sanctions against Iran and 
     strengthen international efforts to enforce existing 
     sanctions.


                                lebanon

       Sec. 7044. (a) Funds appropriated under the heading 
     ``Foreign Military Financing Program'' in this Act for 
     assistance for Lebanon shall be made available only to 
     professionalize the Lebanese Armed Forces and to strengthen 
     border security and combat terrorism, including training and 
     equipping the Lebanese Armed Forces to secure Lebanon's 
     borders, interdicting arms shipments, preventing the use of 
     Lebanon as a safe haven for terrorist groups and implementing 
     United Nations Security Council Resolution 1701.
       (b) None of the funds in subsection (a) may be made 
     available for obligation until after the Secretary of State 
     provides the Committees on Appropriations a detailed spending 
     plan, which shall include a strategy for professionalizing 
     the Lebanese Armed Forces, strengthening border security and 
     combating terrorism in Lebanon.


                           western hemisphere

       Sec. 7045. (a) Free Trade Agreements.--Of the funds 
     appropriated by this Act not less than $10,000,000 from 
     ``Development Assistance'' and not less than $10,000,000 from 
     ``Economic Support Fund'' shall be made available for labor 
     and environmental capacity building activities relating to 
     the free trade agreements with countries of Central America, 
     Peru and the Dominican Republic.
       (b) Haiti.--
       (1) The Government of Haiti shall be eligible to purchase 
     defense articles and services under the Arms Export Control 
     Act (22 U.S.C. 2751 et seq.), for the Coast Guard.
       (2) Of the funds appropriated by this Act under titles III 
     and IV, not less than $251,126,000 shall be made available 
     for assistance for Haiti.
       (3) None of the funds made available by this Act under the 
     heading ``International Narcotics Control and Law 
     Enforcement'' may be used to transfer excess weapons, 
     ammunition or other lethal property of an agency of the 
     United States Government to the Government of Haiti for use 
     by the Haitian National Police until the Secretary of State 
     reports to the Committees on Appropriations that any members 
     of the Haitian National Police who have been credibly alleged 
     to have committed serious crimes, including drug trafficking 
     and violations of internationally recognized human rights, 
     have been suspended.
       (c) Dominican Republic.--Of the funds appropriated by this 
     Act that are available for assistance for the Dominican 
     Republic, not less than $5,000,000 shall be made available 
     for basic health care, nutrition, sanitation, education, and 
     shelter for migrant workers and other residents of batey 
     communities.
       (d) Assistance for Guatemala.--
       (1) Funds appropriated by this Act under the heading 
     ``International Military Education and Training'' (IMET) that 
     are available for assistance for Guatemala, other than for 
     expanded IMET, may be made available only for the Guatemalan 
     Air Force, Navy and Army Corps of Engineers: Provided, That 
     assistance for the Army Corps of Engineers shall only be 
     available for training to improve disaster response 
     capabilities and to participate in international peacekeeping 
     operations: Provided further, That such funds may be made 
     available only if the Secretary of State certifies that the 
     Air Force, Navy and Army Corps of Engineers are respecting 
     internationally recognized human rights and cooperating with 
     civilian judicial investigations and prosecutions of current 
     and retired military personnel who have been credibly alleged 
     to have committed violations of such rights, and with the 
     International Commission Against Impunity in Guatemala 
     (CICIG) by granting access to CICIG personnel, providing 
     evidence to CICIG, and allowing witness testimony.
       (2) Of the funds appropriated by this Act under the heading 
     ``Foreign Military Financing Program'', not more than 
     $500,000 may be made available for the Guatemalan Air Force, 
     Navy and Army Corps of Engineers: Provided, That assistance 
     for the Army Corps of Engineers shall only be available for 
     training to improve disaster response capabilities and to 
     participate in international peacekeeping operations: 
     Provided further, That such funds may be made available only 
     if the Secretary of State certifies that the Air Force, Navy 
     and Army Corps of Engineers are respecting internationally 
     recognized human rights and cooperating with civilian 
     judicial investigations and prosecutions of current and 
     retired military personnel who have been credibly alleged to 
     have committed violations of such rights, including 
     protecting and providing to the Attorney General's office all 
     military archives pertaining to the internal armed conflict, 
     and cooperating with the CICIG by granting access to CICIG 
     personnel, providing evidence to CICIG, and allowing witness 
     testimony.
       (e) Assistance for Mexico.--Of the funds appropriated under 
     the headings ``International Narcotics Control and Law 
     Enforcement'', ``Foreign Military Financing Program'', and 
     ``Economic Support Fund'' in this Act, not more than 
     $300,000,000 may be made available for assistance for Mexico, 
     only to combat drug trafficking and related violence and 
     organized crime, and for judicial reform, institution 
     building, anti-corruption, and rule of law activities, of 
     which not less than $75,000,000 shall be used for judicial 
     reform, institution building, anti-corruption, and rule of 
     law activities: Provided, That none of the funds made 
     available under this section shall be made available for 
     budget support or as cash payments.
       (1) Allocation of funds.--Fifteen percent of the funds made 
     available under this section in this Act, for assistance for 
     Mexico, not including assistance for judicial reform, 
     institution building, anti-corruption, and rule of law 
     activities, may not be obligated until the Secretary of State 
     reports in writing to the Committees on Appropriations that 
     the Government of Mexico is continuing to--
       (A) improve the transparency and accountability of Federal 
     police forces and to work with State and municipal 
     authorities to improve the transparency and accountability of 
     State and municipal police forces through mechanisms 
     including police complaints commissions with authority and 
     independence to receive complaints and carry out effective 
     investigations;
       (B) conduct regular consultations with Mexican human rights 
     organizations and other relevant Mexican civil society 
     organizations on recommendations for the implementation of 
     the Merida Initiative in accordance with Mexican and 
     international law;
       (C) ensure that civilian prosecutors and judicial 
     authorities are investigating and prosecuting, in accordance 
     with Mexican and international law, members of the Federal 
     police and military forces who have been credibly alleged to 
     have violated internationally recognized human rights, and 
     the Federal police and military forces are fully cooperating 
     with the investigations; and
       (D) enforce the prohibition, in accordance with Mexican and 
     international law, on the use of testimony obtained through 
     torture or other ill-treatment.
       (2) Report.--The report required in paragraph (1) shall 
     include a description of actions taken with respect to each 
     requirement.
       (3) Spending plan.--Not later than 45 days after the date 
     of enactment of this Act, the Secretary of State shall submit 
     to the Committees on Appropriations a detailed spending plan, 
     developed after consulting with relevant Mexican Government 
     authorities, for funds made available for Mexico under this 
     section, with concrete goals, programs and activities to be 
     funded, and anticipated results.
       (4) Analysis of alternatives.--Prior to the obligation of 
     funds for the procurement or lease of aircraft, the Director 
     of the Defense Security Cooperation Agency, in consultation 
     with the Secretary of State, shall submit to the Committees 
     on Appropriations an Analysis of Alternatives for the 
     acquisition of all aircraft for the Merida Initiative.
       (f) Assistance for the Countries of Central America.--Of 
     the funds appropriated under the headings ``International 
     Narcotics Control and Law Enforcement'', ``Foreign Military 
     Financing Program'', and ``Economic Support Fund'', 
     $105,000,000 may be made available for assistance for the 
     countries of Central America only to combat drug trafficking 
     and related violence and organized crime, and for judicial 
     reform, institution building, anti-corruption, rule of law 
     activities, and maritime security, of which not less than 
     $35,000,000 shall be made available for judicial reform, 
     institution building, anti-corruption, and rule of law 
     activities: Provided, That of the funds appropriated under 
     the heading ``Economic Support Fund'', $12,000,000 shall be 
     made available through the United States Agency for 
     International Development for an Economic and Social 
     Development Fund for Central America: Provided further, That 
     none of the funds shall be made available for budget support 
     or as cash payments.
       (1) Allocation of funds.--Fifteen percent of the funds made 
     available by this Act for assistance for the countries of 
     Central America under the headings ``International Narcotics 
     Control and Law Enforcement'' and ``Foreign Military 
     Financing Program'' may not be obligated until the Secretary 
     of State reports in writing to the Committees on 
     Appropriations that the government of such country is 
     continuing to--
       (A) support police complaints commissions with authority 
     and independence to receive complaints and carry out 
     effective investigations;

[[Page 5710]]

       (B) implement reforms to improve the capacity and ensure 
     the independence of the judiciary; and
       (C) investigate and prosecute members of the Federal police 
     and military forces who have been credibly alleged to have 
     committed violations of internationally recognized human 
     rights.
       (2) Report.--The report required in paragraph (1) shall 
     include a description of actions taken with respect to each 
     requirement.
       (3) Spending plan.--Not later than 45 days after the date 
     of the enactment of this Act, the Secretary of State shall 
     submit to the Committees on Appropriations a detailed 
     spending plan for funds appropriated or otherwise made 
     available for the countries of Central America by this Act, 
     with concrete goals, actions to be taken, budget proposals, 
     and anticipated results.
       (4) Definition.--For the purposes of this section, the term 
     ``countries of Central America'' means Belize, Costa Rica, El 
     Salvador, Guatemala, Honduras, Nicaragua, and Panama.
       (g) Aircraft Operations and Maintenance.--To the maximum 
     extent practicable, the costs of operations and maintenance, 
     including fuel, of aircraft funded by this Act should be 
     borne by the recipient country.

                                colombia

       Sec. 7046. (a) Funding.--Of the funds appropriated in 
     titles III and IV of this Act, not more than $545,050,000 
     shall be available for assistance for Colombia.
       Funds appropriated by this Act and made available to the 
     Department of State for assistance to the Government of 
     Colombia may be used to support a unified campaign against 
     narcotics trafficking and organizations designated as Foreign 
     Terrorist Organizations and successor organizations, and to 
     take actions to protect human health and welfare in emergency 
     circumstances, including undertaking rescue operations: 
     Provided, That assistance made available in prior Acts for 
     the Government of Colombia to protect the Cano-Limon pipeline 
     may also be used for purposes for which funds are made 
     available under the heading ``Andean Counterdrug Programs'': 
     Provided further, That no United States Armed Forces 
     personnel or United States civilian contractor employed by 
     the United States will participate in any combat operation in 
     connection with assistance made available by this Act for 
     Colombia: Provided further, That rotary and fixed wing 
     aircraft supported with funds appropriated under the heading 
     ``Andean Counterdrug Programs'' for assistance for Colombia 
     may be used for aerial or manual drug eradication and 
     interdiction including to transport personnel and supplies 
     and to provide security for such operations, and to provide 
     transport in support of alternative development programs and 
     investigations of cases under the jurisdiction of the 
     Attorney General, the Procuraduria General de la Nacion, and 
     the Defensoria del Pueblo: Provided further, That the 
     President shall ensure that if any helicopter procured with 
     funds in this Act or prior Acts making appropriations for the 
     Department of State, foreign operations, and related 
     programs, is used to aid or abet the operations of any 
     illegal self-defense group, paramilitary organization, 
     illegal security cooperative or successor organizations in 
     Colombia, such helicopter shall be immediately returned to 
     the United States.
       Of the funds available under the heading ``Andean 
     Counterdrug Programs'' in this Act for the Colombian national 
     police for the procurement of chemicals for aerial coca and 
     poppy eradication programs, not more than 20 percent of such 
     funds may be made available for such eradication programs 
     unless the Secretary of State certifies to the Committees on 
     Appropriations that: (1) the herbicide is being used in 
     accordance with EPA label requirements for comparable use in 
     the United States and with Colombian laws; and (2) the 
     herbicide, in the manner it is being used, does not pose 
     unreasonable risks or adverse effects to humans or the 
     environment, including endemic species: Provided, That such 
     funds may not be made available unless the Secretary of State 
     certifies to the Committees on Appropriations that complaints 
     of harm to health or licit crops caused by such aerial 
     eradication are thoroughly evaluated and fair compensation is 
     being paid in a timely manner for meritorious claims: 
     Provided further, That such funds may not be made available 
     for such purposes unless programs are being implemented by 
     the United States Agency for International Development, the 
     Government of Colombia, or other organizations, in 
     consultation and coordination with local communities, to 
     provide alternative sources of income in areas where security 
     permits for small-acreage growers and communities whose 
     illicit crops are targeted for aerial eradication: Provided 
     further, That none of the funds appropriated by this Act for 
     assistance for Colombia shall be made available for the 
     cultivation or processing of African oil palm, if doing so 
     would contribute to significant loss of native species, 
     disrupt or contaminate natural water sources, reduce local 
     food security, or cause the forced displacement of local 
     people: Provided further, That funds appropriated by this Act 
     may be used for aerial eradication in Colombia's national 
     parks or reserves only if the Secretary of State certifies to 
     the Committees on Appropriations on a case-by-case basis that 
     there are no effective alternatives and the eradication is 
     conducted in accordance with Colombian laws.
       (b) Assistance for the Armed Forces.--
       (1) Funding.--Funds appropriated by this Act that are 
     available for assistance for the Colombian Armed Forces, may 
     be made available as follows:
       (A) Up to 70 percent of such funds may be obligated prior 
     to the certification and report by the Secretary of State 
     pursuant to subparagraph (B).
       (B) Up to 15 percent of such funds may be obligated only 
     after the Secretary of State consults with, and subsequently 
     certifies and submits a written report to, the Committees on 
     Appropriations that--
       (i) The Government of Colombia is suspending, and 
     investigating and prosecuting in the civilian justice system, 
     those members of the Colombian Armed Forces, of whatever 
     rank, who have been credibly alleged to have committed 
     violations of internationally recognized human rights, 
     including extra-judicial killings, or to have aided, abetted 
     or benefitted from paramilitary organizations or successor 
     armed groups, and the Colombian Armed Forces are cooperating 
     fully with civilian prosecutors and judicial authorities in 
     such cases.
       (ii) The Government of Colombia has taken all necessary 
     steps to sever links with paramilitary organizations or 
     successor armed groups.
       (iii) The Government of Colombia is dismantling 
     paramilitary networks, including by arresting and prosecuting 
     under civilian criminal law individuals who have provided 
     financial, planning, or logistical support, or have otherwise 
     aided, abetted or benefitted from paramilitary organizations 
     or successor armed groups, and by returning land and other 
     assets illegally acquired by such organizations or their 
     associates to their rightful occupants or owners.
       (iv) The Government of Colombia is respecting the rights of 
     Colombia's indigenous and Afro-Colombian communities, and the 
     Colombian Armed Forces are implementing procedures to 
     distinguish between civilians, including displaced persons, 
     and combatants in their operations.
       (2) The balance of such funds may be obligated after July 
     31, 2009, if, prior to such obligation, the Secretary of 
     State consults with, and submits a written certification to, 
     the Committees on Appropriations that the Government of 
     Colombia is continuing to meet the requirements described in 
     paragraph (1) and is conducting vigorous operations to 
     strengthen civilian institutions and respect for 
     internationally recognized human rights in areas under the 
     influence of paramilitary organizations or successor armed 
     groups and guerrilla organizations.
       (3) Certain funds exempted.--The requirement to withhold 
     funds from obligation shall not apply with respect to funds 
     made available under the heading ``Andean Counterdrug 
     Programs'' in this Act for continued support for the Critical 
     Flight Safety Program or for any alternative development 
     programs in Colombia administered by the Bureau of 
     International Narcotics and Law Enforcement Affairs of the 
     Department of State.
       (4) Report.--At the time the Secretary of State submits 
     certifications pursuant to paragraphs (1)(B) and (2) of this 
     subsection, the Secretary shall also submit to the Committees 
     on Appropriations a report that contains, with respect to 
     each such paragraph, a detailed description of the specific 
     actions taken by the Government and Armed Forces of Colombia 
     which support each requirement of the certification, and the 
     cases or issues brought to the attention of the Secretary, 
     including through the Department of State's annual Country 
     Reports on Human Rights Practices, for which the actions 
     taken by the Colombian Government or Armed Forces have been 
     determined by the Secretary of State to be inadequate.
       (c) Consultative Process.--Not later than 60 days after the 
     date of enactment of this Act, and every 180 days thereafter 
     until September 30, 2009, the Secretary of State shall 
     consult with Colombian and internationally recognized human 
     rights organizations regarding progress in meeting the 
     requirements contained in subsection (b)(1).
       (d) Assistance for Reintegration of Former Combatants.--
       (1) Availability of funds.--Of the funds appropriated in 
     this Act under the heading ``Economic Support Fund'', up to 
     $16,769,000 may be made available in fiscal year 2009 for 
     assistance for the reintegration of former members of foreign 
     terrorist organizations (FTOs) or other illegal armed groups 
     in Colombia, if the Secretary of State consults with and 
     makes a certification described in paragraph (2) to the 
     Committees on Appropriations prior to the initial obligation 
     of amounts for such assistance for the fiscal year involved.
       (2) Certification.--A certification described in this 
     subsection is a certification that--
       (A) assistance for the fiscal year will be provided only 
     for individuals who have: (i) verifiably renounced and 
     terminated any affiliation or involvement with FTOs or other 
     illegal armed groups; (ii) are meeting all the requirements 
     of the Colombia demobilization

[[Page 5711]]

     program, including having disclosed their involvement in past 
     crimes and their knowledge of the FTO's structure, financing 
     sources, illegal assets, and the location of kidnapping 
     victims and bodies of the disappeared; and (iii) are not 
     involved in criminal activity;
       (B) the Government of Colombia is providing full 
     cooperation to the Government of the United States to 
     prosecute the extradited leaders and members of FTOs who have 
     been indicted in the United States for murder, torture, 
     kidnapping, narcotics trafficking, or other violations of 
     United States law;
       (C) the Government of Colombia is not knowingly taking any 
     steps to legalize the titles of land or other assets 
     illegally obtained and held by FTOs, their associates, or 
     successors, has established effective procedures to identify 
     such land and other assets, and is seizing and returning such 
     land and other assets to their rightful occupants or owners;
       (D) the Government of Colombia is dismantling the 
     organizational structures of FTOs and successor armed groups; 
     and
       (E) funds shall not be made available as cash payments to 
     individuals and are available only for activities under the 
     following categories: verification, reintegration (including 
     training and education), vetting, recovery of assets for 
     reparations for victims, and investigations and prosecutions.
       (e) Illegal Armed Groups.--
       (1) Denial of visas.--Subject to paragraph (2), the 
     Secretary of State shall not issue a visa to any alien who 
     the Secretary determines, based on credible evidence--
       (A) has willfully provided any support to or benefitted 
     from the Revolutionary Armed Forces of Colombia (FARC), the 
     National Liberation Army (ELN), the United Self-Defense 
     Forces of Colombia (AUC), or successor armed groups, 
     including taking actions or failing to take actions which 
     allow, facilitate, or otherwise foster the activities of such 
     groups; or
       (B) has committed, ordered, incited, assisted, or otherwise 
     participated in the commission of a violation of 
     internationally recognized human rights, including extra-
     judicial killings, in Colombia.
       (2) Waiver.--Paragraph (1) shall not apply if the Secretary 
     of State certifies to the Committees on Appropriations, on a 
     case-by-case basis, that the issuance of a visa to the alien 
     is necessary to support the peace process in Colombia or for 
     urgent humanitarian reasons.
       (f) Definitions.--In this section:
       (1) Aided or abetted.--The term ``aided or abetted'' means 
     to provide any support to paramilitary or successor armed 
     groups, including taking actions which allow, facilitate, or 
     otherwise foster the activities of such groups.
       (2) Paramilitary groups.--The term ``paramilitary groups'' 
     means illegal self-defense groups and illegal security 
     cooperatives, including those groups and cooperatives that 
     have formerly demobilized but continue illegal operations, as 
     well as parts thereof.
       (3) Foreign terrorist organization.--The term ``foreign 
     terrorist organization'' means an organization designated as 
     a terrorist organization under section 219 of the Immigration 
     and Nationality Act.


                   community-based police assistance

       Sec. 7047. (a) Authority.--Funds made available by titles 
     III and IV of this Act to carry out the provisions of chapter 
     1 of part I and chapters 4 and 6 of part II of the Foreign 
     Assistance Act of 1961, may be used, notwithstanding section 
     660 of that Act, to enhance the effectiveness and 
     accountability of civilian police authority through training 
     and technical assistance in human rights, the rule of law, 
     anti-corruption, strategic planning, and through assistance 
     to foster civilian police roles that support democratic 
     governance including assistance for programs to prevent 
     conflict, respond to disasters, address gender-based 
     violence, and foster improved police relations with the 
     communities they serve.
       (b) Notification.--Assistance provided under subsection (a) 
     shall be subject to prior consultation with, and the regular 
     notification procedures of, the Committees on Appropriations.


           prohibition of payments to united nations members

       Sec. 7048. None of the funds appropriated or made available 
     pursuant to titles III through VI of this Act for carrying 
     out the Foreign Assistance Act of 1961, may be used to pay in 
     whole or in part any assessments, arrearages, or dues of any 
     member of the United Nations or, from funds appropriated by 
     this Act to carry out chapter 1 of part I of the Foreign 
     Assistance Act of 1961, the costs for participation of 
     another country's delegation at international conferences 
     held under the auspices of multilateral or international 
     organizations.


                     war crimes tribunals drawdown

       Sec. 7049. If the President determines that doing so will 
     contribute to a just resolution of charges regarding genocide 
     or other violations of international humanitarian law, the 
     President may direct a drawdown pursuant to section 552(c) of 
     the Foreign Assistance Act of 1961 of up to $30,000,000 of 
     commodities and services for the United Nations War Crimes 
     Tribunal established with regard to the former Yugoslavia by 
     the United Nations Security Council or such other tribunals 
     or commissions as the Council may establish or authorize to 
     deal with such violations, without regard to the ceiling 
     limitation contained in paragraph (2) thereof: Provided, That 
     the determination required under this section shall be in 
     lieu of any determinations otherwise required under section 
     552(c): Provided further, That funds made available for 
     tribunals other than the International Criminal Tribunal for 
     the former Yugoslavia, the International Criminal Tribunal 
     for Rwanda, or the Special Court for Sierra Leone shall be 
     made available subject to the regular notification procedures 
     of the Committees on Appropriations.


                         peacekeeping missions

       Sec. 7050. None of the funds made available under title I 
     of this Act may be used for any United Nations undertaking 
     when it is made known to the Federal official having 
     authority to obligate or expend such funds that: (1) the 
     United Nations undertaking is a peacekeeping mission; (2) 
     such undertaking will involve United States Armed Forces 
     under the command or operational control of a foreign 
     national; and (3) the President's military advisors have not 
     submitted to the President a recommendation that such 
     involvement is in the national interests of the United States 
     and the President has not submitted to the Congress such a 
     recommendation.


                        PEACEKEEPING ASSESSMENT

       Sec. 7051. Section 404(b)(2)(B) of the Foreign Relations 
     Authorization Act, Fiscal Years 1994 and 1995, (22 U.S.C. 
     287e note) is amended by deleting subsection (v) and 
     inserting in lieu thereof:
       ``(v) For assessments made during each of the calendar 
     years 2005, 2006, 2007, 2008, and 2009, 27.1 percent.''.


                  UNITED NATIONS HUMAN RIGHTS COUNCIL

       Sec. 7052. (a) None of the funds appropriated by this Act 
     may be made available for a United States contribution to the 
     United Nations Human Rights Council.
       (b) The prohibition under subsection (a) shall not apply 
     if--
       (1) the Secretary of State certifies to the Committees on 
     Appropriations that the provision of funds to support the 
     United Nations Human Rights Council is in the national 
     interest of the United States; or
       (2) the United States is a member of the Human Rights 
     Council.


                Attendance at International Conferences

       Sec. 7053. None of the funds made available in this Act may 
     be used to send or otherwise pay for the attendance of more 
     than 50 employees of agencies or departments of the United 
     States Government who are stationed in the United States, at 
     any single international conference occurring outside the 
     United States, unless the Secretary of State reports to the 
     Committees on Appropriations that such attendance is in the 
     national interest: Provided, That for purposes of this 
     section the term ``international conference'' shall mean a 
     conference attended by representatives of the United States 
     Government and of foreign governments, international 
     organizations, or nongovernmental organizations.


               restrictions on united nations delegations

       Sec. 7054. None of the funds made available under title I 
     of this Act may be used to pay expenses for any United States 
     delegation to any specialized agency, body, or commission of 
     the United Nations if such commission is chaired or presided 
     over by a country, the government of which the Secretary of 
     State has determined, for purposes of section 6(j)(1) of the 
     Export Administration Act of 1979 (50 U.S.C. App. 
     2405(j)(1)), supports international terrorism.


   parking fines and real property taxes owed by foreign governments

       Sec. 7055. (a) Subject to subsection (c), of the funds 
     appropriated under titles III through VI by this Act that are 
     made available for assistance for a foreign country, an 
     amount equal to 110 percent of the total amount of the unpaid 
     fully adjudicated parking fines and penalties and unpaid 
     property taxes owed by the central government of such country 
     shall be withheld from obligation for assistance for the 
     central government of such country until the Secretary of 
     State submits a certification to the Committees on 
     Appropriations stating that such parking fines and penalties 
     and unpaid property taxes are fully paid.
       (b) Funds withheld from obligation pursuant to subsection 
     (a) may be made available for other programs or activities 
     funded by this Act, after consultation with and subject to 
     the regular notification procedures of the Committees on 
     Appropriations, provided that no such funds shall be made 
     available for assistance for the central government of a 
     foreign country that has not paid the total amount of the 
     fully adjudicated parking fines and penalties and unpaid 
     property taxes owed by such country.
       (c) Subsection (a) shall not include amounts that have been 
     withheld under any other provision of law.
       (d)(1) The Secretary of State may waive the requirements 
     set forth in subsection (a)

[[Page 5712]]

     with respect to parking fines and penalties no sooner than 60 
     days from the date of enactment of this Act, or at any time 
     with respect to a particular country, if the Secretary 
     determines that it is in the national interests of the United 
     States to do so.
       (2) The Secretary of State may waive the requirements set 
     forth in subsection (a) with respect to the unpaid property 
     taxes if the Secretary of State determines that it is in the 
     national interests of the United States to do so.
       (e) Not later than 6 months after the initial exercise of 
     the waiver authority in subsection (d), the Secretary of 
     State, after consultations with the City of New York, shall 
     submit a report to the Committees on Appropriations 
     describing a strategy, including a timetable and steps 
     currently being taken, to collect the parking fines and 
     penalties and unpaid property taxes and interest owed by 
     nations receiving foreign assistance under this Act.
       (f) In this section:
       (1) The term ``fully adjudicated'' includes circumstances 
     in which the person to whom the vehicle is registered--
       (A)(i) has not responded to the parking violation summons; 
     or
       (ii) has not followed the appropriate adjudication 
     procedure to challenge the summons; and
       (B) the period of time for payment of or challenge to the 
     summons has lapsed.
       (2) The term ``parking fines and penalties'' means parking 
     fines and penalties--
       (A) owed to--
       (i) the District of Columbia; or
       (ii) New York, New York; and
       (B) incurred during the period April 1, 1997, through 
     September 30, 2008.
       (3) The term ``unpaid property taxes'' means the amount of 
     unpaid taxes and interest determined to be owed by a foreign 
     country on real property in the District of Columbia or New 
     York, New York in a court order or judgment entered against 
     such country by a court of the United States or any State or 
     subdivision thereof.


                    landmines and cluster munitions

       Sec. 7056. (a) Landmines.--Notwithstanding any other 
     provision of law, demining equipment available to the United 
     States Agency for International Development and the 
     Department of State and used in support of the clearance of 
     landmines and unexploded ordnance for humanitarian purposes 
     may be disposed of on a grant basis in foreign countries, 
     subject to such terms and conditions as the President may 
     prescribe.
       (b) Cluster Munitions.--No military assistance shall be 
     furnished for cluster munitions, no defense export license 
     for cluster munitions may be issued, and no cluster munitions 
     or cluster munitions technology shall be sold or transferred, 
     unless--
       (1) the submunitions of the cluster munitions have a 99 
     percent or higher functioning rate; and
       (2) the agreement applicable to the assistance, transfer, 
     or sale of the cluster munitions or cluster munitions 
     technology specifies that the cluster munitions will only be 
     used against clearly defined military targets and will not be 
     used where civilians are known to be present.

                    millennium challenge corporation

       Sec. 7057. (a) The Chief Executive Officer of the 
     Millennium Challenge Corporation shall, not later than 45 
     days after enactment of this Act, submit to the Committee on 
     Appropriations a report on the proposed uses, on a country-
     by-country basis, of all funds appropriated under the heading 
     ``Millennium Challenge Corporation'' in this Act or prior 
     Acts making appropriations for the Department of State, 
     foreign operations, and related programs projected to be 
     obligated and expended in fiscal year 2009 and subsequent 
     fiscal years.
       (b) The report required in paragraph (a) shall be updated 
     on a semi-annual basis and shall include, at a minimum, a 
     description of--
       (1) compacts in development, including the status of 
     negotiations and the approximate range of value of the 
     proposed compact;
       (2) compacts in implementation, including the projected 
     expenditure and disbursement of compact funds during fiscal 
     year 2009 and subsequent fiscal years as determined by the 
     country compact;
       (3) threshold country programs in development, including 
     the approximate range of value of the threshold country 
     agreement;
       (4) major programmatic changes to existing compacts funded 
     by this Act or prior Acts making appropriations for the 
     Department of State, foreign operations, and related 
     programs;
       (5) threshold country programs in implementation; and
       (6) use of administrative funds.
       (c) The Chief Executive Officer of the Millennium Challenge 
     Corporation shall notify the Committees on Appropriations not 
     later than 15 days prior to signing any new country compact 
     or new threshold country program; terminating or suspending 
     any country compact or threshold country program; or 
     commencing negotiations for any new compact or threshold 
     country program.

                    limitation on residence expenses

       Sec. 7058. Of the funds appropriated or made available 
     pursuant to title II of this Act, not to exceed $100,500 
     shall be for official residence expenses of the United States 
     Agency for International Development during the current 
     fiscal year: Provided, That appropriate steps shall be taken 
     to assure that, to the maximum extent possible, United 
     States-owned foreign currencies are utilized in lieu of 
     dollars.

     united states agency for international development management

                     (including transfer of funds)

       Sec. 7059. (a) Authority.--Up to $81,000,000 of the funds 
     made available in title III of this Act to carry out the 
     provisions of part I of the Foreign Assistance Act of 1961, 
     including funds appropriated under the heading ``Assistance 
     for Europe, Eurasia and Central Asia'', may be used by the 
     United States Agency for International Development (USAID) to 
     hire and employ individuals in the United States and overseas 
     on a limited appointment basis pursuant to the authority of 
     sections 308 and 309 of the Foreign Service Act of 1980.
       (b) Restrictions.--
       (1) The number of individuals hired in any fiscal year 
     pursuant to the authority contained in subsection (a) may not 
     exceed 175.
       (2) The authority to hire individuals contained in 
     subsection (a) shall expire on September 30, 2010.
       (c) Conditions.--The authority of subsection (a) may only 
     be used to the extent that an equivalent number of positions 
     that are filled by personal services contractors or other 
     non-direct hire employees of USAID, who are compensated with 
     funds appropriated to carry out part I of the Foreign 
     Assistance Act of 1961, including funds appropriated under 
     the heading ``Assistance for Europe, Eurasia and Central 
     Asia'', are eliminated.
       (d) Priority Sectors.--In exercising the authority of this 
     section, primary emphasis shall be placed on enabling USAID 
     to meet personnel positions in technical skill areas 
     currently encumbered by contractor or other non-direct hire 
     personnel.
       (e) Consultations.--The USAID Administrator shall consult 
     with the Committees on Appropriations at least on a quarterly 
     basis concerning the implementation of this section.
       (f) Program Account Charged.--The account charged for the 
     cost of an individual hired and employed under the authority 
     of this section shall be the account to which such 
     individual's responsibilities primarily relate. Funds made 
     available to carry out this section may be transferred to, 
     and merged with, funds appropriated by this Act in title II 
     under the heading ``Operating Expenses''.
       (g) Foreign Service Limited Extensions.--Individuals hired 
     and employed by USAID, with funds made available in this Act 
     or prior Acts making appropriations for the Department of 
     State, foreign operations, and related programs, pursuant to 
     the authority of section 309 of the Foreign Service Act of 
     1980, may be extended for a period of up to 4 years 
     notwithstanding the limitation set forth in such section.
       (h) Junior Officer Placement Authority.--Of the funds made 
     available in subsection (a), USAID may use, in addition to 
     funds otherwise available for such purposes, up to 
     $15,000,000 to fund overseas support costs of members of the 
     Foreign Service with a Foreign Service rank of four or below: 
     Provided, That such authority is only used to reduce USAID's 
     reliance on overseas personal services contractors or other 
     non-direct hire employees compensated with funds appropriated 
     to carry out part I of the Foreign Assistance Act of 1961, 
     including funds appropriated under the heading ``Assistance 
     for Europe, Eurasia and Central Asia''.
       (i) Disaster Surge Capacity.--Funds appropriated under 
     title III of this Act to carry out part I of the Foreign 
     Assistance Act of 1961, including funds appropriated under 
     the heading ``Assistance for Europe, Eurasia and Central 
     Asia'', may be used, in addition to funds otherwise available 
     for such purposes, for the cost (including the support costs) 
     of individuals detailed to or employed by USAID whose primary 
     responsibility is to carry out programs in response to 
     natural disasters.
       (j) Technical Advisors.--Up to $13,500,000 of the funds 
     made available by this Act in title III for assistance under 
     the heading ``Global Health and Child Survival'', may be used 
     to reimburse United States Government agencies, agencies of 
     State governments, institutions of higher learning, and 
     private and voluntary organizations for the full cost of 
     individuals (including for the personal services of such 
     individuals) detailed or assigned to, or contracted by, as 
     the case may be, USAID for the purpose of carrying out 
     activities under that heading: Provided, That up to 
     $3,500,000 of the funds made available by this Act for 
     assistance under the heading ``Development Assistance'' may 
     be used to reimburse such agencies, institutions, and 
     organizations for such costs of such individuals carrying out 
     other development assistance activities.
       (k) Personal Services Contractors.--Funds appropriated by 
     this Act to carry out chapter 1 of part I, chapter 4 of part 
     II, and section 667 of the Foreign Assistance Act of 1961, 
     and title II of the Agricultural Trade Development and 
     Assistance Act of 1954, may

[[Page 5713]]

     be used by USAID to employ up to 25 personal services 
     contractors in the United States, notwithstanding any other 
     provision of law, for the purpose of providing direct, 
     interim support for new or expanded overseas programs and 
     activities managed by the agency until permanent direct hire 
     personnel are hired and trained: Provided, That not more than 
     10 of such contractors shall be assigned to any bureau or 
     office: Provided further, That such funds appropriated to 
     carry out title II of the Agricultural Trade Development and 
     Assistance Act of 1954, may be made available only for 
     personal services contractors assigned to the Office of Food 
     for Peace.
       (l) Recruitment Strategy.--Not later than December 31, 
     2009, the USAID Administrator, after consulting with the 
     Secretaries of Defense, Treasury, Agriculture, Interior, 
     Energy, and Health and Human Services, the Director of the 
     Centers for Disease Control and Prevention, the Administrator 
     of the Environmental Protection Agency, and the heads of 
     other relevant Federal departments and agencies, shall submit 
     to the Committees on Appropriations a recruitment strategy 
     for current and former employees from such departments and 
     agencies who possess skills and/or overseas experience which 
     would enhance USAID's capacity to carry out its mission: 
     Provided, That funds made available under the heading 
     ``Operating Expenses'' in title II of this Act may be made 
     available to implement the strategy described in the previous 
     proviso, subject to the regular notification procedures of 
     the Committees on Appropriations.
       (m) Hiring Authority.--Notwithstanding section 307 of the 
     Foreign Service Act of 1980, the USAID Administrator may hire 
     up to 30 individuals under the Development Leadership 
     Initiative: Provided, That the authority contained in this 
     subsection shall expire on September 30, 2010.

                        global health activities

       Sec. 7060. (a) Funds appropriated by titles III and IV of 
     this Act that are made available for bilateral assistance for 
     child survival activities or disease programs including 
     activities relating to research on, and the prevention, 
     treatment and control of, HIV/AIDS may be made available 
     notwithstanding any other provision of law except for the 
     provisions under the heading ``Global Health and Child 
     Survival'' and the United States Leadership Against HIV/AIDS, 
     Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 
     U.S.C. 7601 et seq.), as amended: Provided, That of the funds 
     appropriated under title III of this Act, not less than 
     $545,000,000 should be made available for family planning/
     reproductive health.
       (b) Notwithstanding any other provision of this Act, 10 
     percent of the funds that are appropriated by this Act for a 
     contribution to support the Global Fund to Fight AIDS, 
     Tuberculosis and Malaria (the ``Global Fund'') shall be 
     withheld from obligation to the Global Fund until the 
     Secretary of State reports to the Committees on 
     Appropriations that the Global Fund--
       (1) is releasing incremental disbursements only if grantees 
     demonstrate progress against clearly defined performance 
     indicators; and
       (2) is implementing a reporting system that breaks down 
     grantee budget allocations by programmatic activity.


                       DEVELOPMENT GRANTS PROGRAM

       Sec. 7061. Of the funds appropriated by this Act under the 
     heading ``Development Assistance'', not less than $40,000,000 
     shall be made available for the Development Grants Program 
     established pursuant to section 674 of the Department of 
     State, Foreign Operations, and Related Programs 
     Appropriations Act, 2008 (division J of Public Law 110-161): 
     Provided, That funds made available under this section are in 
     addition to other funds available for such purposes including 
     funds designated by this Act by section 7065.

                          women in development

       Sec. 7062. (a) Programs funded under title III of this Act 
     should include, where appropriate, gender considerations in 
     the planning, assessment, implementation, monitoring and 
     evaluation of such programs.
       (b) Funds made available under title III of this Act should 
     be made available to support programs to enhance economic 
     opportunities for poor women in developing countries, 
     including increasing the number and capacity of women-owned 
     enterprises, improving property rights for women, increasing 
     access to financial services, and improving women's ability 
     to participate in the global economy.

                         gender-based violence

       Sec. 7063. (a) Funds appropriated under the headings 
     ``Development Assistance'' and ``Economic Support Fund'' in 
     this Act shall be made available for programs to address 
     sexual and gender-based violence.
       (b) Programs and activities funded under titles III and IV 
     of this Act that provide training for foreign police, 
     judicial, and military officials shall address, where 
     appropriate, gender-based violence.

                               education

       Sec. 7064. (a) Basic Education.--
       (1) Of the funds appropriated by title III of this Act and 
     by prior Acts for fiscal year 2009, not less than 
     $700,000,000 should be made available for assistance for 
     basic education, of which not less than $400,000,000 shall be 
     made available under the heading ``Development Assistance''.
       (2) There shall continue to be a Coordinator of United 
     States government actions to provide basic education 
     assistance in developing countries as established in section 
     664 of division J of Public Law 110-161.
       (3) Funds appropriated for basic education in this Act 
     shall be made available for a pilot program in three 
     countries to develop and evaluate the effectiveness and 
     implementation of a 5-year basic education strategic plan.
       (b) Higher Education.--Of the funds appropriated by title 
     III of this Act and by prior Acts for fiscal year 2009, not 
     less than $133,000,000 shall be made available for assistance 
     for higher education.


                        reconciliation programs

       Sec. 7065. Of the funds appropriated under the headings 
     ``Development Assistance'' and ``Economic Support Fund'' in 
     this Act, $25,000,000 shall be made available for 
     reconciliation programs which bring together and facilitate 
     interaction between individuals of different ethnic, 
     religious and political backgrounds from areas of civil 
     conflict and war, of which $9,000,000 shall be made available 
     for such programs in the Middle East: Provided, That the 
     Administrator of the United States Agency for International 
     Development shall consult with the Committees on 
     Appropriations, prior to the initial obligation of funds, on 
     the most effective uses of such funds.

                   comprehensive expenditures report

       Sec. 7066. Not later than 180 days after the date of 
     enactment of this Act, the Secretary of State shall submit a 
     report to the Committees on Appropriations detailing the 
     total amount of United States Government expenditures in 
     fiscal years 2007 and 2008, by Federal agency, for assistance 
     programs and activities in each foreign country, identifying 
     the line item as presented in the President's Budget Appendix 
     and the purpose for which the funds were provided: Provided, 
     That if required, information may be submitted in classified 
     form.

                         requests for documents

       Sec. 7067. None of the funds appropriated or made available 
     pursuant to titles III through VI of this Act shall be 
     available to a nongovernmental organization, including any 
     contractor, which fails to provide upon timely request any 
     document, file, or record necessary to the auditing 
     requirements of the United States Agency for International 
     Development.


                     senior policy operating group

       Sec. 7068. (a) The Senior Policy Operating Group on 
     Trafficking in Persons, established under section 105(f) of 
     the Victims of Trafficking and Violence Protection Act of 
     2000 (22 U.S.C. 7103(f)) to coordinate agency activities 
     regarding policies (including grants and grant policies) 
     involving the international trafficking in persons, shall 
     coordinate all such policies related to the activities of 
     traffickers and victims of severe forms of trafficking.
       (b) None of the funds provided under title I of this or any 
     other Act making appropriations for the Department of State, 
     foreign operations, and related programs shall be expended to 
     perform functions that duplicate coordinating 
     responsibilities of the Operating Group.
       (c) The Operating Group shall continue to report only to 
     the authorities that appointed them pursuant to section 
     105(f).

                     prohibition on use of torture

       Sec. 7069. None of the funds made available in this Act 
     shall be used in any way whatsoever to support or justify the 
     use of torture, cruel or inhumane treatment by any official 
     or contract employee of the United States Government.

                                 africa

       Sec. 7070. (a) Expanded International Military Education 
     and Training.--
       (1) Funds appropriated under the heading ``International 
     Military Education and Training'' in this Act that are made 
     available for assistance for Angola, Cameroon, Central 
     African Republic, Chad, Cote D'Ivoire, and Guinea may be made 
     available only for expanded international military education 
     and training.
       (2) None of the funds appropriated under the heading 
     ``International Military Education and Training'' in this Act 
     may be made available for assistance for Equatorial Guinea.
       (b)(1) Sudan Limitation on Assistance.--Subject to 
     subsection (2):
       (A) Notwithstanding any other provision of law, none of the 
     funds appropriated by this Act may be made available for 
     assistance for the Government of Sudan.
       (B) None of the funds appropriated by this Act may be made 
     available for the cost, as defined in section 502, of the 
     Congressional Budget Act of 1974, of modifying loans and loan 
     guarantees held by the Government of Sudan, including the 
     cost of selling, reducing, or canceling amounts owed to the 
     United States, and modifying concessional loans, guarantees, 
     and credit agreements.
       (2) Subsection (b)(1) shall not apply if the Secretary of 
     State determines and certifies to the Committees on 
     Appropriations that:

[[Page 5714]]

       (A) The Government of Sudan honors its pledges to cease 
     attacks upon civilians and disarms and demobilizes the 
     Janjaweed and other government-supported militias.
       (B) The Government of Sudan and all government-supported 
     militia groups are honoring their commitments made in all 
     previous cease-fire agreements.
       (C) The Government of Sudan is allowing unimpeded access to 
     Darfur to humanitarian aid organizations, the human rights 
     investigation and humanitarian teams of the United Nations, 
     including protection officers, and an international 
     monitoring team that is based in Darfur and has the support 
     of the United States.
       (3) Exceptions.--The provisions of subsection (b)(1) shall 
     not apply to--
       (A) humanitarian assistance;
       (B) assistance for the Darfur region, Southern Sudan, 
     Southern Kordofan/Nuba Mountains State, Blue Nile State, and 
     Abyei; and
       (C) assistance to support implementation of the 
     Comprehensive Peace Agreement and the Darfur Peace Agreement 
     or any other internationally-recognized viable peace 
     agreement in Sudan.
       (4) Definitions.--For the purposes of this Act, the term 
     ``Government of Sudan'' shall not include the Government of 
     Southern Sudan.
       (5) Notwithstanding any other law, assistance in this Act 
     may be made available to the Government of Southern Sudan to 
     provide non-lethal military assistance, military education 
     and training, and defense services controlled under the 
     International Traffic in Arms Regulations (22 CRF 120.1 et 
     seq.) if the Secretary of State--
       (A) determines that the provision of such items is in the 
     national interest of the United States; and
       (B) not later than 15 days before the provision of any such 
     assistance, notifies the Committees on Appropriations of such 
     determination.
       (c) Horn of Africa and Pan Sahel Program.--Funds 
     appropriated under the heading ``Economic Support Fund'' in 
     this Act that are made available for programs and activities 
     to counter extremism in the Horn of Africa and the Pan Sahel 
     region of Africa, shall be administered by the United States 
     Agency for International Development, and are in addition to 
     funds otherwise made available for such purposes.
     (d) War Crimes in Africa.--
       (1) The Congress reaffirms its support for the efforts of 
     the International Criminal Tribunal for Rwanda (ICTR) and the 
     Special Court for Sierra Leone (SCSL) to bring to justice 
     individuals responsible for war crimes and crimes against 
     humanity in a timely manner.
       (2) Funds appropriated by this Act, including funds for 
     debt restructuring, may be made available for assistance for 
     the central government of a country in which individuals 
     indicted by ICTR and SCSL are credibly alleged to be living, 
     if the Secretary of State determines and reports to the 
     Committees on Appropriations that such government is 
     cooperating with ICTR and SCSL, including the surrender and 
     transfer of indictees in a timely manner: Provided, That this 
     subsection shall not apply to assistance provided under 
     section 551 of the Foreign Assistance Act of 1961 or to 
     project assistance under title VI of this Act: Provided 
     further, That the United States shall use its voice and vote 
     in the United Nations Security Council to fully support 
     efforts by ICTR and SCSL to bring to justice individuals 
     indicted by such tribunals in a timely manner.
       (3) The prohibition in subsection (2) may be waived on a 
     country-by-country basis if the President determines that 
     doing so is in the national security interest of the United 
     States: Provided, That prior to exercising such waiver 
     authority, the President shall submit a report to the 
     Committees on Appropriations, in classified form if 
     necessary, on--
       (A) the steps being taken to obtain the cooperation of the 
     government in surrendering the indictee in question to the 
     court of jurisdiction;
       (B) a strategy, including a timeline, for bringing the 
     indictee before such court; and
       (C) the justification for exercising the waiver authority.
       (e) Zimbabwe.--
       (1) The Secretary of the Treasury shall instruct the United 
     States executive director to each international financial 
     institution to vote against any extension by the respective 
     institution of any loans to the Government of Zimbabwe, 
     except to meet basic human needs or to promote democracy, 
     unless the Secretary of State determines and reports in 
     writing to the Committees on Appropriations that the rule of 
     law has been restored in Zimbabwe, including respect for 
     ownership and title to property, freedom of speech and 
     association, and a transition government has been established 
     that reflects the will of the people as they voted in the 
     March 2008 elections.
       (2) None of the funds appropriated by this Act shall be 
     made available for assistance for the central government of 
     Zimbabwe unless the Secretary of State makes the 
     determination pursuant to subsection (e)(1).

                                  asia

       Sec. 7071. (a) Tibet.--
       (1) The Secretary of the Treasury should instruct the 
     United States executive director to each international 
     financial institution to use the voice and vote of the United 
     States to support projects in Tibet if such projects do not 
     provide incentives for the migration and settlement of non-
     Tibetans into Tibet or facilitate the transfer of ownership 
     of Tibetan land and natural resources to non-Tibetans; are 
     based on a thorough needs-assessment; foster self-sufficiency 
     of the Tibetan people and respect Tibetan culture and 
     traditions; and are subject to effective monitoring.
       (2) Notwithstanding any other provision of law, not less 
     than $7,300,000 of the funds appropriated by this Act under 
     the heading ``Economic Support Fund'' should be made 
     available to nongovernmental organizations to support 
     activities which preserve cultural traditions and promote 
     sustainable development and environmental conservation in 
     Tibetan communities in the Tibetan Autonomous Region and in 
     other Tibetan communities in China.
       (b) Burma.--
       (1) The Secretary of the Treasury shall instruct the United 
     States executive director to each appropriate international 
     financial institution in which the United States 
     participates, to oppose and vote against the extension by 
     such institution any loan or financial or technical 
     assistance or any other utilization of funds of the 
     respective bank to and for Burma.
       (2) Of the funds appropriated by this Act under the heading 
     ``Economic Support Fund'', not less than $15,000,000 shall be 
     made available to support democracy activities in Burma, 
     along the Burma-Thailand border, for activities of Burmese 
     student groups and other organizations located outside Burma, 
     and for the purpose of supporting the provision of 
     humanitarian assistance to displaced Burmese along Burma's 
     borders: Provided, That such funds may be made available 
     notwithstanding any other provision of law: Provided further, 
     That in addition to assistance for Burmese refugees provided 
     under the heading ``Migration and Refugee Assistance'' in 
     this Act, not less than $4,000,000 shall be made available 
     for community-based organizations operating in Thailand to 
     provide food, medical and other humanitarian assistance to 
     internally displaced persons in eastern Burma: Provided 
     further, That funds made available under this paragraph shall 
     be subject to the regular notification procedures of the 
     Committees on Appropriations.
       (c) Indonesia.--
       (1) Of the funds appropriated by this Act under the heading 
     ``Foreign Military Financing Program'', not to exceed 
     $15,700,000 shall be made available for assistance for 
     Indonesia, of which $2,000,000 shall be made available only 
     after the Secretary of State submits to the Committees on 
     Appropriations the report on Indonesia detailed in the 
     explanatory statement described in section 4 (in the matter 
     preceding division A of this consolidated Act) under such 
     heading.
       (2) Of the funds appropriated by this Act under the heading 
     ``Economic Support Fund'' that are available for assistance 
     for Indonesia, not less than $300,000 should be made 
     available for grants for capacity building of Indonesian 
     human rights organizations, including in Papua.
       (d) Cambodia.--Funds appropriated under the heading 
     ``Economic Support Fund'' in this Act for assistance for 
     Cambodia may be used for an endowment, and shall be made 
     available to strengthen the capacity of the Government of 
     Cambodia to combat human trafficking, notwithstanding any 
     other provision of law.
       (e) North Korea.--
       (1) Funds made available under the heading ``Migration and 
     Refugee Assistance'' in this Act shall be made available for 
     assistance for refugees from North Korea.
       (2) Of the funds made available under the heading 
     ``International Broadcasting Operations'' in title I of this 
     Act, not less than $8,000,000 shall be made available for 
     broadcasts into North Korea.
       (3) None of the funds made available under the heading 
     ``Economic Support Fund'' in fiscal year 2009 may be made 
     available for obligation for energy-related assistance for 
     North Korea unless the Secretary of State determines and 
     reports to the Committees on Appropriations that North Korea 
     is continuing to fulfill its commitments under the Six Party 
     Talks agreements.
       (f) People's Republic of China.--
       (1) Notwithstanding any other provision of law and subject 
     to the regular notification procedures of the Committees on 
     Appropriations, of the funds appropriated under the heading 
     ``Development Assistance'' in this Act, not less than 
     $11,000,000 shall be made available to United States 
     educational institutions and nongovernmental organizations 
     for programs and activities in the People's Republic of China 
     relating to the environment, governance and the rule of law.
       (2) None of the funds appropriated under the heading 
     ``Diplomatic and Consular Programs'' in this Act may be 
     obligated or expended for processing licenses for the export 
     of satellites of United States origin (including commercial 
     satellites and satellite components) to the People's Republic 
     of China unless, at least 15 days in advance, the Committees 
     on Appropriations are notified of such proposed action.

[[Page 5715]]

       (3) Not later than 180 days after enactment of this Act, 
     the Secretary of State shall submit a report to the 
     Committees on Appropriations detailing, to the extent 
     practicable, the amount of assistance provided by the 
     People's Republic of China to governments and entities in 
     Latin America and Africa during the previous calendar year, 
     and shall make such report publicly available in a timely 
     manner on the website of the Department of State and the 
     United States Agency for International Development in English 
     and Mandarin.
       (4) Of the funds appropriated under the heading 
     ``Diplomatic and Consular Programs'' in this Act, $1,000,000 
     shall be made available to the Bureau of International 
     Information Programs to disseminate information, in Mandarin, 
     in the People's Republic of China: Provided, That such 
     information shall include issues of governance, transparency, 
     corruption, rule of law, and the environment, and the 
     findings of the report required by paragraph (3) of this 
     subsection, and shall be disseminated through the Internet, 
     text messaging or other means, and directed to economically 
     depressed areas of the People's Republic of China: Provided 
     further, That such funds are in addition to funds otherwise 
     made available for such purposes: Provided further, That the 
     Department of State shall consult with the Committees on 
     Appropriations prior to the initial obligation of funds made 
     available by this subsection.
       (5) The terms and requirements of section 620(h) of the 
     Foreign Assistance Act of 1961 shall apply to foreign 
     assistance projects or activities of the People's Liberation 
     Army (PLA) of the People's Republic of China, to include such 
     projects or activities by any entity that is owned or 
     controlled by, or an affiliate of, the PLA: Provided, That 
     none of the funds appropriated or otherwise made available 
     pursuant to this Act may be used to finance any grant, 
     contract, or cooperative agreement with the PLA, or any 
     entity that the Secretary of State has reason to believe is 
     owned or controlled by, or an affiliate of, the PLA.
       (g) Philippines.--Of the funds appropriated by this Act 
     under the heading ``Foreign Military Financing Program'', not 
     to exceed $30,000,000 may be made available for assistance 
     for the Philippines, of which $2,000,000 may not be obligated 
     until the Secretary of State reports in writing to the 
     Committees on Appropriations that--
       (1) the Government of the Philippines is taking effective 
     steps to implement the recommendations of the United Nations 
     Special Rapporteur on Extra-judicial, Summary or Arbitrary 
     Executions, to include prosecutions and convictions for 
     extrajudicial executions; sustaining the decline in the 
     number of extra-judicial executions; addressing allegations 
     of a death squad in Davao City; and strengthening government 
     institutions working to eliminate extra-judicial executions;
       (2) the Government of the Philippines is implementing a 
     policy of promoting military personnel who demonstrate 
     professionalism and respect for internationally recognized 
     human rights, and is investigating and prosecuting military 
     personnel and others who have been credibly alleged to have 
     violated such rights; and
       (3) the Philippine Armed Forces do not have a policy of, 
     and are not engaging in, acts of intimidation or violence 
     against members of legal organizations who advocate for human 
     rights.
       (h) Vietnam.--Notwithstanding any other provision of law, 
     funds appropriated under the heading ``Development 
     Assistance'' in this Act may be made available for programs 
     and activities in the central highlands of Vietnam, and shall 
     be made available for environmental remediation and related 
     health activities in Vietnam.


                                 serbia

       Sec. 7072. (a) Funds appropriated by this Act may be made 
     available for assistance for the central Government of Serbia 
     after May 31, 2009, if the President has made the 
     determination and certification contained in subsection (c).
       (b) After May 31, 2009, the Secretary of the Treasury 
     should instruct the United States executive directors to the 
     international financial institutions to support loans and 
     assistance to the Government of Serbia subject to the 
     conditions in subsection (c).
       (c) The determination and certification referred to in 
     subsection (a) is a determination and a certification by the 
     President to the Committees on Appropriations that the 
     Government of Serbia is--
       (1) cooperating with the International Criminal Tribunal 
     for the former Yugoslavia including access for investigators, 
     the provision of documents, timely information on the 
     location, movement, and sources of financial support of 
     indictees, and the surrender and transfer of indictees or 
     assistance in their apprehension, including Ratko Mladic;
       (2) taking steps that are consistent with the Dayton 
     Accords to end Serbian financial, political, security and 
     other support which has served to maintain separate Republika 
     Srpska institutions; and
       (3) taking steps to implement policies which reflect a 
     respect for minority rights and the rule of law.
       (d) This section shall not apply humanitarian assistance or 
     assistance to promote democracy.

             independent states of the former soviet union

       Sec. 7073. (a) None of the funds appropriated under the 
     heading ``Assistance for Europe, Eurasia and Central Asia'' 
     shall be made available for assistance for a government of an 
     Independent State of the former Soviet Union if that 
     government directs any action in violation of the territorial 
     integrity or national sovereignty of any other Independent 
     State of the former Soviet Union, such as those violations 
     included in the Helsinki Final Act: Provided, That such funds 
     may be made available without regard to the restriction in 
     this subsection if the President determines that to do so is 
     in the national security interest of the United States.
       (b) Funds appropriated under the heading ``Assistance for 
     Europe, Eurasia and Central Asia'' for the Russian 
     Federation, Armenia, Kazakhstan, and Uzbekistan shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations.
       (c)(1) Of the funds appropriated under the heading 
     ``Assistance for Europe, Eurasia and Central Asia'' that are 
     allocated for assistance for the Government of the Russian 
     Federation, 60 percent shall be withheld from obligation 
     until the President determines and certifies in writing to 
     the Committees on Appropriations that the Government of the 
     Russian Federation--
       (A) has terminated implementation of arrangements to 
     provide Iran with technical expertise, training, technology, 
     or equipment necessary to develop a nuclear reactor, related 
     nuclear research facilities or programs, or ballistic missile 
     capability; and
       (B) is providing full access to international non-
     government organizations providing humanitarian relief to 
     refugees and internally displaced persons in Chechnya.
       (2) Paragraph (1) shall not apply to--
       (A) assistance to combat infectious diseases, child 
     survival activities, or assistance for victims of trafficking 
     in persons; and
       (B) activities authorized under title V (Nonproliferation 
     and Disarmament Programs and Activities) of the FREEDOM 
     Support Act.
       (d) Section 907 of the FREEDOM Support Act shall not apply 
     to--
       (1) activities to support democracy or assistance under 
     title V of the FREEDOM Support Act and section 1424 of Public 
     Law 104-201 or non-proliferation assistance;
       (2) any assistance provided by the Trade and Development 
     Agency under section 661 of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2421);
       (3) any activity carried out by a member of the United 
     States and Foreign Commercial Service while acting within his 
     or her official capacity;
       (4) any insurance, reinsurance, guarantee or other 
     assistance provided by the Overseas Private Investment 
     Corporation under title IV of chapter 2 of part I of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
       (5) any financing provided under the Export-Import Bank Act 
     of 1945; or
       (6) humanitarian assistance.

                  repression in the russian federation

       Sec. 7074. (a) None of the funds appropriated under the 
     heading ``Assistance for Europe, Eurasia and Central Asia'' 
     in this Act may be made available for the Government of the 
     Russian Federation, after 180 days from the date of the 
     enactment of this Act, unless the President determines and 
     certifies in writing to the Committees on Appropriations that 
     the Government of the Russian Federation: (1) has implemented 
     no statute, Executive order, regulation or similar government 
     action that would discriminate, or which has as its principal 
     effect discrimination, against religious groups or religious 
     communities in the Russian Federation in violation of 
     accepted international agreements on human rights and 
     religious freedoms to which the Russian Federation is a 
     party; and (2) is (A) honoring its international obligations 
     regarding freedom of expression, assembly, and press, as well 
     as due process; (B) investigating and prosecuting law 
     enforcement personnel credibly alleged to have committed 
     human rights abuses against political leaders, activists and 
     journalists; and (C) immediately releasing political leaders, 
     activists and journalists who remain in detention.
       (b) The Secretary of State may waive the requirements of 
     subsection (a) if the Secretary determines that to do so is 
     important to the national interests of the United States.

                              central asia

       Sec. 7075. (a) Funds appropriated by this Act may be made 
     available for assistance for the Government of Kazakhstan 
     only if the Secretary of State determines and reports to the 
     Committees on Appropriations that the Government of 
     Kazakhstan has made significant improvements in the 
     protection of human rights and civil liberties during the 
     preceding 6 month period, including by fulfilling obligations 
     recommended by the Organization for Security and Cooperation 
     in Europe (OSCE) in the areas of election procedures, media 
     freedom, freedom of religion, free assembly and minority 
     rights, and by

[[Page 5716]]

     meeting the commitments it made in connection with its 
     assumption of the Chairmanship of the OSCE in 2010.
       (b) The Secretary of State may waive subsection (a) if the 
     Secretary determines and reports to the Committees on 
     Appropriations that such a waiver is important to the 
     national security of the United States.
       (c) Not later than October 1, 2009, the Secretary of State 
     shall submit a report to the Committees on Appropriations 
     describing the following:
       (1) The defense articles, defense services, and financial 
     assistance provided by the United States to the countries of 
     Central Asia during the 12-month period ending 30 days prior 
     to submission of such report.
       (2) The use during such period of defense articles, defense 
     services, and financial assistance provided by the United 
     States by units of the armed forces, border guards, or other 
     security forces of such countries.
       (d) For purposes of this section, the term ``countries of 
     Central Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic, 
     Tajikistan, and Turkmenistan.

                               uzbekistan

       Sec. 7076. (a) Funds appropriated by this Act may be made 
     available for assistance for the central Government of 
     Uzbekistan only if the Secretary of State determines and 
     reports to the Committees on Appropriations that the 
     Government of Uzbekistan is making substantial and continuing 
     progress--
       (1) in meeting its commitments under the ``Declaration on 
     the Strategic Partnership and Cooperation Framework Between 
     the Republic of Uzbekistan and the United States of 
     America'', including respect for internationally recognized 
     human rights, establishing a genuine multi-party system, and 
     ensuring free and fair elections, freedom of expression, and 
     the independence of the media; and
       (2) in investigating and prosecuting the individuals 
     responsible for the deliberate killings of civilians in 
     Andijan in May 2005.
       (b) If the Secretary of State has credible evidence that 
     any current or former official of the Government of 
     Uzbekistan was responsible for the deliberate killings of 
     civilians in Andijan in May 2005, or for other violations of 
     internationally recognized human rights in Uzbekistan, not 
     later than 6 months after enactment of this Act any person 
     identified by the Secretary pursuant to this subsection shall 
     be ineligible for admission to the United States.
       (c) The restriction in subsection (b) shall cease to apply 
     if the Secretary determines and reports to the Committees on 
     Appropriations that the Government of Uzbekistan has taken 
     concrete and measurable steps to improve respect for 
     internationally recognized human rights, including allowing 
     peaceful political and religious expression, releasing 
     imprisoned human rights defenders, and implementing 
     recommendations made by the United Nations on torture.
       (d) The Secretary may waive the application of subsection 
     (b) if the Secretary determines that admission to the United 
     States is necessary to attend the United Nations or to 
     further United States law enforcement objectives.
       (e) For the purpose of this section ``assistance'' shall 
     include excess defense articles.

                              afghanistan

       Sec. 7077. Of the funds appropriated under titles III and 
     IV of this Act, not less than $1,041,950,000 should be made 
     available for assistance for Afghanistan, of which not less 
     than $100,000,000 shall be made available to support programs 
     that directly address the needs of Afghan women and girls, 
     including for the Afghan Independent Human Rights Commission, 
     the Afghan Ministry of Women's Affairs, and for women-led 
     nonprofit organizations in Afghanistan.

                            enterprise funds

       Sec. 7078. (a) Prior to the distribution of any assets 
     resulting from any liquidation, dissolution, or winding up of 
     an Enterprise Fund, in whole or in part, the President shall 
     submit to the Committees on Appropriations, in accordance 
     with the regular notification procedures of the Committees on 
     Appropriations, a plan for the distribution of the assets of 
     the Enterprise Fund.
       (b) Funds made available under titles III through VI of 
     this Act for Enterprise Funds shall be expended at the 
     minimum rate necessary to make timely payment for projects 
     and activities and shall be subject to the regular 
     notification procedures of the Committees on Appropriations.

                     united nations population fund

       Sec. 7079. (a) Contribution.--Of the funds made available 
     under the headings ``International Organizations and 
     Programs'' and ``Global Health and Child Survival'' in this 
     Act for fiscal year 2009, $50,000,000 shall be made available 
     for the United Nations Population Fund (UNFPA), of which not 
     more than $30,000,000 shall be derived from funds 
     appropriated under the heading ``International Organizations 
     and Programs''.
       (b) Availability of Funds.--Funds appropriated by this Act 
     for UNFPA, that are not made available because of the 
     operation of any provision of law, shall be made available to 
     UNFPA notwithstanding any such provision of law, subject to 
     the regular notification procedures of the Committees on 
     Appropriations, only for the following purposes and subject 
     to the provisions of this section--
       (1) provide and distribute equipment, medicine, and 
     supplies, including safe delivery kits and hygiene kits, to 
     ensure safe childbirth and emergency obstetric care;
       (2) make available supplies of contraceptives for the 
     prevention of unintended pregnancies and the spread of 
     sexually transmitted infections, including HIV/AIDS;
       (3) prevent and treat cases of obstetric fistula;
       (4) reestablish maternal health services in areas where 
     medical infrastructure and such services have been destroyed 
     or limited by natural disasters, armed conflict, or other 
     factors;
       (5) promote abandonment of female genital mutilation and 
     cutting and child marriage; and
       (6) promote access to basic services, including clean 
     water, sanitation facilities, food, and health care, for poor 
     women and girls.
       (c) Prohibition on Use of Funds in China.--None of the 
     funds made available by this Act may be used by UNFPA for a 
     country program in the People's Republic of China.
       (d) Conditions on Availability of Funds.--Funds made 
     available by this Act for UNFPA may be made available if--
       (1) UNFPA maintains funds made available by this Act in an 
     account separate from other accounts of UNFPA and does not 
     commingle such funds with other sums; and
       (2) UNFPA does not fund abortions.
       (e) Report to Congress and Witholding of Funds.--
       (1) Not later than 60 days after the date of enactment of 
     this Act, the Secretary of State shall submit a report to the 
     Committees on Appropriations indicating the amount of funds 
     that the UNFPA is budgeting for the year in which the report 
     is submitted for a country program in the People's Republic 
     of China.
       (2) If the report under this subparagraph indicates that 
     the UNFPA plans to spend funds for a country program in the 
     People's Republic of China in the year covered by the report, 
     then the amount of such funds the UNFPA plans to spend in the 
     People's Republic of China shall be deducted from the funds 
     made available to the UNFPA after March 1 for obligation for 
     the remainder of the fiscal year in which the report is 
     submitted.


                 prohibition on publicity or propaganda

       Sec. 7080. No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes within 
     the United States not authorized before the date of the 
     enactment of this Act by the Congress: Provided, That not to 
     exceed $25,000 may be made available to carry out the 
     provisions of section 316 of Public Law 96-533.


                                  opic

                     (including transfer of funds)

       Sec. 7081. (a) Authority.--Notwithstanding section 
     235(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2195(a)(2)), the authority of subsections (a) through (c) of 
     section 234 of such Act shall remain in effect through 
     September 30, 2009.
       (b) Funding.--Whenever the President determines that it is 
     in furtherance of the purposes of the Foreign Assistance Act 
     of 1961, up to a total of $20,000,000 of the funds 
     appropriated under title III of this Act may be transferred 
     to, and merged with, funds appropriated by this Act for the 
     Overseas Private Investment Corporation Program Account, to 
     be subject to the terms and conditions of that account: 
     Provided, That such funds shall not be available for 
     administrative expenses of the Overseas Private Investment 
     Corporation: Provided further, That designated funding levels 
     in this Act shall not be transferred pursuant to this 
     section: Provided further, That the exercise of such 
     authority shall be subject to the regular notification 
     procedures of the Committees on Appropriations.

                              extradition

       Sec. 7082. (a) None of the funds appropriated in this Act 
     may be used to provide assistance (other than funds provided 
     under the headings ``International Narcotics Control and Law 
     Enforcement'', ``Migration and Refugee Assistance'', 
     ``Emergency Migration and Refugee Assistance'', and 
     ``Nonproliferation, Anti-terrorism, Demining and Related 
     Assistance'') for the central government of a country which 
     has notified the Department of State of its refusal to 
     extradite to the United States any individual indicted for a 
     criminal offense for which the maximum penalty is life 
     imprisonment without the possibility of parole or for killing 
     a law enforcement officer, as specified in a United States 
     extradition request.
       (b) Subsection (a) shall only apply to the central 
     government of a country with which the United States 
     maintains diplomatic relations and with which the United 
     States has an extradition treaty and the government of that 
     country is in violation of the terms and conditions of the 
     treaty.
       (c) The Secretary of State may waive the restriction in 
     subsection (a) on a case-by-case basis if the Secretary 
     certifies to the Committees on Appropriations that such 
     waiver is important to the national interests of the United 
     States.

[[Page 5717]]




                         ENERGY AND ENVIRONMENT

       Sec. 7083. (a) Clean Energy.--Of the funds appropriated by 
     title III of this Act, not less than $100,000,000 shall be 
     made available to the United States Agency for International 
     Development (USAID), in addition to funds otherwise made 
     available for such purposes, for programs and activities that 
     reduce global warming by promoting the sustainable use of 
     renewable energy technologies and energy efficient end-use 
     technologies, carbon sequestration, and carbon accounting.
       (b) Climate Change Adaptation.--Of the funds appropriated 
     by this Act, up to $10,000,000 shall be made available for a 
     United States contribution to the Least Developed Countries 
     Fund to support grants for climate change adaptation programs 
     and activities, if the Global Environment Facility makes 
     publicly available on its website an annual report detailing 
     the criteria used to determine which programs and activities 
     receive funds, the manner in which such programs and 
     activities meet such criteria, the extent of local 
     involvement in such programs and activities, the amount of 
     funds provided, and the results achieved.
       (c) Biodiversity.--Of the funds appropriated by title III 
     of this Act and by prior Acts for fiscal year 2009, not less 
     than $195,000,000 shall be made available for programs and 
     activities which directly protect biodiversity, including 
     tropical forests and wildlife, in developing countries, of 
     which not less than $25,000,000 shall be made available for 
     USAID's conservation programs in the Amazon Basin: Provided, 
     That of the funds made available under this paragraph, not 
     less than $17,500,000 shall be made available for the Congo 
     Basin Forest Partnership of which not less than $2,500,000 
     shall be made available to the United States Fish and 
     Wildlife Service for conservation programs in Africa: 
     Provided further, That funds appropriated by this Act to 
     carry out the provisions of sections 103 through 106, and 
     chapter 4 of part II, of the Foreign Assistance Act of 1961 
     may be used, notwithstanding any other provision of law, for 
     the purpose of supporting tropical forestry and biodiversity 
     conservation activities and energy programs aimed at reducing 
     greenhouse gas emissions: Provided further, That funds 
     appropriated under the heading ``Development Assistance'' may 
     be made available as a contribution to the Galapagos Invasive 
     Species Fund.
       (d)(1) Extraction of Natural Resources.--The Secretary of 
     the Treasury shall inform the managements of the 
     international financial institutions and the public that it 
     is the policy of the United States to oppose any assistance 
     by such institutions (including but not limited to any loan, 
     credit, grant, or guarantee) for the extraction and export of 
     oil, gas, coal, timber, or other natural resource unless the 
     government of the country has in place functioning systems 
     for: (i) accurately accounting for payments for companies 
     involved in the extraction and export of natural resources; 
     (ii) the independent auditing of accounts receiving such 
     payments and the widespread public dissemination of the 
     findings of such audits; and (iii) verifying government 
     receipts against company payments including widespread 
     dissemination of such payment information, and disclosing 
     such documents as Host Government Agreements, Concession 
     Agreements, and bidding documents, allowing in any such 
     dissemination or disclosure for the redaction of, or 
     exceptions for, information that is commercially proprietary 
     or that would create competitive disadvantage.
       (2) Not later than 180 days after the enactment of this 
     Act, the Secretary of the Treasury shall submit a report to 
     the Committees on Appropriations describing, for each 
     international financial institution, the amount and type of 
     assistance provided, by country, for the extraction and 
     export of oil, gas, coal, timber, or other natural resources 
     in the preceeding 12 months, and whether each institution 
     considered, in its proposal for such assistance, the extent 
     to which the country has functioning systems described in 
     paragraph (1).

                  prohibition on promotion of tobacco

       Sec. 7084. None of the funds provided by this Act shall be 
     available to promote the sale or export of tobacco or tobacco 
     products, or to seek the reduction or removal by any foreign 
     country of restrictions on the marketing of tobacco or 
     tobacco products, except for restrictions which are not 
     applied equally to all tobacco or tobacco products of the 
     same type.


                 commercial leasing of defense articles

       Sec. 7085. Notwithstanding any other provision of law, and 
     subject to the regular notification procedures of the 
     Committees on Appropriations, the authority of section 23(a) 
     of the Arms Export Control Act may be used to provide 
     financing to Israel, Egypt and NATO and major non-NATO allies 
     for the procurement by leasing (including leasing with an 
     option to purchase) of defense articles from United States 
     commercial suppliers, not including Major Defense Equipment 
     (other than helicopters and other types of aircraft having 
     possible civilian application), if the President determines 
     that there are compelling foreign policy or national security 
     reasons for those defense articles being provided by 
     commercial lease rather than by government-to-government sale 
     under such Act.


                            anti-kleptocracy

       Sec. 7086. (a) In furtherance of the National Strategy to 
     Internationalize Efforts Against Kleptocracy and Presidential 
     Proclamation 7750, the Secretary of State shall compile and 
     maintain a list of officials of foreign governments and their 
     immediate family members who the Secretary has credible 
     evidence have been involved in corruption relating to the 
     extraction of natural resources in their countries.
       (b) Any individual on the list compiled under subsection 
     (a) shall be ineligible for admission to the United States.
       (c) The Secretary may waive the application of subsection 
     (b) if the Secretary determines that admission to the United 
     States is necessary to attend the United Nations or to 
     further United States law enforcement objectives, or that the 
     circumstances which caused the individual to be included on 
     the list have changed sufficiently to justify the removal of 
     the individual from the list.
       (d) Not later than 90 days after enactment of this Act and 
     180 days thereafter, the Secretary of State shall report in 
     writing, in classified form if necessary, to the Committees 
     on Appropriations describing the evidence of corruption 
     concerning individuals listed pursuant to subsection (a).


                     training and equipment reports

       Sec. 7087. (a) The annual foreign military training report 
     required by section 656 of the Foreign Assistance Act of 1961 
     shall be submitted by the Secretary of Defense and the 
     Secretary of State to the Committees on Appropriations by the 
     date specified in that section.
       (b) Not later than 90 days after enactment of this Act, the 
     Secretary of State, in consultation with other relevant 
     United States Government agencies, shall submit to the 
     Committees on Appropriations a report detailing the equipment 
     to be purchased with funds appropriated or otherwise made 
     available under the headings ``Andean Counterdrug Programs'', 
     ``International Narcotics Control and Law Enforcement'', and 
     ``Foreign Military Financing Program'' in this Act: Provided, 
     That such report shall include a description of the 
     anticipated costs associated with the operation and 
     maintenance of such equipment in subsequent fiscal years: 
     Provided further, That for the purposes of this subsection, 
     ``equipment'' shall be defined as any aircraft, vessel, boat 
     or vehicle.


                    TRANSPARENCY AND ACCOUNTABILITY

       Sec. 7088. (a) United Nations.--Funds made available by 
     this Act shall be made available to continue reform efforts 
     at the United Nations: Provided, That not later than 
     September 30, 2009, the Secretary of State shall submit a 
     report to the Committees on Appropriations detailing actions 
     taken by United Nations organizations under the headings 
     ``Contributions to International Organizations'' and 
     ``International Organizations and Programs'' to continue 
     reform of United Nations financial management systems and 
     program oversight.
       (b) World Bank.--Section 668(c)(1) of the Consolidated 
     Appropriations Act, 2008 (Public Law 110-161) is amended by 
     striking ``that'' and inserting ``on the extent to which''.
       (c) National Budget Transparency.--
       (1) None of the funds appropriated by this Act may be made 
     available for assistance for the central government of any 
     country that fails to make publicly available on an annual 
     basis its national budget, to include income and 
     expenditures.
       (2) The Secretary of State may waive the requirements of 
     paragraph (1) on a country-by-country basis if the Secretary 
     reports to the Committees on Appropriations that to do so is 
     important to the national interest of the United States.


                          disability programs

       Sec. 7089. (a) Of the funds appropriated by this Act under 
     the heading ``Economic Support Fund'', not less than 
     $4,000,000 shall be made available for programs and 
     activities administered by the United States Agency for 
     International Development (USAID) to address the needs and 
     protect the rights of people with disabilities in developing 
     countries, and for programs to make publicly available 
     information on independent living, advocacy, education, and 
     transportation for people with disabilities and disability 
     advocacy organizations in developing countries, including for 
     the cost of translation.
       (b) Funds appropriated under the heading ``Operating 
     Expenses'' in title II of this Act shall be made available to 
     develop and implement training for staff in overseas USAID 
     missions to promote the full inclusion and equal 
     participation of people with disabilities in developing 
     countries.
       (c) The Secretary of State, the Secretary of the Treasury, 
     and the USAID Administrator shall seek to ensure that, where 
     appropriate, construction projects funded by this Act are 
     accessible to people with disabilities and in compliance with 
     the USAID Policy on Standards for Accessibility for the 
     Disabled, or other similar accessibility standards.
       (d) Of the funds made available pursuant to subsection (a), 
     not more than 7 percent may be for management, oversight and 
     technical support.

[[Page 5718]]




               ORPHANS, DISPLACED AND ABANDONED CHILDREN

       Sec. 7090. Of the funds appropriated under title III of 
     this Act, $3,000,000 should be made available for activities 
     to improve the capacity of foreign government agencies and 
     nongovernmental organizations to prevent child abandonment, 
     address the needs of orphans, displaced and abandoned 
     children and provide permanent homes through family 
     reunification, guardianship and domestic adoptions: Provided, 
     That funds made available under title III of this Act should 
     be made available, as appropriate, consistent with--
       (1) the goal of enabling children to remain in the care of 
     their family of origin, but when not possible, placing 
     children in permanent homes through adoption;
       (2) the principle that such placements should be based on 
     informed consent which has not been induced by payment or 
     compensation;
       (3) the view that long-term foster care or 
     institutionalization are not permanent options and should be 
     used when no other suitable permanent options are available; 
     and
       (4) the recognition that programs that protect and support 
     families can reduce the abandonment and exploitation of 
     children.


                               SRI LANKA

       Sec. 7091. (a) None of the funds appropriated by this Act 
     under the heading ``Foreign Military Financing Program'' may 
     be made available for assistance for Sri Lanka, no defense 
     export license may be issued, and no military equipment or 
     technology shall be sold or transferred to Sri Lanka pursuant 
     to the authorities contained in this Act or any other Act, 
     until the Secretary of State certifies to the Committee on 
     Appropriations that--
       (1) the Sri Lankan military is suspending and the 
     Government of Sri Lanka is bringing to justice members of the 
     military who have been credibly alleged to have violated 
     internationally recognized human rights or international 
     humanitarian law, including complicity in the recruitment of 
     child soldiers;
       (2) the Government of Sri Lanka is providing access to 
     humanitarian organizations and journalists throughout the 
     country consistent with international humanitarian law; and
       (3) the Government of Sri Lanka has agreed to the 
     establishment of a field presence of the Office of the United 
     Nations High Commissioner for Human Rights in Sri Lanka with 
     sufficient staff and mandate to conduct full and unfettered 
     monitoring throughout the country and to publicize its 
     findings.
       (b) Subsection (a) shall not apply to technology or 
     equipment made available for the limited purposes of maritime 
     and air surveillance, including communications equipment 
     previously committed or approved for the limited purposes of 
     air and maritime surveillance.

                     export-import bank rescission

                        (including rescissions)

       Sec. 7092. (a) Of the funds appropriated under the heading 
     ``Subsidy Appropriation'' for the Export-Import Bank of the 
     United States that are available for tied-aid grants in prior 
     Acts making appropriations for foreign operations, export 
     financing, and related programs, $17,000,000 are rescinded.
       (b) Of the unobligated balances available under the heading 
     ``Subsidy Appropriation'' for the Export-Import Bank of the 
     United States in Public Law 109-102, $27,000,000 are 
     rescinded.
       This division may be cited as the ``Department of State, 
     Foreign Operations, and Related Programs Appropriations Act, 
     2009''.

DIVISION I--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED 
                    AGENCIES APPROPRIATONS ACT, 2009

                                TITLE I

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary


                         salaries and expenses

       For necessary expenses of the Office of the Secretary, 
     $98,248,000, of which not to exceed $2,400,000 shall be 
     available for the immediate Office of the Secretary; not to 
     exceed $759,000 shall be available for the immediate Office 
     of the Deputy Secretary; not to exceed $19,838,000 shall be 
     available for the Office of the General Counsel; not to 
     exceed $10,107,000 shall be available for the Office of the 
     Under Secretary of Transportation for Policy; not to exceed 
     $10,200,000 shall be available for the Office of the 
     Assistant Secretary for Budget and Programs; not to exceed 
     $2,400,000 shall be available for the Office of the Assistant 
     Secretary for Governmental Affairs; not to exceed $26,000,000 
     shall be available for the Office of the Assistant Secretary 
     for Administration; not to exceed $2,020,000 shall be 
     available for the Office of Public Affairs; not to exceed 
     $1,595,000 shall be available for the Office of the Executive 
     Secretariat; not to exceed $1,369,000 shall be available for 
     the Office of Small and Disadvantaged Business Utilization; 
     not to exceed $8,675,000 for the Office of Intelligence, 
     Security, and Emergency Response; and not to exceed 
     $12,885,000 shall be available for the Office of the Chief 
     Information Officer: Provided, That the Secretary of 
     Transportation is authorized to transfer funds appropriated 
     for any office of the Office of the Secretary to any other 
     office of the Office of the Secretary: Provided further, That 
     no appropriation for any office shall be increased or 
     decreased by more than 5 percent by all such transfers: 
     Provided further, That notice of any change in funding 
     greater than 5 percent shall be submitted for approval to the 
     House and Senate Committees on Appropriations: Provided 
     further, That not to exceed $60,000 shall be for allocation 
     within the Department for official reception and 
     representation expenses as the Secretary may determine: 
     Provided further, That notwithstanding any other provision of 
     law, excluding fees authorized in Public Law 107-71, there 
     may be credited to this appropriation up to $2,500,000 in 
     funds received in user fees: Provided further, That none of 
     the funds provided in this Act shall be available for the 
     position of Assistant Secretary for Public Affairs: Provided 
     further, That of the funds provided under this heading, 
     $100,000 shall be provided through reimbursement to the 
     Department of Transportation's Office of Inspector General to 
     audit the Working Capital Fund's financial statements.


                      Financial Management Capital

       For necessary expenses for upgrading and enhancing the 
     Department of Transportation's financial systems, and 
     reengineering business processes, $5,000,000, to remain 
     available until expended.


                         Office of Civil Rights

       For necessary expenses of the Office of Civil Rights, 
     $9,384,000.


           Transportation Planning, Research, and Development

       For necessary expenses for conducting transportation 
     planning, research, systems development, development 
     activities, and making grants, to remain available until 
     expended, $18,300,000.


                          Working Capital Fund

       Necessary expenses for operating costs and capital outlays 
     of the Working Capital Fund, not to exceed $128,094,000, 
     shall be paid from appropriations made available to the 
     Department of Transportation: Provided, That such services 
     shall be provided on a competitive basis to entities within 
     the Department of Transportation: Provided further, That the 
     above limitation on operating expenses shall not apply to 
     non-DOT entities: Provided further, That no funds 
     appropriated in this Act to an agency of the Department shall 
     be transferred to the Working Capital Fund without the 
     approval of the agency modal administrator: Provided further, 
     That no assessments may be levied against any program, budget 
     activity, subactivity or project funded by this Act unless 
     notice of such assessments and the basis therefor are 
     presented to the House and Senate Committees on 
     Appropriations and are approved by such Committees.


               Minority Business Resource Center Program

       For the cost of guaranteed loans, $353,000, as authorized 
     by 49 U.S.C. 332: Provided, That such costs, including the 
     cost of modifying such loans, shall be as defined in section 
     502 of the Congressional Budget Act of 1974: Provided 
     further, That these funds are available to subsidize total 
     loan principal, any part of which is to be guaranteed, not to 
     exceed $18,367,000. In addition, for administrative expenses 
     to carry out the guaranteed loan program, $559,000.


                       Minority Business Outreach

       For necessary expenses of Minority Business Resource Center 
     outreach activities, $3,056,000, to remain available until 
     September 30, 2010: Provided, That notwithstanding 49 U.S.C. 
     332, these funds may be used for business opportunities 
     related to any mode of transportation.


                        Payments to Air Carriers

                    (Airport and Airway Trust Fund)

                     (including transfer of funds)

       In addition to funds made available from any other source 
     to carry out the essential air service program under 49 
     U.S.C. 41731 through 41742, $73,013,000, to be derived from 
     the Airport and Airway Trust Fund, to remain available until 
     expended: Provided, That, in determining between or among 
     carriers competing to provide service to a community, the 
     Secretary may consider the relative subsidy requirements of 
     the carriers: Provided further, That, if the funds under this 
     heading are insufficient to meet the costs of the essential 
     air service program in the current fiscal year, the Secretary 
     shall transfer such sums as may be necessary to carry out the 
     essential air service program from any available amounts 
     appropriated to or directly administered by the Office of the 
     Secretary for such fiscal year.


                     Compensation for Air Carriers

                              (rescission)

       Of the amounts made available under this heading, all 
     unobligated balances as of the date of enactment of this Act 
     are hereby permanently rescinded.


  Administrative Provisions--Office of the Secretary of Transportation

       Sec. 101. The Secretary of Transportation is authorized to 
     transfer the unexpended balances available for the bonding 
     assistance program from ``Office of the Secretary, Salaries 
     and expenses'' to ``Minority Business Outreach''.

[[Page 5719]]

       Sec. 102. None of the funds made available in this Act to 
     the Department of Transportation may be obligated for the 
     Office of the Secretary of Transportation to approve 
     assessments or reimbursable agreements pertaining to funds 
     appropriated to the modal administrations in this Act, except 
     for activities underway on the date of enactment of this Act, 
     unless such assessments or agreements have completed the 
     normal reprogramming process for Congressional notification.
       Sec. 103. None of the funds made available under this Act 
     may be obligated or expended to establish or implement a 
     program under which essential air service communities are 
     required to assume subsidy costs commonly referred to as the 
     EAS local participation program.
       Sec. 104. The Secretary or his or her designee may engage 
     in activities with States and State legislators to consider 
     proposals related to the reduction of motorcycle fatalities.

                    Federal Aviation Administration


                               Operations

                    (airport and airway trust fund)

       For necessary expenses of the Federal Aviation 
     Administration, not otherwise provided for, including 
     operations and research activities related to commercial 
     space transportation, administrative expenses for research 
     and development, establishment of air navigation facilities, 
     the operation (including leasing) and maintenance of 
     aircraft, subsidizing the cost of aeronautical charts and 
     maps sold to the public, lease or purchase of passenger motor 
     vehicles for replacement only, in addition to amounts made 
     available by Public Law 108-176, $9,042,467,000, of which 
     $5,238,005,000 shall be derived from the Airport and Airway 
     Trust Fund, of which not to exceed $7,099,019,000 shall be 
     available for air traffic organization activities; not to 
     exceed $1,164,597,000 shall be available for aviation safety 
     activities; not to exceed $14,094,000 shall be available for 
     commercial space transportation activities; not to exceed 
     $111,004,000 shall be available for financial services 
     activities; not to exceed $96,091,000 shall be available for 
     human resources program activities; not to exceed 
     $331,000,000 shall be available for region and center 
     operations and regional coordination activities; not to 
     exceed $180,859,000 shall be available for staff offices; and 
     not to exceed $46,500,000 shall be available for information 
     services: Provided, That not to exceed 2 percent of any 
     budget activity, except for aviation safety budget activity, 
     may be transferred to any budget activity under this heading: 
     Provided further, That no transfer may increase or decrease 
     any appropriation by more than 2 percent: Provided further, 
     That any transfer in excess of 2 percent shall be treated as 
     a reprogramming of funds under section 405 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section: 
     Provided further, That the Secretary utilize not less than 
     $10,000,000 of the funds provided for aviation safety 
     activities to pay for staff increases in the Office of 
     Aviation Flight Standards and the Office of Aircraft 
     Certification: Provided further, That not later than March 31 
     of each fiscal year hereafter, the Administrator of the 
     Federal Aviation Administration shall transmit to Congress an 
     annual update to the report submitted to Congress in December 
     2004 pursuant to section 221 of Public Law 108-176: Provided 
     further, That the amount herein appropriated shall be reduced 
     by $100,000 for each day after March 31 that such report has 
     not been submitted to the Congress: Provided further, That 
     funds may be used to enter into a grant agreement with a 
     nonprofit standard-setting organization to assist in the 
     development of aviation safety standards: Provided further, 
     That none of the funds in this Act shall be available for new 
     applicants for the second career training program: Provided 
     further, That none of the funds in this Act shall be 
     available for the Federal Aviation Administration to finalize 
     or implement any regulation that would promulgate new 
     aviation user fees not specifically authorized by law after 
     the date of the enactment of this Act: Provided further, That 
     there may be credited to this appropriation funds received 
     from States, counties, municipalities, foreign authorities, 
     other public authorities, and private sources, for expenses 
     incurred in the provision of agency services, including 
     receipts for the maintenance and operation of air navigation 
     facilities, and for issuance, renewal or modification of 
     certificates, including airman, aircraft, and repair station 
     certificates, or for tests related thereto, or for processing 
     major repair or alteration forms: Provided further, That of 
     the funds appropriated under this heading, not less than 
     $9,000,000 shall be for the contract tower cost-sharing 
     program: Provided further, That none of the funds in this Act 
     shall be available for paying premium pay under 5 U.S.C. 
     5546(a) to any Federal Aviation Administration employee 
     unless such employee actually performed work during the time 
     corresponding to such premium pay: Provided further, That 
     none of the funds in this Act for aeronautical charting and 
     cartography are available for activities conducted by, or 
     coordinated through, the Working Capital Fund: Provided 
     further, That none of the funds in this Act may be obligated 
     or expended for an employee of the Federal Aviation 
     Administration to purchase a store gift card or gift 
     certificate through use of a Government-issued credit card.


                        Facilities and Equipment

                    (airport and airway trust fund)

       For necessary expenses, not otherwise provided for, for 
     acquisition, establishment, technical support services, 
     improvement by contract or purchase, and hire of air 
     navigation and experimental facilities and equipment, as 
     authorized under part A of subtitle VII of title 49, United 
     States Code, including initial acquisition of necessary sites 
     by lease or grant; engineering and service testing, including 
     construction of test facilities and acquisition of necessary 
     sites by lease or grant; construction and furnishing of 
     quarters and related accommodations for officers and 
     employees of the Federal Aviation Administration stationed at 
     remote localities where such accommodations are not 
     available; and the purchase, lease, or transfer of aircraft 
     from funds available under this heading, including aircraft 
     for aviation regulation and certification; to be derived from 
     the Airport and Airway Trust Fund, $2,742,095,000, of which 
     $2,281,595,000 shall remain available until September 30, 
     2011, and of which $460,500,000 shall remain available until 
     September 30, 2009: Provided, That there may be credited to 
     this appropriation funds received from States, counties, 
     municipalities, other public authorities, and private 
     sources, for expenses incurred in the establishment and 
     modernization of air navigation facilities: Provided further, 
     That upon initial submission to the Congress of the fiscal 
     year 2010 President's budget, the Secretary of Transportation 
     shall transmit to the Congress a comprehensive capital 
     investment plan for the Federal Aviation Administration which 
     includes funding for each budget line item for fiscal years 
     2010 through 2014, with total funding for each year of the 
     plan constrained to the funding targets for those years as 
     estimated and approved by the Office of Management and 
     Budget: Provided further, That the Secretary of 
     Transportation shall conduct an analysis that compares the 
     current status of air traffic management and the national 
     airspace system to the planned architecture of the ``next 
     generation'' air transportation system: Provided further, 
     That upon initial submission to the Congress of the fiscal 
     year 2010 President's budget, the Secretary of Transportation 
     shall transmit to the Congress an interim architecture for 
     the ``next generation'' air transportation system that 
     establishes a list of priority capabilities to be achieved by 
     2017 and provides an estimated cost for each of those 
     priorities.


                 Research, Engineering, and Development

                    (airport and airway trust fund)

       For necessary expenses, not otherwise provided for, for 
     research, engineering, and development, as authorized under 
     part A of subtitle VII of title 49, United States Code, 
     including construction of experimental facilities and 
     acquisition of necessary sites by lease or grant, 
     $171,000,000, to be derived from the Airport and Airway Trust 
     Fund and to remain available until September 30, 2011: 
     Provided, That there may be credited to this appropriation as 
     offsetting collections, funds received from States, counties, 
     municipalities, other public authorities, and private 
     sources, which shall be available for expenses incurred for 
     research, engineering, and development.


                       Grants-in-Aid for Airports

                (liquidation of contract authorization)

                      (limitation on obligations)

                    (airport and airway trust fund)

       For liquidation of obligations incurred for grants-in-aid 
     for airport planning and development, and noise compatibility 
     planning and programs as authorized under subchapter I of 
     chapter 471 and subchapter I of chapter 475 of title 49, 
     United States Code, and under other law authorizing such 
     obligations; for procurement, installation, and commissioning 
     of runway incursion prevention devices and systems at 
     airports of such title; for grants authorized under section 
     41743 of title 49, United States Code; and for inspection 
     activities and administration of airport safety programs, 
     including those related to airport operating certificates 
     under section 44706 of title 49, United States Code, 
     $3,600,000,000 to be derived from the Airport and Airway 
     Trust Fund and to remain available until expended: Provided, 
     That none of the funds under this heading shall be available 
     for the planning or execution of programs the obligations for 
     which are in excess of $3,514,500,000 in fiscal year 2009, 
     notwithstanding section 47117(g) of title 49, United States 
     Code: Provided further, That none of the funds under this 
     heading shall be available for the replacement of baggage 
     conveyor systems, reconfiguration of terminal baggage areas, 
     or other airport improvements that are necessary to install 
     bulk explosive detection systems: Provided further, That 
     notwithstanding any other provision of law, of funds limited 
     under this heading, not more than $87,454,000 shall be 
     obligated for administration, not less than $15,000,000 shall 
     be available for the airport cooperative research program, 
     not less than $19,348,000 shall be for Airport Technology 
     Research, and $8,000,000, to remain available until expended, 
     shall be available and transferred to

[[Page 5720]]

     ``Office of the Secretary, Salaries and Expenses'' to carry 
     out the Small Community Air Service Development Program.


                              (rescission)

       Of the amounts authorized under sections 48103 and 48112 of 
     title 49, United States Code, $80,000,000 are permanently 
     rescinded from amounts authorized for the fiscal year ending 
     September 30, 2009.


       Administrative Provisions--Federal Aviation Administration

       Sec. 110. None of the funds in this Act may be used to 
     compensate in excess of 600 technical staff-years under the 
     federally funded research and development center contract 
     between the Federal Aviation Administration and the Center 
     for Advanced Aviation Systems Development during fiscal year 
     2009.
       Sec. 111. None of the funds in this Act shall be used to 
     pursue or adopt guidelines or regulations requiring airport 
     sponsors to provide to the Federal Aviation Administration 
     without cost building construction, maintenance, utilities 
     and expenses, or space in airport sponsor-owned buildings for 
     services relating to air traffic control, air navigation, or 
     weather reporting: Provided, That the prohibition of funds in 
     this section does not apply to negotiations between the 
     agency and airport sponsors to achieve agreement on ``below-
     market'' rates for these items or to grant assurances that 
     require airport sponsors to provide land without cost to the 
     FAA for air traffic control facilities.
       Sec. 112. The Administrator of the Federal Aviation 
     Administration may reimburse amounts made available to 
     satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49 
     U.S.C. 45303: Provided, That during fiscal year 2009, 49 
     U.S.C. 41742(b) shall not apply, and any amount remaining in 
     such account at the close of that fiscal year may be made 
     available to satisfy section 41742(a)(1) for the subsequent 
     fiscal year.
       Sec. 113. Amounts collected under section 40113(e) of title 
     49, United States Code, shall be credited to the 
     appropriation current at the time of collection, to be merged 
     with and available for the same purposes of such 
     appropriation.
       Sec. 114.  None of the funds appropriated or limited by 
     this Act may be used to change weight restrictions or prior 
     permission rules at Teterboro airport in Teterboro, New 
     Jersey.
       Sec. 115. (a) No funds provided in this Act may be used by 
     the Secretary of Transportation to promulgate regulations or 
     take any action regarding the scheduling of airline 
     operations at any commercial airport in the United States if 
     such regulation or action involves:
       (1) the auctioning by the Secretary or the FAA 
     Administrator of rights or permission to conduct airline 
     operations at such an airport,
       (2) the implementation by said Secretary or Administrator 
     of peak-period or other forms of congestion pricing at such 
     an airport,
       (3) either:
       (A) withdrawal by the Secretary or Administrator of a right 
     or permission to conduct operations at such an airport 
     (except when the withdrawal is for operational reasons or 
     pursuant to the terms or conditions of such operating right 
     or permission), or
       (B) requiring a carrier to transfer involuntarily any such 
     right or permission to another person,
       (4) the charging by the Secretary or Administrator of a fee 
     for the right or permission to use navigable airspace at such 
     an airport, or
       (5) requiring or providing incentives or disincentives to 
     airport proprietors to take such actions themselves.
       (b) Nothing in this section shall be construed to:
       (1) prohibit the Secretary or the Administrator from 
     imposing per-operation limitations on airports for the 
     purpose of alleviating congestion at such airports,
       (2) prohibit individual airports from implementing peak-
     period or other congestion pricing at such airports, 
     consistent with regulations pertaining to airport rates and 
     charges, or
       (3) limit the ability of a State, political subdivision of 
     a State, or political authority of at least two States that 
     owns or operates a commercial airport from carrying out its 
     proprietary powers and rights.
       Sec. 116. None of the funds limited by this Act for grants 
     under the Airport Improvement Program shall be made available 
     to the sponsor of a commercial service airport if such 
     sponsor fails to agree to a request from the Secretary of 
     Transportation for cost-free space in a non-revenue 
     producing, public use area of the airport terminal or other 
     airport facilities for the purpose of carrying out a public 
     service air passenger rights and consumer outreach campaign.
       Sec. 117. Within 60 days of the publication date of any 
     Government Accountability Office report reviewing the Federal 
     Aviation Administration's project to redesign the airspace 
     over the New York, New Jersey, and Philadelphia region, the 
     Administrator of the Federal Aviation Administration shall 
     report in writing to the Committee on Appropriations and the 
     Committee on Commerce, Science, and Transportation, on 
     actions the agency intends to take in order to address any 
     concerns and recommendations identified in the Government 
     Accountability Office report.
       Sec. 118. The Secretary shall apportion to the sponsor of 
     an airport that received scheduled or unscheduled air service 
     from a large certified air carrier (as defined in part 241 of 
     title 14 Code of Federal Regulations, or such other 
     regulations as may be issued by the Secretary under the 
     authority of section 41709) an amount equal to the minimum 
     apportionment specified in 49 U.S.C. 47114(c), if the 
     Secretary determines that airport had more than 10,000 
     passenger boardings in the preceding calendar year, based on 
     data submitted to the Secretary under part 241 of title 14, 
     Code of Federal Regulations.

                     Federal Highway Administration


                 limitation on administrative expenses

                     (including transfer of funds)

       Not to exceed $390,000,000, together with advances and 
     reimbursements received by the Federal Highway 
     Administration, shall be paid in accordance with law from 
     appropriations made available by this Act to the Federal 
     Highway Administration for necessary expenses for 
     administration and operation. In addition, not to exceed 
     $3,524,000 shall be paid from appropriations made available 
     by this Act and transferred to the Department of 
     Transportation's Office of Inspector General for costs 
     associated with audits and investigations of projects and 
     programs of the Federal Highway Administration, and not to 
     exceed $300,000 shall be paid from appropriations made 
     available by this Act and provided to that office through 
     reimbursement to conduct the annual audits of financial 
     statements in accordance with section 3521 of title 31, 
     United States Code. In addition, not to exceed $3,124,000 
     shall be paid from appropriations made available by this Act 
     and transferred to the Appalachian Regional Commission in 
     accordance with section 104 of title 23, United States Code.


                          Federal-Aid Highways

                      (limitation on obligations)

                          (highway trust fund)

       None of the funds in this Act shall be available for the 
     implementation or execution of programs, the obligations for 
     which are in excess of $40,700,000,000 for Federal-aid 
     highways and highway safety construction programs for fiscal 
     year 2009: Provided, That within the $40,700,000,000 
     obligation limitation on Federal-aid highways and highway 
     safety construction programs, not more than $429,800,000 
     shall be available for the implementation or execution of 
     programs for transportation research (chapter 5 of title 23, 
     United States Code; sections 111, 5505, and 5506 of title 49, 
     United States Code; and title 5 of Public Law 109-59) for 
     fiscal year 2009: Provided further, That this limitation on 
     transportation research programs shall not apply to any 
     authority previously made available for obligation: Provided 
     further, That the Secretary may, as authorized by section 
     605(b) of title 23, United States Code, collect and spend 
     fees to cover the costs of services of expert firms, 
     including counsel, in the field of municipal and project 
     finance to assist in the underwriting and servicing of 
     Federal credit instruments and all or a portion of the costs 
     to the Federal Government of servicing such credit 
     instruments: Provided further, That such fees are available 
     until expended to pay for such costs: Provided further, That 
     such amounts are in addition to administrative expenses that 
     are also available for such purpose, and are not subject to 
     any obligation limitation or the limitation on administrative 
     expenses under section 608 of title 23, United States Code.


                (liquidation of contract authorization)

                          (highway trust fund)

       For carrying out the provisions of title 23, United States 
     Code, that are attributable to Federal-aid highways, not 
     otherwise provided, including reimbursement for sums expended 
     pursuant to the provisions of 23 U.S.C. 308, $41,439,000,000 
     or so much thereof as may be available in and derived from 
     the Highway Trust Fund (other than the Mass Transit Account), 
     to remain available until expended.


                              (rescission)

                          (highway trust fund)

       Of the unobligated balances of funds apportioned to each 
     State under chapter 1 of title 23, United States Code, 
     $3,150,000,000 are permanently rescinded: Provided, That such 
     rescission shall not apply to the funds distributed in 
     accordance with sections 130(f) and 104(b)(5) of title 23, 
     United States Code; sections 133(d)(1) and 163 of such title, 
     as in effect on the day before the date of enactment of 
     Public Law 109-59; and the first sentence of section 
     133(d)(3)(A) of such title: Provided further, That 
     notwithstanding section 1132 of Public Law 110-140, in 
     administering the rescission required under this heading, the 
     Secretary of Transportation shall allow each State to 
     determine the amount of the required rescission to be drawn 
     from the programs to which the rescission applies.


                 Appalachian Development Highway System

       For necessary expenses for West Virginia corridor H of the 
     Appalachian Development Highway System as authorized under 
     section 1069(y) of Public Law 102-240, as amended,

[[Page 5721]]

     $9,500,000, to remain available until expended.


                      Denali Access System Program

       For necessary expenses for the Denali Access System Program 
     as authorized under section 1960 of Public Law 109-59, 
     $5,700,000, to remain available until expended.


       Administrative Provisions--Federal Highway Administration

                        (including rescissions)

       Sec. 120. (a) For fiscal year 2009, the Secretary of 
     Transportation shall--
       (1) not distribute from the obligation limitation for 
     Federal-aid highways amounts authorized for administrative 
     expenses and programs by section 104(a) of title 23, United 
     States Code; programs funded from the administrative takedown 
     authorized by section 104(a)(1) of title 23, United States 
     Code (as in effect on the date before the date of enactment 
     of the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users); the highway use tax evasion 
     program; and the Bureau of Transportation Statistics;
       (2) not distribute an amount from the obligation limitation 
     for Federal-aid highways that is equal to the unobligated 
     balance of amounts made available from the Highway Trust Fund 
     (other than the Mass Transit Account) for Federal-aid 
     highways and highway safety programs for previous fiscal 
     years the funds for which are allocated by the Secretary;
       (3) determine the ratio that--
       (A) the obligation limitation for Federal-aid highways, 
     less the aggregate of amounts not distributed under 
     paragraphs (1) and (2), bears to
       (B) the total of the sums authorized to be appropriated for 
     Federal-aid highways and highway safety construction programs 
     (other than sums authorized to be appropriated for provisions 
     of law described in paragraphs (1) through (9) of subsection 
     (b) and sums authorized to be appropriated for section 105 of 
     title 23, United States Code, equal to the amount referred to 
     in subsection (b)(10) for such fiscal year), less the 
     aggregate of the amounts not distributed under paragraphs (1) 
     and (2) of this subsection;
       (4)(A) distribute the obligation limitation for Federal-aid 
     highways, less the aggregate amounts not distributed under 
     paragraphs (1) and (2), for sections 1301, 1302, and 1934 of 
     the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users; sections 117 (but 
     individually for each project numbered 1 through 3676 listed 
     in the table contained in section 1702 of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users) and section 144(g) of title 23, United 
     States Code; and section 14501 of title 40, United States 
     Code, so that the amount of obligation authority available 
     for each of such sections is equal to the amount determined 
     by multiplying the ratio determined under paragraph (3) by 
     the sums authorized to be appropriated for that section for 
     the fiscal year; and
       (B) distribute $2,000,000,000 for section 105 of title 23, 
     United States Code;
       (5) distribute the obligation limitation provided for 
     Federal-aid highways, less the aggregate amounts not 
     distributed under paragraphs (1) and (2) and amounts 
     distributed under paragraph (4), for each of the programs 
     that are allocated by the Secretary under the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users and title 23, United States Code (other than 
     to programs to which paragraphs (1) and (4) apply), by 
     multiplying the ratio determined under paragraph (3) by the 
     amounts authorized to be appropriated for each such program 
     for such fiscal year; and
       (6) distribute the obligation limitation provided for 
     Federal-aid highways, less the aggregate amounts not 
     distributed under paragraphs (1) and (2) and amounts 
     distributed under paragraphs (4) and (5), for Federal-aid 
     highways and highway safety construction programs (other than 
     the amounts apportioned for the equity bonus program, but 
     only to the extent that the amounts apportioned for the 
     equity bonus program for the fiscal year are greater than 
     $2,639,000,000, and the Appalachian development highway 
     system program) that are apportioned by the Secretary under 
     the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users and title 23, United States 
     Code, in the ratio that--
       (A) amounts authorized to be appropriated for such programs 
     that are apportioned to each State for such fiscal year, bear 
     to
       (B) the total of the amounts authorized to be appropriated 
     for such programs that are apportioned to all States for such 
     fiscal year.
       (b) Exceptions From Obligation Limitation.--The obligation 
     limitation for Federal-aid highways shall not apply to 
     obligations: (1) under section 125 of title 23, United States 
     Code; (2) under section 147 of the Surface Transportation 
     Assistance Act of 1978; (3) under section 9 of the Federal-
     Aid Highway Act of 1981; (4) under subsections (b) and (j) of 
     section 131 of the Surface Transportation Assistance Act of 
     1982; (5) under subsections (b) and (c) of section 149 of the 
     Surface Transportation and Uniform Relocation Assistance Act 
     of 1987; (6) under sections 1103 through 1108 of the 
     Intermodal Surface Transportation Efficiency Act of 1991; (7) 
     under section 157 of title 23, United States Code, as in 
     effect on the day before the date of the enactment of the 
     Transportation Equity Act for the 21st Century; (8) under 
     section 105 of title 23, United States Code, as in effect for 
     fiscal years 1998 through 2004, but only in an amount equal 
     to $639,000,000 for each of those fiscal years; (9) for 
     Federal-aid highway programs for which obligation authority 
     was made available under the Transportation Equity Act for 
     the 21st Century or subsequent public laws for multiple years 
     or to remain available until used, but only to the extent 
     that the obligation authority has not lapsed or been used; 
     (10) under section 105 of title 23, United States Code, but 
     only in an amount equal to $639,000,000 for each of fiscal 
     years 2005 through 2009; and (11) under section 1603 of the 
     Safe, Accountable, Flexible, Efficient Transportation Equity 
     Act: A Legacy for Users, to the extent that funds obligated 
     in accordance with that section were not subject to a 
     limitation on obligations at the time at which the funds were 
     initially made available for obligation.
       (c) Redistribution of Unused Obligation Authority.--
     Notwithstanding subsection (a), the Secretary shall, after 
     August 1 of such fiscal year, revise a distribution of the 
     obligation limitation made available under subsection (a) if 
     the amount distributed cannot be obligated during that fiscal 
     year and redistribute sufficient amounts to those States able 
     to obligate amounts in addition to those previously 
     distributed during that fiscal year, giving priority to those 
     States having large unobligated balances of funds apportioned 
     under sections 104 and 144 of title 23, United States Code.
       (d) Applicability of Obligation Limitations to 
     Transportation Research Programs.--The obligation limitation 
     shall apply to transportation research programs carried out 
     under chapter 5 of title 23, United States Code, and title V 
     (research title) of the Safe, Accountable, Flexible, 
     Efficient Transportation Equity Act: A Legacy for Users, 
     except that obligation authority made available for such 
     programs under such limitation shall remain available for a 
     period of 3 fiscal years and shall be in addition to the 
     amount of any limitation imposed on obligations for Federal-
     aid highway and highway safety construction programs for 
     future fiscal years.
       (e) Redistribution of Certain Authorized Funds.--
       (1) In general.--Not later than 30 days after the date of 
     the distribution of obligation limitation under subsection 
     (a), the Secretary shall distribute to the States any funds 
     that--
       (A) are authorized to be appropriated for such fiscal year 
     for Federal-aid highways programs; and
       (B) the Secretary determines will not be allocated to the 
     States, and will not be available for obligation, in such 
     fiscal year due to the imposition of any obligation 
     limitation for such fiscal year.
       (2) Ratio.--Funds shall be distributed under paragraph (1) 
     in the same ratio as the distribution of obligation authority 
     under subsection (a)(6).
       (3) Availability.--Funds distributed under paragraph (1) 
     shall be available for any purposes described in section 
     133(b) of title 23, United States Code.
       (f) Special Limitation Characteristics.--Obligation 
     limitation distributed for a fiscal year under subsection 
     (a)(4) for the provision specified in subsection (a)(4) 
     shall--
       (1) remain available until used for obligation of funds for 
     that provision; and
       (2) be in addition to the amount of any limitation imposed 
     on obligations for Federal-aid highway and highway safety 
     construction programs for future fiscal years.
       (g) High Priority Project Flexibility.--
       (1) In general.--Subject to paragraph (2), obligation 
     authority distributed for such fiscal year under subsection 
     (a)(4) for each project numbered 1 through 3676 listed in the 
     table contained in section 1702 of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users may be obligated for any other project in such section 
     in the same State.
       (2) Restoration.--Obligation authority used as described in 
     paragraph (1) shall be restored to the original purpose on 
     the date on which obligation authority is distributed under 
     this section for the next fiscal year following obligation 
     under paragraph (1).
       (h) Limitation on Statutory Construction.--Nothing in this 
     section shall be construed to limit the distribution of 
     obligation authority under subsection (a)(4)(A) for each of 
     the individual projects numbered greater than 3676 listed in 
     the table contained in section 1702 of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users.
       Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by 
     the Bureau of Transportation Statistics from the sale of data 
     products, for necessary expenses incurred pursuant to 49 
     U.S.C. 111 may be credited to the Federal-aid highways 
     account for the purpose of reimbursing the Bureau for such 
     expenses: Provided, That such funds shall be subject to the 
     obligation limitation for Federal-aid highways and highway 
     safety construction.
       Sec. 122.  In addition to amounts provided in this or any 
     other Act for fiscal year 2009, $143,031,303, to be derived 
     from the Highway

[[Page 5722]]

     Trust Fund (other than the Mass Transit Account), shall be 
     available for the Transportation, Community, and System 
     Preservation Program under section 1117 of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users (Pub. L. 109-59; 119 Stat. 1144, 1177-1179): 
     Provided, That all funds made available under this section 
     shall be subject to any limitation on obligations for 
     Federal-aid highways and highway safety construction programs 
     set forth in this Act or any other Act: Provided further, 
     That such funds shall be administered in accordance with 
     section 1117(g)(2) of the Safe, Accountable, Flexible, 
     Efficient Transportation Equity Act: A Legacy for Users.
       Sec. 123. Of the amounts made available under section 
     104(a) of title 23, United States Code, $33,401,492 are 
     permanently rescinded.
       Sec. 124. Of the unobligated balances of funds made 
     available in fiscal year 2005 and prior fiscal years for the 
     implementation or execution of programs for transportation 
     research, training and education, and technology deployment 
     including intelligent transportation systems, $11,756,527 are 
     permanently rescinded.
       Sec. 125. There is hereby appropriated to the Secretary of 
     Transportation $161,326,625 for surface transportation 
     priorities: Provided, That the amount provided by this 
     section shall be made available for the programs, projects 
     and activities identified under this section in the 
     explanatory statement accompanying this Act: Provided 
     further, That funds provided by this section, at the request 
     of a State, shall be transferred by the Secretary to another 
     Federal agency: Provided further, That the Federal share 
     payable on account of any program, project, or activity 
     carried out with funds set aside by this section shall be 100 
     percent: Provided further, That the sums set aside by this 
     section shall remain available until expended: Provided 
     further, That none of the funds set aside by this section 
     shall be subject to any limitation on obligations for 
     Federal-aid highways and highway safety construction programs 
     set forth in this Act or any other Act.
       Sec. 126. Not less than 15 days prior to waiving, under his 
     or her statutory authority, any Buy America requirement for 
     Federal-aid highway projects, the Secretary of Transportation 
     shall make an informal public notice and comment opportunity 
     on the intent to issue such waiver and the reasons therefor: 
     Provided, That the Secretary shall provide an annual report 
     to the Appropriations Committees of the Congress on any 
     waivers granted under the Buy America requirements.
       Sec. 127. Notwithstanding any other provision of law, funds 
     made available in Public Law 110-161 for ``Bridge over 
     Broadway, Missoula to Rattlesnake National Recreation Area, 
     MT'' shall be available for a new pedestrian and bicycle-
     friendly at-grade crossing of East Broadway Street in 
     Missoula, Montana.
       Sec. 128. (a) In General.--Except as provided in subsection 
     (b), none of the funds made available, limited, or otherwise 
     affected by this Act shall be used to approve or otherwise 
     authorize the imposition of any toll on any segment of 
     highway located on the Federal-aid system in the State of 
     Texas that--
       (1) as of the date of enactment of this Act, is not tolled;
       (2) is constructed with Federal assistance provided under 
     title 23, United States Code; and
       (3) is in actual operation as of the date of enactment of 
     this Act.
       (b) Exceptions.--
       (1) Number of toll lanes.--Subsection (a) shall not apply 
     to any segment of highway on the Federal-aid system described 
     in that subsection that, as of the date on which a toll is 
     imposed on the segment, will have the same number of non-toll 
     lanes as were in existence prior to that date.
       (2) High-occupancy vehicle lanes.--A high-occupancy vehicle 
     lane that is converted to a toll lane shall not be subject to 
     this section, and shall not be considered to be a non-toll 
     lane for purposes of determining whether a highway will have 
     fewer non-toll lanes than prior to the date of imposition of 
     the toll, if--
       (A) high-occupancy vehicles occupied by the number of 
     passengers specified by the entity operating the toll lane 
     may use the toll lane without paying a toll, unless otherwise 
     specified by the appropriate county, town, municipal or other 
     local government entity, or public toll road or transit 
     authority; or
       (B) each high-occupancy vehicle lane that was converted to 
     a toll lane was constructed as a temporary lane to be 
     replaced by a toll lane under a plan approved by the 
     appropriate county, town, municipal or other local government 
     entity, or public toll road or transit authority.
       Sec. 129. (a) In the explanatory statement referenced in 
     section 129 of division K of Public Law 110-161 (121 Stat. 
     2388), the item relating to ``Route 116 and Bay Road 
     Intersection and Road Improvements, Amherst, MA'' in the 
     table of projects for such section 129 is deemed to be 
     amended by inserting ``, including Bike, Pedestrian, or Other 
     Off Road Paths'' after ``Improvements''.
       (b) In the explanatory statement referenced in section 129 
     of division K of Public Law 110-161 (121 Stat. 2388), the 
     item relating to ``Highway 77 Rail Grade Separation, Marion, 
     AR'', in the table of projects for such section 129 is deemed 
     to be amended by striking ``Highway 77 Rail Grade Separation, 
     Marion, AR'' and inserting ``BNSF main line overpass within 
     the Marion, Arkansas, planning jurisdiction''.
       (c) In the explanatory statement referenced in section 186 
     of division K of Public Law 110-161 (121 Stat. 2406), in the 
     table of projects under the heading ``Federal Highway 
     Administration--Federal-Aid Highways (Limitation on 
     Obligations)--Federal Lands'' in division K of such 
     explanatory statement, the item relating to ``U.S. Forest 
     Highway 4, Winston County, Alabama'' is deemed to be amended 
     by striking ``Highway 4'' and inserting ``Highway 9''.
       (d) In the explanatory statement referenced in section 186 
     of division K of Public Law 110-161 (121 Stat. 2406), the 
     item relating to ``Street Improvements in Burnham, IL'' in 
     the table of projects under the heading ``Transportation, 
     Community and System Preservation Program'' is deemed to be 
     amended by striking ``Street Improvements in Burnham, IL'' 
     and inserting ``Repair of Side Streets and Relocation of 
     Water Mains resulting from rerouting of traffic and 
     reconstruction of 159th Street in Harvey, IL''.
       (e) In the explanatory statement referenced in section 186 
     of division K of Public Law 110-161 (121 Stat. 2406), the 
     item relating to ``Street Improvements in Thornton, IL'' in 
     the table of projects under the heading ``Transportation, 
     Community and System Preservation Program'' is deemed to be 
     amended by striking ``Street Improvements in Thornton, IL'' 
     and inserting ``Engineering, Right-of-Way, and Construction 
     of Joe Orr Road Extension and Main Street Project in Lynwood, 
     IL''.
       (f) Funds made available from the amount appropriated under 
     the heading ``Federal Highway Administration--Highway 
     Demonstration Projects'' of title I of the Department of 
     Transportation and Related Agencies Appropriations Act, 1992 
     (Public Law 102-143) for the Miller Highway from 59th Street 
     to 72nd Street, west side of Manhattan, New York, and from 
     the amount appropriated under the heading ``Federal Highway 
     Administration--Highway Projects'' of title I of the 
     Department of Transportation and Related Agencies 
     Appropriations Act, 1993 (Public Law 102-388) for design 
     improvements on Miller Highway, New York City, New York, 
     shall be made available for the project specified in item 
     4599 of section 1702 of SAFETEA-LU (Public Law 109-59), as 
     amended by the SAFETEA-LU Technical Corrections Act of 2008 
     (Public Law 110-244).
       Sec. 130. Notwithstanding any other provision of law, any 
     unexpended amounts available for obligation for item number 
     48 under section 1106(b) of Public Law 102-240 (105 Stat. 
     2046) for the Southern State Parkway Improvement project 
     shall be available for obligation and expenditure on the I-90 
     connector, Rensselaer County, New York, including 
     reimbursement for expenses incurred on such connector prior 
     to the date of enactment of this section.
       Sec. 131. (a) The table contained in section 1702 of the 
     Safe, Accountable, Flexible, Efficient Transportation Equity 
     Act: A Legacy for Users (119 Stat. 1256) is amended by 
     striking the project description for item number 189 and 
     inserting the following: ``Planning, design, engineering, 
     environmental analysis, acquisition of rights-of-way, and 
     construction for the Long Valley Bypass''.
       (b) The table contained in section 1702 of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users (119 Stat. 1256) is amended by striking the 
     project description for item number 3546 and inserting the 
     following: ``Port of Coos Bay to acquire and repair the Coos 
     Bay Line''.

              Federal Motor Carrier Safety Administration


              motor carrier safety operations and programs

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

                         (including rescission)

       For payment of obligations incurred for administration of 
     motor carrier safety operations and programs pursuant to 
     section 31104(i) of title 49, United States Code, and 
     sections 4127 and 4134 of Public Law 109-59, $234,000,000, to 
     be derived from the Highway Trust Fund (other than the Mass 
     Transit Account), together with advances and reimbursements 
     received by the Federal Motor Carrier Safety Administration, 
     the sum of which shall remain available until expended: 
     Provided, That none of the funds derived from the Highway 
     Trust Fund in this Act shall be available for the 
     implementation, execution or administration of programs, the 
     obligations for which are in excess of $234,000,000, for 
     ``Motor Carrier Safety Operations and Programs'', of which 
     $8,500,000, to remain available for obligation until 
     September 30, 2011, is for the research and technology 
     program and $1,000,000 shall be available for commercial 
     motor vehicle operator's grants to carry out section 4134 of 
     Public Law 109-59: Provided further, That notwithstanding any 
     other provision of law, none of the funds under this heading 
     for outreach and education shall be available for transfer:

[[Page 5723]]

     Provided further, That the Federal Motor Carrier Safety 
     Administration shall transmit to Congress a report on March 
     30, 2009 and September 30, 2009 on the agency's ability to 
     meet its requirement to conduct compliance reviews on high-
     risk carriers: Provided further, That $4,839,259 in 
     unobligated balances are permanently rescinded.

                      motor carrier safety grants


                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

                         (including rescission)

       For payment of obligations incurred in carrying out 
     sections 31102, 31104(a), 31106, 31107, 31109, 31309, 31313 
     of title 49, United States Code, and sections 4126 and 4128 
     of Public Law 109-59, $307,000,000, to be derived from the 
     Highway Trust Fund (other than the Mass Transit Account) and 
     to remain available until expended: Provided, That none of 
     the funds in this Act shall be available for the 
     implementation or execution of programs, the obligations for 
     which are in excess of $307,000,000, for ``Motor Carrier 
     Safety Grants''; of which $209,000,000 shall be available for 
     the motor carrier safety assistance program to carry out 
     sections 31102 and 31104(a) of title 49, United States Code; 
     $25,000,000 shall be available for the commercial driver's 
     license improvements program to carry out section 31313 of 
     title 49, United States Code; $32,000,000 shall be available 
     for the border enforcement grants program to carry out 
     section 31107 of title 49, United States Code; $5,000,000 
     shall be available for the performance and registration 
     information system management program to carry out sections 
     31106(b) and 31109 of title 49, United States Code; 
     $25,000,000 shall be available for the commercial vehicle 
     information systems and networks deployment program to carry 
     out section 4126 of Public Law 109-59; $3,000,000 shall be 
     available for the safety data improvement program to carry 
     out section 4128 of Public Law 109-59; and $8,000,000 shall 
     be available for the commercial driver's license information 
     system modernization program to carry out section 31309(e) of 
     title 49, United States Code: Provided further, That of the 
     funds made available for the motor carrier safety assistance 
     program, $29,000,000 shall be available for audits of new 
     entrant motor carriers: Provided further, That $6,502,558 in 
     unobligated balances are permanently rescinded.


                          Motor Carrier Safety

                          (highway trust fund)

                              (rescission)

       Of the amounts made available under this heading in prior 
     appropriations Acts, $2,231,259 in unobligated balances are 
     permanently rescinded.


                 National Motor Carrier Safety Program

                          (highway trust fund)

                              (rescission)

       Of the amounts made available under this heading in prior 
     appropriations Acts, $19,571,910 in unobligated balances are 
     permanently rescinded.


 Administrative Provisions--Federal Motor Carrier Safety Administration

       Sec. 135. Funds appropriated or limited in this Act shall 
     be subject to the terms and conditions stipulated in section 
     350 of Public Law 107-87 and section 6901 of Public Law 110-
     28, including that the Secretary submit a report to the House 
     and Senate Appropriations Committees annually on the safety 
     and security of transportation into the United States by 
     Mexico-domiciled motor carriers.
       Sec. 136. None of the funds appropriated or otherwise made 
     available under this Act may be used, directly or indirectly, 
     to establish, implement, continue, promote, or in any way 
     permit a cross-border motor carrier demonstration program to 
     allow Mexican-domiciled motor carriers to operate beyond the 
     commercial zones along the international border between the 
     United States and Mexico, including continuing, in whole or 
     in part, any such program that was initiated prior to the 
     date of the enactment of this Act.

             National Highway Traffic Safety Administration


                        operations and research

       For expenses necessary to discharge the functions of the 
     Secretary, with respect to traffic and highway safety under 
     subtitle C of title X of Public Law 109-59 and chapter 301 
     and part C of subtitle VI of title 49, United States Code, 
     $127,000,000, of which $31,670,000 shall remain available 
     until September 30, 2010: Provided, That none of the funds 
     appropriated by this Act may be obligated or expended to 
     plan, finalize, or implement any rulemaking to add to section 
     575.104 of title 49 of the Code of Federal Regulations any 
     requirement pertaining to a grading standard that is 
     different from the three grading standards (treadwear, 
     traction, and temperature resistance) already in effect.


                        Operations and Research

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

       For payment of obligations incurred in carrying out the 
     provisions of 23 U.S.C. 403, $105,500,000 to be derived from 
     the Highway Trust Fund (other than the Mass Transit Account) 
     and to remain available until expended: Provided, That none 
     of the funds in this Act shall be available for the planning 
     or execution of programs the total obligations for which, in 
     fiscal year 2009, are in excess of $105,500,000 for programs 
     authorized under 23 U.S.C. 403: Provided further, That within 
     the $105,500,000 obligation limitation for operations and 
     research, $26,908,000 shall remain available until September 
     30, 2010 and shall be in addition to the amount of any 
     limitation imposed on obligations for future years.


                        National Driver Register

                (Liquidation of contract authorization)

                      (Limitation on obligations)

                          (Highway trust fund)

       For payment of obligations incurred in carrying out chapter 
     303 of title 49, United States Code, $4,000,000, to be 
     derived from the Highway Trust Fund (other than the Mass 
     Transit Account) and to remain available until expended: 
     Provided, That none of the funds in this Act shall be 
     available for the implementation or execution of programs the 
     total obligations for which, in fiscal year 2009, are in 
     excess of $4,000,000 for the National Driver Register 
     authorized under such chapter.


                     highway traffic safety grants

                (liquidation of contract authorization)

                      (llimitation on obligations)

                          (highway trust fund)

       For payment of obligations incurred in carrying out the 
     provisions of 23 U.S.C. 402, 405, 406, 408, and 410 and 
     sections 2001(a)(11), 2009, 2010, and 2011 of Public Law 109-
     59, to remain available until expended, $619,500,000 to be 
     derived from the Highway Trust Fund (other than the Mass 
     Transit Account): Provided, That none of the funds in this 
     Act shall be available for the planning or execution of 
     programs the total obligations for which, in fiscal year 
     2009, are in excess of $619,500,000 for programs authorized 
     under 23 U.S.C. 402, 405, 406, 408, and 410 and sections 
     2001(a)(11), 2009, 2010, and 2011 of Public Law 109-59, of 
     which $235,000,000 shall be for ``Highway Safety Programs'' 
     under 23 U.S.C. 402; $25,000,000 shall be for ``Occupant 
     Protection Incentive Grants'' under 23 U.S.C. 405; 
     $124,500,000 shall be for ``Safety Belt Performance Grants'' 
     under 23 U.S.C. 406, and such obligation limitation shall 
     remain available until September 30, 2010 in accordance with 
     subsection (f) of such section 406 and shall be in addition 
     to the amount of any limitation imposed on obligations for 
     such grants for future fiscal years; $34,500,000 shall be for 
     ``State Traffic Safety Information System Improvements'' 
     under 23 U.S.C. 408; $139,000,000 shall be for ``Alcohol-
     Impaired Driving Countermeasures Incentive Grant Program'' 
     under 23 U.S.C. 410; $18,500,000 shall be for 
     ``Administrative Expenses'' under section 2001(a)(11) of 
     Public Law 109-59; $29,000,000 shall be for ``High Visibility 
     Enforcement Program'' under section 2009 of Public Law 109-
     59; $7,000,000 shall be for ``Motorcyclist Safety'' under 
     section 2010 of Public Law 109-59; and $7,000,000 shall be 
     for ``Child Safety and Child Booster Seat Safety Incentive 
     Grants'' under section 2011 of Public Law 109-59: Provided 
     further, That none of these funds shall be used for 
     construction, rehabilitation, or remodeling costs, or for 
     office furnishings and fixtures for State, local or private 
     buildings or structures: Provided further, That not to exceed 
     $500,000 of the funds made available for section 410 
     ``Alcohol-Impaired Driving Countermeasures Grants'' shall be 
     available for technical assistance to the States: Provided 
     further, That not to exceed $750,000 of the funds made 
     available for the ``High Visibility Enforcement Program'' 
     shall be available for the evaluation required under section 
     2009(f) of Public Law 109-59.


      administrative provisions--national highway traffic safety 
                             administration

                        (including rescissions)

       Sec. 140.  Notwithstanding any other provision of law or 
     limitation on the use of funds made available under section 
     403 of title 23, United States Code, an additional $130,000 
     shall be made available to the National Highway Traffic 
     Safety Administration, out of the amount limited for section 
     402 of title 23, United States Code, to pay for travel and 
     related expenses for State management reviews and to pay for 
     core competency development training and related expenses for 
     highway safety staff.
       Sec. 141. Of the amounts made available under the heading 
     ``Operations and Research (Liquidation of Contract 
     Authorization) (Limitation on Obligations) (Highway Trust 
     Fund)'' in prior appropriations Acts, $10,900,000 in 
     unobligated balances are permanently rescinded.
       Sec. 142. Of the amounts made available under the heading 
     ``National Driver Register (Liquidation of Contract 
     Authorization) (Limitation on Obligations) (Highway Trust 
     Fund)'' in prior appropriations Acts, $544,000 in unobligated 
     balances are permanently rescinded.
       Sec. 143. Of the amounts made available under the heading 
     ``Highway Traffic Safety Grants (Liquidation of Contract 
     Authorization) (Limitation on Obligations) (Highway Trust 
     Fund)'' in prior appropriations Acts, $60,200,000 in 
     unobligated balances are permanently rescinded.

[[Page 5724]]



                    Federal Railroad Administration


                         Safety and Operations

       For necessary expenses of the Federal Railroad 
     Administration, not otherwise provided for, $159,445,000, of 
     which $12,268,890 shall remain available until expended.


                   railroad research and development

       For necessary expenses for railroad research and 
     development, $33,950,000, to remain available until expended.


                capital assistance to states--intercity

                         passenger rail service

       To enable the Federal Railroad Administrator to make grants 
     to States for the capital costs of improving existing 
     intercity passenger rail service and providing new intercity 
     passenger rail service, $90,000,000, to remain available 
     until expended: Provided, That grants shall be provided to a 
     State only on a reimbursable basis: Provided further, That 
     grants cover no more than 50 percent of the total capital 
     cost of a project selected for funding: Provided further, 
     That no more than 10 percent of funds made available under 
     this program may be used for planning activities that lead 
     directly to the development of a passenger rail corridor 
     investment plan consistent with the requirements established 
     by the Administrator: Provided further, That no later than 
     eight months following enactment of this Act, the Secretary 
     shall establish and publish criteria for project selection, 
     set a deadline for grant applications, and provide a schedule 
     for project selection: Provided further, That to be eligible 
     for this assistance, States must include intercity passenger 
     rail service as an integral part of statewide transportation 
     planning as required under section 135 of title 23, United 
     States Code: Provided further, That to be eligible for 
     capital assistance the specific project must be on the 
     Statewide Transportation Improvement Plan at the time of the 
     application to qualify: Provided further, That the Secretary 
     give priority to capital and planning applications for 
     projects that improve the safety and reliability of intercity 
     passenger trains, involve a commitment by freight railroads 
     to an enforceable on-time performance of passenger trains of 
     80 percent or greater, involve a commitment by freight 
     railroads of financial resources commensurate with the 
     benefit expected to their operations, improve or extend 
     service on a route that requires little or no Federal 
     assistance for its operations, and involve a commitment by 
     States or railroads of financial resources to improve the 
     safety of highway/rail grade crossings over which the 
     passenger service operates: Provided further, That the 
     Administrator is directed to report to the Committees on 
     Appropriations not later than 180 days upon enactment of this 
     Act detailing the recipients and outcomes of grants issued 
     pursuant to Public Law 110-116, under this heading, the 
     Capital Assistance to States Program, any and all usage and 
     performance fees paid to a freight railroad for access to the 
     right of way: Provided further, That the Administrator may 
     retain up to one-quarter of 1 percent of the funds provided 
     under this heading to fund the award and oversight by the 
     Administrator of grants made under this heading.


       Railroad Rehabilitation and Improvement Financing Program

       The Secretary of Transportation is authorized to issue to 
     the Secretary of the Treasury notes or other obligations 
     pursuant to section 512 of the Railroad Revitalization and 
     Regulatory Reform Act of 1976 (Public Law 94-210), as 
     amended, in such amounts and at such times as may be 
     necessary to pay any amounts required pursuant to the 
     guarantee of the principal amount of obligations under 
     sections 511 through 513 of such Act, such authority to exist 
     as long as any such guaranteed obligation is outstanding: 
     Provided, That pursuant to section 502 of such Act, as 
     amended, no new direct loans or loan guarantee commitments 
     shall be made using Federal funds for the credit risk premium 
     during fiscal year 2009.


              Rail Line Relocation and Improvement Program

       For necessary expenses of carrying out section 20154 of 
     title 49, United States Code, as authorized by section 9002 
     of Public Law 109-59, $25,000,000, to remain available until 
     expended.


    Operating Grants to the National Railroad Passenger Corporation

       To enable the Secretary of Transportation to make quarterly 
     grants to the National Railroad Passenger Corporation for 
     operation of intercity passenger rail, $550,000,000, to 
     remain available until expended: Provided, That the Secretary 
     shall withhold such sums as shall be necessary for the costs 
     associated with the second retroactive wage payment to Amtrak 
     employees and shall transmit such funding to the corporation 
     for the sole and exclusive purpose of making such payments 
     only at such time as said payments are due: Provided further, 
     That such remaining amounts available under this paragraph 
     shall be available for the Secretary to approve funding to 
     cover operating losses for the Corporation only after 
     receiving and reviewing a grant request for each specific 
     train route: Provided further, That each such grant request 
     shall be accompanied by a detailed financial analysis, 
     revenue projection, and capital expenditure projection 
     justifying the Federal support to the Secretary's 
     satisfaction: Provided further, That the Corporation is 
     directed to achieve savings through operating efficiencies 
     including, but not limited to, modifications to food and 
     beverage service and first class service: Provided further, 
     That the Inspector General of the Department of 
     Transportation shall report to the House and Senate 
     Committees on Appropriations beginning 3 months after the 
     date of the enactment of this Act and quarterly thereafter 
     with estimates of the savings accrued as a result of all 
     operational reforms instituted by the Corporation: Provided 
     further, That not later than 120 days after enactment of this 
     Act, the Corporation shall transmit to the House and Senate 
     Committees on Appropriations the status of its plan to 
     improve the financial performance of food and beverage 
     service and its plan to improve the financial performance of 
     first class service (including sleeping car service): 
     Provided further, That the Corporation shall report quarterly 
     to the House and Senate Committees on Appropriations on its 
     progress against the milestones and target dates contained in 
     the plan provided in fiscal year 2008 and quantify savings 
     realized to date on a monthly basis compared to those 
     projected in the plan, identify any changes in the plan or 
     delays in implementing these plans, and identify the causes 
     of delay and proposed corrective measures: Provided further, 
     That not later than 90 days after enactment of this Act, the 
     Corporation shall transmit, in electronic format, to the 
     Secretary, the House and Senate Committees on Appropriations, 
     the House Committee on Transportation and Infrastructure and 
     the Senate Committee on Commerce, Science, and Transportation 
     a comprehensive business plan approved by the Board of 
     Directors for fiscal year 2009 under section 24104(a) of 
     title 49, United States Code: Provided further, That the 
     business plan shall include, as applicable, targets for 
     ridership, revenues, and capital and operating expenses: 
     Provided further, That the plan shall also include a separate 
     accounting of such targets for the Northeast Corridor; 
     commuter service; long-distance Amtrak service; State-
     supported service; each intercity train route, including 
     Autotrain; and commercial activities including contract 
     operations: Provided further, That the business plan shall 
     include a description of the work to be funded, along with 
     cost estimates and an estimated timetable for completion of 
     the projects covered by this business plan: Provided further, 
     That the Corporation shall continue to provide monthly 
     reports in electronic format regarding the pending business 
     plan, which shall describe the work completed to date, any 
     changes to the business plan, and the reasons for such 
     changes, and shall identify all sole source contract awards 
     which shall be accompanied by a justification as to why said 
     contract was awarded on a sole source basis: Provided 
     further, That the Corporation's business plan and all 
     subsequent supplemental plans shall be displayed on the 
     Corporation's website within a reasonable timeframe following 
     their submission to the appropriate entities: Provided 
     further, That none of the funds under this heading may be 
     obligated or expended until the Corporation agrees to 
     continue abiding by the provisions of paragraphs 1, 2, 5, 9, 
     and 11 of the summary of conditions for the direct loan 
     agreement of June 28, 2002, in the same manner as in effect 
     on the date of enactment of this Act: Provided further, That 
     none of the funds provided in this Act may be used after 
     March 1, 2006, to support any route on which Amtrak offers a 
     discounted fare of more than 50 percent off the normal, peak 
     fare: Provided further, That the preceding proviso does not 
     apply to routes where the operating loss as a result of the 
     discount is covered by a State and the State participates in 
     the setting of fares: Provided further, That of the amounts 
     made available under this heading not less than $18,500,000 
     shall be available for the Amtrak Office of Inspector 
     General.


  Capital and Debt Service Grants to the National Railroad Passenger 
                              Corporation

       To enable the Secretary of Transportation to make quarterly 
     grants to the National Railroad Passenger Corporation for the 
     maintenance and repair of capital infrastructure owned by the 
     Corporation, including railroad equipment, rolling stock, 
     legal mandates and other services, $940,000,000, to remain 
     available until expended, of which not to exceed $285,000,000 
     shall be for debt service obligations: Provided, That the 
     Secretary may retain up to one-quarter of 1 percent of the 
     funds under this heading to fund the oversight by the Federal 
     Railroad Administration of the design and implementation of 
     capital projects funded by grants made under this heading: 
     Provided further, That the Secretary shall approve funding 
     for capital expenditures, including advance purchase orders 
     of materials, for the Corporation only after receiving and 
     reviewing a grant request for each specific capital grant 
     justifying the Federal support to the Secretary's 
     satisfaction: Provided further, That none of the funds under 
     this heading may be used to subsidize operating losses of the 
     Corporation: Provided further, That none of the funds under 
     this heading may be used for capital projects not approved by 
     the Secretary of Transportation

[[Page 5725]]

     or on the Corporation's fiscal year 2009 business plan: 
     Provided further, That, the business plan shall be 
     accompanied by a comprehensive fleet plan for all Amtrak 
     rolling stock which shall address the Corporation's detailed 
     plans and timeframes for the maintenance, refurbishment, 
     replacement and expansion of the Amtrak fleet: Provided 
     further, That said fleet plan shall establish year-specific 
     goals and milestones and discuss potential, current, and 
     preferred financing options for all such activities.


    EFFICIENCY INCENTIVE GRANTS TO THE NATIONAL RAILROAD PASSENGER 
                              CORPORATION

                              (RESCISSION)

       Of the amounts made available under this heading in Public 
     Laws 109-115 and 110-5, all unobligated balances as of the 
     date of enactment of this provision are hereby rescinded.


       Administrative Provisions--Federal Railroad Administration

       Sec. 151. The Secretary may purchase promotional items of 
     nominal value for use in public outreach activities to 
     accomplish the purposes of 49 U.S.C. 20134: Provided, That 
     the Secretary shall prescribe guidelines for the 
     administration of such purchases and use.
       Sec. 152. Hereafter, notwithstanding any other provision of 
     law, funds provided in this Act for the National Railroad 
     Passenger Corporation shall immediately cease to be available 
     to said Corporation in the event that the Corporation 
     contracts to have services provided at or from any location 
     outside the United States. For purposes of this section, the 
     word ``services'' shall mean any service that was, as of July 
     1, 2006, performed by a full-time or part-time Amtrak 
     employee whose base of employment is located within the 
     United States.
       Sec. 153. The Secretary of Transportation may receive and 
     expend cash, or receive and utilize spare parts and similar 
     items, from non-United States Government sources to repair 
     damages to or replace United States Government owned 
     automated track inspection cars and equipment as a result of 
     third party liability for such damages, and any amounts 
     collected under this section shall be credited directly to 
     the Safety and Operations account of the Federal Railroad 
     Administration, and shall remain available until expended for 
     the repair, operation and maintenance of automated track 
     inspection cars and equipment in connection with the 
     automated track inspection program.
       Sec. 154. The Federal Railroad Administrator shall submit a 
     quarterly report on April 1, 2009, and quarterly reports 
     thereafter, to the House and Senate Committees on 
     Appropriations detailing the Administrator's efforts at 
     improving the on-time performance of Amtrak intercity rail 
     service operating on non-Amtrak owned property. Such reports 
     shall compare the most recent actual on-time performance data 
     to pre-established on-time performance goals that the 
     Administrator shall set for each rail service, identified by 
     route. Such reports shall also include whatever other 
     information and data regarding the on-time performance of 
     Amtrak trains the Administrator deems to be appropriate. The 
     amounts made available in this title under the heading 
     ``Office of the Secretary, Salaries and Expenses'' shall be 
     reduced $100,000 for each day after the first day of each 
     quarter that the quarterly reports required by this section 
     are not submitted to the Congress.

                     Federal Transit Administration


                        Administrative Expenses

                     (including transfer of funds)

       For necessary administrative expenses of the Federal 
     Transit Administration's programs authorized by chapter 53 of 
     title 49, United States Code, $94,413,000: Provided, That of 
     the funds available under this heading, not to exceed 
     $1,800,000 shall be available for travel and not to exceed 
     $23,322,000 shall be available for the central account: 
     Provided further, That any funding transferred from the 
     central account shall be submitted for approval to the House 
     and Senate Committees on Appropriations: Provided further, 
     That none of the funds provided or limited in this Act may be 
     used to create a permanent office of transit security under 
     this heading: Provided further, That of the funds in this Act 
     available for the execution of contracts under section 
     5327(c) of title 49, United States Code, $2,000,000 shall be 
     transferred to the Department of Transportation's Office of 
     Inspector General for costs associated with audits and 
     investigations of transit-related issues, including reviews 
     of new fixed guideway systems: Provided further, That upon 
     submission to the Congress of the fiscal year 2010 
     President's budget, the Secretary of Transportation shall 
     transmit to Congress the annual report on new starts, 
     including proposed allocations of funds for fiscal year 2010.


                         Formula and Bus Grants

                  (liquidation of contract authority)

                      (limitation on obligations)

                          (highway trust fund)

       For payment of obligations incurred in carrying out the 
     provisions of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 
     5316, 5317, 5320, 5335, 5339, and 5340 and section 3038 of 
     Public Law 105-178, as amended, $8,670,000,000 to be derived 
     from the Mass Transit Account of the Highway Trust Fund and 
     to remain available until expended: Provided, That funds 
     available for the implementation or execution of programs 
     authorized under 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 
     5311, 5316, 5317, 5320, 5335, 5339, and 5340 and section 3038 
     of Public Law 105-178, as amended, shall not exceed total 
     obligations of $8,260,565,000 in fiscal year 2009.


                Research and University Research Centers

       For necessary expenses to carry out 49 U.S.C. 5306, 5312-
     5315, 5322, and 5506, $67,000,000, to remain available until 
     expended: Provided, That $10,000,000 is available to carry 
     out the transit cooperative research program under section 
     5313 of title 49, United States Code, $4,300,000 is available 
     for the National Transit Institute under section 5315 of 
     title 49, United States Code, and $7,000,000 is available for 
     university transportation centers program under section 5506 
     of title 49, United States Code: Provided further, That 
     $45,700,000 is available to carry out national research 
     programs under sections 5312, 5313, 5314, and 5322 of title 
     49, United States Code.


                       Capital Investment Grants

       For necessary expenses to carry out section 5309 of title 
     49, United States Code, $1,809,250,000, to remain available 
     until expended, of which no less than $200,000,000 is for 
     section 5309(e) of such title: Provided, That of the funds 
     available under this heading, amounts are to be made 
     available as follows:
       AC Transit BRT Corridor, California, $4,000,000.
       Bellevue-Redmond BRT, King County, Washington, $10,952,330.
       BRT, Potomac Yard-Crystal City, City of Alexandria and 
     Arlington County, Virginia, $1,000,000.
       BRT, State Avenue Corridor, Wyandotte County, Kansas, 
     $1,500,000.
       Central Corridor Light Rail Transit Project, Minnesota, 
     $20,000,000.
       Central Florida Commuter Rail, Florida, $13,000,000.
       Central Link Initial Segment, Seattle, Washington, 
     $25,962,062.
       Central Phoenix/East Valley Light Rail, Arizona, 
     $91,800,000.
       Charlotte Rapid Transit Extension, North Carolina, 
     $20,500,000.
       Commuter Rail Improvements, Fitchburg, Massachusetts, 
     $30,000,000.
       Commuter Rail Study--Phoenix to Tucson, Arizona, 
     $3,500,000.
       CTA Brown Line (Ravenswood), Illinois, $30,474,404.
       CTA Circle Line, Illinois, $6,000,000.
       Dallas Area Rapid Transit Northwest/Southeast Light Rail 
     MOS, Texas, $87,974,716.
       Downtown Orlando East-West Circulator System, Florida, 
     $8,000,000.
       Dulles Corridor Metrorail, Virginia, $29,100,000.
       Honolulu High Capacity Transit Corridor Project, Hawaii, 
     $20,000,000.
       Houston Metropolitan Transit Authority Advanced Transit 
     Program/METRO Solutions Phase 2, Texas, $15,000,000.
       Hudson-Bergen MOS-2, Northern, New Jersey, $1,103,860.
       I-69 HOV/BRT, Mississippi, $7,650,000.
       Improvements to the Rosslyn Metro Station, Virginia, 
     $2,000,000.
       JTA BRT System, Jacksonville, Florida, $1,280,000.
       Largo Metrorail Extension, District of Columbia/Maryland, 
     $34,700,000.
       Livermore-Amador BRT, Livermore, California, $7,990,000.
       Long Island Rail Road East Side Access, New York, 
     $209,623,898.
       Mason Corridor BRT, Fort Collins, Colorado, $11,182,000.
       MARC Capacity Improvements, Maryland, $13,000,000.
       Metra, Illinois, $24,000,000.
       Metro Gold Line Eastside Extension, Los Angeles, 
     California, $81,600,000.
       Metrorail Orange Line Extension Project, Florida, 
     $20,000,000.
       Metro Rapid Bus System Gap Closure, Los Angeles, 
     California, $332,620.
       Mid-City Rapid, San Diego, California, $19,485,000.
       Mid Jordan Light Rail Extension, Utah, $20,000,000.
       Mountain Links BRT, Flagstaff, Arizona, $5,614,200.
       Norfolk LRT, Virginia, $53,592,108.
       North Shore LRT Connector, Pennsylvania, $670,885.
       Northern Indiana Commuter Transit District, Indiana, 
     $5,000,000.
       Northstar Corridor Rail, Minnesota, $71,166,060.
       Pacific Highway South BRT, King County, Washington, 
     $281,520.
       Perris Valley Line, Riverside, California, $45,000,000.
       Pioneer Parkway EmX BRT, Springfield, Oregon, $296,000.
       San Francisco Muni Third Street Light Rail--Central Subway 
     Project, California, $10,000,000.
       Second Avenue Subway Phase 1, New York, $277,697,000.
       South Corridor BRT, Kent County, Michigan, $600,000.
       South Corridor I-205/Portland Mall LRT, Oregon, 
     $81,600,000.
       South County Commuter Rail, Wickford Junction Station, 
     Rhode Island, $1,345,500.
       South Sacramento Light Rail Extension, California, 
     $7,000,000.
       Southeast Corridor, LRT, Colorado, $1,031,210.

[[Page 5726]]

       Stamford Urban Transitway, Connecticut, $3,650,000.
       Streetcar Loop, Portland, Oregon, $45,000,000.
       Trans-Hudson Midtown Corridor, New Jersey, $48,000,000.
       Troost Corridor BRT, Kansas City, Missouri, $125,200.
       Tucson Modern Streetcar/Light Rail Transit System, Tucson, 
     Arizona, $2,000,000.
       University Link LRT Extension, Washington, $100,000,000.
       Van Ness BRT Project, San Francisco, California, $400,000.
       VRE Rolling Stock, Virginia, $5,000,000.
       Weber County to Salt Lake City Commuter Rail, Utah, 
     $81,600,000.
       West Corridor LRT, Colorado, $60,000,000.
       Wilshire Boulevard Bus-Only Lane, Los Angeles, California, 
     $9,857,097.


       Administrative Provisions--Federal Transit Administration

                        (including rescissions)

       Sec. 160. The limitations on obligations for the programs 
     of the Federal Transit Administration shall not apply to any 
     authority under 49 U.S.C. 5338, previously made available for 
     obligation, or to any other authority previously made 
     available for obligation.
       Sec. 161. Notwithstanding any other provision of law, funds 
     appropriated or limited by this Act under the Federal Transit 
     Administration, Capital Investment Grants account and for bus 
     and bus facilities under the Federal Transit Administration, 
     Formula and Bus Grants account for projects specified in this 
     Act or identified in reports accompanying this Act not 
     obligated by September 30, 2011, and other recoveries, shall 
     be directed to projects eligible to use the funds for the 
     purposes for which they were originally provided.
       Sec. 162. Notwithstanding any other provision of law, any 
     funds appropriated before October 1, 2008, under any section 
     of chapter 53 of title 49, United States Code, that remain 
     available for expenditure, may be transferred to and 
     administered under the most recent appropriation heading for 
     any such section.
       Sec. 163. Notwithstanding any other provision of law, 
     unobligated funds made available for new fixed guideway 
     system projects under the heading ``Federal Transit 
     Administration, Capital investment grants'' in any 
     appropriations Act prior to this Act may be used during this 
     fiscal year to satisfy expenses incurred for such projects.
       Sec. 164.  During fiscal year 2009, each Federal Transit 
     Administration grant for a project that involves the 
     acquisition or rehabilitation of a bus to be used in public 
     transportation shall be funded for 90 percent of the net 
     capital costs of a biodiesel bus or a factory-installed or 
     retrofitted hybrid electric propulsion system and any 
     equipment related to such a system: Provided, That the 
     Secretary shall have the discretion to determine, through 
     practicable administrative procedures, the costs attributable 
     to the system and related-equipment.
       Sec. 165. Notwithstanding any other provision of law, in 
     regard to the Central Link Initial Segment Project, to the 
     extent that Federal funds remain available within the current 
     budget for the project, the Secretary shall, immediately upon 
     the date of enactment of this Act, amend the Full Funding 
     Grant Agreement for said project to allow remaining Federal 
     funds to be used to support completion of the Airport Link 
     extension of said project.
       Sec. 166.  Any unexpended funds in Federal Transit 
     Administration grant numbers KS-03-0018 and KS-03-0032 shall 
     be made available, at the request of the State, for a bus 
     rapid transit project and related capital purchases and 
     facility improvements, in Johnson County, Kansas City, KS 
     under the terms and conditions required to carry out section 
     5309(b)(3) of title 49, United States Code to the extent 
     applicable.
       Sec. 167. Of the balances available for this fiscal year to 
     carry out 49 U.S.C. 5309(b) left to the discretion of the 
     Secretary of Transportation, $100,000,000 are permanently 
     rescinded.
       Sec. 168. None of the funds provided or limited under this 
     Act may be used to issue a final regulation under section 
     5309 of title 49, United States Code, except that the Federal 
     Transit Administration may continue to review comments 
     received on the proposed rule (Docket No. FTA-2006-25737).
       Sec. 169. Funds made available for Alaska or Hawaii ferry 
     boats or ferry terminal facilities pursuant to 49 U.S.C. 
     5309(m)(2)(B) may be used to construct new vessels and 
     facilities, or to improve existing vessels and facilities, 
     including both the passenger and vehicle-related elements of 
     such vessels and facilities, and for repair facilities: 
     Provided, That not more than $4,000,000 of the funds made 
     available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by 
     the City and County of Honolulu to operate a passenger ferry 
     boat service demonstration project to test the viability of 
     different intra-island ferry boat routes and technologies.
       Sec. 170. Notwithstanding any other provision of law, 
     unobligated funds or recoveries under section 5309 of title 
     49, United States Code, that are available to the Secretary 
     of Transportation for reallocation shall be directed to 
     projects eligible to use the funds for the purposes for which 
     they were originally provided.
       Sec. 171. Notwithstanding any other provision of law, the 
     $2,695,000 appropriated for the Charlotte Rapid Transit 
     Extension--Northeast Corridor Light Rail Project, North 
     Carolina under the Alternatives Analysis Account in division 
     K of the Consolidated Appropriations Act, 2008 (Public Law 
     110-161) shall be used for the Charlotte Rapid Transit 
     Extension--Northeast Corridor to carry out new fixed guideway 
     or extension to existing fixed guideway activities described 
     in section 5309 of title 49, United States Code.

             Saint Lawrence Seaway Development Corporation

       The Saint Lawrence Seaway Development Corporation is hereby 
     authorized to make such expenditures, within the limits of 
     funds and borrowing authority available to the Corporation, 
     and in accord with law, and to make such contracts and 
     commitments without regard to fiscal year limitations as 
     provided by section 104 of the Government Corporation Control 
     Act, as amended, as may be necessary in carrying out the 
     programs set forth in the Corporation's budget for the 
     current fiscal year.


                       operations and maintenance

                    (harbor maintenance trust fund)

       For necessary expenses for operations, maintenance, and 
     capital asset renewal of those portions of the Saint Lawrence 
     Seaway owned, operated, and maintained by the Saint Lawrence 
     Seaway Development Corporation, $31,842,000, to be derived 
     from the Harbor Maintenance Trust Fund, pursuant to Public 
     Law 99-662.

                        Maritime Administration


                       Maritime Security Program

       For necessary expenses to maintain and preserve a U.S.-flag 
     merchant fleet to serve the national security needs of the 
     United States, $174,000,000, to remain available until 
     expended.


                        Operations and Training

       For necessary expenses of operations and training 
     activities authorized by law, $123,360,000, of which 
     $10,500,000 shall remain available until expended for 
     maintenance and repair of Schoolships at State Maritime 
     Schools, of which $8,150,000 shall remain available until 
     expended for capital improvements at the United States 
     Merchant Marine Academy, and of which $53,208,000 shall be 
     available for operations at the United States Merchant Marine 
     Academy: Provided, That amounts apportioned for the United 
     States Merchant Marine Academy shall be available only upon 
     allotments made personally by the Secretary of Transportation 
     and not a designee: Provided further, That the 
     Superintendent, Deputy Superintendent and the Director of the 
     Office of Resource Management of the United States Merchant 
     Marine Academy may not be allotment holders for the United 
     States Merchant Marine Academy, and the Administrator of 
     Maritime Administration shall hold all allotments made by the 
     Secretary of Transportation under the previous proviso: 
     Provided further, That 50 percent of the funding made 
     available for the United States Merchant Marine Academy under 
     this heading shall be available only after the Secretary, in 
     consultation with the Maritime Administration, completes a 
     plan detailing by program or activity and by object class how 
     such funding will be expended at the Academy, and this plan 
     is submitted to the House and Senate Committees on 
     Appropriations.


                             Ship Disposal

       For necessary expenses related to the disposal of obsolete 
     vessels in the National Defense Reserve Fleet of the Maritime 
     Administration, $15,000,000, to remain available until 
     expended.


                     Assistance to Small Shipyards

       To make grants to qualified shipyards as authorized under 
     section 3506 of Public Law 109-163 or section 54101 of title 
     46, United States Code, $17,500,000, to remain available 
     until expended: Provided, That to be considered for 
     assistance, a qualified shipyard shall submit an application 
     for assistance no later than 60 days after enactment of this 
     Act: Provided further, That from applications submitted under 
     the previous proviso, the Secretary of Transportation shall 
     make grants no later than 120 days after enactment of this 
     Act in such amounts as the Secretary determines: Provided 
     further, That not to exceed 2 percent of the funds 
     appropriated under this heading shall be available for 
     necessary costs of grant administration.

          maritime guaranteed loan (title xi) program account

                     (including transfer of funds)

       For administrative expenses to carry out the guaranteed 
     loan program, not to exceed $3,531,000, which shall be 
     transferred to and merged with the appropriation for 
     ``Operations and Training'', Maritime Administration.


                           Ship Construction

                              (rescission)

       Of the unobligated balances available under this heading, 
     $1,382,554 are rescinded.


           Administrative Provisions--Maritime Administration

       Sec. 175. Notwithstanding any other provision of this Act, 
     the Maritime Administration is authorized to furnish 
     utilities and

[[Page 5727]]

     services and make necessary repairs in connection with any 
     lease, contract, or occupancy involving Government property 
     under control of the Maritime Administration, and payments 
     received therefor shall be credited to the appropriation 
     charged with the cost thereof: Provided, That rental payments 
     under any such lease, contract, or occupancy for items other 
     than such utilities, services, or repairs shall be covered 
     into the Treasury as miscellaneous receipts.
       Sec. 176. No obligations shall be incurred during the 
     current fiscal year from the construction fund established by 
     the Merchant Marine Act, 1936 (46 U.S.C. 53101 note (cds)), 
     or otherwise, in excess of the appropriations and limitations 
     contained in this Act or in any prior appropriations Act.
       Sec. 177. Section 51509 of title 46, United States Code, is 
     amended in subsection (b) by deleting ``$4,000'' and 
     inserting in lieu thereof ``$8,000'' and by inserting 
     ``tuition,'' after ``uniforms,''.

         Pipeline and Hazardous Materials Safety Administration


                        Administrative Expenses

                         (pipeline safety fund)

       For necessary operational expenses of the Pipeline and 
     Hazardous Materials Safety Administration, $19,130,000, of 
     which $639,000 shall be derived from the Pipeline Safety 
     Fund: Provided, That $1,000,000 shall be transferred to 
     ``Pipeline Safety'' in order to fund ``Pipeline safety 
     information grants to communities'' as authorized in section 
     60130 of title 49, United States Code: Provided further, That 
     grants described under the previous proviso shall be awarded 
     within 120 days of enactment of this Act.


                       hazardous materials safety

       For expenses necessary to discharge the hazardous materials 
     safety functions of the Pipeline and Hazardous Materials 
     Safety Administration, $32,000,000, of which $3,302,000 shall 
     remain available until September 30, 2011: Provided, That up 
     to $800,000 in fees collected under 49 U.S.C. 5108(g) shall 
     be deposited in the general fund of the Treasury as 
     offsetting receipts: Provided further, That there may be 
     credited to this appropriation, to be available until 
     expended, funds received from States, counties, 
     municipalities, other public authorities, and private sources 
     for expenses incurred for training, for reports publication 
     and dissemination, and for travel expenses incurred in 
     performance of hazardous materials exemptions and approvals 
     functions.


                            Pipeline Safety

                         (pipeline safety fund)

                    (oil spill liability trust fund)

       For expenses necessary to conduct the functions of the 
     pipeline safety program, for grants-in-aid to carry out a 
     pipeline safety program, as authorized by 49 U.S.C. 60107, 
     and to discharge the pipeline program responsibilities of the 
     Oil Pollution Act of 1990, $93,291,000, of which $18,810,000 
     shall be derived from the Oil Spill Liability Trust Fund and 
     shall remain available until September 30, 2011; and of which 
     $74,481,000 shall be derived from the Pipeline Safety Fund, 
     of which $40,081,000 shall remain available until September 
     30, 2011: Provided, That not less than $1,043,000 of the 
     funds provided under this heading shall be for the one-call 
     State grant program.


                     Emergency Preparedness Grants

                     (emergency preparedness fund)

       For necessary expenses to carry out 49 U.S.C. 5128(b), 
     $188,000, to be derived from the Emergency Preparedness Fund, 
     to remain available until September 30, 2010: Provided, That 
     not more than $28,318,000 shall be made available for 
     obligation in fiscal year 2009 from amounts made available by 
     49 U.S.C. 5116(i) and 5128(b)-(c): Provided further, That 
     none of the funds made available by 49 U.S.C. 5116(i), 
     5128(b), or 5128(c) shall be made available for obligation by 
     individuals other than the Secretary of Transportation, or 
     his or her designee.

           Research and Innovative Technology Administration


                        Research and Development

       For necessary expenses of the Research and Innovative 
     Technology Administration, $12,900,000, of which $6,936,000 
     shall remain available until September 30, 2011: Provided, 
     That there may be credited to this appropriation, to be 
     available until expended, funds received from States, 
     counties, municipalities, other public authorities, and 
     private sources for expenses incurred for training.

                      Office of Inspector General


                         Salaries and Expenses

       For necessary expenses of the Office of Inspector General 
     to carry out the provisions of the Inspector General Act of 
     1978, as amended, $71,400,000: Provided, That the Inspector 
     General shall have all necessary authority, in carrying out 
     the duties specified in the Inspector General Act, as amended 
     (5 U.S.C. App. 3), to investigate allegations of fraud, 
     including false statements to the government (18 U.S.C. 
     1001), by any person or entity that is subject to regulation 
     by the Department: Provided further, That the funds made 
     available under this heading shall be used to investigate, 
     pursuant to section 41712 of title 49, United States Code: 
     (1) unfair or deceptive practices and unfair methods of 
     competition by domestic and foreign air carriers and ticket 
     agents; and (2) the compliance of domestic and foreign air 
     carriers with respect to item (1) of this proviso.

                      Surface Transportation Board


                         Salaries and Expenses

       For necessary expenses of the Surface Transportation Board, 
     including services authorized by 5 U.S.C. 3109, $26,847,000: 
     Provided, That notwithstanding any other provision of law, 
     not to exceed $1,250,000 from fees established by the 
     Chairman of the Surface Transportation Board shall be 
     credited to this appropriation as offsetting collections and 
     used for necessary and authorized expenses under this 
     heading: Provided further, That the sum herein appropriated 
     from the general fund shall be reduced on a dollar-for-dollar 
     basis as such offsetting collections are received during 
     fiscal year 2009, to result in a final appropriation from the 
     general fund estimated at no more than $25,597,000.

            General Provisions--Department of Transportation

       Sec. 180.  During the current fiscal year applicable 
     appropriations to the Department of Transportation shall be 
     available for maintenance and operation of aircraft; hire of 
     passenger motor vehicles and aircraft; purchase of liability 
     insurance for motor vehicles operating in foreign countries 
     on official department business; and uniforms or allowances 
     therefor, as authorized by law (5 U.S.C. 5901-5902).
       Sec. 181. Appropriations contained in this Act for the 
     Department of Transportation shall be available for services 
     as authorized by 5 U.S.C. 3109, but at rates for individuals 
     not to exceed the per diem rate equivalent to the rate for an 
     Executive Level IV.
       Sec. 182. None of the funds in this Act shall be available 
     for salaries and expenses of more than 110 political and 
     Presidential appointees in the Department of Transportation: 
     Provided, That none of the personnel covered by this 
     provision may be assigned on temporary detail outside the 
     Department of Transportation.
       Sec. 183. None of the funds in this Act shall be used to 
     implement section 404 of title 23, United States Code.
       Sec. 184. (a) No recipient of funds made available in this 
     Act shall disseminate personal information (as defined in 18 
     U.S.C. 2725(3)) obtained by a State department of motor 
     vehicles in connection with a motor vehicle record as defined 
     in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721 
     for a use permitted under 18 U.S.C. 2721.
       (b) Notwithstanding subsection (a), the Secretary shall not 
     withhold funds provided in this Act for any grantee if a 
     State is in noncompliance with this provision.
       Sec. 185. Funds received by the Federal Highway 
     Administration, Federal Transit Administration, and Federal 
     Railroad Administration from States, counties, 
     municipalities, other public authorities, and private sources 
     for expenses incurred for training may be credited 
     respectively to the Federal Highway Administration's 
     ``Federal-Aid Highways'' account, the Federal Transit 
     Administration's ``Research and University Research Centers'' 
     account, and to the Federal Railroad Administration's 
     ``Safety and Operations'' account, except for State rail 
     safety inspectors participating in training pursuant to 49 
     U.S.C. 20105.
       Sec. 186. Funds provided or limited in this Act under the 
     appropriate accounts within the Federal Highway 
     Administration, the Federal Railroad Administration and the 
     Federal Transit Administration shall be for the eligible 
     programs, projects and activities in the corresponding 
     amounts identified in the explanatory statement accompanying 
     this Act for ``Ferry Boats and Ferry Terminal Facilities'', 
     ``Federal Lands'', ``Interstate Maintenance Discretionary'', 
     ``Transportation, Community and System Preservation 
     Program'', ``Delta Region Transportation Development 
     Program'', ``Rail Line Relocation and Improvement Program'', 
     ``Rail-highway crossing hazard eliminations'', ``Alternatives 
     analysis'', and ``Bus and bus facilities''.
       Sec. 187. Notwithstanding any other provisions of law, rule 
     or regulation, the Secretary of Transportation is authorized 
     to allow the issuer of any preferred stock heretofore sold to 
     the Department to redeem or repurchase such stock upon the 
     payment to the Department of an amount determined by the 
     Secretary.
       Sec. 188.  None of the funds in this Act to the Department 
     of Transportation may be used to make a grant unless the 
     Secretary of Transportation notifies the House and Senate 
     Committees on Appropriations not less than 3 full business 
     days before any discretionary grant award, letter of intent, 
     or full funding grant agreement totaling $500,000 or more is 
     announced by the department or its modal administrations 
     from: (1) any discretionary grant program of the Federal 
     Highway Administration including the emergency relief 
     program; (2) the airport improvement program of the Federal 
     Aviation Administration; (3) any grant from the Federal 
     Railroad Administration; or (4) any program of the Federal 
     Transit Administration other than the formula grants and 
     fixed guideway modernization programs: Provided, That the 
     Secretary gives concurrent notification to the House and 
     Senate Committees

[[Page 5728]]

     on Appropriations for any ``quick release'' of funds from the 
     emergency relief program: Provided further, That no 
     notification shall involve funds that are not available for 
     obligation.
       Sec. 189. Rebates, refunds, incentive payments, minor fees 
     and other funds received by the Department of Transportation 
     from travel management centers, charge card programs, the 
     subleasing of building space, and miscellaneous sources are 
     to be credited to appropriations of the Department of 
     Transportation and allocated to elements of the Department of 
     Transportation using fair and equitable criteria and such 
     funds shall be available until expended.
       Sec. 190.  Amounts made available in this or any other Act 
     that the Secretary determines represent improper payments by 
     the Department of Transportation to a third party contractor 
     under a financial assistance award, which are recovered 
     pursuant to law, shall be available--
       (1) to reimburse the actual expenses incurred by the 
     Department of Transportation in recovering improper payments; 
     and
       (2) to pay contractors for services provided in recovering 
     improper payments or contractor support in the implementation 
     of the Improper Payments Information Act of 2002: Provided, 
     That amounts in excess of that required for paragraphs (1) 
     and (2)--
       (A) shall be credited to and merged with the appropriation 
     from which the improper payments were made, and shall be 
     available for the purposes and period for which such 
     appropriations are available; or
       (B) if no such appropriation remains available, shall be 
     deposited in the Treasury as miscellaneous receipts: Provided 
     further, That prior to the transfer of any such recovery to 
     an appropriations account, the Secretary shall notify the 
     House and Senate Committees on Appropriations of the amount 
     and reasons for such transfer: Provided further, That for 
     purposes of this section, the term ``improper payments'', has 
     the same meaning as that provided in section 2(d)(2) of 
     Public Law 107-300.
       Sec. 191. Notwithstanding any other provision of law, if 
     any funds provided in or limited by this Act are subject to a 
     reprogramming action that requires notice to be provided to 
     the House and Senate Committees on Appropriations, said 
     reprogramming action shall be approved or denied solely by 
     the Committees on Appropriations: Provided, That the 
     Secretary may provide notice to other congressional 
     committees of the action of the Committees on Appropriations 
     on such reprogramming but not sooner than 30 days following 
     the date on which the reprogramming action has been approved 
     or denied by the House and Senate Committees on 
     Appropriations.
       Sec. 192. (a) None of the funds appropriated or otherwise 
     made available under this Act to the Surface Transportation 
     Board of the Department of Transportation may be used to take 
     any action to allow any activity described in subsection (b) 
     in a case, matter, or declaratory order involving a railroad, 
     or an entity claiming or seeking authority to operate as a 
     railroad, unless the Board receives written assurance from 
     the Governor, or the Governor's designee, of the State in 
     which such activity will occur that such railroad or entity 
     has agreed to comply with State and local regulations that 
     establish public health, safety, and environmental standards 
     for the activities described in subsection (b), other than 
     zoning laws or regulations.
       (b) Activities referred to in subsection (a) are activities 
     that occur at a solid waste rail transfer facility 
     involving--
       (1) the collection, storage, or transfer of solid waste (as 
     defined in section 1004 of the Solid Waste Disposal Act (42 
     U.S.C. 6903)) outside of original shipping containers; or
       (2) the separation or processing of solid waste (including 
     baling, crushing, compacting, and shredding).
       Sec. 193. None of the funds appropriated or otherwise made 
     available under this Act may be used by the Surface 
     Transportation Board of the Department of Transportation to 
     charge or collect any filing fee for rate complaints filed 
     with the Board in an amount in excess of the amount 
     authorized for district court civil suit filing fees under 
     section 1914 of title 28, United States Code.
       Sec. 194. Of the funds made available or limited by this 
     Act, which are not otherwise allocated under this Act or 
     under SAFETEA-LU (Public Law 109-59) or necessary to fulfill 
     existing agreements between the Department of Transportation 
     and metropolitan areas under the ``Urban Partnerships'' and 
     ``Congestion-Reduction Demonstration'' programs, not more 
     than 10 percent of such funds for any program that is 
     allocated at the discretion of the Secretary may be expended 
     in furtherance of the Department of Transportation's 
     ``National Strategy to Reduce Congestion on America's 
     Transportation Network'' issued May 2006 by Secretary of 
     Transportation, the Honorable Norman Mineta; also known as 
     the ``Congestion Initiative'' or any other new congestion 
     initiative.
       Sec. 195. Of the funds available for Ferry Boats and Ferry 
     Terminal Facilities, $950,000 shall be for Missouri River, 
     Route 240, Saline and Howard Counties for expenses, including 
     reimbursement of previously incurred expenses, for 
     alternative transportation (including ferryboat service) 
     during bridge replacement.
       Sec. 196. Notwithstanding any other provision of law, the 
     State of New Mexico may use funds apportioned to the State 
     under section 104(b)(2) of title 23, United States Code, for 
     the congestion mitigation and air quality improvement program 
     under section 149 of title 23, United States Code, to support 
     the operation of commuter rail service between Belen and 
     Bernalillo, New Mexico.
       Sec. 197. Notwithstanding any other provision of law, funds 
     made available in fiscal years 2006 through 2009 for item 
     number 598 in section 3044(a) of Public Law 109-59 that are 
     unobligated or unexpended in a grant shall be made available 
     to OATS, Incorporated for buses and bus-related facilities.
       Sec. 198. Notwithstanding any other provision of law, funds 
     made available in fiscal years 2006 through 2009 for item 
     number 1152 in section 1702 of Public Law 109-59 that are 
     unobligated or unexpended shall be made available for 
     maintenance, repair and reconstruction of the Tucker Bridge 
     in the City of St. Louis, Missouri.
       Sec. 199. Notwithstanding any other provision of law, 
     section 198 of division K of Public Law 110-161 shall 
     continue in effect during fiscal year 2009.
        This title may be cited as the ``Department of 
     Transportation Appropriations Act, 2009''.

                                TITLE II

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                     Management and Administration


                          executive direction

       For necessary salaries and expenses for Executive 
     Direction, $23,799,456, of which not to exceed $3,885,581 
     shall be available for the immediate Office of the Secretary 
     and Deputy Secretary; not to exceed $1,613,898 shall be 
     available for the Office of Hearings and Appeals; not to 
     exceed $544,552 shall be available for the Office of Small 
     and Disadvantaged Business Utilization; not to exceed 
     $720,343 shall be available for the immediate Office of the 
     Chief Financial Officer; not to exceed $1,516,800 shall be 
     available for the immediate Office of the General Counsel; 
     not to exceed $2,715,488 shall be available to the Office of 
     the Assistant Secretary for Congressional and 
     Intergovernmental Relations; not to exceed $2,586,721 shall 
     be available for the Office of the Assistant Secretary for 
     Public Affairs; not to exceed $1,005,120 shall be available 
     for the Office of the Assistant Secretary for Administration; 
     not to exceed $1,602,655 shall be available to the Office of 
     the Assistant Secretary for Public and Indian Housing; not to 
     exceed $1,707,499 shall be available to the Office of the 
     Assistant Secretary for Community Planning and Development; 
     not to exceed $3,778,560 shall be available to the Office of 
     the Assistant Secretary for Housing, Federal Housing 
     Commissioner; not to exceed $1,431,212 shall be available to 
     the Office of the Assistant Secretary for Policy Development 
     and Research; and not to exceed $691,027 shall be available 
     to the Office of the Assistant Secretary for Fair Housing and 
     Equal Opportunity: Provided, That the Secretary of the 
     Department of Housing and Urban Development is authorized to 
     transfer funds appropriated for any office funded under this 
     heading to any other office funded under this heading 
     following the written notification to the House and Senate 
     Committees on Appropriations: Provided further, That no 
     appropriation for any office shall be increased or decreased 
     by more than 5 percent by all such transfers: Provided 
     further, That notice of any change in funding greater than 5 
     percent shall be submitted for prior approval to the House 
     and Senate Committees on Appropriations: Provided further, 
     That the Secretary shall provide the Committees on 
     Appropriations quarterly written notification regarding the 
     status of pending congressional reports: Provided further, 
     That the Secretary shall provide all signed reports required 
     by Congress electronically: Provided further, That not to 
     exceed $25,000 of the amount made available under this 
     paragraph for the immediate Office of the Secretary shall be 
     available for official reception and representation expenses 
     as the Secretary may determine.


               Administration, Operations and Management

       For necessary salaries and expenses for administration, 
     operations and management for the Department of Housing and 
     Urban Development, $527,433,640, of which not to exceed 
     $75,510,000 shall be available for the personnel compensation 
     and benefits of the Office of Administration; not to exceed 
     $11,003,940 shall be available for the personnel compensation 
     and benefits of the Office of Departmental Operations and 
     Coordination; not to exceed $48,817,430 shall be available 
     for the personnel compensation and benefits of the Office of 
     Field Policy and Management; not to exceed $13,438,200 shall 
     be available for the personnel compensation and benefits of 
     the Office of the Chief Procurement Officer; not to exceed 
     $34,028,820 shall be available for the personnel compensation 
     and benefits of the remaining staff in the Office of the 
     Chief Financial Officer; not to exceed $84,837,460 shall be 
     available for the personnel compensation and benefits of the 
     remaining staff in the Office of the General Counsel; not to 
     exceed $3,085,120 shall be available for the personnel 
     compensation and benefits of the Office of Departmental

[[Page 5729]]

     Equal Employment Opportunity; not to exceed $1,215,280 shall 
     be available for the personnel compensation and benefits for 
     the Center for Faith-Based and Community Initiatives; and not 
     to exceed $255,497,390 shall be available for non-personnel 
     expenses of the Department of Housing and Urban Development: 
     Provided, That, funds provided under this heading may be used 
     for necessary administrative and non-administrative expenses 
     of the Department of Housing and Urban Development, not 
     otherwise provided for, including purchase of uniforms, or 
     allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
     hire of passenger motor vehicles; services as authorized by 5 
     U.S.C. 3109: Provided further, That notwithstanding any other 
     provision of law, funds appropriated under this heading may 
     be used for advertising and promotional activities that 
     support the housing mission area: Provided further, That the 
     Secretary of Housing and Urban Development is authorized to 
     transfer funds appropriated for any office included in 
     Administration, Operations and Management to any other office 
     included in Administration, Operations and Management only 
     after such transfer has been submitted to, and received prior 
     written approval by, the House and Senate Committees on 
     Appropriations: Provided further, That no appropriation for 
     any office shall be increased or decreased by more than 10 
     percent by all such transfers.

                  Personnel Compensation and Benefits


                       Public and Indian Housing

       For necessary personnel compensation and benefits expenses 
     of the Office of Public and Indian Housing, $190,390,100.


                   Community Planning and Development

       For necessary personnel compensation and benefits expenses 
     of the Office of Community Planning and Development mission 
     area, $94,233,700.


                                Housing

       For necessary personnel compensation and benefits expenses 
     of the Office of Housing, $363,198,000.


         office of the government national mortgage association

       For necessary personnel compensation and benefits expenses 
     of the Office of the Government National Mortgage 
     Association, $10,000,000, to be derived from the GNMA 
     guarantees of mortgage backed securities guaranteed loan 
     receipt account.


                    Policy Development and Research

       For necessary personnel compensation and benefits expenses 
     of the Office of Policy Development and Research, 
     $18,070,850.


                   Fair Housing and Equal Opportunity

       For necessary personnel compensation and benefits expenses 
     of the Office of Fair Housing and Equal Opportunity, 
     $69,020,990.


            Office of Healthy Homes and Lead Hazard Control

       For necessary personnel compensation and benefits expenses 
     of the Office of Healthy Homes and Lead Hazard Control, 
     $6,727,950.

                       Public and Indian Housing


                     tenant-based rental assistance

                     (including transfer of funds)

       For activities and assistance for the provision of tenant-
     based rental assistance authorized under the United States 
     Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.) 
     (``the Act'' herein), not otherwise provided for, 
     $16,817,000,000, to remain available until expended, of which 
     $12,817,000,000 shall be available on October 1, 2008, and 
     $4,000,000,000 shall be available on October 1, 2009: 
     Provided, That the amounts made available under this heading 
     are provided as follows:
       (1) $15,034,071,000 shall be available for renewals of 
     expiring section 8 tenant-based annual contributions 
     contracts (including renewals of enhanced vouchers under any 
     provision of law authorizing such assistance under section 
     8(t) of the Act) and including renewal of other designated 
     housing vouchers initially funded in fiscal year 2008 (such 
     as Family Unification, Veterans Affairs Supportive Housing 
     Vouchers and Non-elderly Disabled Vouchers): Provided, That 
     notwithstanding any other provision of law, from amounts 
     provided under this paragraph and any carryover, the 
     Secretary for the calendar year 2009 funding cycle shall 
     provide renewal funding for each public housing agency based 
     on voucher management system (VMS) leasing and cost data for 
     the most recent Federal fiscal year and by applying the 2009 
     Annual Adjustment Factor as established by the Secretary, and 
     by making any necessary adjustments for the costs associated 
     with deposits to family self-sufficiency program escrow 
     accounts or first-time renewals including tenant protection 
     or HOPE VI vouchers: Provided further, That none of the funds 
     provided under this paragraph may be used to fund a total 
     number of unit months under lease which exceeds a public 
     housing agency's authorized level of units under contract: 
     Provided further, That the Secretary shall, to the extent 
     necessary to stay within the amount specified under this 
     paragraph (except as otherwise modified under this Act), pro 
     rate each public housing agency's allocation otherwise 
     established pursuant to this paragraph: Provided further, 
     That except as provided in the last two provisos, the entire 
     amount specified under this paragraph (except as otherwise 
     modified under this Act) shall be obligated to the public 
     housing agencies based on the allocation and pro rata method 
     described above and the Secretary shall notify public housing 
     agencies of their annual budget not later than 60 days after 
     enactment of this Act: Provided further, That the Secretary 
     may extend the 60-day notification period with the written 
     approval of the House and Senate Committees on 
     Appropriations: Provided further, That public housing 
     agencies participating in the Moving to Work demonstration 
     shall be funded pursuant to their Moving to Work agreements 
     and shall be subject to the same pro rata adjustments under 
     the previous provisos: Provided further, That up to 
     $100,000,000 shall be available only: (1) to adjust the 
     allocations for public housing agencies, after application 
     for an adjustment by a public housing agency that experienced 
     a significant increase, as determined by the Secretary, in 
     renewal costs of tenant-based rental assistance resulting 
     from unforeseen circumstances or from portability under 
     section 8(r) of the Act; (2) for adjustments for public 
     housing agencies with voucher leasing rates at the end of the 
     calendar year that exceed the average leasing for the 12-
     month period used to establish the allocation; (3) for 
     adjustments for the costs associated with VASH vouchers; and 
     (4) for vouchers that were not in use during the 12-month 
     period in order to be available to meet a commitment pursuant 
     to section 8(o)(13) of the Act.
       (2) $150,000,000 for section 8 rental assistance for 
     relocation and replacement of housing units that are 
     demolished or disposed of pursuant to the Omnibus 
     Consolidated Rescissions and Appropriations Act of 1996 
     (Public Law 104-134), conversion of section 23 projects to 
     assistance under section 8, the family unification program 
     under section 8(x) of the Act, relocation of witnesses in 
     connection with efforts to combat crime in public and 
     assisted housing pursuant to a request from a law enforcement 
     or prosecution agency, enhanced vouchers under any provision 
     of law authorizing such assistance under section 8(t) of the 
     Act, HOPE VI vouchers, mandatory and voluntary conversions, 
     and tenant protection assistance including replacement and 
     relocation assistance or for project based assistance to 
     prevent the displacement of unassisted elderly tenants 
     currently residing in section 202 properties financed between 
     1959 and 1974 that are refinanced pursuant to Public Law 106-
     569, as amended or under the authority as provided under this 
     Act: Provided, That the Secretary shall provide replacement 
     vouchers for all units that were occupied within the previous 
     24 months that cease to be available as assisted housing, 
     subject only to the availability of funds.
       (3) Not to exceed $7,929,000 provided under this heading 
     may be transferred to the Working Capital Fund: Provided, 
     That funding made available under this section shall not be 
     transferred to the Working Capital Fund until the voucher 
     management system leasing and cost data is made available to 
     the public on the Department of Housing and Urban Development 
     website.
       (4) $1,500,000,000 for administrative and other expenses of 
     public housing agencies in administering the section 8 
     tenant-based rental assistance program and which up to 
     $50,000,000 shall be available to the Secretary to allocate 
     to public housing agencies that need additional funds to 
     administer their section 8 programs, including fees 
     associated with section 8 tenant protection rental 
     assistance, the administration of disaster related vouchers, 
     Veterans Affairs Supportive Housing vouchers, and other 
     incremental vouchers: Provided, That no less than 
     $1,400,000,000 of the amount provided in this paragraph shall 
     be allocated to public housing agencies for the calendar year 
     2009 funding cycle based on section 8(q) of the Act (and 
     related Appropriation Act provisions) as in effect 
     immediately before the enactment of the Quality Housing and 
     Work Responsibility Act of 1998 (Public Law 105-276): 
     Provided further, That if the amounts made available under 
     this paragraph are insufficient to pay the amounts determined 
     under the previous proviso, the Secretary may decrease the 
     amounts allocated to agencies by a uniform percentage 
     applicable to all agencies receiving funding under this 
     paragraph or may, to the extent necessary to provide full 
     payment of amounts determined under the previous proviso, 
     utilize unobligated balances, including recaptures and 
     carryovers, remaining from funds appropriated to the 
     Department of Housing and Urban Development under this 
     heading, for fiscal year 2008 and prior fiscal years, 
     notwithstanding the purposes for which such amounts were 
     appropriated: Provided further, That amounts provided under 
     this paragraph shall be only for activities related to the 
     provision of tenant- based rental assistance authorized under 
     section 8, including related development activities: Provided 
     further, That of the total amount provided under this 
     paragraph, $50,000,000 shall be made available for family 
     self-sufficiency coordinators under section 23 of the Act.
       (5) $20,000,000 for incremental voucher assistance through 
     the Family Unification Program: Provided, That the assistance 
     made available under this paragraph shall continue to remain 
     available for family unification upon turnover: Provided 
     further, That

[[Page 5730]]

     the Secretary of Housing and Urban Development shall make 
     such funding available, notwithstanding section 204 
     (competition provision) of this title, to entities with 
     demonstrated experience and resources for supportive 
     services.
       (6) $75,000,000 for incremental rental voucher assistance 
     for use through a supported housing program administered in 
     conjunction with the Department of Veterans Affairs as 
     authorized under section 8(o)(19) of the United States 
     Housing Act of 1937: Provided, That the Secretary of Housing 
     and Urban Development shall make such funding available, 
     notwithstanding section 204 (competition provision) of this 
     title, to public housing agencies that partner with eligible 
     VA Medical Centers or other entities as designated by the 
     Secretary of the Department of Veterans Affairs, based on 
     geographical need for such assistance as identified by the 
     Secretary of the Department of Veterans Affairs, public 
     housing agency administrative performance, and other factors 
     as specified by the Secretary of Housing and Urban 
     Development in consultation with the Secretary of the 
     Department of Veterans Affairs: Provided further, That the 
     Secretary of Housing and Urban Development may waive, or 
     specify alternative requirements for (in consultation with 
     the Secretary of the Department of Veterans Affairs), any 
     provision of any statute or regulation that the Secretary of 
     Housing and Urban Development administers in connection with 
     the use of funds made available under this paragraph (except 
     for requirements related to fair housing, nondiscrimination, 
     labor standards, and the environment), upon a finding by the 
     Secretary that any such waivers or alternative requirements 
     are necessary for the effective delivery and administration 
     of such voucher assistance: Provided further, That assistance 
     made available under this paragraph shall continue to remain 
     available for homeless veterans upon turn-over.
       (7) $30,000,000 for incremental vouchers under section 8 of 
     the Act for nonelderly disabled families: Provided, That 
     assistance made available under this paragraph shall continue 
     to remain available for the same population upon turnover: 
     Provided further, That the Secretary of Housing and Urban 
     Development shall make such funding available, 
     notwithstanding section 204 (competition provision) of this 
     title, to entities with demonstrated experience and resources 
     for supportive services.


                        housing certificate fund

       Of the unobligated balances, including recaptures and 
     carryover, remaining from funds appropriated to the 
     Department of Housing and Urban Development under this 
     heading, the heading ``Annual Contributions for Assisted 
     Housing'' and the heading ``Project-Based Rental 
     Assistance'', for fiscal year 2009 and prior years may be 
     used for renewal of or amendments to section 8 project-based 
     contracts and for performance-based contract administrators, 
     notwithstanding the purposes for which such funds were 
     appropriated: Provided, That any obligated balances of 
     contract authority from fiscal year 1974 and prior that have 
     been terminated shall be cancelled.

                      public housing capital fund

                     (including transfer of funds)

       For the Public Housing Capital Fund Program to carry out 
     capital and management activities for public housing 
     agencies, as authorized under section 9 of the United States 
     Housing Act of 1937 (42 U.S.C. 1437g) (the ``Act'') 
     $2,450,000,000, to remain available until September 30, 2012: 
     Provided, That notwithstanding any other provision of law or 
     regulation, during fiscal year 2009 the Secretary of Housing 
     and Urban Development may not delegate to any Department 
     official other than the Deputy Secretary and the Assistant 
     Secretary for Public and Indian Housing any authority under 
     paragraph (2) of section 9(j) regarding the extension of the 
     time periods under such section: Provided further, That for 
     purposes of such section 9(j), the term ``obligate'' means, 
     with respect to amounts, that the amounts are subject to a 
     binding agreement that will result in outlays, immediately or 
     in the future: Provided further, That of the total amount 
     provided under this heading, up to $10,000,000 shall be for 
     carrying out activities under section 9(h) of such Act; not 
     to exceed $14,577,000 may be transferred to the Working 
     Capital Fund; and up to $15,345,000 shall be to support the 
     ongoing Public Housing Financial and Physical Assessment 
     activities of the Real Estate Assessment Center (REAC): 
     Provided further, That no funds may be used under this 
     heading for the purposes specified in section 9(k) of the 
     Act: Provided further, That of the total amount provided 
     under this heading, not to exceed $20,000,000 shall be 
     available for the Secretary to make grants, notwithstanding 
     section 204 of this Act, to public housing agencies for 
     emergency capital needs including safety and security 
     measures necessary to address crime and drug-related activity 
     as well as needs resulting from unforeseen or unpreventable 
     emergencies and natural disasters excluding Presidentially 
     declared disasters occurring in fiscal year 2009: Provided 
     further, That of the total amount provided under this 
     heading, $40,000,000 shall be for supportive services, 
     service coordinators and congregate services as authorized by 
     section 34 of the Act (42 U.S.C. 1437z-6) and the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4101 et seq.): Provided further, That of the 
     total amount provided under this heading up to $8,820,000 is 
     to support the costs of administrative and judicial 
     receiverships: Provided further, That from the funds made 
     available under this heading, the Secretary shall provide 
     bonus awards in fiscal year 2009 to public housing agencies 
     that are designated high performers.


                     Public Housing Operating Fund

       For 2009 payments to public housing agencies for the 
     operation and management of public housing, as authorized by 
     section 9(e) of the United States Housing Act of 1937 (42 
     U.S.C. 1437g(e)), $4,455,000,000; of which $5,940,000 shall 
     be for competitive grants and contracts to third parties for 
     the provision of technical assistance to public housing 
     agencies related to the transition and implementation of 
     asset-based management in public housing: Provided, That, in 
     fiscal year 2009 and all fiscal years hereafter, no amounts 
     under this heading in any appropriations Act may be used for 
     payments to public housing agencies for the costs of 
     operation and management of public housing for any year prior 
     to the current year of such Act: Provided further, That no 
     funds may be used under this heading for the purposes 
     specified in section 9(k) of the United States Housing Act of 
     1937.


     Revitalization of Severely Distressed Public Housing (Hope VI)

       For grants to public housing agencies for demolition, site 
     revitalization, replacement housing, and tenant-based 
     assistance grants to projects as authorized by section 24 of 
     the United States Housing Act of 1937 (42 U.S.C. 1437v), 
     $120,000,000, to remain available until September 30, 2010, 
     of which the Secretary of Housing and Urban Development shall 
     use $2,400,000 for technical assistance and contract 
     expertise, to be provided directly or indirectly by grants, 
     contracts or cooperative agreements, including training and 
     cost of necessary travel for participants in such training, 
     by or to officials and employees of the department and of 
     public housing agencies and to residents: Provided, That none 
     of such funds shall be used directly or indirectly by 
     granting competitive advantage in awards to settle litigation 
     or pay judgments, unless expressly permitted herein.


                  Native American Housing Block Grants

       For the Native American Housing Block Grants program, as 
     authorized under title I of the Native American Housing 
     Assistance and Self-Determination Act of 1996 (NAHASDA) (25 
     U.S.C. 4111 et seq.), $645,000,000, to remain available until 
     expended: Provided, That, notwithstanding the Native American 
     Housing Assistance and Self-Determination Act of 1996, to 
     determine the amount of the allocation under title I of such 
     Act for each Indian tribe, the Secretary shall apply the 
     formula under section 302 of such Act with the need component 
     based on single-race Census data and with the need component 
     based on multi-race Census data, and the amount of the 
     allocation for each Indian tribe shall be the greater of the 
     two resulting allocation amounts: Provided further, That of 
     the amounts made available under this heading, $3,500,000 
     shall be contracted for assistance for a national 
     organization representing Native American housing interests 
     for providing training and technical assistance to Indian 
     housing authorities and tribally designated housing entities 
     as authorized under NAHASDA; and $4,250,000 shall be to 
     support the inspection of Indian housing units, contract 
     expertise, training, and technical assistance in the 
     training, oversight, and management of such Indian housing 
     and tenant-based assistance, including up to $300,000 for 
     related travel: Provided further, That of the amount provided 
     under this heading, $2,000,000 shall be made available for 
     the cost of guaranteed notes and other obligations, as 
     authorized by title VI of NAHASDA: Provided further, That 
     such costs, including the costs of modifying such notes and 
     other obligations, shall be as defined in section 502 of the 
     Congressional Budget Act of 1974, as amended: Provided 
     further, That these funds are available to subsidize the 
     total principal amount of any notes and other obligations, 
     any part of which is to be guaranteed, not to exceed 
     $17,000,000.


                  native hawaiian housing block grant

       For the Native Hawaiian Housing Block Grant program, as 
     authorized under title VIII of the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111 
     et seq.), $10,000,000, to remain available until expended: 
     Provided, That of this amount, $299,211 shall be for training 
     and technical assistance activities, including up to $100,000 
     for related travel by Hawaii-based HUD employees.


           Indian Housing Loan Guarantee Fund Program Account

       For the cost of guaranteed loans, as authorized by section 
     184 of the Housing and Community Development Act of 1992 (12 
     U.S.C. 1715z-13a), $9,000,000, to remain available until 
     expended: Provided, That such costs, including the costs of 
     modifying such loans, shall be as defined in section 502 of 
     the Congressional Budget Act of 1974: Provided further, That 
     these funds are available to

[[Page 5731]]

     subsidize total loan principal, any part of which is to be 
     guaranteed, up to $420,000,000: Provided further, That up to 
     $750,000 shall be for administrative contract expenses 
     including management processes and systems to carry out the 
     loan guarantee program.


      Native Hawaiian Housing Loan Guarantee Fund Program Account

       For the cost of guaranteed loans, as authorized by section 
     184A of the Housing and Community Development Act of 1992 (12 
     U.S.C. 1715z-13b), $1,044,000, to remain available until 
     expended: Provided, That such costs, including the costs of 
     modifying such loans, shall be as defined in section 502 of 
     the Congressional Budget Act of 1974: Provided further, That 
     these funds are available to subsidize total loan principal, 
     any part of which is to be guaranteed, not to exceed 
     $41,504,255.

                   Community Planning and Development


              housing opportunities for persons with aids

                     (including transfer of funds)

       For carrying out the Housing Opportunities for Persons with 
     AIDS program, as authorized by the AIDS Housing Opportunity 
     Act (42 U.S.C. 12901 et seq.), $310,000,000, to remain 
     available until September 30, 2010, except that amounts 
     allocated pursuant to section 854(c)(3) of such Act shall 
     remain available until September 30, 2011: Provided, That the 
     Secretary shall renew all expiring contracts for permanent 
     supportive housing that were funded under section 854(c)(3) 
     of such Act that meet all program requirements before 
     awarding funds for new contracts and activities authorized 
     under this section: Provided further, That the Secretary may 
     use not to exceed $1,485,000 of the funds under this heading 
     for training, oversight, and technical assistance activities; 
     and not to exceed $1,750,000 may be transferred to the 
     Working Capital Fund.


                 Rural Housing and Economic Development

       For the Office of Rural Housing and Economic Development in 
     the Department of Housing and Urban Development, $26,000,000, 
     to remain available until expended, which amount shall be 
     competitively awarded by September 1, 2009, to Indian tribes, 
     State housing finance agencies, State community and/or 
     economic development agencies, local rural nonprofits and 
     community development corporations to support innovative 
     housing and economic development activities in rural areas: 
     Provided, That of the total amount made available under this 
     heading, not less than $5,000,000 shall be made available to 
     promote economic development and entrepreneurship for 
     federally recognized Indian Tribes, through activities 
     including the capitalization of revolving loan programs and 
     business planning and development, funding is also made 
     available for technical assistance to increase capacity 
     through training and outreach activities.


                       Community Development Fund

                     (including transfer of funds)

       For assistance to units of State and local government, and 
     to other entities, for economic and community development 
     activities, and for other purposes, $3,900,000,000, to remain 
     available until September 30, 2011, unless otherwise 
     specified: Provided, That of the total amount provided, 
     $3,641,966,875 is for carrying out the community development 
     block grant program under title I of the Housing and 
     Community Development Act of 1974, as amended (the ``Act'' 
     herein) (42 U.S.C. 5301 et seq.): Provided further, That 
     unless explicitly provided for under this heading (except for 
     planning grants provided in the second paragraph and amounts 
     made available under the third paragraph), not to exceed 20 
     percent of any grant made with funds appropriated under this 
     heading shall be expended for planning and management 
     development and administration: Provided further, That of the 
     total amount made available under this heading, not to exceed 
     $3,175,000 may be transferred to the Working Capital Fund: 
     Provided further, That $5,000,000 is for technical assistance 
     as authorized by section 107(b)(4) of such Act: Provided 
     further, That $65,000,000 shall be for grants to Indian 
     tribes notwithstanding section 106(a)(1) of such Act, of 
     which, notwithstanding any other provision of law (including 
     section 204 of this Act), up to $3,960,000 may be used for 
     emergencies that constitute imminent threats to health and 
     safety.
       Of the amount made available under this heading, 
     $165,311,875 shall be available for grants for the Economic 
     Development Initiative (EDI) to finance a variety of targeted 
     economic investments in accordance with the terms and 
     conditions specified in the explanatory statement 
     accompanying this Act: Provided, That none of the funds 
     provided under this paragraph may be used for program 
     operations: Provided further, That, for fiscal years 2007, 
     2008 and 2009, no unobligated funds for EDI grants may be 
     used for any purpose except acquisition, planning, design, 
     purchase of equipment, revitalization, redevelopment or 
     construction.
       Of the amount made available under this heading, 
     $19,546,250 shall be available for neighborhood initiatives 
     that are utilized to improve the conditions of distressed and 
     blighted areas and neighborhoods, to stimulate investment, 
     economic diversification, and community revitalization in 
     areas with population outmigration or a stagnating or 
     declining economic base, or to determine whether housing 
     benefits can be integrated more effectively with welfare 
     reform initiatives: Provided, That amounts made available 
     under this paragraph shall be provided in accordance with the 
     terms and conditions specified in the explanatory statement 
     accompanying this Act.
       The referenced statement of managers under this heading in 
     title III of division A of Public Law 109-115 is deemed to be 
     amended with respect to item number 889 by striking ``Perry 
     County, Pennsylvania to develop an industrial park in New 
     Bloomfield'' and inserting ``Perry County, Pennsylvania to 
     develop an industrial park in Penn Township/Duncannon''.
       The referenced statement of managers under the heading 
     ``Community Planning and Development'' in title II of 
     division K of Public Law 110-161 is deemed to be amended by 
     striking: ``Golden Castings Foundry Demolition and Site 
     Remediation Project to raze and remediate the site of the 
     former Golden Castings Foundry for the demolition and 
     environmental remediation costs of the Golden Castings 
     foundry site'' and inserting ``To remediate the former site 
     of the Columbus Wood Treating Plant in Columbus, Indiana''.
       The referenced explanatory statement under this heading in 
     Public Law 110-161 is deemed to be amended with respect to 
     the fourth item included in the table found on page 2439 with 
     respect to amounts made available for the Springfield Boys 
     and Girls Club by striking ``Springfield Boys and Girls Club; 
     Community Center; Springfield, IL; Planning, development, 
     land acquisition, and construction costs for a new community 
     center in Springfield.'' and inserting ``City of Springfield 
     for capital costs associated with the Edwin Watts Southwind 
     Park''.
       The referenced statement of managers under the heading 
     ``Community Development Fund'' in title II of division K of 
     Public Law 110-161 is deemed to be amended by striking: 
     ``City of Charlotte, NC for land acquisition in the 
     development of the Belvedere Business Park'' and inserting 
     ``City of Charlotte, NC for development of the Belvedere 
     Business Park''.


         Community Development Loan Guarantees Program Account

       For the cost of guaranteed loans, $6,000,000, to remain 
     available until September 30, 2010, as authorized by section 
     108 of the Housing and Community Development Act of 1974 (42 
     U.S.C. 5308): Provided, That such costs, including the cost 
     of modifying such loans, shall be as defined in section 502 
     of the Congressional Budget Act of 1974: Provided further, 
     That these funds are available to subsidize total loan 
     principal, any part of which is to be guaranteed, not to 
     exceed $275,000,000, notwithstanding any aggregate limitation 
     on outstanding obligations guaranteed in section 108(k) of 
     the Housing and Community Development Act of 1974, as 
     amended.


                       brownfields redevelopment

       For competitive economic development grants, as authorized 
     by section 108(q) of the Housing and Community Development 
     Act of 1974, as amended, for Brownfields redevelopment 
     projects, $10,000,000, to remain available until September 
     30, 2010: Provided, That no funds made available under this 
     heading may be used to establish loan loss reserves for the 
     section 108 Community Development Loan Guarantee program.


                  HOME Investment Partnerships Program

                     (including transfer of funds)

       For the HOME investment partnerships program, as authorized 
     under title II of the Cranston-Gonzalez National Affordable 
     Housing Act, as amended, $1,825,000,000, to remain available 
     until September 30, 2011, of which not to exceed $4,200,000 
     may be transferred to the Working Capital Fund: Provided, 
     That up to $12,000,000 shall be available for technical 
     assistance: Provided further, That, in prior appropriations 
     Acts for Community Housing Development Organizations 
     technical assistance, and that still remain available, may be 
     used for HOME technical assistance notwithstanding the 
     purposes for which such amounts were appropriated.


        self-help and assisted homeownership opportunity program

       For the Self-Help and Assisted Homeownership Opportunity 
     Program, as authorized under section 11 of the Housing 
     Opportunity Program Extension Act of 1996, as amended, 
     $64,000,000 to remain available until September 30, 2011: 
     Provided, That of the total amount provided under this 
     heading, $26,500,000 shall be made available to the Self-Help 
     and Assisted Homeownership Opportunity Program as authorized 
     under section 11 of the Housing Opportunity Program Extension 
     Act of 1996, as amended: Provided further, That $34,000,000 
     shall be made available for the second, third and fourth 
     capacity building activities authorized under section 4(a) of 
     the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), of 
     which not less than $5,000,000 may be made available for 
     rural capacity building activities: Provided further, That 
     $3,500,000 shall be made available for capacity building 
     activities as authorized in sections 6301 through 6305 of 
     Public Law 110-246.

[[Page 5732]]




                       Homeless Assistance Grants

                     (including transfer of funds)

       For the emergency shelter grants program as authorized 
     under subtitle B of title IV of the McKinney-Vento Homeless 
     Assistance Act, as amended; the supportive housing program as 
     authorized under subtitle C of title IV of such Act; the 
     section 8 moderate rehabilitation single room occupancy 
     program as authorized under the United States Housing Act of 
     1937, as amended, to assist homeless individuals pursuant to 
     section 441 of the McKinney-Vento Homeless Assistance Act; 
     and the shelter plus care program as authorized under 
     subtitle F of title IV of such Act, $1,677,000,000, of which 
     $1,672,000,000 shall remain available until September 30, 
     2011, and of which $5,000,000 shall remain available until 
     expended for rehabilitation projects with 10-year grant 
     terms: Provided, That of the amount provided, $10,000,000 
     shall be made available to conduct a demonstration program on 
     the prevention of homelessness among the Nation's veterans: 
     Provided further, That the Secretary shall work in 
     coordination with the Department of Veterans Affairs and the 
     Department of Labor to select a limited number of urban and 
     rural sites in which to carry out this demonstration: 
     Provided further, That in selecting sites, the Secretary 
     shall evaluate the rate of homelessness among veterans in the 
     area, and the experience of the grantees in coordinating with 
     Department of Veterans Affairs and the Department of Labor to 
     enable veterans to access mainstream programs: Provided 
     further, That of the sites selected, up to three shall have a 
     high number of service members separating from the military 
     and transitioning into civilian life: Provided further, That 
     the Secretary shall also select up to four sites located in 
     rural areas to evaluate how to effectively serve veterans in 
     rural areas, many of whom may have been part of the National 
     Guard, may have limited access to the Department of Veterans 
     Affairs medical centers, and may have dependent family 
     members: Provided further, That funding made available under 
     this demonstration shall be available for housing and 
     appropriate services to prevent veterans and their families 
     from becoming homeless or reduce the length of time veterans 
     and their families are homeless: Provided further, That of 
     the amounts made available under this heading, not to exceed 
     $750,000 may be available for an evaluation of this 
     demonstration: Provided further, That not less than 30 
     percent of funds made available, excluding amounts provided 
     for renewals under the shelter plus care program, shall be 
     used for permanent housing for individuals and families: 
     Provided further, That all funds awarded for services shall 
     be matched by not less than 25 percent in funding by each 
     grantee: Provided further, That for all match requirements 
     applicable to funds made available under this heading for 
     this fiscal year and prior years, a grantee may use (or could 
     have used) as a source of match funds other funds 
     administered by the Secretary and other Federal agencies 
     unless there is (or was) a specific statutory prohibition on 
     any such use of any such funds: Provided further, That the 
     Secretary shall renew on an annual basis expiring contracts 
     or amendments to contracts funded under the shelter plus care 
     program if the program is determined to be needed under the 
     applicable continuum of care and meets appropriate program 
     requirements and financial standards, as determined by the 
     Secretary: Provided further, That all awards of assistance 
     under this heading shall be required to coordinate and 
     integrate homeless programs with other mainstream health, 
     social services, and employment programs for which homeless 
     populations may be eligible, including Medicaid, State 
     Children's Health Insurance Program, Temporary Assistance for 
     Needy Families, Food Stamps, and services funding through the 
     Mental Health and Substance Abuse Block Grant, Workforce 
     Investment Act, and the Welfare-to-Work grant program: 
     Provided further, That up to $8,000,000 of the funds 
     appropriated under this heading shall be available for the 
     national homeless data analysis project and technical 
     assistance: Provided further, That of the total amount made 
     available under this heading, not to exceed $2,675,000 may be 
     transferred to the Working Capital Fund: Provided further, 
     That $3,000,000 of the funds appropriated under this heading 
     shall be used to conduct research on homeless issues, 
     including homeless prevention and youth homelessness: 
     Provided further, That all balances for Shelter Plus Care 
     renewals previously funded from the Shelter Plus Care Renewal 
     account and transferred to this account shall be available, 
     if recaptured, for Shelter Plus Care renewals in fiscal year 
     2009: Provided further, That this heading in the Department 
     of Housing and Urban Development Appropriations Act, 2008 is 
     amended by inserting the following new proviso after the 
     third proviso: ``Provided further, That the Secretary may 
     renew grants made under this demonstration program and may 
     treat such original grants and any such renewal grants as if 
     these grants were made under the supportive housing 
     program:''.

                            Housing Programs


                    Project-Based Rental Assistance

                     (including transfer of funds)

       For activities and assistance for the provision of project-
     based subsidy contracts under the United States Housing Act 
     of 1937 (42 U.S.C. 1437 et seq.) (``the Act''), not otherwise 
     provided for, $7,100,000,000, to remain available until 
     expended, shall be available on October 1, 2008, and 
     $400,000,000, to remain available until expended, shall be 
     available on October 1, 2009: Provided, That the amounts made 
     available under this heading are provided as follows:
       (1) $6,868,000,000 shall be available for expiring or 
     terminating section 8 project-based subsidy contracts 
     (including section 8 moderate rehabilitation contracts), for 
     amendments to section 8 project-based subsidy contracts 
     (including section 8 moderate rehabilitation contracts), for 
     contracts entered into pursuant to section 441 of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11401), for 
     renewal of section 8 contracts for units in projects that are 
     subject to approved plans of action under the Emergency Low 
     Income Housing Preservation Act of 1987 or the Low-Income 
     Housing Preservation and Resident Homeownership Act of 1990, 
     and for administrative and other expenses associated with 
     project-based activities and assistance funded under this 
     paragraph.
       (2) Up to $232,000,000 shall be available for performance-
     based contract administrators for section 8 project-based 
     assistance: Provided, That the Secretary of Housing and Urban 
     Development may also use such amounts for performance-based 
     contract administrators for the administration of: interest 
     reduction payments pursuant to section 236(a) of the National 
     Housing Act (12 U.S.C. 1715z-1(a)); rent supplement payments 
     pursuant to section 101 of the Housing and Urban Development 
     Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental 
     assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental 
     assistance contracts for the elderly under section 202(c)(2) 
     of the Housing Act of 1959 (12 U.S.C. 1701q); project rental 
     assistance contracts for supportive housing for persons with 
     disabilities under section 811(d)(2) of the Cranston-Gonzalez 
     National Affordable Housing Act (42 U.S.C. 8013(d)(2)); 
     project assistance contracts pursuant to section 202(h) of 
     the Housing Act of 1959 (Public Law 86-372; 73 Stat. 667); 
     and loans under section 202 of the Housing Act of 1959 
     (Public Law 86-372; 73 Stat. 667).
       (3) Not to exceed $10,000,000 provided under this heading 
     may be transferred to the Working Capital Fund.
       (4) Amounts recaptured under this heading, the heading 
     ``Annual Contributions for Assisted Housing'', or the heading 
     ``Housing Certificate Fund'' may be used for renewals of or 
     amendments to section 8 project-based contracts or for 
     performance-based contract administrators, notwithstanding 
     the purposes for which such amounts were appropriated.


                        Housing for the Elderly

                     (including transfer of funds)

       For capital advances, including amendments to capital 
     advance contracts, for housing for the elderly, as authorized 
     by section 202 of the Housing Act of 1959, as amended, and 
     for project rental assistance for the elderly under section 
     202(c)(2) of such Act, including amendments to contracts for 
     such assistance and renewal of expiring contracts for such 
     assistance for up to a 1-year term, and for supportive 
     services associated with the housing, $765,000,000, to remain 
     available until September 30, 2012, of which up to 
     $626,400,000 shall be for capital advance and project-based 
     rental assistance awards: Provided, That, of the amount 
     provided under this heading, up to $90,000,000 shall be for 
     service coordinators and the continuation of existing 
     congregate service grants for residents of assisted housing 
     projects, and of which up to $25,000,000 shall be for grants 
     under section 202b of the Housing Act of 1959 (12 U.S.C. 
     1701q-2) for conversion of eligible projects under such 
     section to assisted living or related use and for substantial 
     and emergency capital repairs as determined by the Secretary: 
     Provided further, That of the amount made available under 
     this heading, $20,000,000 shall be available to the Secretary 
     of Housing and Urban Development only for making competitive 
     grants to private nonprofit organizations and consumer 
     cooperatives for covering costs of architectural and 
     engineering work, site control, and other planning relating 
     to the development of supportive housing for the elderly that 
     is eligible for assistance under section 202 of the Housing 
     Act of 1959 (12 U.S.C. 1701q): Provided further, That amounts 
     under this heading shall be available for Real Estate 
     Assessment Center inspections and inspection-related 
     activities associated with section 202 capital advance 
     projects: Provided further, That up to $2,000,000 of the 
     total amount made available under this heading shall be for 
     technical assistance to improve grant applications and to 
     facilitate the development of housing for the elderly under 
     section 202 of the Housing Act of 1959, and supportive 
     housing for persons with disabilities under section 811 of 
     the Cranston-Gonzales National Affordable Housing Act: 
     Provided further, That of the total amount made available 
     under this heading, not to exceed $1,600,000 may be 
     transferred to the Working Capital Fund: Provided further, 
     That the Secretary may waive the provisions of section

[[Page 5733]]

     202 governing the terms and conditions of project rental 
     assistance, except that the initial contract term for such 
     assistance shall not exceed 5 years in duration.


                 Housing for Persons With Disabilities

                     (including transfer of funds)

       For capital advance contracts, including amendments to 
     capital advance contracts, for supportive housing for persons 
     with disabilities, as authorized by section 811 of the 
     Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 
     8013), for project rental assistance for supportive housing 
     for persons with disabilities under section 811(d)(2) of such 
     Act, including amendments to contracts for such assistance 
     and renewal of expiring contracts for such assistance for up 
     to a 1-year term, and for supportive services associated with 
     the housing for persons with disabilities as authorized by 
     section 811(b)(1) of such Act, and for tenant-based rental 
     assistance contracts entered into pursuant to section 811 of 
     such Act, $250,000,000, of which up to $161,300,000 shall be 
     for capital advances and project-based rental assistance 
     contracts, to remain available until September 30, 2012: 
     Provided, That of the total amount made available under this 
     heading, not to exceed $1,600,000 may be transferred to the 
     Working Capital Fund: Provided further, That, of the amount 
     provided under this heading, $87,100,000 shall be for 
     amendments or renewal of tenant-based assistance contracts 
     entered into prior to fiscal year 2005 (only one amendment 
     authorized for any such contract): Provided further, That all 
     tenant-based assistance made available under this heading 
     shall continue to remain available only to persons with 
     disabilities: Provided further, That the Secretary may waive 
     the provisions of section 811 governing the terms and 
     conditions of project rental assistance and tenant-based 
     assistance, except that the initial contract term for such 
     assistance shall not exceed 5 years in duration: Provided 
     further, That amounts made available under this heading shall 
     be available for Real Estate Assessment Center inspections 
     and inspection-related activities associated with section 811 
     Capital Advance Projects.


                     Housing Counseling Assistance

       For contracts, grants, and other assistance excluding 
     loans, as authorized under section 106 of the Housing and 
     Urban Development Act of 1968, as amended, $65,000,000, 
     including up to $2,000,000 for administrative contract 
     services, to remain available until September 30, 2010: 
     Provided, That funds shall be used for providing counseling 
     and advice to tenants and homeowners, both current and 
     prospective, with respect to property maintenance, financial 
     management/literacy, and such other matters as may be 
     appropriate to assist them in improving their housing 
     conditions, meeting their financial needs, and fulfilling the 
     responsibilities of tenancy or homeownership; for program 
     administration; and for housing counselor training.


                    other assisted housing programs

                       rental housing assistance

       For amendments to contracts under section 101 of the 
     Housing and Urban Development Act of 1965 (12 U.S.C. 1701s) 
     and section 236(f)(2) of the National Housing Act (12 U.S.C. 
     1715z-1) in State-aided, non-insured rental housing projects, 
     $27,600,000, to remain available until expended.


                            Rent Supplement

                              (rescission)

       Of the amounts recaptured from terminated contracts under 
     section 101 of the Housing and Urban Development Act of 1965 
     (12 U.S.C. 1701s) and section 236 of the National Housing Act 
     (12 U.S.C. 1715z-1) $37,600,000 are rescinded.


            Payment to Manufactured Housing Fees Trust Fund

       For necessary expenses as authorized by the National 
     Manufactured Housing Construction and Safety Standards Act of 
     1974 (42 U.S.C. 5401 et seq.), up to $16,000,000, to remain 
     available until expended, of which $10,600,000 is to be 
     derived from the Manufactured Housing Fees Trust Fund: 
     Provided, That not to exceed the total amount appropriated 
     under this heading shall be available from the general fund 
     of the Treasury to the extent necessary to incur obligations 
     and make expenditures pending the receipt of collections to 
     the Fund pursuant to section 620 of such Act: Provided 
     further, That the amount made available under this heading 
     from the general fund shall be reduced as such collections 
     are received during fiscal year 2009 so as to result in a 
     final fiscal year 2009 appropriation from the general fund 
     estimated at not more than $5,400,000 and fees pursuant to 
     such section 620 shall be modified as necessary to ensure 
     such a final fiscal year 2009 appropriation: Provided 
     further, That for the dispute resolution and installation 
     programs, the Secretary of Housing and Urban Development may 
     assess and collect fees from any program participant: 
     Provided further, That such collections shall be deposited 
     into the Fund, and the Secretary, as provided herein, may use 
     such collections, as well as fees collected under section 
     620, for necessary expenses of such Act: Provided further, 
     That notwithstanding the requirements of section 620 of such 
     Act, the Secretary may carry out responsibilities of the 
     Secretary under such Act through the use of approved service 
     providers that are paid directly by the recipients of their 
     services.

                     Federal Housing Administration


               mutual mortgage insurance program account

                     (including transfers of funds)

       During fiscal year 2009, commitments to guarantee single 
     family loans insured under the Mutual Mortgage Insurance Fund 
     shall not exceed a loan principal of $315,000,000,000. During 
     fiscal year 2009, obligations to make direct loans to carry 
     out the purposes of section 204(g) of the National Housing 
     Act, as amended, shall not exceed $50,000,000: Provided, That 
     the foregoing amount shall be for loans to nonprofit and 
     governmental entities in connection with sales of single 
     family real properties owned by the Secretary and formerly 
     insured under the Mutual Mortgage Insurance Fund. For 
     administrative contract expenses, $116,000,000, of which at 
     least $46,794,000 shall, and up to $58,492,500 may, be 
     transferred to the Working Capital Fund, and of which up to 
     $7,500,000 shall be for education and outreach of FHA single 
     family loan products: Provided further, That to the extent 
     guaranteed loan commitments exceed $65,500,000,000 on or 
     before April 1, 2009, an additional $1,400 for administrative 
     contract expenses shall be available for each $1,000,000 in 
     additional guaranteed loan commitments (including a pro rata 
     amount for any amount below $1,000,000), but in no case shall 
     funds made available by this proviso exceed $30,000,000.


                general and special risk program account

       For the cost of guaranteed loans, as authorized by sections 
     238 and 519 of the National Housing Act (12 U.S.C. 1715z-3 
     and 1735c), including the cost of loan guarantee 
     modifications, as that term is defined in section 502 of the 
     Congressional Budget Act of 1974, as amended, $8,600,000, to 
     remain available until expended: Provided, That commitments 
     to guarantee loans shall not exceed $45,000,000,000 in total 
     loan principal, any part of which is to be guaranteed. Gross 
     obligations for the principal amount of direct loans, as 
     authorized by sections 204(g), 207(l), 238, and 519(a) of the 
     National Housing Act, shall not exceed $50,000,000, of which 
     not to exceed $30,000,000 shall be for bridge financing in 
     connection with the sale of multifamily real properties owned 
     by the Secretary and formerly insured under such Act; and of 
     which not to exceed $20,000,000 shall be for loans to 
     nonprofit and governmental entities in connection with the 
     sale of single-family real properties owned by the Secretary 
     and formerly insured under such Act. For administrative 
     contract expenses necessary to carry out the guaranteed and 
     direct loan programs, $48,871,000, of which at least 
     $47,871,000 shall be for administrative contracts and up to 
     $1,000,000 shall be for consumer education and outreach for 
     FHA loan products.

                Government National Mortgage Association


Guarantees of Mortgage-Backed Securities Loan Guarantee Program Account

       New commitments to issue guarantees to carry out the 
     purposes of section 306 of the National Housing Act, as 
     amended (12 U.S.C. 1721(g)), shall not exceed 
     $300,000,000,000, to remain available until September 30, 
     2010: Provided, That to the extent new guarantees of 
     mortgage-backed securities exceed $75,000,000,000 on or 
     before April 1, 2009, an additional $1,000 for administrative 
     contract expenses shall be available for each $1,000,000 in 
     additional guaranteed loan commitments (including a pro rata 
     amount for any amount below $1,000,000) but in no case shall 
     funds made available by this proviso exceed $14,000,000.

                    Policy Development and Research


                        Research and Technology

       For contracts, grants, and necessary expenses of programs 
     of research and studies relating to housing and urban 
     problems, not otherwise provided for, as authorized by title 
     V of the Housing and Urban Development Act of 1970 (12 U.S.C. 
     1701z-1 et seq.), including carrying out the functions of the 
     Secretary of Housing and Urban Development under section 
     1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $58,000,000, 
     to remain available until September 30, 2010: Provided, That 
     of the funds made available under this heading, $23,000,000 
     is for grants pursuant to section 107 of the Housing and 
     Community Development Act of 1974 (42 U.S.C. 5307): Provided 
     further, That at least $1,000,000 shall be available for the 
     Secretary to conduct a comprehensive study to be managed by 
     the Office of Policy Development and Research, to analyze the 
     administrative costs necessary to carry-out the tenant-based 
     voucher program: Provided further, That of the total amount 
     made available, $2,000,000 may be made available for 
     technology directly related to disaster prone areas.

                   Fair Housing and Equal Opportunity


                        Fair Housing Activities

       For contracts, grants, and other assistance, not otherwise 
     provided for, as authorized by title VIII of the Civil Rights 
     Act of 1968, as amended by the Fair Housing Amendments Act of 
     1988, and section 561 of the Housing and Community 
     Development Act of 1987, as amended, $53,500,000, to remain 
     available until September 30, 2010, of which

[[Page 5734]]

     $27,500,000 shall be to carry out activities pursuant to such 
     section 561 of which up to $2,000,000 shall be made available 
     to carryout authorized activities to protect the public from 
     mortgage rescue scams: Provided, That notwithstanding 31 
     U.S.C. 3302, the Secretary may assess and collect fees to 
     cover the costs of the Fair Housing Training Academy, and may 
     use such funds to provide such training: Provided further, 
     That no funds made available under this heading shall be used 
     to lobby the executive or legislative branches of the Federal 
     Government in connection with a specific contract, grant or 
     loan: Provided further, That of the funds made available 
     under this heading, $500,000 shall be available to the 
     Secretary of Housing and Urban Development for the creation 
     and promotion of translated materials and other programs that 
     support the assistance of persons with limited English 
     proficiency in utilizing the services provided by the 
     Department of Housing and Urban Development.

            Office of Healthy Homes and Lead Hazard Control


                         Lead Hazard Reduction

       For the Lead Hazard Reduction Program, as authorized by 
     section 1011 of the Residential Lead-Based Paint Hazard 
     Reduction Act of 1992, $140,000,000, to remain available 
     until September 30, 2010, of which not less than $14,600,000 
     shall be for the Healthy Homes Initiative, pursuant to 
     sections 501 and 502 of the Housing and Urban Development Act 
     of 1970 that shall include research, studies, testing, and 
     demonstration efforts, including education and outreach 
     concerning lead-based paint poisoning and other housing-
     related diseases and hazards: Provided, That for purposes of 
     environmental review, pursuant to the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other 
     provisions of law that further the purposes of such Act, a 
     grant under the Healthy Homes Initiative, Operation Lead 
     Elimination Action Plan (LEAP), or the Lead Technical Studies 
     program under this heading or under prior appropriations Acts 
     for such purposes under this heading, shall be considered to 
     be funds for a special project for purposes of section 305(c) 
     of the Multifamily Housing Property Disposition Reform Act of 
     1994: Provided further, That of the total amount made 
     available under this heading, $48,000,000 shall be made 
     available on a competitive basis for areas with the highest 
     lead paint abatement needs: Provided further, That each 
     recipient of funds provided under the second proviso shall 
     make a matching contribution in an amount not less than 25 
     percent: Provided further, That the Secretary may waive the 
     matching requirement cited in the preceding proviso on a case 
     by case basis if the Secretary determines that such a waiver 
     is necessary to advance the purposes of this program: 
     Provided further, That each applicant shall submit a detailed 
     plan and strategy that demonstrates adequate capacity that is 
     acceptable to the Secretary to carry out the proposed use of 
     funds pursuant to a notice of funding availability: Provided 
     further, That amounts made available under this heading in 
     prior appropriations Acts, and that still remain available, 
     may be used for any purpose under this heading 
     notwithstanding the purpose for which such amounts were 
     appropriated: Provided further, That of the total amount made 
     available under this heading, $250,000 shall be allocated 
     through the Office of Healthy Homes and Lead Hazard Control 
     to conduct communications and outreach to potential 
     applicants to the Lead Hazard Reduction Demonstration Grant 
     program.

                     Management and Administration


                          working capital fund

       For additional capital for the Working Capital Fund (42 
     U.S.C. 3535) for the development of, modifications to, and 
     infrastructure for Department-wide information technology 
     systems, for the continuing operation and maintenance of both 
     Department-wide and program-specific information systems, and 
     for program-related development activities, $224,000,000, to 
     remain available until September 30, 2010, of which not less 
     than $4,000,000 shall be used for planning for modernizing, 
     improving and maintaining information technology applications 
     and infrastructure supporting the FHA: Provided, That any 
     amounts transferred to this Fund under this Act shall remain 
     available until expended: Provided further, That any amounts 
     transferred to this Fund from amounts appropriated by 
     previously enacted appropriations Acts or from within this 
     Act may be used only for the purposes specified under this 
     Fund, in addition to the purposes for which such amounts were 
     appropriated: Provided further, That up to $15,000,000 may be 
     transferred to this account from all other accounts in this 
     title (except for the Office of the Inspector General 
     account) that make funds available for salaries and expenses.


                      Office of Inspector General

       For necessary salaries and expenses of the Office of 
     Inspector General in carrying out the Inspector General Act 
     of 1978, as amended, $120,000,000: Provided, That the 
     Inspector General shall have independent authority over all 
     personnel issues within this office.

    General Provisions--Department of Housing and Urban Development


                    (including rescission of funds)

       Sec. 201. Fifty percent of the amounts of budget authority, 
     or in lieu thereof 50 percent of the cash amounts associated 
     with such budget authority, that are recaptured from projects 
     described in section 1012(a) of the Stewart B. McKinney 
     Homeless Assistance Amendments Act of 1988 (42 U.S.C. 1437 
     note) shall be rescinded or in the case of cash, shall be 
     remitted to the Treasury, and such amounts of budget 
     authority or cash recaptured and not rescinded or remitted to 
     the Treasury shall be used by State housing finance agencies 
     or local governments or local housing agencies with projects 
     approved by the Secretary of Housing and Urban Development 
     for which settlement occurred after January 1, 1992, in 
     accordance with such section. Notwithstanding the previous 
     sentence, the Secretary may award up to 15 percent of the 
     budget authority or cash recaptured and not rescinded or 
     remitted to the Treasury to provide project owners with 
     incentives to refinance their project at a lower interest 
     rate.
       Sec. 202. None of the amounts made available under this Act 
     may be used during fiscal year 2009 to investigate or 
     prosecute under the Fair Housing Act any otherwise lawful 
     activity engaged in by one or more persons, including the 
     filing or maintaining of a non-frivolous legal action, that 
     is engaged in solely for the purpose of achieving or 
     preventing action by a Government official or entity, or a 
     court of competent jurisdiction.
       Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from 
     any amounts made available under this title for fiscal year 
     2009 that are allocated under such section, the Secretary of 
     Housing and Urban Development shall allocate and make a 
     grant, in the amount determined under subsection (b), for any 
     State that--
       (1) received an allocation in a prior fiscal year under 
     clause (ii) of such section; and
       (2) is not otherwise eligible for an allocation for fiscal 
     year 2009 under such clause (ii) because the areas in the 
     State outside of the metropolitan statistical areas that 
     qualify under clause (i) in fiscal year 2009 do not have the 
     number of cases of acquired immunodeficiency syndrome (AIDS) 
     required under such clause.
       (b) The amount of the allocation and grant for any State 
     described in subsection (a) shall be an amount based on the 
     cumulative number of AIDS cases in the areas of that State 
     that are outside of metropolitan statistical areas that 
     qualify under clause (i) of such section 854(c)(1)(A) in 
     fiscal year 2009, in proportion to AIDS cases among cities 
     and States that qualify under clauses (i) and (ii) of such 
     section and States deemed eligible under subsection (a).
       (c) Notwithstanding any other provision of law, the amount 
     allocated for fiscal year 2009 under section 854(c) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the 
     City of New York, New York, on behalf of the New York-Wayne-
     White Plains, New York-New Jersey Metropolitan Division 
     (hereafter ``metropolitan division'') of the New York-Newark-
     Edison, NY-NJ-PA Metropolitan Statistical Area, shall be 
     adjusted by the Secretary of Housing and Urban Development 
     by: (1) allocating to the City of Jersey City, New Jersey, 
     the proportion of the metropolitan area's or division's 
     amount that is based on the number of cases of AIDS reported 
     in the portion of the metropolitan area or division that is 
     located in Hudson County, New Jersey, and adjusting for the 
     proportion of the metropolitan division's high incidence 
     bonus if this area in New Jersey also has a higher than 
     average per capita incidence of AIDS; and (2) allocating to 
     the City of Paterson, New Jersey, the proportion of the 
     metropolitan area's or division's amount that is based on the 
     number of cases of AIDS reported in the portion of the 
     metropolitan area or division that is located in Bergen 
     County and Passaic County, New Jersey, and adjusting for the 
     proportion of the metropolitan division's high incidence 
     bonus if this area in New Jersey also has a higher than 
     average per capita incidence of AIDS. The recipient cities 
     shall use amounts allocated under this subsection to carry 
     out eligible activities under section 855 of the AIDS Housing 
     Opportunity Act (42 U.S.C. 12904) in their respective 
     portions of the metropolitan division that is located in New 
     Jersey.
       (d) Notwithstanding any other provision of law, the amount 
     allocated for fiscal year 2009 under section 854(c) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to areas 
     with a higher than average per capita incidence of AIDS, 
     shall be adjusted by the Secretary on the basis of area 
     incidence reported over a 3 year period.
       Sec. 204. Except as explicitly provided in law, any grant, 
     cooperative agreement or other assistance made pursuant to 
     title II of this Act shall be made on a competitive basis and 
     in accordance with section 102 of the Department of Housing 
     and Urban Development Reform Act of 1989 (42 U.S.C. 3545).
       Sec. 205. Funds of the Department of Housing and Urban 
     Development subject to the Government Corporation Control Act 
     or section 402 of the Housing Act of 1950 shall be available, 
     without regard to the limitations on administrative expenses, 
     for legal services on a contract or fee basis, and for 
     utilizing and making payment for services and facilities of 
     the Federal National Mortgage Association, Government 
     National Mortgage

[[Page 5735]]

     Association, Federal Home Loan Mortgage Corporation, Federal 
     Financing Bank, Federal Reserve banks or any member thereof, 
     Federal Home Loan banks, and any insured bank within the 
     meaning of the Federal Deposit Insurance Corporation Act, as 
     amended (12 U.S.C. 1811-1831).
       Sec. 206. Unless otherwise provided for in this Act or 
     through a reprogramming of funds, no part of any 
     appropriation for the Department of Housing and Urban 
     Development shall be available for any program, project or 
     activity in excess of amounts set forth in the budget 
     estimates submitted to Congress.
       Sec. 207. Corporations and agencies of the Department of 
     Housing and Urban Development which are subject to the 
     Government Corporation Control Act, are hereby authorized to 
     make such expenditures, within the limits of funds and 
     borrowing authority available to each such corporation or 
     agency and in accordance with law, and to make such contracts 
     and commitments without regard to fiscal year limitations as 
     provided by section 104 of such Act as may be necessary in 
     carrying out the programs set forth in the budget for 2009 
     for such corporation or agency except as hereinafter 
     provided: Provided, That collections of these corporations 
     and agencies may be used for new loan or mortgage purchase 
     commitments only to the extent expressly provided for in this 
     Act (unless such loans are in support of other forms of 
     assistance provided for in this or prior appropriations 
     Acts), except that this proviso shall not apply to the 
     mortgage insurance or guaranty operations of these 
     corporations, or where loans or mortgage purchases are 
     necessary to protect the financial interest of the United 
     States Government.
       Sec. 208. None of the funds provided in this title for 
     technical assistance, training, or management improvements 
     may be obligated or expended unless the Secretary of Housing 
     and Urban Development provides to the Committees on 
     Appropriations a description of each proposed activity and a 
     detailed budget estimate of the costs associated with each 
     program, project or activity as part of the Budget 
     Justifications. For fiscal year 2009, the Secretary shall 
     transmit this information to the Committees by March 15, 2009 
     for 30 days of review.
       Sec. 209. The Secretary of Housing and Urban Development 
     shall provide quarterly reports to the House and Senate 
     Committees on Appropriations regarding all uncommitted, 
     unobligated, recaptured and excess funds in each program and 
     activity within the jurisdiction of the Department and shall 
     submit additional, updated budget information to these 
     Committees upon request.
       Sec. 210. (a) Notwithstanding any other provision of law, 
     the amount allocated for fiscal year 2009 under section 
     854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 
     12903(c)), to the City of Wilmington, Delaware, on behalf of 
     the Wilmington, Delaware-Maryland-New Jersey Metropolitan 
     Division (hereafter ``metropolitan division''), shall be 
     adjusted by the Secretary of Housing and Urban Development by 
     allocating to the State of New Jersey the proportion of the 
     metropolitan division's amount that is based on the number of 
     cases of AIDS reported in the portion of the metropolitan 
     division that is located in New Jersey, and adjusting for the 
     proportion of the metropolitan division's high incidence 
     bonus if this area in New Jersey also has a higher than 
     average per capita incidence of AIDS. The State of New Jersey 
     shall use amounts allocated to the State under this 
     subsection to carry out eligible activities under section 855 
     of the AIDS Housing Opportunity Act (42 U.S.C. 12904) in the 
     portion of the metropolitan division that is located in New 
     Jersey.
       (b) Notwithstanding any other provision of law, the 
     Secretary of Housing and Urban Development shall allocate to 
     Wake County, North Carolina, the amounts that otherwise would 
     be allocated for fiscal year 2009 under section 854(c) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to the City 
     of Raleigh, North Carolina, on behalf of the Raleigh-Cary, 
     North Carolina Metropolitan Statistical Area. Any amounts 
     allocated to Wake County shall be used to carry out eligible 
     activities under section 855 of such Act (42 U.S.C. 12904) 
     within such metropolitan statistical area.
       (c) Notwithstanding section 854(c) of the AIDS Housing 
     Opportunity Act (42 U.S.C. 12903(c)), the Secretary of 
     Housing and Urban Development may adjust the allocation of 
     the amounts that otherwise would be allocated for fiscal year 
     2009 under section 854(c) of such Act, upon the written 
     request of an applicant, in conjunction with the State(s), 
     for a formula allocation on behalf of a metropolitan 
     statistical area, to designate the State or States in which 
     the metropolitan statistical area is located as the eligible 
     grantee(s) of the allocation. In the case that a metropolitan 
     statistical area involves more than one State, such amounts 
     allocated to each State shall be in proportion to the number 
     of cases of AIDS reported in the portion of the metropolitan 
     statistical area located in that State. Any amounts allocated 
     to a State under this section shall be used to carry out 
     eligible activities within the portion of the metropolitan 
     statistical area located in that State.
       Sec. 211. The President's formal budget request for fiscal 
     year 2010, as well as the Department of Housing and Urban 
     Development's congressional budget justifications to be 
     submitted to the Committees on Appropriations of the House of 
     Representatives and the Senate, shall use the identical 
     account and sub-account structure provided under this Act.
       Sec. 212. A public housing agency or such other entity that 
     administers Federal housing assistance for the Housing 
     Authority of the county of Los Angeles, California, the 
     States of Alaska, Iowa, and Mississippi shall not be required 
     to include a resident of public housing or a recipient of 
     assistance provided under section 8 of the United States 
     Housing Act of 1937 on the board of directors or a similar 
     governing board of such agency or entity as required under 
     section (2)(b) of such Act. Each public housing agency or 
     other entity that administers Federal housing assistance 
     under section 8 for the Housing Authority of the county of 
     Los Angeles, California and the States of Alaska, Iowa and 
     Mississippi that chooses not to include a resident of Public 
     Housing or a recipient of section 8 assistance on the board 
     of directors or a similar governing board shall establish an 
     advisory board of not less than six residents of public 
     housing or recipients of section 8 assistance to provide 
     advice and comment to the public housing agency or other 
     administering entity on issues related to public housing and 
     section 8. Such advisory board shall meet not less than 
     quarterly.
       Sec. 213. (a) Notwithstanding any other provision of law, 
     subject to the conditions listed in subsection (b), for 
     fiscal years 2008 and 2009, the Secretary of Housing and 
     Urban Development may authorize the transfer of some or all 
     project-based assistance, debt and statutorily required low-
     income and very low-income use restrictions, associated with 
     one or more multifamily housing project to another 
     multifamily housing project or projects.
       (b) The transfer authorized in subsection (a) is subject to 
     the following conditions:
       (1) The number of low-income and very low-income units and 
     the net dollar amount of Federal assistance provided by the 
     transferring project shall remain the same in the receiving 
     project or projects.
       (2) The transferring project shall, as determined by the 
     Secretary, be either physically obsolete or economically non-
     viable.
       (3) The receiving project or projects shall meet or exceed 
     applicable physical standards established by the Secretary.
       (4) The owner or mortgagor of the transferring project 
     shall notify and consult with the tenants residing in the 
     transferring project and provide a certification of approval 
     by all appropriate local governmental officials.
       (5) The tenants of the transferring project who remain 
     eligible for assistance to be provided by the receiving 
     project or projects shall not be required to vacate their 
     units in the transferring project or projects until new units 
     in the receiving project are available for occupancy.
       (6) The Secretary determines that this transfer is in the 
     best interest of the tenants.
       (7) If either the transferring project or the receiving 
     project or projects meets the condition specified in 
     subsection (c)(2)(A), any lien on the receiving project 
     resulting from additional financing obtained by the owner 
     shall be subordinate to any FHA-insured mortgage lien 
     transferred to, or placed on, such project by the Secretary.
       (8) If the transferring project meets the requirements of 
     subsection (c)(2)(E), the owner or mortgagor of the receiving 
     project or projects shall execute and record either a 
     continuation of the existing use agreement or a new use 
     agreement for the project where, in either case, any use 
     restrictions in such agreement are of no lesser duration than 
     the existing use restrictions.
       (9) Any financial risk to the FHA General and Special Risk 
     Insurance Fund, as determined by the Secretary, would be 
     reduced as a result of a transfer completed under this 
     section.
       (10) The Secretary determines that Federal liability with 
     regard to this project will not be increased.
       (c) For purposes of this section--
       (1) the terms ``low-income'' and ``very low-income'' shall 
     have the meanings provided by the statute and/or regulations 
     governing the program under which the project is insured or 
     assisted;
       (2) the term ``multifamily housing project'' means housing 
     that meets one of the following conditions--
       (A) housing that is subject to a mortgage insured under the 
     National Housing Act;
       (B) housing that has project-based assistance attached to 
     the structure including projects undergoing mark to market 
     debt restructuring under the Multifamily Assisted Housing 
     Reform and Affordability Housing Act;
       (C) housing that is assisted under section 202 of the 
     Housing Act of 1959 as amended by section 801 of the 
     Cranston-Gonzales National Affordable Housing Act;
       (D) housing that is assisted under section 202 of the 
     Housing Act of 1959, as such section existed before the 
     enactment of the Cranston-Gonzales National Affordable 
     Housing Act; or
       (E) housing or vacant land that is subject to a use 
     agreement;

[[Page 5736]]

       (3) the term ``project-based assistance'' means--
       (A) assistance provided under section 8(b) of the United 
     States Housing Act of 1937;
       (B) assistance for housing constructed or substantially 
     rehabilitated pursuant to assistance provided under section 
     8(b)(2) of such Act (as such section existed immediately 
     before October 1, 1983);
       (C) rent supplement payments under section 101 of the 
     Housing and Urban Development Act of 1965;
       (D) interest reduction payments under section 236 and/or 
     additional assistance payments under section 236(f)(2) of the 
     National Housing Act; and
       (E) assistance payments made under section 202(c)(2) of the 
     Housing Act of 1959;
       (4) the term ``receiving project or projects'' means the 
     multifamily housing project or projects to which some or all 
     of the project-based assistance, debt, and statutorily 
     required use low-income and very low-income restrictions are 
     to be transferred;
       (5) the term ``transferring project'' means the multifamily 
     housing project which is transferring some or all of the 
     project-based assistance, debt and the statutorily required 
     low-income and very low-income use restrictions to the 
     receiving project or projects; and
       (6) the term ``Secretary'' means the Secretary of Housing 
     and Urban Development.
       Sec. 214. The funds made available for Native Alaskans 
     under the heading ``Native American Housing Block Grants'' in 
     title III of this Act shall be allocated to the same Native 
     Alaskan housing block grant recipients that received funds in 
     fiscal year 2005.
       Sec. 215. No funds provided under this title may be used 
     for an audit of the Government National Mortgage Association 
     that makes applicable requirements under the Federal Credit 
     Reform Act of 1990 (2 U.S.C. 661 et seq.).
       Sec. 216. (a) No assistance shall be provided under section 
     8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) 
     to any individual who--
       (1) is enrolled as a student at an institution of higher 
     education (as defined under section 102 of the Higher 
     Education Act of 1965 (20 U.S.C. 1002));
       (2) is under 24 years of age;
       (3) is not a veteran;
       (4) is unmarried;
       (5) does not have a dependent child;
       (6) is not a person with disabilities, as such term is 
     defined in section 3(b)(3)(E) of the United States Housing 
     Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving 
     assistance under such section 8 as of November 30, 2005; and
       (7) is not otherwise individually eligible, or has parents 
     who, individually or jointly, are not eligible, to receive 
     assistance under section 8 of the United States Housing Act 
     of 1937 (42 U.S.C. 1437f).
       (b) For purposes of determining the eligibility of a person 
     to receive assistance under section 8 of the United States 
     Housing Act of 1937 (42 U.S.C. 1437f), any financial 
     assistance (in excess of amounts received for tuition) that 
     an individual receives under the Higher Education Act of 1965 
     (20 U.S.C. 1001 et seq.), from private sources, or an 
     institution of higher education (as defined under the Higher 
     Education Act of 1965 (20 U.S.C. 1002)), shall be considered 
     income to that individual, except for a person over the age 
     of 23 with dependent children.
       Sec. 217. Notwithstanding the limitation in the first 
     sentence of section 255(g) of the National Housing Act (12 
     U.S.C. 1715z-20(g)), the Secretary of Housing and Urban 
     Development may, until September 30, 2009, insure and enter 
     into commitments to insure mortgages under section 255 of the 
     National Housing Act (12 U.S.C. 1715z-20).
       Sec. 218. Notwithstanding any other provision of law, in 
     fiscal year 2009, in managing and disposing of any 
     multifamily property that is owned or has a mortgage held by 
     the Secretary of Housing and Urban Development, the Secretary 
     shall maintain any rental assistance payments under section 8 
     of the United States Housing Act of 1937 and other programs 
     that are attached to any dwelling units in the property. To 
     the extent the Secretary determines, in consultation with the 
     tenants and the local government, that such a multifamily 
     property owned or held by the Secretary is not feasible for 
     continued rental assistance payments under such section 8 or 
     other programs, based on consideration of (1) the costs of 
     rehabilitating and operating the property and all available 
     Federal, State, and local resources, including rent 
     adjustments under section 524 of the Multifamily Assisted 
     Housing Reform and Affordability Act of 1997 (``MAHRAA'') and 
     (2) environmental conditions that cannot be remedied in a 
     cost-effective fashion, the Secretary may, in consultation 
     with the tenants of that property, contract for project-based 
     rental assistance payments with an owner or owners of other 
     existing housing properties, or provide other rental 
     assistance. The Secretary shall also take appropriate steps 
     to ensure that project-based contracts remain in effect prior 
     to foreclosure, subject to the exercise of contractual 
     abatement remedies to assist relocation of tenants for 
     imminent major threats to health and safety. After 
     disposition of any multifamily property described under this 
     section, the contract and allowable rent levels on such 
     properties shall be subject to the requirements under section 
     524 of MAHRAA.
       Sec. 219.  During fiscal year 2009, in the provision of 
     rental assistance under section 8(o) of the United States 
     Housing Act of 1937 (42 U.S.C. 1437f(o)) in connection with a 
     program to demonstrate the economy and effectiveness of 
     providing such assistance for use in assisted living 
     facilities that is carried out in the counties of the State 
     of Michigan notwithstanding paragraphs (3) and (18)(B)(iii) 
     of such section 8(o), a family residing in an assisted living 
     facility in any such county, on behalf of which a public 
     housing agency provides assistance pursuant to section 
     8(o)(18) of such Act, may be required, at the time the family 
     initially receives such assistance, to pay rent in an amount 
     exceeding 40 percent of the monthly adjusted income of the 
     family by such a percentage or amount as the Secretary of 
     Housing and Urban Development determines to be appropriate.
       Sec. 220. The Secretary of Housing and Urban Development 
     shall report quarterly to the House of Representatives and 
     Senate Committees on Appropriations on HUD's use of all sole 
     source contracts, including terms of the contracts, cost, and 
     a substantive rationale for using a sole source contract.
       Sec. 221.  Notwithstanding any other provision of law, the 
     recipient of a grant under section 202b of the Housing Act of 
     1959 (12 U.S.C. 1701q-2) after December 26, 2000, in 
     accordance with the unnumbered paragraph at the end of 
     section 202(b) of such Act, may, at its option, establish a 
     single-asset nonprofit entity to own the project and may lend 
     the grant funds to such entity, which may be a private 
     nonprofit organization described in section 831 of the 
     American Homeownership and Economic Opportunity Act of 2000.
       Sec. 222. (a) The amounts provided under the subheading 
     ``Program Account'' under the heading ``Community Development 
     Loan Guarantees'' may be used to guarantee, or make 
     commitments to guarantee, notes, or other obligations issued 
     by any State on behalf of non-entitlement communities in the 
     State in accordance with the requirements of section 108 of 
     the Housing and Community Development Act of 1974: Provided, 
     That, any State receiving such a guarantee or commitment 
     shall distribute all funds subject to such guarantee to the 
     units of general local government in non-entitlement areas 
     that received the commitment.
       (b) Not later than 60 days after the date of enactment of 
     this Act, the Secretary of Housing and Urban Development 
     shall promulgate regulations governing the administration of 
     the funds described under subsection (a).
       Sec. 223. Section 24 of the United States Housing Act of 
     1937 (42 U.S.C. 1437v) is amended--
       (1) in subsection (m)(1), by striking ``2003'' and 
     inserting ``2009''; and
       (2) in subsection (o), by striking ``September 30, 2007'' 
     and inserting ``September 30, 2009''.
       Sec. 224. (a) Required Submissions for Fiscal Years 2008 
     and 2009.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary of Housing and Urban 
     Development shall submit to the relevant authorizing 
     committees and to the Committees on Appropriations of the 
     Senate and the House of Representatives for fiscal years 2008 
     and 2009--
       (A) a complete and accurate accounting of the actual 
     project-based renewal costs for project-based assistance 
     under section 8 of the United States Housing Act of 1937 (42 
     U.S.C. 1437f);
       (B) revised estimates of the funding needed to fully fund 
     all 12 months of all project-based contracts under such 
     section 8, including project-based contracts that expire in 
     fiscal year 2008 and fiscal year 2009; and
       (C) all sources of funding that will be used to fully fund 
     all 12 months of the project-based contracts for fiscal years 
     2008 and 2009.
       (2) Updated information.--At any time after the expiration 
     of the 60-day period described in paragraph (1), the 
     Secretary may submit corrections or updates to the 
     information required under paragraph (1), if upon completion 
     of an audit of the project-based assistance program under 
     section 8 of the United States Housing Act of 1937 (42 U.S.C. 
     1437f), such audit reveals additional information that may 
     provide Congress a more complete understanding of the 
     Secretary's implementation of the project-based assistance 
     program under such section 8.
       (b) Required Submissions for Fiscal Year 2010.--As part of 
     the Department of Housing and Urban Development's budget 
     request for fiscal year 2010, the Secretary of Housing and 
     Urban Development shall submit to the relevant authorizing 
     committees and to the Committees on Appropriations of the 
     Senate and the House of Representatives complete and detailed 
     information, including a project-by-project analysis, that 
     verifies that such budget request will fully fund all 
     project-based contracts under section 8 of the United States 
     Housing Act of 1937 (42 U.S.C. 1437f) in fiscal year 2010, 
     including expiring project-based contracts.
       Sec. 225. Public housing agencies that own and operate 400 
     or fewer public housing units may elect to be exempt from any 
     asset management requirement imposed by the Secretary of 
     Housing and Urban Development in

[[Page 5737]]

     connection with the operating fund rule: Provided, That an 
     agency seeking a discontinuance of a reduction of subsidy 
     under the operating fund formula shall not be exempt from 
     asset management requirements.
       Sec. 226.  With respect to the use of amounts provided in 
     this Act and in future Acts for the operation, capital 
     improvement and management of public housing as authorized by 
     sections 9(d) and 9(e) of the United States Housing Act of 
     1937 (42 U.S.C. 1437g(d) and (e)), the Secretary shall not 
     impose any requirement or guideline relating to asset 
     management that restricts or limits in any way the use of 
     capital funds for central office costs pursuant to section 
     9(g)(1) or 9(g)(2) of the United States Housing Act of 1937 
     (42 U.S.C. 1437g(g)(1), (2)): Provided, however, that a 
     public housing agency may not use capital funds authorized 
     under section 9(d) for activities that are eligible under 
     section 9(e) for assistance with amounts from the operating 
     fund in excess of the amounts permitted under section 9(g)(1) 
     or 9(g)(2).
       Sec. 227.  The Secretary of Housing and Urban Development 
     shall report quarterly to the House of Representatives and 
     Senate Committees on Appropriations on the status of all 
     section 8 project-based housing, including the number of all 
     project-based units by region as well as an analysis of all 
     federally subsidized housing being refinanced under the Mark-
     to-Market program. The Secretary shall in the report identify 
     all existing units maintained by region as section 8 project-
     based units and all project-based units that have opted out 
     of section 8 or have otherwise been eliminated as section 8 
     project-based units. The Secretary shall identify in detail 
     and by project all the efforts made by the Department to 
     preserve all section 8 project-based housing units and all 
     the reasons for any units which opted out or otherwise were 
     lost as section 8 project-based units. Such analysis shall 
     include a review of the impact of the loss of any subsidized 
     units in that housing marketplace, such as the impact of cost 
     and the loss of available subsidized, low-income housing in 
     areas with scarce housing resources for low-income families.
       Sec. 228. Section 683(2) of the Housing and Community 
     Development Act of 1992 (42 U.S.C. 13641(2)) is amended--
       (1) in subparagraph (F), by striking ``and'';
       (2) in subparagraph (G) by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding a new subparagraph (H) as follows:
       ``(H) housing that is assisted under section 811 of the 
     Cranston-Gonzalez Affording Housing Act (42 U.S.C. 8013).''.
       Sec. 229. The Home Investment Partnerships Act (42 U.S.C. 
     12721 et seq.) is amended--
       (1) in section 233(d)(1) by striking ``20'' and inserting 
     ``40'';
       (2) in section 233(e) by striking ``40'' and inserting 
     ``25'';
       (3) in section 243(b), in the second sentence, by striking 
     ``20'' and inserting ``40''; and
       (4) in section 271(i) by striking ``Act after December 31, 
     2007'' and inserting ``section after December 31, 2011''.
       Sec. 230. No official or employee of the Department of 
     Housing and Urban Development shall be designated as an 
     allotment holder unless the Office of the Chief Financial 
     Officer has determined that such allotment holder has 
     implemented an adequate system of funds control and has 
     received training in funds control procedures and directives. 
     The Chief Financial Officer shall ensure that, not later than 
     90 days after the date of enactment of this Act, a trained 
     allotment holder shall be designated for each HUD subaccount 
     under the headings ``Executive Direction'' and 
     ``Administration, Operations, and Management'' as well as 
     each account receiving appropriations for ``personnel 
     compensation and benefits'' within the Department of Housing 
     and Urban Development.
       Sec. 231. Payment of attorney fees in program-related 
     litigation must be paid from individual program office 
     personnel benefits and compensation funding. The annual 
     budget submission for program office personnel benefit and 
     compensation funding must include program-related litigation 
     costs for attorney fees as a separate line item request.
       Sec. 232. Of the unobligated balances remaining from funds 
     appropriated under the heading ``Tenant-Based Rental 
     Assistance'' under the Department of Housing and Urban 
     Development Appropriations Act, 2008, $750,000,000 are 
     rescinded from the $4,158,000,000 which are available on 
     October 1, 2008. Such amount shall be derived from reductions 
     to public housing agencies' calendar year 2009 allocations 
     based on amounts in public housing agencies' net restricted 
     assets accounts (in accordance with VMS data in calendar year 
     2008 that is verifiable and complete), as determined by the 
     Secretary.
       Sec. 233.  The Secretary of the Department of Housing and 
     Urban Development shall for Fiscal Year 2009 and thereafter, 
     notify the public through the Federal Register and other 
     means, as determined appropriate, of the issuance of a notice 
     of the availability of assistance or notice of funding 
     availability (NOFA) for any program or discretionary fund 
     administered by the Secretary that is to be competitively 
     awarded. Notwithstanding any other provision of law, for 
     Fiscal Year 2009 and thereafter, the Secretary may make the 
     NOFA available only on the Internet at the appropriate 
     government website or websites or through other electronic 
     media, as determined by the Secretary.
       Sec. 234. Prepayment and Refinancing. (a) Approval of 
     Prepayment of Debt.--Upon request of the project sponsor of a 
     project assisted with a loan under section 202 of the Housing 
     Act of 1959 (as in effect before the enactment of the 
     Cranston-Gonzalez National Affordable Housing Act), for which 
     the Secretary's consent to prepayment is required, the 
     Secretary shall approve the prepayment of any indebtedness to 
     the Secretary relating to any remaining principal and 
     interest under the loan as part of a prepayment plan under 
     which--
       (1) the project sponsor agrees to operate the project until 
     the maturity date of the original loan under terms at least 
     as advantageous to existing and future tenants as the terms 
     required by the original loan agreement or any project-based 
     rental assistance payments contract under section 8 of the 
     United States Housing Act of 1937 (or any other project-based 
     rental housing assistance programs of the Department of 
     Housing and Urban Development, including the rent supplement 
     program under section 101 of the Housing and Urban 
     Development Act of 1965 (12 U.S.C. 1701s)) or any successor 
     project-based rental assistance program, except as provided 
     by subsection (a)(2)(B); and
       (2) the prepayment may involve refinancing of the loan if 
     such refinancing results --
       (A) in a lower interest rate on the principal of the loan 
     for the project and in reductions in debt service related to 
     such loan; or
       (B) in the case of a project that is assisted with a loan 
     under such section 202 carrying an interest rate of 6 percent 
     or lower, a transaction under which
       (i) the project owner shall address the physical needs of 
     the project;
       (ii) the prepayment plan for the transaction, including the 
     refinancing, shall meet a cost benefit analysis, as 
     established by the Secretary, that the benefit of the 
     transaction outweighs the cost of the transaction including 
     any increases in rent charged to unassisted tenants;
       (iii) the overall cost for providing rental assistance 
     under section 8 for the project (if any) is not increased, 
     except, upon approval by the Secretary to--

       (I) mark-up-to-market contracts pursuant to section 
     524(a)(3) of the Multifamily Assisted Housing Reform and 
     Affordability Act (42 U.S.C. 1437f note), as such section is 
     carried out by the Secretary for properties owned by 
     nonprofit organizations; or
       (II) mark-up-to-budget contracts pursuant to section 
     524(a)(4) of the Multifamily Assisted Housing Reform and 
     Affordability Act (42 U.S.C. 1437f note), as such section is 
     carried out by the Secretary for properties owned by eligible 
     owners ( as such term is defined in section 202(k) of the 
     Housing Act of 1959 (12 U.S.C. 1701q(k));

       (iv) the project owner may charge tenants rent sufficient 
     to meet debt service payments and operating cost 
     requirements, as approved by the Secretary, if project-based 
     rental assistance is not available or is insufficient for the 
     debt service and operating cost of the project after 
     refinancing. Such approval by the Secretary--

       (I) shall be the basis for the owner to agree to terminate 
     the project-based rental assistance contract that is 
     insufficient for the debt service and operating cost of the 
     project after refinancing; and
       (II) shall be an eligibility event for the project for 
     purposes of section 8(t) of the United States Housing Act of 
     1937 (42 U.S.C. 1437f(t));

       (v) units to be occupied by tenants assisted under section 
     8(t) of the United States Housing Act of 1937 (42 U.S.C. 
     1437f(t)) shall, upon termination of the occupancy of such 
     tenants, become eligible for project-based assistance under 
     section 8(o)(13) of the United States Housing Act of 1937 (42 
     U.S.C. 1437f(o)(13)) without regard to the percentage 
     limitations provided in such section; and
       (vi) there shall be a use agreement of 20 years from the 
     date of the maturity date of the original 202 loan for all 
     units, including units to be occupied by tenants assisted 
     under section 8(t) of the United States Housing Act of 1937 
     (42 U.S.C. 1437f(t)).
       Sec. 235. Use of Surplus Federal Property for the Homeless. 
     No property identified by the Secretary of Housing and Urban 
     Development as surplus Federal property for use to assist the 
     homeless shall be made available to any homeless group unless 
     the group is a member in good standing under any of HUD's 
     homeless assistance programs or is in good standing with any 
     other program which receives funds from any other Federal or 
     State agency or entity: Provided, That an exception may be 
     made for an entity not involved with Federal homeless 
     programs to use surplus Federal property for the homeless 
     only after the Secretary or another responsible Federal 
     agency has fully and comprehensively reviewed all relevant 
     finances of the entity, the track record of the entity in 
     assisting the homeless, the ability of the entity to manage 
     the property, including all costs, the ability of the entity 
     to administer homeless programs in a manner that is effective 
     to meet the needs of the homeless population that is expected 
     to use the property and any other related issues

[[Page 5738]]

     that demonstrate a commitment to assist the homeless: 
     Provided further, That the Secretary shall not require the 
     entity to have cash in hand in order to demonstrate financial 
     ability but may rely on the entity's prior demonstrated 
     fundraising ability or commitments for in-kind donations of 
     goods and services: Provided further, That the Secretary 
     shall make all such information and its decision regarding 
     the award of the surplus property available to the committees 
     of jurisdiction, including a full justification of the 
     appropriateness of the use of the property to assist the 
     homeless as well as the appropriateness of the group seeking 
     to obtain the property to use such property to assist the 
     homeless: Provided further, That, this section shall apply to 
     properties in fiscal year 2008 and 2009 made available as 
     surplus Federal property for use to assist the homeless.
       Sec. 236. The Secretary of Housing and Urban Development 
     shall increase, pursuant to this section, the number of 
     Moving-to-Work agencies authorized under section 204, title 
     II, of the Departments of Veterans Affairs and Housing and 
     Urban Development and Independent Agencies Appropriations 
     Act, 1996 (Public Law 104-134; 110 Stat. 1321-281) by adding 
     to the program three Public Housing Agencies that meet the 
     following requirements: is a High Performing Agency under the 
     Public Housing Assessment System (PHAS) and is a HOPE VI 
     agency. No PHA shall be granted this designation through this 
     section that administers in excess of 5,000 aggregate housing 
     vouchers and public housing units. No PHA granted this 
     designation through this section shall receive more funding 
     than they otherwise would have received absent this 
     designation.
       Sec. 237. Of the unobligated balances remaining from funds 
     appropriated to the Department of Housing and Urban 
     Development under the fourth paragraph under the heading 
     ``General and Special Risk Program Account'' in the 
     Department of Housing and Urban Development Appropriations 
     Act, 2008, $5,000,000 are rescinded: Provided, That with 
     respect to such discount sales referenced under such 
     paragraph, notwithstanding any other provision of law, in 
     determining the market value of any multifamily real property 
     or multifamily loan for any noncompetitive sale to a State or 
     local government, the Secretary shall in fiscal year 2009 
     consider, but not be limited to, industry standard appraisal 
     practices, including the cost of repairs needed to bring the 
     property into such condition as to satisfy minimum State and 
     local code standards and the cost of maintaining the 
     affordability restrictions imposed by the Secretary on the 
     multifamily real property or multifamily loan.
       Sec. 238. The Secretary of the Department of Housing and 
     Urban Development is authorized to transfer up to 5 percent 
     of funds appropriated for any account under this title under 
     the heading ``Personnel Compensation and Benefits'' to any 
     other account under this title under the heading ``Personnel 
     Compensation and Benefits'' only after such transfer has been 
     submitted to, and received prior written approval by, the 
     House and Senate Committees on Appropriations: Provided, 
     That, no appropriation for any such account shall be 
     increased or decreased by more than 10 percent by all such 
     transfers.
       Sec. 239. The Disaster Housing Assistance Programs, 
     administered by the Department of Housing and Urban 
     Development, shall be considered a ``program of the 
     Department of Housing and Urban Development'' under section 
     904 of the McKinney Act for the purpose of income 
     verifications and matching.
        This title may be cited as the ``Department of Housing and 
     Urban Development Appropriations Act, 2009''.

                               TITLE III

                            RELATED AGENCIES

       Architectural and Transportation Barriers Compliance Board


                         Salaries and Expenses

       For expenses necessary for the Architectural and 
     Transportation Barriers Compliance Board, as authorized by 
     section 502 of the Rehabilitation Act of 1973, as amended, 
     $6,550,000: Provided, That, notwithstanding any other 
     provision of law, there may be credited to this appropriation 
     funds received for publications and training expenses.

                      Federal Maritime Commission


                         Salaries and Expenses

       For necessary expenses of the Federal Maritime Commission 
     as authorized by section 201(d) of the Merchant Marine Act, 
     1936, as amended (46 U.S.C. App. 1111), including services as 
     authorized by 5 U.S.C. 3109; hire of passenger motor vehicles 
     as authorized by 31 U.S.C. 1343(b); and uniforms or 
     allowances therefor, as authorized by 5 U.S.C. 5901-5902, 
     $22,800,000: Provided, That not to exceed $2,000 shall be 
     available for official reception and representation expenses.

                  National Transportation Safety Board


                         Salaries and Expenses

       For necessary expenses of the National Transportation 
     Safety Board, including hire of passenger motor vehicles and 
     aircraft; services as authorized by 5 U.S.C. 3109, but at 
     rates for individuals not to exceed the per diem rate 
     equivalent to the rate for a GS-15; uniforms, or allowances 
     therefor, as authorized by law (5 U.S.C. 5901-5902) 
     $91,000,000, of which not to exceed $2,000 may be used for 
     official reception and representation expenses. The amounts 
     made available to the National Transportation Safety Board in 
     this Act include amounts necessary to make lease payments due 
     in fiscal year 2009 only, on an obligation incurred in fiscal 
     year 2001 for a capital lease. Of the funds provided, up to 
     $100,000 shall be provided through reimbursement to the 
     Department of Transportation's Office of Inspector General to 
     audit the National Transportation Safety Board's financial 
     statements.


                              (rescission)

       Of the available unobligated balances made available under 
     this heading in Public Law 106-246, $671,275 are rescinded.

                 Neighborhood Reinvestment Corporation


          Payment to the Neighborhood Reinvestment Corporation

       For payment to the Neighborhood Reinvestment Corporation 
     for use in neighborhood reinvestment activities, as 
     authorized by the Neighborhood Reinvestment Corporation Act 
     (42 U.S.C. 8101-8107), $131,000,000, of which $5,000,000 
     shall be for a multi-family rental housing program: Provided, 
     That of the amounts made available under this heading, 
     $6,000,000 shall be made available to conduct a consumer 
     mortgage public education campaign: Provided further, That 
     funding amounts provided under the previous proviso shall be 
     available for campaign development, production, and outreach 
     activities.
       For an additional amount, $50,000,000 shall be made 
     available until expended to the Neighborhood Reinvestment 
     Corporation for mortgage foreclosure mitigation activities, 
     under the following terms and conditions:
       (1) The Neighborhood Reinvestment Corporation (``NRC''), 
     shall make grants to counseling intermediaries approved by 
     the Department of Housing and Urban Development (HUD) (with 
     match to be determined by the NRC based on affordability and 
     the economic conditions of an area; a match also may be 
     waived by the NRC based on the aforementioned conditions) to 
     provide mortgage foreclosure mitigation assistance primarily 
     to States and areas with high rates of defaults and 
     foreclosures primarily in the subprime housing market to help 
     eliminate the default and foreclosure of mortgages of owner-
     occupied single-family homes that are at risk of such 
     foreclosure. Other than areas with high rates of defaults and 
     foreclosures, grants may also be provided to approved 
     counseling intermediaries based on a geographic analysis of 
     the Nation by the NRC which determines where there is a 
     prevalence of subprime mortgages that are risky and likely to 
     fail, including any trends for mortgages that are likely to 
     default and face foreclosure. A State Housing Finance Agency 
     may also be eligible where the State Housing Finance Agency 
     meets all the requirements under this paragraph. A HUD-
     approved counseling intermediary shall meet certain mortgage 
     foreclosure mitigation assistance counseling requirements, as 
     determined by the NRC, and shall be approved by HUD or the 
     NRC as meeting these requirements.
       (2) Mortgage foreclosure mitigation assistance shall only 
     be made available to homeowners of owner-occupied homes with 
     mortgages in default or in danger of default. These mortgages 
     shall likely be subject to a foreclosure action and 
     homeowners will be provided such assistance that shall 
     consist of activities that are likely to prevent foreclosures 
     and result in the long-term affordability of the mortgage 
     retained pursuant to such activity or another positive 
     outcome for the homeowner. No funds made available under this 
     paragraph may be provided directly to lenders or homeowners 
     to discharge outstanding mortgage balances or for any other 
     direct debt reduction payments.
       (3) The use of Mortgage Foreclosure Mitigation Assistance 
     by approved counseling intermediaries and State Housing 
     Finance Agencies shall involve a reasonable analysis of the 
     borrower's financial situation, an evaluation of the current 
     value of the property that is subject to the mortgage, 
     counseling regarding the assumption of the mortgage by 
     another non-Federal party, counseling regarding the possible 
     purchase of the mortgage by a non-Federal third party, 
     counseling and advice of all likely restructuring and 
     refinancing strategies or the approval of a work-out strategy 
     by all interested parties.
       (4) NRC may provide up to 15 percent of the total funds 
     under this paragraph to its own charter members with 
     expertise in foreclosure prevention counseling, subject to a 
     certification by the NRC that the procedures for selection do 
     not consist of any procedures or activities that could be 
     construed as an unacceptable conflict of interest or have the 
     appearance of impropriety.
       (5) HUD-approved counseling entities and State Housing 
     Finance Agencies receiving funds under this paragraph shall 
     have demonstrated experience in successfully working with 
     financial institutions as well as borrowers facing default, 
     delinquency and foreclosure as well as documented counseling 
     capacity, outreach capacity, past successful performance and 
     positive outcomes with documented counseling plans (including 
     post mortgage foreclosure mitigation counseling), loan 
     workout agreements and loan modification agreements. NRC may 
     use other criteria

[[Page 5739]]

     to demonstrate capacity in underserved areas.
       (6) Of the total amount made available under this 
     paragraph, up to $5,000,000 may be made available to build 
     the mortgage foreclosure and default mitigation counseling 
     capacity of counseling intermediaries through NRC training 
     courses with HUD-approved counseling intermediaries and their 
     partners, except that private financial institutions that 
     participate in NRC training shall pay market rates for such 
     training.
       (7) Of the total amount made available under this 
     paragraph, up to 4 percent may be used for associated 
     administrative expenses for the NRC to carry out activities 
     provided under this section.
       (8) Mortgage foreclosure mitigation assistance grants may 
     include a budget for outreach and advertising, and training, 
     as determined by the NRC.
       (9) The NRC shall report bi-annually to the House and 
     Senate Committees on Appropriations as well as the Senate 
     Banking Committee and House Financial Services Committee on 
     its efforts to mitigate mortgage default. Such reports shall 
     identify successful strategies and methods for preserving 
     homeownership and the long-term affordability of at-risk 
     mortgages and shall include recommended efforts that will or 
     likely can assist in the success of this program as well as 
     an analysis of any policy and procedures that failed to 
     result in successful mortgage foreclosure mitigation. The 
     report shall include an analysis of the details and use of 
     any post mitigation counseling of assisted borrowers designed 
     to ensure the continued long-term affordability of the 
     mortgages which were the subject of the mortgage foreclosure 
     mitigation assistance.

           United States Interagency Council on Homelessness


                           Operating Expenses

       For necessary expenses (including payment of salaries, 
     authorized travel, hire of passenger motor vehicles, the 
     rental of conference rooms, and the employment of experts and 
     consultants under section 3109 of title 5, United States 
     Code) of the United States Interagency Council on 
     Homelessness in carrying out the functions pursuant to title 
     II of the McKinney-Vento Homeless Assistance Act, as amended, 
     $2,333,000: Provided, That no funds may be used to pay the 
     salaries and benefits of any employee of the United States 
     Interagency Council on Homelessness that spends more than 10 
     days outside of the United States while not on annual leave.
       Title II of the McKinney-Vento Homeless Assistance Act, as 
     amended, is amended in section 209 by striking ``2008'' and 
     inserting ``2010''.

                                TITLE IV

                      GENERAL PROVISIONS--THIS ACT

       Sec. 401. Such sums as may be necessary for fiscal year 
     2009 pay raises for programs funded in this Act shall be 
     absorbed within the levels appropriated in this Act or 
     previous appropriations Acts.
       Sec. 402. None of the funds in this Act shall be used for 
     the planning or execution of any program to pay the expenses 
     of, or otherwise compensate, non-Federal parties intervening 
     in regulatory or adjudicatory proceedings funded in this Act.
       Sec. 403. None of the funds appropriated in this Act shall 
     remain available for obligation beyond the current fiscal 
     year, nor may any be transferred to other appropriations, 
     unless expressly so provided herein.
       Sec. 404. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract 
     pursuant to section 3109 of title 5, United States Code, 
     shall be limited to those contracts where such expenditures 
     are a matter of public record and available for public 
     inspection, except where otherwise provided under existing 
     law, or under existing Executive order issued pursuant to 
     existing law.
       Sec. 405. Except as otherwise provided in this Act, none of 
     the funds provided in this Act, provided by previous 
     appropriations Acts to the agencies or entities funded in 
     this Act that remain available for obligation or expenditure 
     in fiscal year 2009, or provided from any accounts in the 
     Treasury derived by the collection of fees and available to 
     the agencies funded by this Act, shall be available for 
     obligation or expenditure through a reprogramming of funds 
     that: (1) creates a new program; (2) eliminates a program, 
     project, or activity; (3) increases funds or personnel for 
     any program, project, or activity for which funds have been 
     denied or restricted by the Congress; (4) proposes to use 
     funds directed for a specific activity by either the House or 
     Senate Committees on Appropriations for a different purpose; 
     (5) augments existing programs, projects, or activities in 
     excess of $5,000,000 or 10 percent, whichever is less; (6) 
     reduces existing programs, projects, or activities by 
     $5,000,000 or 10 percent, whichever is less; or (7) creates, 
     reorganizes, or restructures a branch, division, office, 
     bureau, board, commission, agency, administration, or 
     department different from the budget justifications submitted 
     to the Committees on Appropriations or the table accompanying 
     the explanatory statement accompanying this Act, whichever is 
     more detailed, unless prior approval is received from the 
     House and Senate Committees on Appropriations: Provided, That 
     not later than 60 days after the date of enactment of this 
     Act, each agency funded by this Act shall submit a report to 
     the Committees on Appropriations of the Senate and of the 
     House of Representatives to establish the baseline for 
     application of reprogramming and transfer authorities for the 
     current fiscal year: Provided further, That the report shall 
     include: (1) a table for each appropriation with a separate 
     column to display the President's budget request, adjustments 
     made by Congress, adjustments due to enacted rescissions, if 
     appropriate, and the fiscal year enacted level; (2) a 
     delineation in the table for each appropriation both by 
     object class and program, project, and activity as detailed 
     in the budget appendix for the respective appropriation; and 
     (3) an identification of items of special congressional 
     interest: Provided further, That the amount appropriated or 
     limited for salaries and expenses for an agency shall be 
     reduced by $100,000 per day for each day after the required 
     date that the report has not been submitted to the Congress.
       Sec. 406.  Except as otherwise specifically provided by 
     law, not to exceed 50 percent of unobligated balances 
     remaining available at the end of fiscal year 2009 from 
     appropriations made available for salaries and expenses for 
     fiscal year 2009 in this Act, shall remain available through 
     September 30, 2010, for each such account for the purposes 
     authorized: Provided, That a request shall be submitted to 
     the House and Senate Committees on Appropriations for 
     approval prior to the expenditure of such funds: Provided 
     further, That these requests shall be made in compliance with 
     reprogramming guidelines under section 405 of this Act.
       Sec. 407.  All Federal agencies and departments that are 
     funded under this Act shall issue a report to the House and 
     Senate Committees on Appropriations on all sole source 
     contracts by no later than July 31, 2009. Such report shall 
     include the contractor, the amount of the contract and the 
     rationale for using a sole source contract.
       Sec. 408. (a) None of the funds made available in this Act 
     may be obligated or expended for any employee training that--
       (1) does not meet identified needs for knowledge, skills, 
     and abilities bearing directly upon the performance of 
     official duties;
       (2) contains elements likely to induce high levels of 
     emotional response or psychological stress in some 
     participants;
       (3) does not require prior employee notification of the 
     content and methods to be used in the training and written 
     end of course evaluation;
       (4) contains any methods or content associated with 
     religious or quasi-religious belief systems or ``new age'' 
     belief systems as defined in Equal Employment Opportunity 
     Commission Notice N-915.022, dated September 2, 1988; or
       (5) is offensive to, or designed to change, participants' 
     personal values or lifestyle outside the workplace.
       (b) Nothing in this section shall prohibit, restrict, or 
     otherwise preclude an agency from conducting training bearing 
     directly upon the performance of official duties.
       Sec. 409. No funds in this Act may be used to support any 
     Federal, State, or local projects that seek to use the power 
     of eminent domain, unless eminent domain is employed only for 
     a public use: Provided, That for purposes of this section, 
     public use shall not be construed to include economic 
     development that primarily benefits private entities: 
     Provided further, That any use of funds for mass transit, 
     railroad, airport, seaport or highway projects as well as 
     utility projects which benefit or serve the general public 
     (including energy-related, communication-related, water-
     related and wastewater-related infrastructure), other 
     structures designated for use by the general public or which 
     have other common-carrier or public-utility functions that 
     serve the general public and are subject to regulation and 
     oversight by the government, and projects for the removal of 
     an immediate threat to public health and safety or 
     brownsfield as defined in the Small Business Liability Relief 
     and Brownsfield Revitalization Act (Public Law 107-118) shall 
     be considered a public use for purposes of eminent domain.
       Sec. 410. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriations Act.
       Sec. 411. No part of any appropriation contained in this 
     Act shall be available to pay the salary for any person 
     filling a position, other than a temporary position, formerly 
     held by an employee who has left to enter the Armed Forces of 
     the United States and has satisfactorily completed his period 
     of active military or naval service, and has within 90 days 
     after his release from such service or from hospitalization 
     continuing after discharge for a period of not more than 1 
     year, made application for restoration to his former position 
     and has been certified by the Office of Personnel Management 
     as still qualified to perform the duties of his former 
     position and has not been restored thereto.
       Sec. 412. No funds appropriated pursuant to this Act may be 
     expended by an entity unless the entity agrees that in 
     expending the

[[Page 5740]]

     assistance the entity will comply with sections 2 through 4 
     of the Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly 
     known as the ``Buy American Act'').
       Sec. 413. No funds appropriated or otherwise made available 
     under this Act shall be made available to any person or 
     entity that has been convicted of violating the Buy American 
     Act (41 U.S.C. 10a-10c).
       This division may be cited as the ``Transportation, Housing 
     and Urban Development, and Related Agencies Appropriations 
     Act, 2009''.

 DIVISION J--FURTHER PROVISIONS RELATING TO THE DEPARTMENT OF HOMELAND 
                       SECURITY AND OTHER MATTERS

                    DEPARTMENT OF HOMELAND SECURITY

                      United States Secret Service


                         SALARIES AND EXPENSES

                     (including transfer of funds)

       For an additional amount for ``Salaries and Expenses'', 
     $100,000,000, to remain available until expended, to address 
     additional requirements related to the protection mission: 
     Provided, That of this amount, not to exceed $12,730,000 may 
     be transferred to ``Acquisition, Construction, Improvements, 
     and Related Expenses'' to address the deferred maintenance 
     backlog: Provided further, That the amount under this heading 
     is designated as an emergency requirement and necessary to 
     meet emergency needs pursuant to section 204(a) of S. Con. 
     Res. 21 (110th Congress) and section 301(b)(2) of S. Con. 
     Res. 70 (110th Congress), the concurrent resolutions on the 
     budget for fiscal years 2008 and 2009.

                   GENERAL PROVISIONS--THIS DIVISION

       Sec. 101. Sections 143, 144, and 145 of division A of the 
     Consolidated Security, Disaster Assistance, and Continuing 
     Appropriations Act, 2009 (Public Law 110-329; 122 Stat. 3580 
     et seq.) are each amended by striking ``the date specified in 
     section 106(3) of this joint resolution'' and inserting 
     ``September 30, 2009''.
       Sec. 102. (a) Extension of Commission on the Prevention of 
     Weapons of Mass Destruction Proliferation and Terrorism.--
     Effective as of February 1, 2009, section 1858 of the 
     Implementing Recommendations of the 9/11 Commission Act of 
     2007 (Public Law 110-53; 121 Stat. 504) is amended--
       (1) in subsection (a), by striking ``60 days after'' and 
     all that follows through the end of the subsection and 
     inserting ``on March 1, 2010.''; and
       (2) in subsection (b), by striking ``the 60-day period 
     referred to in subsection (a)'' and inserting ``the period 
     beginning on February 2, 2009, and ending on February 28, 
     2010,''.
       (b) Funding.--Of the funds provided under the heading 
     ``Operation and Maintenance, Defense-Wide'' in the Department 
     of Defense Appropriations Act, 2009 (division C of Public Law 
     110-329; 122 Stat. 3606), $1,100,000 shall be made available 
     only for purposes of the Commission on the Prevention of 
     Weapons of Mass Destruction Proliferation and Terrorism.
       Sec. 103. Notwithstanding any provision of section 
     601(a)(2) of the Legislative Reorganization Act of 1946 (2 
     U.S.C. 31(2)), the percentage adjustment scheduled to take 
     effect under any such provision in calendar year 2010 shall 
     not take effect.

  The SPEAKER pro tempore. The gentleman from Wisconsin (Mr. Obey) and 
the gentleman from California (Mr. Lewis) each will control 30 minutes.
  The Chair recognizes the gentleman from Wisconsin.
  Mr. OBEY. Mr. Speaker, I think we've already debated this issue 
extensively. This bill is needed to fill in the gaps left in the 
existing budget for this year. It is the last of yesterday's business 
so that we can move ahead to deal with the President's expected new 
budget. I would urge support for the package.
  I reserve the balance of my time.
  Mr. LEWIS of California. Mr. Speaker, like many of my colleagues, I'm 
embarrassed by this omnibus spending bill and the process that created 
it. Even as the President talks about the need to put our economic 
house in order, this House continues to spend and spend and spend and 
spend. Clearly, the Congress has lost its way.
  Not one of the nine spending bills in this omnibus was ever 
considered by the full committee. Six of the nine bills in this package 
were never considered by the full Appropriations Committee. One more 
time we're spending hundreds of billions of dollars with no debate, no 
amendments, no Member input. Yes, clearly, this Congress has lost its 
way.
  It's now standard operating procedure that only a handful of Members 
in leadership are actually involved in writing significant legislation. 
This has been true with every supplemental spending package the House 
has considered over the last 2 years. This was true in the development 
of the $789 billion stimulus package passed by the House just 2 weeks 
ago. And, that is true once again today.
  Under this rule just adopted, Members have 1 hour to debate $410 
billion in spending, with no opportunity for amendments. That equates 
to nearly $7 billion for every minute of debate. Sadly, the vast 
majority of our Members will have no voice whatsoever in crafting this 
measure.
  The fiscal year 2009 omnibus bill contains funding for nine of the 12 
regular appropriations bills, a total of $410 billion. The new fiscal 
year began on October 1 and today, nearly 5 months later, we're jamming 
the work that should have been done last year into one massive, last-
minute, ``take-it-or-leave-it'' spending bill.
  The spending in this legislation represents a $32 billion, or 8 
percent increase over last year for the very same agencies and 
programs. With the exception of the spending boost after the September 
11 attacks, this represents the largest annual Federal Government 
spending increase since 1978.
  At the very time when our economy is forcing families to make do with 
less, Congress has embarked on the largest spending spree in our 
country's history. When combined with the three appropriations bills 
that were signed into law in September, this enacted fiscal year 2009 
budget will become our country's very first trillion dollar 
discretionary budget.

                              {time}  1415

  It comes as no surprise that the $410 billion omnibus spending bill 
contains funding for many of the same government programs that received 
funding in the $789 billion stimulus package. Stimulus funding for 
these nine spending bills totals $270 billion. When added together, the 
combined fiscal year 2009 funding for government programs in both bills 
is $680 billion--an increase of $301 billion, or an 80 percent increase 
over just last year.
  The real surprise is not the unfettered spending but the complete and 
utter failure of Congress to encourage any fiscal discipline 
whatsoever. At a time when American families are cutting unnecessary 
spending to weather the economic downturn, Congress should be doing the 
same thing. Instead, the premise of Pay-Go, or ``pay as we go'' is 
being replaced by the promise Go-Spend under this majority.
  This delirious pace of government spending goes well beyond what most 
people would consider reasonable, let alone responsible. An 8 percent--
or a $32 billion--increase in 1 year on top of the stimulus package is 
simply unnecessary and unsustainable. Balance is what we should strive 
for, providing enough money to allow the agencies to carry out their 
primary missions and to achieve real results. Our public has grown 
weary of Congress' simply throwing money at every problem in this 
country. Spending fatigue has set in.
  Mr. Speaker, as I commit to working constructively with David Obey 
this year, I encourage the majority leadership to pursue regular order 
that is inclusive of all Members so our work can once again reflect the 
bipartisan voices of this House.
  I reserve the balance of my time.


                             General Leave

  Mr. OBEY. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
to insert tabular and extraneous material on H.R. 1105.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. OBEY. I yield myself 1 minute.
  Mr. Speaker, for the last year and a half, this committee has been 
taking every reasonable action to ensure transparency in the earmarking 
process.
  As an article in today's Roll Call says, ``The disclosure system 
implemented in the 110th Congress now allows for all of these Members' 
earmarks to be located with a simple search of the online version of 
the bill, allowing for more transparency than ever.''
  One aspect of the transparency process is to list the names of every 
Member requesting an earmark. It has come

[[Page 5741]]

to our attention that a small number of earmarks with multiple sponsors 
inadvertently omitted some Members' names--a simple staff error. To 
ensure full and complete transparency, I am entering into the Record 
the additional names that should be attached to those requests. These 
are not new projects. We are simply adding additional Members' names 
who should be listed as sponsors or as cosponsors.

[[Page 5742]]

TH25FE09.001



[[Page 5743]]

TH25FE09.002



[[Page 5744]]


  Mr. OBEY. I reserve the balance of my time.
  Mr. LEWIS of California. Mr. Speaker, I yield 2 minutes to my 
colleague from New Jersey (Mr. Frelinghuysen).
  Mr. FRELINGHUYSEN. Mr. Speaker, I rise in opposition to this omnibus 
appropriations bill for many reasons, not the least of which is that 
this bill adds even more spending on top of the stimulus package that 
we just passed. As ranking member of the subcommittee on energy and 
water, I note that this bill contains just under $34 billion for 
similar accounts over and above those in the $800 billion stimulus.
  However, I do commend our chairman, Mr. Visclosky, for the open and 
participatory manner in which he develops all of our bills.
  Overall, I am pleased about the energy and water portion of this 
package. The spending levels are fairly normal for energy and water 
development, and I know that the chairman has worked hard not to make 
any major policy decisions during the change in administrations. I am 
supportive of his approach with one exception: This has to do with the 
future of our nuclear power program.
  Mr. Speaker, our national security demands that we develop a more 
balanced energy portfolio that reduces our dangerous addiction to oil. 
In years to come, we must have nuclear energy. No other technology 
provides such a clean source of baseload power. Over 20 percent of our 
Nation's energy supply comes from a nuclear source. The funding in this 
omnibus puts the future of American nuclear power in jeopardy. While 
some, including the current House and Senate leadership, may applaud 
this policy decision, I think it is a serious mistake.
  This bill significantly cuts funding to Yucca Mountain, our future 
national depository for nuclear waste. It doesn't cut it all out 
because that would eliminate jobs and local funding support for the 
project that brings help to the State of Nevada. No. The omnibus keeps 
the project on basic life support, but this bill cuts enough so that 
the future of this project is in serious doubt, and it does so without 
proposing any other solutions for nuclear disposal.
  Mr. Speaker, this seems the height of irresponsibility. I recognize 
the process that has led us to the floor of this House this afternoon 
will not allow us to have a real debate on the issue. For this and 
other reasons, I oppose this omnibus.
  Mr. Speaker, I thank the gentleman from California for the time and 
ask consent to revise and extend my remarks.
  Mr. Speaker, I rise in strong opposition to this omnibus 
appropriations bill for many reasons, not the least of which is that 
this measure adds even more spending atop a stimulus package we just 
passed.
  I also want America to know what this bill will soon do to the 
children of Washington, DC.
  In 2003, I worked with the current Minority Leader to establish a 
school voucher pilot program for the District of Columbia schools. 
Since that time, I have been proud to watch that program thrive. 
District school parents like the program because ``they believe their 
children are in safe schools, they appreciate the small class sizes, 
rich curricula and positive change in their sons and daughters.''
  These are not my words. These are the words of the Washington Post in 
an editorial endorsing the DC school voucher program on January 26, 
2008.
  However, tucked deep inside this massive omnibus appropriations bill 
is a provision that terminates this common-sense program.
  My colleagues, every child can learn if given the proper opportunity. 
This program gave children that opportunity. But no more! Parents will 
soon lose educational options for their families and children will once 
again be trapped in underperforming and failing public schools.
  Mr. Speaker, this Congress and this President are about to fail the 
children of the District of Columbia.
  America needs to know that and we should not be tucking this notion 
into the fine print of a massive $400 billion bill.
  I also rise as ranking member of the Subcommittee on Energy and Water 
to note that this bill contains just under $34 billion for similar 
accounts above and beyond the $800 billion ``stimulus.''
  However, I do commend our Chairman--Mr. Visclosky--for the open and 
participatory manner in which he develops our bills.
  Overall, I'm supportive of the Energy and Water portion of this 
package.
  This bill contains another $9.8 billion for the Department's 
stewardship of our nuclear weapon stockpile. This responsibility is 
often overlooked with all the attention on energy issues, but this is 
really a core mandate of the Department.
  There's roughly $6.5 billion appropriated for the Department's 
cleanup responsibilities. Another $6.5 billion is for the water 
projects of the Army Corps of Engineers and the Bureau of Reclamation.
  Of the $33,795,000,000, over $10.7 billion is provided for the 
Department of Energy's science and energy R&D efforts.
  The spending levels are fairly normal for energy and water 
development.
  And I know that the Chairman worked hard not to make any major policy 
changes during the change in Administrations, and I'm supportive of his 
approach with one exception. This has to do with the future of our 
nuclear power program.
  Mr. Speaker, our national security demands that we must develop a 
more balanced energy portfolio that reduces our dangerous addiction to 
imported petroleum.
  In the years to come, we must tap the promise of nuclear energy. No 
other technology provides such a clean source of baseload power. Over 
20% of our energy comes from nuclear power.
  The funding in this Omnibus puts the future of American nuclear power 
in jeopardy. While some--including the current House and Senate 
leadership--may applaud this omission, I think it's a serious mistake.
  This bill significantly cuts funding to Yucca Mountain--our future 
national depository for nuclear waste. It doesn't cut it all out, 
because that would eliminate the jobs and local funding support that 
the project brings to Nevada. No--the Omnibus keeps the project on 
``life support.''
  But this bill cuts enough so that the project is in serious doubt, 
and it does so without proposing any other solution for nuclear 
disposal.
  Mr. Speaker, this seems the height of irresponsibility.
  I recognize that the process that has led us to the floor of this 
House this afternoon will not allow us to have a real debate on this 
very real issue.
  But we must have this debate because it is so critical to our 
economic and national security.
  It's the type of issue that we were elected to solve.
  I urge defeat of the bill.
  Mr. OBEY. I continue to reserve the balance of my time.
  Mr. LEWIS of California. Mr. Speaker, I yield 2 minutes to my 
colleague from Missouri (Mrs. Emerson).
  Mrs. EMERSON. Mr. Speaker, I come to the floor today to speak on the 
Financial Services and General Government section of the omnibus.
  The bill includes $22.7 billion for this subcommittee, which is an 
increase of almost 10 percent above the fiscal year 2008 level. Nearly 
every account in the bill is funded at or above the budget request. If 
you will look closely at this $410 billion legislation, you will see 
most of the bill provides operational funding for government agencies, 
not program funding for grants or other services.
  I am very concerned that this bill focuses on the Federal bureaucracy 
at the expense of the bricks-and-mortar projects we need to fund to 
spark our economy. Even within the areas of spending on infrastructure, 
I harbor concerns.
  One example is the funding provided for the GSA. In the stimulus bill 
just passed by the House last week, GSA received $5.6 billion for the 
construction and alterations of Federal buildings. This bill provides 
GSA with another $1.4 billion for construction and alterations. In the 
last fiscal year, GSA only received a total of $1.4 billion for all of 
these activities. This year, they will receive a total of $7 billion.
  We have all had experience with GSA projects in our districts. Does 
anyone really believe they have the contracting, program management, 
building engineering expertise to effectively manage $7 billion of new 
projects in 1 year?
  I also note that the bill includes language prohibiting new District 
of Columbia students from eligibility for Opportunity Scholarships and 
stating that the program will be terminated after the 2009-2010 school 
year unless the authorization is extended. The Opportunity Scholarship 
Program provides close to 2,000 disadvantaged children the opportunity 
to attend private

[[Page 5745]]

schools in the Nation's capital. All of these students who don't have 
the means to pay private tuition beyond the 2009-2010 school year will 
be forced out of the schools they and their parents have chosen. These 
children are from some of the poorest families in the District of 
Columbia. They have average incomes of approximately $23,000 per year.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. LEWIS of California. I yield to the gentlewoman an additional 30 
seconds.
  Mrs. EMERSON. Mayor Fenty and Chancellor Rhee are to be commended for 
their heroic reform efforts. However, the D.C. public school system is 
still the only place in the country where I, personally, support school 
vouchers. D.C. is still struggling to improve student achievement and 
to address school violence. Now isn't the time to limit academic choice 
for D.C.'s poorest families. I look forward to working with Chairman 
Serrano during the coming year to ensure that the families in the 
District of Columbia have the academic opportunities they need.
  Mr. OBEY. I yield 1 minute to the distinguished gentleman from 
Indiana (Mr. Visclosky).
  Mr. VISCLOSKY. I just want to respond very briefly to my colleague 
from New Jersey (Mr. Frelinghuysen), who is our ranking member.
  I appreciate your kind words. Certainly, as we head forward to 2010, 
I look forward to the continued bipartisanship that we have enjoyed on 
the subcommittee both at a member and at a staff level.
  I simply want to address Members of the House to share my concern 
with the ranking member about the final number relative to the Yucca 
Mountain depository as far as nuclear waste. I would point out that, in 
fiscal year 2008, $286 million was provided for that project. I would 
point out that the House mark for this project was $60 million higher. 
We were at $247 million. Unfortunately, a compromise was obviously 
involved here. The figure ultimately ended up at $145 million. I am not 
happy with it. The gentleman expressed his unhappiness.
  Certainly, I want to continue to work--looking at all of these 
nuclear accounts and as a supporter of nuclear as part of the solution 
to our energy problem and climate problem--to make sure that this is 
not untoward as far as the continued progress of the industry. So I do 
appreciate and share the gentleman's concern.
  Mr. LEWIS of California. Mr. Speaker, I yield 2 minutes to the 
gentleman from Georgia (Mr. Kingston).
  Mr. KINGSTON. Mr. Speaker, last year, the American taxpayer got on 
the hook for a whole series of bailouts to huge corporations and prop-
ups for quasi-governmental organizations and hundreds of billions in 
stimulus programs. It reminds me of a layer cake, a seven-layer cake.
  When I was growing up in Athens, Georgia, I went to Alps Road 
Elementary School. On the way home every day, when I would walk home, I 
would pass the Beachwood Bakery. Sometimes they'd put a big layer cake 
in the front window. A layer cake was so cool because it would have 
chocolate and then a layer of vanilla and a layer of almond cake, and 
it was all this delicious stuff, but it was interesting because one was 
stacked on top of the other. That's what we're seeing in the Pelosi 
deficit Congress:
  Last year, a $29 billion for Bear Stearns bailout in March; $168 
billion in May for a bailout; $200 billion in July for Fannie Mae; $700 
billion in October; $85 billion for AIG in September; then this year, 
$790 billion for a stimulus package. Well, you would think that some of 
that would be coordinated with last year's appropriations bill which 
we're about to pass, but instead, it is all layered, just like that 
cake.
  If you look at this bill, there is a 13 percent increase for 
agriculture spending, 11 percent for congressional spending, 13 percent 
for transportation, and 11 percent for Commerce, State and Justice. 
Now, that sounds okay. It's a little bit out of whack with what the 
American family is going through, so that's bad. Then when you realize 
that this is not coordinated with the stimulus bill of $790 billion, 
which we just passed, if you look at that, then agriculture is actually 
up 45 percent; Commerce, State and Justice are up 41 percent; labor 91 
percent; transportation 139 percent.
  Overall, these accounts in these seven appropriations bills have gone 
up 80 percent when combined with the stimulus package, and the stimulus 
package in these areas is not something that is going to be hardcore 
job creation. There is not enough public works to it.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. LEWIS of California. I yield to the gentleman an additional 30 
seconds.
  Mr. KINGSTON. So here we are at a time when American families are 
worried about being laid off. They have seen their retirement accounts 
shrink to nothing. Many have been laid off. Many have had foreclosures. 
It is time for Congress to tighten its belt. Yet, with the passage of 
this bill and of last week's bill, we're looking at an 80 percent 
increase in these particular areas of the budget.
  I believe the proper vote today is to vote ``no.'' Send this back to 
committee. Actually let Republican members look at the bill, and try to 
redraft something that is better. Let's work together for a better 
piece of legislation.
  Mr. OBEY. I yield 1 minute to the distinguished gentleman from New 
York (Mr. Serrano).
  Mr. SERRANO. Just for clarification to the gentlewoman (Mrs. 
Emerson), the D.C. School Vouchers Program will remain in effect. It 
has been funded this year for $14 million. It remains in effect until 
June of 2010. It will then be up to the authorizing committee to speak 
to our committee as to what they want to do. It will also be up to the 
D.C. Government to tell us if they wish to continue the program. The 
program stays in effect until next June, and I think that will give us 
ample time to find out how everyone feels about the continuation of the 
program.
  Mr. Speaker, I'd like to thank Chairman Obey for yielding time so I 
can comment on the Financial Services and General Government portion of 
this bill. I'd also like to thank him for the hard work he has put into 
bringing this bill to the floor.
  The Financial Services and General Government section of this bill 
provides important funding to ensure that the Federal Government is 
more responsive to the needs of the people, and increases resources to 
ensure the agencies under this section have increased resources to 
perform important oversight roles over the operation of our banks and 
of Wall Street.
  The bill provides $22.7 billion in discretionary appropriations for 
programs within the Department of the Treasury, the Executive Office of 
the President, the Federal Judiciary, the District of Columbia, the 
General Services Administration, the Small Business Administration, and 
several smaller agencies. This bill directs funding to programs in 
these agencies where we believe money will be well spent and will 
benefit, for example, disadvantaged communities and small businesses.
  The bill also directs funding toward agencies that have important 
roles in our efforts to promote economic recovery. The American 
Recovery and Reinvestment Act included nearly $6.9 billion for agencies 
in the Financial Services bill, including the Treasury Department, the 
General Services Administration, and the Small Business Administration. 
The bill we are considering today will provide these agencies with 
funding to enable them to fully implement important recovery 
activities, such as support to small businesses and making our Federal 
buildings and vehicles more energy efficient.
  I also want to highlight briefly four important themes in the 
Financial Services bill--financial sector oversight, consumer 
protection, small business development, and election administration 
improvements.
  With respect to financial sector oversight, the bill provides funding 
increases over last year's level and the previous administration's 
requests for Treasury's Departmental Offices, information systems, and 
Inspector General. While this bill doesn't directly fund the Troubled 
Asset Relief Program, or TARP, it funds the Office of the Secretary and 
other executive leadership offices at Treasury that have central 
responsibility in making policy decisions on TARP. These funds will 
help ensure that the remaining TARP money will be distributed in an 
open and fair manner.

[[Page 5746]]

  Mr. Speaker, I also want the House to know that we have increased the 
budget for the Securities and Exchange Commission. This bill includes a 
$37 million increase over the FY 2008 level, and is above the funding 
recommendations of both the House and Senate Appropriations Committees. 
This is just a down payment toward restoring the ability of the SEC to 
vigorously oversee the financial markets, enforce securities law, and 
protect investors.
  If I might take a moment to look ahead, this subcommittee will be 
taking a hard look at those agencies that failed in their duty to 
protect our economy. Although they are under new leadership now, we 
will have important questions for them in how they conducted 
themselves, and what resources and changes are needed to ensure such a 
crisis does not occur again in the future.
  Regarding consumer protection, the Consumer Product Safety Commission 
would receive $25.4 million above the FY 2008 level. These extra funds 
will be used to continue the effort we started in the last Congress to 
restore the Commission's ability to keep unsafe products, including 
unsafe imported products, out of the marketplace. Money is also 
available in the bill for the Commission to improve the safety of pools 
and spas to prevent tragedies involving child drowning.
  Consumer protection is also important with respect to financial 
products such as mortgages and consumer loans. My subcommittee held a 
hearing last year that examined the problems relating to the subprime 
mortgage market and what the Treasury Department and the Federal Trade 
Commission could do to address this situation. Treasury's Community 
Development Financial Institutions Fund, which will receive $107 
million in this bill, or $78.4 million above the previous 
administration's request, helps to expand the availability of credit, 
capital and financial services to underserved communities throughout 
the nation, including those particularly hard hit by the credit crisis. 
The Federal Trade Commission will also receive increased funding for 
investigation and enforcement in the financial services area, including 
subprime lending investigations.
  This bill also does a great deal to support small businesses by 
including $612 million for the Small Business Administration. This 
includes $110 million for Small Business Development Centers, which is 
$13 million over the FY 2008 level. We also provide $22.5 million for 
microloans and technical assistance to the smallest companies.
  In addition, the bill funds SBA programs that target disadvantaged 
and low-income communities and entrepreneurs, including the HUBZone 
program, the PRIME program, and the 7(j) program.
  The fourth important theme is improving election administration. The 
Election Assistance Commission is a small agency that works on issues 
that are extraordinarily essential to the Nation and to voters' 
confidence that their votes are counted accurately. This bill includes 
$100 million for payments to States to help them meet the requirements 
of the Help America Vote Act of 2002, as well as additional funding for 
research and testing of voting systems. This funding will help ensure 
that elections are fair, accessible, and accurate.
  Mr. Speaker, the Financial Services section of this bill also 
includes a number of policy provisions that will address some ongoing 
congressional concerns.
  It includes, for example, a moratorium on new competitive sourcing--
also known as A-76--activities. The provision halts the previous 
administration's controversial and detrimental Federal workforce 
program so that the new Administration can consider and implement its 
own workforce policies.
  The bill also contains a provision to prohibit funds from being used 
in support of the IRS private debt collection program. Under this very 
misguided and wasteful program, the IRS allows private contractors to 
collect unpaid taxes and to keep up to 24 percent of the tax revenue 
they bring in. This program should be terminated, and the prohibition 
on funds will help ensure that the IRS better redirects their resources 
elsewhere.
  The Financial Services section also includes provisions to liberalize 
travel to Cuba for Americans who have family members living in that 
nation. There is no reason to place any restrictions on those who 
simply wish to visit their families that are still in Cuba. In 
addition, the bill contains provisions to facilitate trade with Cuba 
relating to agricultural and medical product sales.
  This section of the bill also encourages our Federal Government to 
address an important Federal worker benefit issue that has already been 
successfully dealt with by about 10,000 private sector employers, 
including more than half of the Fortune 500 companies. We have included 
report language that clearly states that, ``OPM should consider taking 
steps to extend health care benefits to Federal employees' domestic 
partners.'' It is past time for our Federal Government to take a lead 
in providing this important employee benefit.
  Mr. Speaker, the Financial Services provisions of this bill include 
many important funding and policy choices that will improve the 
services our government agencies provide to our constituents as they 
pay taxes, purchase products, vote in elections, and start small 
businesses. I urge a yes vote on this bill.
  Mr. LEWIS of California. Mr. Speaker, I yield 1 minute to the 
gentleman from California (Mr. McClintock).

                              {time}  1430

  Mr. McCLINTOCK. I thank the gentleman for yielding.
  Mr. Speaker, when it was announced that Randolph Churchill had been 
hospitalized to remove a benign growth, a rival commented, ``What a 
pity it is to remove the only part of Randolph that isn't malignant.''
  When I look at this bill, I can only remark what a pity it is to 
remove the only part of the Federal education system that actually 
works. Hidden in this mess is a provision that effectively destroys the 
Washington, D.C. Opportunity Scholarship Program. For the last 5 years, 
these vouchers have provided thousands of low-income children with the 
means for their parents to make the very same choice that our First 
Family has made for its children.
  The Washington Post, which is hardly a paragon of conservatism, 
summed it up this way in its editorial today:
  ``Many of the Democrats have never liked vouchers, and it seems they 
won't let fairness or the interests of low-income minority children 
stand in the way of their politics. But it also seems they're too 
ashamed--and with good reason--to admit to what they're doing.''
  Mr. Speaker, this bill represents the biggest expansion of 
discretionary spending since the Carter administration, but it can't 
even continue the one successful education program in the entire 
Federal Government.
  Mr. OBEY. Mr. Speaker, I reserve my time.
  Mr. LEWIS of California. I yield myself such time as I may consume.
  Mr. Speaker and my colleagues, I don't remember a time in the years 
that I've been in Congress that I've used a chart. I hope you can see 
this, but I can't see it very well.
  Charts are interesting things. The most interesting part of them is 
that the numbers change all the time. But I thought it would be very 
appropriate to follow on to the comments that Mr. Kingston had made.
  This package before us is a reflection of what has to be the worst 
possible year for the Congress in terms of their willingness to just 
throw the people's money at almost any problem around as though that is 
the solution.
  I've described this as the first--hopefully the only--trillion 
dollar-plus discretionary budget in the history of the Congress. 
Indeed, in every category of spending--the 08 year, the 09 year, adding 
on to it the omnibus package, the $800 billion package that just 
passed--we have radically increased and adjusted that which will be 
going on in government not just in the fiscal year ahead of us, but 
setting a new stage for spending that I believe could lead to 
destroying the dollar as we know it.
  If you just look at these categories. Here's in the area that has to 
do with energy and water. In that package, we have approximately--if I 
can read this thing properly--$30.9 billion in 08. In the 09 year, 
combined with the omnibus, that package goes up to $77.6 billion. That 
is a 151-percent increase in spending in this category of national 
funding, 08 to 09.
  Most outrageous is the subcommittee that is chaired by the chairman 
of our full committee, my colleague and friend from beautiful downtown 
Wisconsin. In the 08 fiscal year, the Labor, Health and Human Services 
bill spent $144.8 billion. That's not trillion or million. It's billion 
dollars.
  When you combine both the 09 spending year with the omnibus, the 
total in these categories of spending runs to $276.6 billion; a 91 
percent increase over the 08 year. Think about that. A 91 percent 
increase in the largest discretionary package in all of our spending 
outside of national defense. Absolutely, it's clear to anybody who 
could think about it.

[[Page 5747]]

  We're raising the bar, the foundation point for spending across the 
board in the Federal Government; and as we do so, we put pressure on 
spending across the board every year subsequent to the 09 year.
  So year in, year out, we're going to be breaking the bank by way of 
additional spending.
  If the public is concerned about its Federal Government--especially 
the tax-paying public who are legitimately working for a living--if 
they're worried about it, they will take a look at this chart. We'll be 
glad to make it available. It's time that we got a handle on just 
throwing money or mud at the wall--taxpayers' money, if you will.
  This trillion-dollar package is a reflection of the Congress not 
doing its work. I come to the well with this chart simply to urge 
everybody who is listening to recognize that it's time that we send a 
message to the people's House: Enough is enough. We've got to get a 
handle on this or we're going to destroy our economy.
  Indeed, the Appropriations Committee has stopped doing its work by 
way of regular order, that is, having hearings in the subcommittee, 
hearings in the full committee, coming here and having open rules. 
Instead, we're passing trillion-dollar packages with no input from the 
Members of the people's House, thereby no input for the citizens out 
there who pay our bill in the first place.
  With that, Mr. Speaker and my colleagues, I strongly urge a ``no'' 
vote on this package and urge you to help us make sense out of the way 
the system is working.
  Mr. Speaker, may I ask how much time there is on both sides.
  The SPEAKER pro tempore. The gentleman from California has 12\1/2\ 
minutes remaining. The gentleman from Wisconsin has 27 minutes 
remaining.
  Mr. OBEY. Mr. Speaker, I yield 1 minute to the distinguished 
gentleman from Indiana (Mr. Visclosky).
  Mr. VISCLOSKY. Mr. Speaker, I appreciate the recognition, and because 
the energy and water portion of the omnibus package was mentioned, I 
would point out to my colleagues that we know how to say ``no,'' to say 
``no'' for the right reason: for policy, as well as to save the 
taxpayers of this country money.
  The previous administration asked for $205 million to expand the 
Strategic Petroleum Reserve. That would essentially, at a time of high 
gas prices, put the Federal Government in competition with the 
consumer. That was a bad idea. The subcommittee and full committee said 
``no,'' and we have saved the taxpayers $205 million in this bill.
  The previous administration asked for moneys for the so-called Global 
Nuclear Energy Partnership Act. That was zeroed out in this bill. There 
were not huge, vast sums of money involved, but there were taxpayers' 
dollars that were saved and particularly in the out years because we 
did not go down that road.
  The previous administration wanted to proceed as far as the 
examination of a reliable replacement warhead absent a new nuclear 
strategy post-Cold War. It was not a good idea. We eliminated that 
money, and we saved the taxpayers of this Nation a great sum of money.
  Mr. LEWIS of California. Mr. Speaker, I yield 1 minute to the 
gentleman from New York (Mr. Lee).
  Mr. LEE of New York. Mr. Speaker, I rise to oppose this spending 
bill, and I do so in the same Chamber as last night the President spoke 
on an issue of fiscal responsibility.
  But now this Congress is about to pass another major spending bill, 
and when you look at the numbers, it's simply an embarrassment. This is 
on the heels of the largest spending bill in the United States' history 
being passed less than 2 weeks ago. This thousand-page bill is $410 
billion; nearly 9,500 earmarks--or almost 25 per Member of Congress. 
The largest 1-year increase in discretionary spending since the Carter 
administration. On top of that, this bill doubles up on spending in 
many areas already allocated through the stimulus package.
  The one number I keep coming back to is $11.5 trillion dollars. 
That's how high the nonpartisan Congressional Budget Office says the 
budget deficit will rise over the next decade under the spending 
programs enacted by this Congress. That's nearly 3\1/2\ times the 
cumulative budget deficit for the previous administration.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. LEWIS of California. I yield the gentleman an additional 30 
seconds.
  Mr. LEE of New York. More of the same irresponsible spending will not 
engineer western New York's economy from recovery or create jobs over 
the long term. Mortgaging our children's future will only drive us 
deeper into this ditch.
  It's time to change the course here in Washington. Washington has to 
start doing more with less.
  Mr. OBEY. Mr. Speaker, I continue to reserve my time.
  Mr. LEWIS of California. Mr. Speaker, I yield 3 minutes to the 
gentleman from Indiana (Mr. Pence).
  Mr. PENCE. Mr. Speaker, I rise in opposition to the Omnibus 
Appropriations Act for fiscal year 2009. During these challenging 
economic times, American families and small businesses every day are 
making sacrifices to make ends meet, and this Congress should be doing 
the same.
  With all of the talk about fiscal responsibility in this Chamber last 
night and across Capitol Hill, it is time for our Democratic colleagues 
to put our money where their mouth is. Republicans are willing to come 
together and work across the aisle and make the hard choices necessary 
to put our fiscal house in order. But today, instead of doing that, 
we're passing one more massive government spending bill.
  The Republicans believe Congress, instead, should immediately freeze 
all Federal spending at existing levels. No 8 percent increase in the 
Federal budget that's included in this bill. No earmarks. Let's just do 
what every American family is doing right now. Let's find the savings, 
let's hold the line on expenses, and let's make it through these 
difficult times.
  The $410 billion spending bill that we're considering today that the 
majority has brought to the floor includes billions in wasteful 
spending, thousands of pork-barrel projects, and an 8 percent increase 
in funding for government programs. It's the largest increase in 
discretionary spending since the years of the Carter administration, 
with the sole exception of the days following 9/11. The largest 
increase in discretionary spending in a single year since the time I 
was in high school.
  And there's provisions in this bill that undermine historic pro-life 
safeguards enshrined in our long-standing policy and law: $500 million 
for family planning organizations, language that guts the Kemp-Kasten 
provision preventing funding going to organizations that support 
coercive abortion and forced sterilization, and reduction of funding 
for community-based abstinence.
  And it's earmarking as usual in this bill. There's $1 million to 
research the red snapper in Florida, $1.9 million for the Pleasure 
Beach Water Taxi project in Connecticut, and $2 million for promoting 
astronomy in Hawaii. I ask, Mr. Speaker, are these projects really 
necessary in these challenging economic times?
  House Republicans and millions of Americans are saying enough is 
enough. Let's do what every American family, what every small business 
and family farmer is doing in these difficult times: let's hold the 
line on spending. Let's set aside this massive new omnibus spending 
bill, and let's pass immediately a spending freeze and begin the 
process of putting our house in order.
  Let's say ``no'' to an 8 percent increase in federal spending, ``no'' 
to 9,000 earmarks, and let's say ``yes'' to fiscal discipline and 
reform, and let's say ``yes'' to an immediate freeze on all Federal 
spending.
  This Congress should do no less and make no less sacrifice than every 
other American family is making in these difficult days.
  I urge a ``no'' vote on the omnibus spending bill.
  Mr. OBEY. Mr. Speaker, I yield 1 minute to the distinguished 
gentleman from Massachusetts (Mr. Olver).

[[Page 5748]]


  Mr. OLVER. I thank the gentleman for yielding.
  Mr. Speaker, I think I heard the immediate previous speaker say that 
we should freeze all expenditure at the 08 level. Well, speaker after 
speaker from the other side of the aisle have said--from what they've 
said it would seem to me they are in complete denial, utter denial, of 
where we are and why we got here.
  The fact that we have had a recession. We've been in a recession for 
at least, now, into the fifth quarter. All of that being in the budget 
year of 08, fiscal 08, and then part of 09 when we did part of our 
budget under the previous President.
  We, in that period of time, have ended up losing more than 3 million 
jobs in the 08 calendar year. We're still going to lose more jobs. 
We're still in recession, clearly in recession. And we have also been 
suffering from a foreclosure crisis where we've lost more than 3 
million homes to foreclosure.

                              {time}  1445

  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. OBEY. I yield an additional minute.
  Mr. OLVER. What that totals to is of course there is more expenditure 
when you are talking about trying to get out of a recession and a 
foreclosure crisis--which every economist, reputable economist, at 
least, that we've heard from on either side of the aisle says that the 
kind of recovery package that we have passed only 2 weeks ago was 
important to be able to put a bottom under this recession, under the 
foreclosure crisis, and such. The foreclosure crisis caused by total 
lack of any kind of regulation of the financial industry has occurred 
under their watch.
  So here we are, we have a recovery package which actually does 
increase the expenditure over what would be the normal expenditure in a 
given year. Our regular budget that we're passing is only the regular 
budget. The stimulus package is above that, and it needs to be above 
that. And they've got to stop being in denial of how we got there and 
why we're having to do this.
  Mr. LEWIS of California. Mr. Speaker, I yield 2 minutes to the 
gentleman from North Carolina (Mr. McHenry).
  Mr. McHENRY. I thank the ranking member for yielding. And I thank you 
for the opportunity, Mr. Speaker, to be here today and to talk about 
this important measure on the House floor.
  Our President came before us last night and called for a new 
foundation of lasting prosperity. And I agree, that's what we must have 
in these tough economic times. We have to come together and work across 
party lines to make that happen. Unfortunately, the spending bill on 
the House floor today goes in the opposite direction. There is nothing 
new about this foundation that they're offering, and there is nothing 
lasting in terms of prosperity that will be produced from this 
legislation.
  This is the largest increase in government spending since President 
Jimmy Carter and the malaise days of the 1970s. It was the wrong 
approach then and it is the wrong approach now. I think we need to work 
together to find a real solution.
  President Obama called last night for us to make the hard choices to 
bring down the debt. Well, if that's the case, there were no hard 
choices in this legislation before us today because it doesn't bring 
down the debt--in fact, it increases it at a rapid pace.
  In the last 3 weeks, this Congress will have passed almost $1.5 
trillion worth of spending. It's dangerous. It's dangerous because it 
will lead to high inflation, it's dangerous because it crowds out 
private capital, it's dangerous because it hurts our long-term 
prosperity and our hopes for the future.
  The American people deserve better. And that's why I encourage my 
colleagues to vote against this legislation. America can do better, and 
the American people deserve much better than this wild-eyed spending 
bill we have before us today.
  Mr. OBEY. Mr. Speaker, I yield 1 minute to the distinguished 
gentlewoman from Connecticut.
  Ms. DeLAURO. Mr. Speaker, with this bill today we are fulfilling our 
responsibility as representatives of the people to fund critical 
programs and to invest in a framework for job creation.
  We all know why we are here. The previous administration refused to 
compromise and work toward a sensible approach. While advocating for 
billions upon billions of dollars to save Wall Street, the Bush 
administration blocked every new penny for Main Street, critical 
dollars for energy research, health care, education, law enforcement 
and biomedical research. We have rejected those devastating cuts, and 
so today we have a final package that will keep the government running 
and finish last year's business.
  It should also be clear that this bill works in harmony with the 
economic recovery package, making investments that address the 
country's immediate needs while investing in our long-term economic 
strength.
  While Republicans express outrage on the floor of this House, the 
fact is that this bill is a product of bipartisan, bicameral 
negotiations. Every funding decision in this funding bill was made with 
Republican staff in the room and with their collaboration.
  This bill represents a real commitment to getting our economy back on 
track, and I urge my colleagues to support it.
  Mr. LEWIS of California. Mr. Speaker, may I inquire as to the time 
remaining on each side?
  The SPEAKER pro tempore. The gentleman from California has 6 minutes 
remaining and the gentleman from Wisconsin has 23 minutes remaining.
  Mr. LEWIS of California. Mr. Speaker, I yield 1 minute to the 
gentleman from Ohio (Mr. Boehner).
  Mr. BOEHNER. Let me thank my colleague from California for yielding.
  And I think all of my colleagues know that American families and 
small businesses are struggling, they're tightening their belt. And 
what are we doing here? We're bringing nine appropriation bills to the 
floor all wrapped into one big bill, 8 percent over the amount spent 
last year, including some 9,000 earmarks. I just think this is out of 
control.
  This is exactly what the American people want us to change. And after 
spending all kinds of unnecessary money in the so-called ``stimulus'' 
bill, now we see these big increases in the bill before us. And that's 
why my Republican colleagues and I suggested that we ought to have a 
spending freeze. Let's just freeze spending for these agencies at last 
year's level. But our request for an amendment to have such a debate 
and vote was denied, and so here we are in a position of having to 
oppose this bill.
  One of the more hideous provisions in this bill is the effort to 
eliminate the District of Columbia Scholarship Program. Back when I was 
chairman of the Education and Workforce Committee, I worked on a 
bipartisan basis to help establish this program, and in the agreement 
that was reached, provided additional money to D.C. schools for IDEA 
and for title 1 in exchange for a $15 million program to help our 
poorest students here in the District of Columbia who are trapped in 
some of the worst schools.
  Now, this program has helped thousands of students here in the 
District of Columbia. I was at a school on Monday that has students 
there who receive money from the D.C. Scholarship Program. Their 
parents are engaged in their schools, their parents like their schools, 
and the kids are doing well. And yet, because this provision was never 
debated in committee, it was never debated in subcommittee, and we 
didn't see it until 2 days ago and somehow it showed up in this bill, 
would seek to make clear that the end of this program is going to occur 
at the end of this school year.
  Mr. Speaker and my colleagues, most of you know that I have a real 
passion for making sure that all kids in America have a chance at a 
decent education. None of us would be here if we had not had a chance 
at a decent education. And we know some of the worst schools in America 
are actually right here in the District of Columbia. And for those 
parents who have taken advantage of this program and allowed their 
children to go to real schools,

[[Page 5749]]

schools where they're cared for, schools where they get an education, 
to suggest that we ought to eliminate this program is an abomination. I 
am adamantly opposed to this provision and opposed to this bill, and 
would urge my colleagues to send a loud and clear message that we 
should vote ``no.''
  The President campaigned against this type of legislation, this 
number of earmarks. And I would hope that the President would veto this 
bill because Republicans in Congress will be here to uphold his veto of 
this piece of legislation.
  Mr. OBEY. Mr. Speaker, I yield 1 minute to the distinguished 
gentlewoman from Florida.
  Ms. WASSERMAN SCHULTZ. I thank the gentleman.
  I rise in support of this important piece of legislation and suggest 
that our good friends on the other side of the aisle are either 
suffering from some state of amnesia or maybe stuck in an alternative 
universe because it's pretty clear that the American people are 
suffering, that we are living through the worst economic crisis in 
almost any of our lifetimes. I don't know that there's anybody who is a 
Member of this Congress today that lived through the Great Depression, 
but there is an unprecedented crisis that the spending and 
appropriations in this legislation will help address beyond the 
important recovery legislation that we passed last week.
  It is critical that we invest in the quality of public education, 
that we make sure that children and the frail elderly have the services 
that they need, that we make sure that we rebuild our infrastructure, 
and that we make sure that we make an important and historic commitment 
to improving the quality of life of all Americans. That's what this 
legislation will do, and I am proud to support it.
  Mr. LEWIS of California. Mr. Speaker, I yield 2 minutes to the 
gentleman from Texas (Mr. Culberson).
  Mr. CULBERSON. I thank the gentleman for yielding.
  And I, as a member of the Appropriations Committee, take a great deal 
of pride in our work. I know that at this time of financial crisis, the 
Nation needs to have confidence that the United States Congress is 
doing its job thoughtfully and deliberatively in a way that is 
transparent and open and responsive to the American taxpayers. But to 
have that confidence in our work, we have simply got to be open and 
transparent.
  And I know that Chairman Obey is a believer in the committee process. 
I know Chairman Obey in his heart wants to do all that he can to open 
up this process and make sure that taxpayers see and hear and 
participate in the drafting of this important legislation. But yet this 
bill before us, this $400 billion spending package, is in so many ways 
representative of the process followed by the leadership of the 
Congress. The $800 billion stimulus bill, which was posted on the 
Internet only 13 hours before the vote, the public cannot have any 
confidence in our work if they can't see and hear and know what we're 
doing. And transparency today in the age of social media is so 
important.
  I cannot support this bill because we, as a public, have not been 
given a right to see it, to participate in its drafting, the committee 
process was not followed as it should have been, and it is spending 
money we do not have. Never before in history have so few spent so much 
money in so little time; over $1.3 trillion has been spent by this new 
Congress in 26 legislative days. We have, in one stroke, in this very 
short span of time, more than doubled the annual spending levels of the 
United States Government with virtually no transparency, no input from 
the public.
  The American people have been shut out from the committee process. 
The deepest, darkest hole in America is the House floor under this new 
leadership, and it's just wrong. It's not right. Let's let the sun 
shine in. Let the public in. Let the taxpayers see how their money is 
being spent. That will give the public more confidence in the process 
and give us, as the minority, a greater ability to support where we 
can.
  Mr. OBEY. Mr. Speaker, I yield 1 minute to the distinguished 
gentleman from Indiana.
  Mr. VISCLOSKY. I appreciate the gentleman yielding, and just a moment 
ago mentioned a number of programs that did not have merit, which we 
said no to. On the other hand, looking at the energy situation we face 
in the United States, it is an economic, a national security, and an 
environmental issue, and we do need to make an investment.
  New technology drives new jobs, markets, and economic opportunity, 
which is why we set $4.8 billion aside for the sciences in the Office 
of Science.
  It is a national security issue, energy is, given where we buy so 
much of our petroleum products from, which is why we decided to invest 
in new vehicle technology to the extent of $273 million so we can get 
more miles per gallon, setting aside the issue of Yucca, investing $792 
million in nuclear energy, and doing extensive biomass research.
  There is an environmental aspect to this as well, and that is why we 
set aside monies for advanced clean energy and technologies to reduce 
the impact of older fossil-based fuels.
  And finally, I would point out, given national security, we have set 
aside $1.5 billion for nuclear nonproliferation programs.
  Mr. LEWIS of California. Mr. Speaker, I yield myself so much time as 
I might consume.
  Mr. Speaker, it's a very unusual circumstance for me to do this, but 
addressing my colleague, the chairman of the full committee, 
personally, let me say that you've heard a lot from me about the fact 
that I am disconcerted about the way we got here, but nonetheless, this 
omnibus process has been a long and difficult one in development. And 
you are to be congratulated for the effort you put into this not only 
recently, but much of last year, and I have every respect for that 
effort.
  But having said that, I was joined by all of my colleagues on both 
sides of the aisle who were in attendance at the President's address 
last evening. President Obama demonstrated to all of us, as well as the 
public, his immense capability as a public communicator. In many, many 
ways he said exactly the kinds of things we need to be discussing with 
each other if we're going to get America back on track.
  President Obama urged all of us to reach out in as much 
bipartisanship, nonpartisanship as possible to make sure that we 
stimulate our economy, create jobs, leading America to a new 
opportunity in the years ahead. Following that, I would have hoped that 
the work of the House would reflect that very spirit; but, indeed, I 
mentioned earlier the omnibus package of some $800 billion that was 
just passed a couple of weeks ago, a bill that went forward with very, 
very little Member input, virtually no subcommittee work within the 
Appropriations Committee, a single hearing within the full committee, 
coming to the floor with no significant possibility of amendment, and 
yet we were literally one more time throwing the people's money in 
suggestion that we would solve problems that way. That was just 2 weeks 
ago.
  And then we came to the President's address just last night. And here 
we are, the day after that, spending another $410 billion by way of 
this omnibus package that absolutely is a reflection of the worst of 
the way the House ought to be working.

                              {time}  1500

  When we take nine bills from last year, put it in a single package, 
having no serious Member input, no subcommittee work, almost no Member 
of the House having an opportunity to provide amendments, et cetera, it 
is the worst reflection of the way this House ought to be working. 
Indeed, if we continue on this pathway, we won't just in the first 
couple of months of this session be spending $1\1/2\ trillion of the 
public's money; we will be setting the stage for undermining our 
economy for the years to come. I'm afraid unless the public gets the 
message clearly enough that they send a clear voice by way of their 
communication with their membership, we won't change this pattern. And, 
indeed, the destiny of the country will be dramatically affected by 
such misdirection.

[[Page 5750]]

  I urge the Members to express their view regarding this by way of 
voting ``no'' on the package before us.
  Mr. Speaker, I yield back the balance of my time.
  Mr. OBEY. Mr. Speaker, I yield 2 minutes to the distinguished 
gentleman from West Virginia.
  Mr. MOLLOHAN. Mr. Speaker, division B of the bill before the House 
today includes appropriations for the Departments of Commerce and 
Justice, the National Aeronautics and Space Administration, the 
National Science Foundation, and other independent and related agencies 
for fiscal year 2009.
  At the outset, Mr. Speaker, I want to thank the former ranking member 
of this subcommittee, Mr. Frelinghuysen, who I think is on the floor 
here this afternoon, for his contribution to this title. Mr. 
Frelinghuysen leaves the subcommittee this year to become the ranking 
member of the Energy and Water Subcommittee. Over the past 2 years, we 
have worked cooperatively together, and I'm very much appreciative of 
his recommendations in crafting this portion of the bill and the 
bipartisan approach he brings to his work generally. While it is with 
disappointment that he leaves our subcommittee, we are equally pleased 
to welcome Congressman Frank Wolf back to the subcommittee. Once its 
chairman, Congressman Wolf returns again this year as our ranking 
member in the 111th Congress. He too has a reputation for 
bipartisanship and the passion he brings to his work. I am pleased to 
welcome him and look forward to working with.
  Division B of the bill provides nearly $57.7 billion for programs of 
the Justice and Commerce Departments, NASA, NSF, and those related 
agencies. This level is an increase of $5.8 billion over comparable 
fiscal year 2008 levels. Programs funded within this division of the 
bill touch and enrich the lives of every American in many varied ways. 
Whether assisting the poor with legal representation; combating crime; 
and deterring terrorism and the scourge of drugs; improving and 
protecting our Nation's oceans, waters, and natural habitats; or 
enabling new discoveries in science here in our Nation's laboratories 
on Earth or in its heavens that lead to improvements in our health, 
this bill covers a broad swath. Mr. Speaker, it is important to note 
that passage of this bill provides basic operating components of all of 
those agencies and does it well.
  In closing, let me acknowledge the work of the staff. They have put 
in long hours to get us here. My thanks to the staff's director, John 
Blazey, for his outstanding performance leading an excellent staff. 
Diana Simpson, Adrienne Simonson, Tracey LaTurner, and Scott Sammis 
have each brought their considerable talents and dedication to the task 
of producing this legislation.
  Mr. Speaker, in particular let me recognize the contributions of 
Marjorie Duske. A new appropriations structure providing discrete 
appropriations for the salaries, expenses, and management of the 
Department of Justice's State and local law enforcement programs shall 
be a testament to her commitment to detail, program analysis, and 
tenacity. Marjorie worked for the House of Representatives for nearly 
18 years, the last 2 of which were on the Subcommittee on Commerce, 
Justice, Science. Marjorie is not here with us today as she has left 
the committee to begin a new opportunity in the upper body, and in a 
way returning a bit closer to her home, she now serves the senior 
Senator from Minnesota. In any event we on the committee wish her 
Godspeed and thank her for her service to the body.
  Mr. OBEY. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, I really hate to take the time, but I do think in light 
of all that's been said that one last time I need to put in context 
what it is we're doing with this bill.
  As I indicated earlier, last year we finished our international 
bills, but we reached an impasse with then President Bush because the 
President insisted that he would only sign appropriation bills that fit 
within his budget recommendations. Those budget recommendations were 
some $20 billion short of what the Congress determined when it passed 
the budget resolution that we needed to provide for those programs. If 
we had simply acquiesced in President Bush's programs, we would have 
cut the Job Corps, we would have eliminated Employment Service grants, 
we would have cut senior jobs by $172 million, we would have eliminated 
vocational education programs, we would have eliminated three student 
aid programs including the Perkins loan program, we would have funded 
the highway infrastructure at $800 million below the level guaranteed 
in the authorization, we would have cut airport modernization grants by 
22 percent, we would have eliminated Community Service Block Grants, 
and we would have cut Low Income Home Energy Assistance by $570 
million, and we would have cut health care access programs by $1 
billion. As I said many times on this floor, I have never had anybody 
come up to me at home and say, ``Obey, why don't you guys in Congress 
get your act together and cut cancer research?'' And yet that's what 
the previous President and the previous Republican-controlled Congress 
did over a 2-year period. They cut over 900 medical research grants out 
of the National Institutes for Health. We objected to that and said, 
no, we didn't think that ought to happen.
  So we then offered the President a compromise. I called the White 
House budget office, and I said, look, why don't we at least just split 
the difference between these bills so we can get something done on the 
domestic side of the ledger? They said no. At that point we had a 
choice. We could acquiesce in these reductions or we could say, no, 
we're going to bet on the outcome of the election. We did. Mr. Obama 
won. We now have a White House which is firm in its beliefs but also 
one that recognizes that people have to compromise to get things done.
  This is now a compromise package brought to the House. This has been 
worked out at the staff level between Republicans and Democrats alike 
in both the Senate and the House. And the Senate minority leader, 
Senator McConnell, while I suspect he will vote against this package, 
urged us to take it up 3 weeks ago because he indicated it had been 
fully vetted by both sides, by both parties, and he said in his 
estimate he thought it would pass with an overwhelming vote. We shall 
see.
  But I want to explain two other things about this bill, what this 
bill really does. And it's been suggested that this bill is not at all 
coordinated with the stimulus package we passed last week. Absolutely 
false. This omnibus bill does two things: It provides base funding for 
the programs funded in the Recovery Act without which those additional 
recovery funds would not be useful. Example: the Social Security 
Administration. While the Recovery Act provides $1 billion to the 
Social Security Administration to replace its computer center and to 
process increased disability retirement requests, this bill provides 
$10.5 billion for Social Security operating budgets. It doesn't do any 
good to have a computer center if you don't have an operating budget. 
This bill provides the other half of the funding that's needed to make 
our promises on Pell grants to students around the country a reality.
  The recovery bill in the area of highways provided $27.5 billion for 
additional highway construction. This bill provides $40.7 billion to 
improve and repair our Nation's aging highway infrastructure. The 
recovery bill was built with this package in mind.
  The second thing this bill does is to provide basic funding for all 
kinds of programs that were not increased by the recovery package. 
Three-quarters of the accounts in the Federal Government did not 
receive an additional dime in that recovery package. This bill takes 
care of the base funding for those programs.
  Now, we hear some concerns expressed from the other side of the aisle 
about the number of earmarks in the bill. Give me a break. The last 
time that our party controlled the House of Representatives, we had, 
for instance, in the Labor-Health-Education appropriation bill, 
depending upon how you define them, either zero earmarks or

[[Page 5751]]

nine. When the Republicans lost control of the Congress, they were 
providing over three thousand earmarks in that subcommittee bill. 
That's the story, I mean as a practical matter. The other side didn't 
just let the cat out of the bag when it came to earmarks; they let out 
the whole blessed zoo. So now we have tried to reform that process, at 
the same time being respectful for Congress's right to determine how 
funding is directed in the budget. So we have a good many earmarks in 
this bill. Those earmarks represent congressional decisions about where 
dollars ought to be spent.
  I would point out virtually every agency Secretary has far more in 
discretionary funds than the Congress has to distribute in earmarks. In 
fact, virtually every dollar in Secretary discretionary funds is 
nothing but funds that are reserved for administration earmarks or the 
functional equivalent thereof.
  Mr. LEWIS of California. Will the gentleman yield?
  Mr. OBEY. I would be happy to yield to the gentleman.
  Mr. LEWIS of California. The point that the chairman is making is a 
very, very important point. We do have a constitutional responsibility 
to spend the people's money by way of appropriations. Over the years 
there has been a tendency to concede all of that authority to an 
administration, Democrat or Republican, and people get up here and 
harangue about our exercising that constitutional charge that we have. 
The chairman is making a very important point. Years and years ago, 
literally every subcommittee chairman, as the chairman said earlier, 
pretty much dictated what went on in the whole budget. There was very 
little individual Member input. And the administration had an exchange 
over time. We ceded so much of our authority, it is very much a time 
for us to begin to reconsider this recent history, and I appreciate the 
point the chairman is making.
  Mr. OBEY. I thank the gentleman.
  Mr. Speaker, I want to make one other point. We have heard a lot of 
concern expressed today on the other side of the aisle about the 
deficits that are being mounted by this bill in conjunction with the 
stimulus bill. Let me point out I have heard seven different times 
Members on that side of the aisle refer to the fact that this is a $400 
billion bill. It is not. It is a $410 billion bill. But $390 billion of 
that represents requests on the part of the Bush administration. So 
let's keep that in perspective.

                              {time}  1515

  Secondly, I really don't want to have to take lectures from those who 
supported the idea that we should borrow $1.2 trillion in order to 
provide tax cuts over the past years, the lion's share of tax cuts 
going to the very wealthiest people in this society. I don't want to 
hear lectures from people who essentially provided what will eventually 
be $2 trillion in costs for the Iraqi war.
  A number of us tried to assure that at least half of the money that 
we provided to Iraq in economic aid would be in the form of loans, 
because Iraq has a lot of oil and sooner or later is going to be a rich 
country and we wanted to see the American taxpayers reimbursed for some 
of the costs of building schools, building roads and all the rest in 
Iraq. No, we couldn't get the votes to do that.
  But now we face a serious problem in our own country, not in Iraq, 
but in our own country. And so, yes, in combination of this bill with 
the stimulus package, or the recovery package, as it's known, there is 
an awful lot of money being spent. I make no apology for that, because 
we are trying to fill what is going to be a $3 trillion hole in the 
economy because of the rising unemployment numbers.
  I want to use this chart for what I hope will be the last time. This 
chart demonstrates what is likely to happen in the economy if we do 
nothing. The red bars indicate what estimates are in the economic 
community, what estimates are of what will happen to unemployment rates 
if we do nothing. These red bars indicate that by the end of next year, 
the economics profession largely expects us to have unemployment around 
11 percent, perhaps even higher. The blue bars represent what we hope 
will happen if the government passes a $750 billion economic recovery 
package.
  As you can see, unemployment, even under that scenario, is expected 
to rise through the remainder of this year before it begins to turn 
down next year. What we have tried to do is simply shave off the worst, 
most extreme effects of this recession. That's what we have tried to do 
with the stimulus package.
  So what we have really had here today is a regurgitation of the 
debate that occurred 2 weeks ago on that stimulus package. But the fact 
is that if you take that stimulus package and add it to this package 
today, you are still only talking about a package of $1.2 trillion to 
counter what is supposed to be a $3 trillion hole. I would submit that 
it is very easy to imagine that we will, in fact, be back here asking 
for even more by way of countercyclical funding to counter the deep 
slide that we see in our recession.
  Poll after poll demonstrates that you have close to 70 percent of the 
American people who agree with what President Obama is trying to do in 
passing the package to produce this moderating effect on what will 
otherwise be the most serious recession since the thirties.
  So I make no apology for the fact that instead of providing billions 
of dollars for economic recovery in Iraq, we are not trying to provide 
a good amount of money to provide economic recovery here at home. I 
thought that's what our job was, to primarily concentrate on the needs 
on the home front.
  I would point out one other thing in closing. For all of us who have 
talked and told our constituents that at a time of extreme economic 
distress at home, Members of Congress should not be getting a pay raise 
next year, if you want to assure that that, in fact, happens and that 
we deny that pay raise for the coming year, then you must vote ``yes'' 
on this bill, because without this bill you do not have the limiting 
language that was inserted in this bill by the rule that was passed 
earlier today.
  With that, I would urge an ``aye'' vote.
  Mr. REYES. Mr. Speaker, I rise today in support of H.R. 1105, the FY 
2009 Omnibus Appropriations Act.
  I support this omnibus package because it rejects the harmful cuts 
that former President Bush insisted on in his budget. Instead, this 
bill provides and restores critical funding in areas such as energy 
research, healthcare, education, law enforcement, and biomedical 
research. As a proponent of the recently enacted economic recovery 
bill, I support this omnibus because its passage is necessary in order 
to allow the stimulus plan to work.
  In light of our nation's current economic downturn, I am pleased that 
Members of Congress will not receive an automatic cost-of-living 
increase scheduled for FY2010. In these difficult economic times, 
Members should forgo a cost-of-living increase.
  Last night, in his address to a Joint Session of Congress, President 
Obama emphasized his commitment to create or save 3.5 million new jobs 
in this country. The omnibus bill addresses this pledge by providing 
$3.6 billion for job training programs. I believe that job training is 
critical to help workers receive the necessary skills training they 
need to move into higher paying jobs and provide for their families.
  But that is not all. In terms of education, I am particularly pleased 
that the omnibus bill takes a comprehensive approach to education. The 
bill provides $7.1 billion for Head Start; $15.8 billion for Title-I 
programs serving the most disadvantaged students in our country; and a 
much needed $19.2 billion for federal student financial aid programs 
like the Pell Grant. These funding levels complement President Obama's 
ambitious goal to tackle our nation's drop out rate and have America 
lead the world by the year 2020 with the largest proportion of college 
graduates.
  In my district alone, 20,179 students receive Pell Grants which 
provide students with resources to offset the rising costs of tuition. 
By ensuring funding for these types of investments, we are opening the 
doors of opportunity for all our children.
  I have worked closely with my colleagues to find ways to curtail the 
violence in Mexico and support our southern neighbor. I am pleased that 
this omnibus bill provides $405 million for

[[Page 5752]]

counter-narcotics and law enforcement programs through the Merida 
Initiative. With violence surging in Mexico, President Obama has made 
clear that we will stand with Mexico as the government combats the 
illicit drug and weapons trade, and the Merida Initiative is a critical 
component of this strategic partnership.
  In keeping with the aim of the recovery plan, we must continue to 
reinvest in our transportation infrastructure which has been neglected 
for years. As we transition to a system with a greater focus on energy-
efficiency, the omnibus reaffirms our commitment to bolstering our 
nation's transit systems. The Federal Transit Administration will 
receive funds through this omnibus appropriations bill for grants for 
new buses, stations, intermodal facilities, and technology 
improvements. I know my district in Texas will greatly benefit from 
additional funds to make our transit system more efficient and 
accessible. Our existing national highway systems will also continue to 
be critical, so I am pleased to know funding has been included to 
improve and repair our nation's aging highway infrastructure.
  Recognizing that the current recession will persist, President Obama 
has asked Congress to help our fellow Americans weather these tough 
economic times. Housing authorities and non-profits that provide 
housing assistance across this nation will likely experience a greater 
demand for their services this year. Significant funding in this 
omnibus is dedicated to ensuring low-income families and the most 
vulnerable members of our communities have access to safe, affordable 
housing. For the remainder of the current fiscal year, both the Public 
Housing Capital Fund and the Public Housing Operating Fund will receive 
funding increases so that public housing authorities can make critical 
repairs and improvements to their housing units, improve living 
conditions for their residents, and keep up with maintenance and energy 
costs. During this recession, meeting the housing needs of our low-
income, elderly and disabled community members is critical, and I am 
glad to see just over $1 billion in grants will be available to 
rehabilitate, buy, and build affordable and safe housing.
  The omnibus also increases funding for Section 8 vouchers to continue 
helping over 3 million low-income families and individuals as well as 
provide 14,000 new, targeted vouchers for the disabled and homeless 
veterans during this housing crisis. An additional $75 million will be 
used for 10,000 housing vouchers for homeless veterans, and $1.7 
billion will also be made available in the form of grants so 
communities can provide housing and services for other homeless 
individuals.
  Last night, President Obama made it clear that we will take on health 
care reform this year. We have already made great strides in expanding 
health care coverage for our nation's children through the 
reauthorization of the Children's Health Insurance Program. Through the 
recovery plan, we have taken an important first step in cutting costs 
by investing in electronic medical records as well as research into 
diseases and preventative care. This omnibus appropriation continues 
these investments by providing the National Institutes of Health with 
critical funding to research diseases such as Alzheimer's, cancer, and 
diabetes. Because prevention is increasingly being recognized as 
essential to curbing costs, the Centers for Disease Control and 
Prevention will receive $6.6 billion for public health programs at the 
federal, state, and local levels. Community health centers, like those 
in El Paso, will be able to provide services for an additional 470,000 
uninsured people with the $2.2 billion provided through this bill. We 
also provide funds to state high risk insurance pools so they can help 
people who cannot obtain health insurance in the commercial market 
because they are medically high risk. With the $496 million provided 
for childhood immunization, approximately 15,000 additional children 
will receive the vaccinations they need.
  However, all these worthy programs will need the support of a well-
trained base of providers. In addition to the investment in training 
medical professionals included in the recovery plan, $171 million in 
the omnibus will go to support nurse education programs and $222 
million will support the Health Professions Training program to train 
doctors and other professionals. This funding will go a long way not 
only in ensuring access to services but also quality care
  Mr. Speaker, I urge my colleagues to vote in favor of this omnibus 
bill because it will address our nation's immediate needs as well as 
invest in our long term economic strength.
  Mrs. BACHMANN. Mr. Speaker, last night, President Obama repeatedly 
expressed a desire to pass fiscally responsible legislation, his fear 
of passing a mountain of debt to future generations, and his intention 
to greatly reduce the federal deficit.
  All sentiments with which I couldn't agree more.
  However, only two weeks after passing a $1.1-trillion economic 
``stimulus'' package and a week after presenting a $275-billion plan to 
address less than 8% of American mortgages, Washington Democrats today 
are bringing to the floor an appropriations bill that represents the 
largest discretionary spending increase, aside from legislation after 
the 9/11 terrorist attacks, since the Carter Administration.
  If we look back on the last 19 months, you'll find that the U.S. 
government has pledged more than $11.6 trillion on behalf of American 
taxpayers to dig our nation out of the recession--and that doesn't even 
include the $410 billion we are about to spend in this latest spending 
bill.
  Where is the fiscal responsibility?
  Even more incredulous is the fact that this omnibus appropriations 
bill contains funding for many of the same agencies and programs that 
already received funds in the so-called ``stimulus'' bill--162 programs 
in fact. For instance, it provides $2.9 billion for the 2010 census 
even though $1 billion was already allocated for this project in the 
``stimulus'' package. We also have funding for the National Endowment 
for the Arts, which, fresh off receiving $50 million from the 
``stimulus,'' is now in line to receive $138 million in this latest 
proposal.
  The combined fiscal year 2009 funding for these ``double-dipping'' 
programs is $680 billion--a whopping 80% increase in spending.
  Furthermore, the Democrat majority is once again using a massive 
spending bill to shove sweeping national policy changes through 
Congress without public scrutiny and without proper debate. This bill 
contains language to terminate the District of Columbia's successful 
school voucher program; it eliminates the ``Reading First'' program 
within the Department of Education; and it drastically undercuts 
construction and design funding for Yucca Mountain, a key component to 
any plan that puts America on the path to energy independence. The 
merit of these programs aside, a sweeping spending bill--especially one 
with no opportunity to amend--is not the appropriate place for any of 
these measures to be considered.
  Enough is enough. The American taxpayer is already struggling in this 
weakened economy and it is time Congress started to show respect to the 
American people and stop increasing the weight of their financial 
burdens. The spending spree has to stop now.
  Mr. SKELTON. Mr. Speaker, today, the House is considering H.R. 1105, 
the Fiscal Year 2009 Omnibus Appropriations Act. This legislation will 
complete the fiscal year 2009 appropriations process and keep our 
federal government operating through the end of the fiscal year. Taken 
as a whole, passing H.R. 1105 is good for our country. It invests in 
rural priorities, like agricultural and rural development programs, 
while simultaneously fostering the health, education, and safety of the 
American people.
  While I will support H.R. 1105, I am deeply disappointed that the 
measure includes a provision added by the Senate to authorize a $25 
million study to review the original project purposes of the Missouri 
River as set forth by Congress, by the Missouri River Master Manual, 
and by the federal courts. In my view, authorizing and appropriating 
funds for a new Missouri River study is unwarranted.
  Mrs. LOWEY. Mr. Speaker, I rise today in support of H.R. 1105, the 
Consolidated Appropriations Act and specifically Division H, the State 
and Foreign Operations section.
  Despite unprecedented domestic challenges, the United States cannot 
afford to pull back on our commitments to critical national security 
and development initiatives abroad. This bill provides the 
Administration with funds to begin rebuilding our diplomatic and 
development capacity, restore American leadership and meet critical 
needs by providing: $7.1 billion for global health programs, including 
$5.5 billion for global HIV/AIDS, TB and malaria programs; $1.3 billion 
to address humanitarian emergencies worldwide, including in Gaza; $1.5 
billion to continue basic education, safe water and environment 
initiatives around the world; $4.4 billion in assistance to vital 
allies in the Middle East, including funding for Israel and Egypt at 
levels agreed to in MOUs between the United States and those countries 
and $498 million for Jordan; $1.8 billion to help secure and stabilize 
Afghanistan and Pakistan; $1 billion to fund counternarcotics, law 
enforcement and economic development in Latin America; $1.36 billion in 
economic and security assistance for Africa as well as $3.9 billion to 
fight HIV/AIDS and meet other health needs; and $6.1 billion to hire, 
train, and protect an estimated 500 additional diplomats at the State 
Department and 300 new staff at USAID, and while continuing the 
existing law banning the use of U.S. government funds for

[[Page 5753]]

the provision of abortions, it funds the UN Population Fund, a vital 
partner in health programs around the world.
  I would like to thank our staff for their tireless work. This bill 
will provide President Obama and Secretary Clinton with key resources 
to protect America and improve the lives of millions around the world.
  Mr. CONYERS. Mr. speaker, today I rise in strong support of H.R. 
1105, The Omnibus Appropriations Act of 2009. This important 
legislation stands as a marker stone on the path to a sustainable and 
just economic future. With its passage today, we leave behind the 
bloated budgets of the past, under which the fiscally fortunate and the 
manufacturers of unnecessary Cold War weapons disproportionately 
benefited. With this bill we refocus our priorities with key 
investments in education, energy, health, and housing. At the same 
time, we also set the stage for future budgets, in which this Congress 
and our new President will recommit to pursuing policy priorities that 
will remake our nation as a society that values an environmentally 
sustainable economy, social justice, and opportunity for all.
  The most critical and wise series of investments made in this bill 
are in the area of improving access to health care. As this recession 
deepens, Americans nationwide are losing their healthcare due to no 
fault of their own. In the 31 days between December 2008 and January 
2009, an average of 14,000 people per day lost their health care 
insurance. This legislation will help mitigate this drop in health 
security by providing $2.2 billion to community health clinics, $496 
million will be appropriated for vaccinations for children, and an 
added $15 million above FY 2008 funding will be added to train nurses.
  Mr. Speaker, this new Congress understands that we must invest in 
human capital--our children--if we hope to sustain the economic 
recovery we are embarking upon. H.R. 1105 will ensure that 900,000 
children have access to high quality preschool services by 
appropriating $15 billion for Title I grants to low-income children. 
The bill will also make college more affordable by expanding Pell 
grants to $4,360 per year.
  Working in concert with the President's foreclosure mitigation 
program and my cram-down bankruptcy reform, H.R. 1105 will also offer 
solutions to our housing crisis. It will provide an additional 1.3 
million low-income families Section 8 vouchers. Moreover, $765 million 
will be appropriated to buy, rehabilitate and build housing for low-
income and elderly Americans. Lastly, $3.9 billion is allocated for 
Community Development Block Grants which will fund vital local 
activities such as creating affordable housing, supporting anti-poverty 
programs, and ``right-sizing'' cities like Detroit through vacant 
housing demolition.
  During these tough economic times we must resist the temptation to 
forget the cataclysmic threat posed by global climate change. This 
omnibus bill keeps us on the path to planetary stability with a $375 
million investment dedicated to promoting solar energy and housing 
stock weatherization. To better understand the science behind this 
crisis and keep our research up to date, this bill also includes a $755 
million increase from Fiscal Year 2008 for climate change related 
scientific research. Lastly, $765 million will be used to develop 
energy generation and storage such as fusion energy and advanced 
batteries, so that we can move technology from the test lab to the 
product floor.
  Tomorrow, the President will propose a budget for fiscal year 2010 
that will move the debate on many of the policies embodied in this 
legislation to the next level. Instead of merely covering the serious 
problems our nation faces with band-aid solutions, we will begin to 
consider end-game legislation that will eventually lead to a world 
where health care and global warming no longer threaten our families 
and our way of life. I stand ready to support these efforts, 
acknowledging that enacting lasting change will be a momentous task, 
but also knowing that it is necessary and achievable.
  But that is tomorrow. Today we act to lessen the pain of the moment--
to ease the uncertainly that comes with the opening of a paycheck or 
the arrival of a hospital bill. I encourage my colleagues to support 
this bill so that we can begin to move this country towards fiscal 
recovery.
  Mr. ROGERS of Kentucky. Mr. Speaker, I rise in reluctant opposition 
to this bill. While I'm very grateful for the funding items included 
for my district--items that combat rampant drug abuse, clean up our 
waterways, and promote economic development for the citizens of 
southern and eastern Kentucky--I am compelled to evaluate the whole 
bill before casting my vote.
  Because of the runaway and wasteful spending items, continued abuse 
of the appropriations process for political ends, and misguided policy 
riders, I cannot compromise my core values, and must oppose this 
legislation.
  First, fiscal discipline. There is no evidence of it here. It was 
just two weeks ago that this body passed a bloated, trillion-dollar 
stimulus bill--a wrong-headed piece of legislation that was much more 
of a down payment on a radical, left-leaning agenda, than the true jolt 
our struggling economy actually needed.
  The omnibus legislation before us today is simply the second act, 
funding many of the same wasteful programs as before, with no 
accountability, and represents the largest single increase in domestic 
spending in 30 years. We are putting our children and grandchildren at 
perilous risk--borrowing money we don't have, and plunging our country 
even further into debt. It is not sustainable in the long term, and I 
fear our actions will only worsen the economic situation our country 
currently faces.
  Secondly, this bill was crafted in secrecy, out of public sight, and 
five months behind schedule. The bills being considered today, totaling 
over $410 billion dollars, have never even been considered on the floor 
of this body until today. They have been crafted and negotiated by 
staff under the direction of the Speaker of the House without the 
involvement of the vast majority of Members of Congress. No amendments, 
virtually no debate, and no public scrutiny. This process has been more 
dictative than legislative, with the Speaker holding the megaphone.
  And finally, this bill is littered with questionable policy riders 
that are an affront to the conservative principles and family values 
many of us hold dear. Most alarming to me is the assault on the rights 
of the unborn--the most vulnerable citizens of our society; $545 
million is designated for foreign ``family planning'' clinics, ensuring 
that overseas abortions will be performed with U.S. taxpayer dollars 
for the first time in nearly a decade. Even more egregious, the bill 
reverses long-standing policy, and actually allows U.S. funds to flow 
to foreign organizations that support coercive abortions and 
involuntary sterilizations. These provisions, combined with drastic 
cuts in abstinence education, seem designed to promote an ``abortion 
first'' policy in this country, and I cannot stand idly by and in good 
conscience vote for a piece of legislation that does that.
  Mr. Speaker, it didn't need to be this way. There was ample 
opportunity for bipartisanship and enacting sound fiscal policies 
throughout this process. Instead, we have another flawed bill, crafted 
under a cloak of darkness.
  This body is capable of far better, and I urge Members to oppose this 
bill.
  Mr. POSEY. Mr. Speaker, the Omnibus Appropriations bill before us 
today provides an 8 percent increase for dozens of federal agencies and 
departments. These tens of billions of dollars in additional spending 
are in addition to hundreds of billions of dollars just signed into law 
by the President last week as a part of the ``stimulus'' bill. Taken 
together, this amounts to nearly an 80 percent increase in funding for 
many of the agencies funded in the Omnibus Appropriations bill. Put 
another way, spending for these agencies will increase from $378 
billion in 2008 to nearly $680 billion in 2009. And, all of this 
increase is ``paid for'' with borrowed money that our children and 
grandchildren will have to repay. This amounts to generational theft.
  Simply put, the American worker isn't getting an 8 percent pay 
increase each year much less an 80 percent pay increase, and they 
cannot afford to pay for such expansive government spending.
  Are there good provisions in this bill? Yes. Are the objectionable 
provisions in this bill? Yes. Sadly, no Member of Congress was 
permitted to offer an amendment to this bill, much less a sufficient 
amount of time to actually read the bill. The House leadership, which 
sets the rules of debate, has prohibited any Member of Congress from 
offering a single amendment. No member of Congress is permitted to rise 
and ask that even one of the more than 8,000 earmarks in this bill be 
stricken from the bill.
  In just the past four weeks, this Congress has approved over one and 
one-half trillion dollars in new spending--most of it borrowed money. 
Sadly, not a single amendment has been permitted to be offered. The 
Congress is broken and the American people deserve better. We will 
never get this nation back on track if this Congress continues to 
consider and approve only legislation written in back rooms at the last 
minute by only a handful of leaders in the majority. That's not what 
the American people elected us to do. It is long past due that the 
legislative process be allowed to work and that all Members of this 
Congress be afforded the opportunity to truly represent their 
constituents. True bipartisanship means allowing input from both sides 
not simply take or leave it dictates.

[[Page 5754]]


  Mr. HOYER. Mr. Speaker, today, the House can complete its work on the 
fiscal year 2009 appropriations bills. The omnibus bill we bring to the 
floor today is the result of collaboration between Democrats and 
Republicans, and today, my colleagues on both sides of the aisle can 
vote to fund some of America's most important priorities.
  We are at this point today because President Bush's last budget 
ignored critical investments in our country's future. It shortchanged 
our military families; it shortchanged police departments across 
America; it shortchanged our schools and teachers by $3.3 billion; and 
it shortchanged American workers by cutting job training and worker 
protections--an especially irresponsible step in a deep recession that 
was already underway when that budget was submitted.
  This bill corrects those oversights. This is legislation designed to 
confront an economic crisis and geared to mesh with the job-creating 
recovery legislation we passed this month. It funds worthy programs 
including research on energy technology and efficiency; investments in 
healthcare access and K-12 education; new training for Americans who 
have lost their jobs; and more.
  Mr. Speaker, it would be shameful if the families and public servants 
and scientists and workers on the other side of this bill are 
shortchanged because of a phony pet issue--a pet issue like earmarks. 
Railing against earmarks may be a popular partisan crusade here in 
Washington--but I challenge any Member of this House to go to his or 
her district and ask the people there if the issue of earmarks is more 
important than a good-paying job, more important than quality schools, 
more important than safe communities.
  The truth is that it's Democrats, not Republicans, who have reformed 
the earmark process. We imposed strict accountability and disclosure 
rules on ourselves--so that the public can see how every dime is spent. 
We cut earmarks by more than 40 percent last year, and we've cut them 
again this year. In this bill, we have taken them down to less than 1 
percent of the budget. But if someone wants to stand in the way of 
better schools and healthcare and jobs because they have a problem with 
less than 1 percent--they can be my guest, and then they can explain it 
to their voters.
  The truth is that getting our fiscal house in order--after years of 
Republican neglect--is not about earmarks at all. It is going to take 
hard decisions and hard work. It's the work that began when President 
Obama called a fiscal responsibility summit at the White House, and 
when he spoke to us last night in this chamber, as an adult speaking to 
adults. That is the hard work our country demands, work without 
partisanship or posturing. And for that job, everyone in this chamber 
is needed, and welcome.
  Mrs. MALONEY. Mr. Speaker, I am pleased to support H.R. 1105, the 
FY2009 Omnibus Appropriations Act. The $410 billion omnibus bill 
encompasses nine separate appropriations measures that stalled last 
year when the Bush administration insisted on preserving severe cuts to 
health care, education, law enforcement, and other programs contained 
in its FY 2009 budget proposal. I'm happy that under the Obama 
administration, we will keep the government running and finish last 
year's business.
  While there are many critical provisions in this legislation, I want 
to highlight a few issues that are especially important to me and the 
people of the 14th Congressional District of New York.
  The FY2009 Omnibus Appropriations Act includes $277.7 million in 
federal funding for the Second Avenue Subway and $209.6 million for 
East Side Access. One of my top priorities since I was first elected to 
Congress, the Second Avenue Subway will run from 125th Street to lower 
Manhattan. It will offer a much-needed alternative for commuters and 
will reach underserved neighborhoods on the East Side. East Side Access 
will bring the Long Island Rail Road to Grand Central Terminal, 
carrying approximately 163,000 average weekday boardings.
  The bill also contains $70 million in new funding for federal 9/11 
health programs. The new funding, combined with $112 million carried 
over from previous years, would cover the World Trade Center Health 
Programs' $182 million estimated cost for FY 2009. I thank Mr. Obey for 
including this funding to provide much-needed health care for WTC 
community members and first responders both in New York and across the 
country.
  I am pleased that the legislation also provides a total of $545 
million for international family programs--an increase of more than $80 
million from the 2008 level. Included in this total is $50 million for 
the United Nations Population Fund (UNFPA) and its work to improve 
reproductive health, raise the status of women and improve the quality, 
safety and availability of contraceptives in nearly 150 countries.
  Additionally, I want to thank Chairman Obey and the committee for 
including $151,000,000, the fully authorized amount, for the Debbie 
Smith DNA Backlog Grant Program. I believe that ``The Debbie Smith 
Act'' is one of the most important anti-crime bills that has ever 
passed Congress and been signed into law. Today we take another step 
forward in preventing violence against women by supporting a program 
that helps to put rapists in prison.
  Finally, the bill includes a no-cost, common sense solution that will 
reduce unintended pregnancies by reinstating access to low-cost birth 
control at college health centers and safety net providers. Since 
January 2007, more than 3 million college students and hundreds of 
thousands of low-income women have lost access to affordable birth 
control because of a provision in the 2005 Deficit Reduction act 
which--by all accounts--unintentionally cut off every college and 
university health center and hundreds of safety-net providers from 
access to low-cost drugs. The no-cost fix included in this bill will 
correct this mistake and restore affordable birth control to these 
populations.
  In closing, I want to note that this legislation will work in harmony 
with the economic recovery package that President Obama has already 
signed into law by making investments that address the country's 
immediate needs while investing in our long term economic strength. I'm 
pleased to support H.R. 1105, and I urge my colleagues to do the same.
  Mr. GEORGE MILLER of California. Mr. Speaker, I rise in strong 
support of the Omnibus Appropriations Act.
  The legislation before us today invests in key priorities for our 
country from energy to education, and will help address critical needs 
that were ignored under the previous Administration.
  In addition to the other important work that this Omnibus 
Appropriations Act will do alongside the Recovery Act to make our 
economy stronger, I want to call special attention to the work this 
legislation will do to respond to the serious drought that we face in 
California.
  The bill before us today provides significant funding for the federal 
water reclamation and reuse program administered by the U.S. Bureau of 
Reclamation. That program, known as Title XVI, helps local water 
managers to treat wastewater and use the clean water that results for 
commercial irrigation and industrial processes. Under Title XVI, the 
federal investment in water recycling is matched many times over by 
monies from state and local agencies, so it's not only environmentally 
sustainable, it's cost-effective.
  The Title XVI funding in today's bill builds on the historic 
investment in the program that was contained in the American Recovery 
and Reinvestment Act. I am hopeful that this important program will 
continue to thrive under President Obama and Secretary Salazar.
  In the San Francisco Bay Area, including in Pittsburg in my 
congressional district, water managers have put together a regional 
planning effort to invest in water recycling infrastructure. This bill 
bolsters that regional cooperative effort by providing $8 million for 
the Bay Area Regional Water Recycling Program. On behalf of my 
constituents and the communities around our region, I want to sincerely 
thank Chairman Obey, Chairman Visclosky, Ranking Members Lewis and 
Frelinghuysen, and especially the Committee staff, for their support 
for this important funding. The funds will quickly create and sustain 
jobs, and will provide a reliable water supply for local planners and 
residents.
  I look forward to working with the Bureau of Reclamation to ensure 
that they expeditiously enter into individual agreements with the local 
implementing agencies so that the Bay Area projects are quickly funded 
through the Bay Area Clean Water Agencies or its successor. I also know 
that some of the local water agencies in the Bay Area had to begin 
their projects before this bill was completed so that they did not lose 
their state and local funding matches. It is my understanding that the 
authorized federal funding may be used for reimbursement of 
construction costs already underway and carried out. As the Bureau 
works with the local agencies to disburse the funding in this bill, 
those agreements should provide for reimbursement of the projects' 
construction costs as necessary.
  I strongly support the FY 2009 Omnibus Appropriations Act, and I urge 
my colleagues to do the same.
  Mr. BRADY of Pennsylvania. Mr. Speaker, I rise to express my strong 
support for the provisions of the Omnibus Appropriations Act that 
relate to funding the operations and programs of Legislative Branch. I 
am grateful to my esteemed colleagues on the Legislative Branch

[[Page 5755]]

Subcommittee, particularly the able Chairwoman Ms. Wasserman Schultz, 
for their hard work and diligence on developing a good bill. There are 
five provisions that I am especially pleased with: the increase in the 
Members' Representational Allowance; the increase in Committee Funding; 
employee benefit parity with the Executive Branch; support for the 
Wounded Warrior Program; and the Speaker's Green the Capitol 
initiative. These are crucially important appropriations that need our 
support.
  An increase in the Members' Representational Allowance is an overdue 
necessity. As you know, these funds have nothing to do with Members' 
pay or campaign expenses; they are simply the funds that allow us to do 
our jobs. It is how our offices, staff, and business travel are paid 
for. It is how we represent, support, and serve our constituents. 
Without an adequate increase in the MRA, our ability to serve our 
constituents diminishes greatly. As more and more of our constituents 
fall on hard times, we need to be there to serve their needs and 
interests. Our offices need to be more responsive and more helpful than 
ever. We need this reasonable and realistic increase to simply fulfill 
those obligations.
  In 2006, the MRA increased only 1.6%, and in 2007, only 2.7%. These 
changes didn't even account for cost of living increases, making our 
offices unable to offer competitive salaries. When our offices are not 
able to offer competitive pay with the private sector, we lose the 
ability to attract and retain the best and brightest staff. Now, in 
this time of crisis, this is an expense we cannot spare.
  In the spirit of fiscal responsibility, there is a provision in this 
bill directing unused MRA funds to deficit or debt reduction. This 
provision not only helps the Members in most dire need of this 
increase, it grants freedom to those who do not. Members who do not 
spend the full amount of their funds will help us pay down our national 
debt. In this bill, no tax dollar is wasted.
  I also support the increase in the funds available to Committees. 
With an aggressive legislative agenda from our leadership and from the 
Obama administration, the demand on our Committees and their staff is 
greater now than it has been in generations. We must support their 
staffing requirements, their investigation costs, and oversight 
expenses if we want to grapple with the varied and complex challenges 
confronting our nation.
  I am also pleased that this bill creates some parity between the 
Legislative and Executive branches with regards to employee benefits. I 
urge support for the improved transit and student loan benefits in this 
bill.
  Another important program supported in this bill is the Wounded 
Warrior program. It is becoming harder and harder for Americans 
everywhere seeking employment, and this is especially true for our 
wounded veterans. The continued support of the Wounded Warrior program 
fulfills an obligation to those who protect our freedoms, and sets an 
example for employers across the country.
  Finally, I would also like to express my support for funding the 
Speaker's ``Green the Capitol'' initiative. Not only does this program 
reduce our carbon footprint, it also creates enormous energy savings. 
This is the right thing to do for both the environment and the 
taxpayer. At a time when fiscal responsibility is paramount, it would 
be irresponsible of us not to support this program.
  Each of the provisions mentioned deserves our full support. These are 
non-partisan issues; both sides of the aisle have the same need to 
serve their constituents, hire and retain the best people, and improve 
the operations of the Capitol. I urge my colleagues to join me in 
support of this bill.
  Ms. SCHMIDT. Mr. Speaker, I rise regarding a provision contained in 
this legislation to carry out the Innovative Technology Loan Guarantee 
Program at the U.S. Department of Energy.
  Congress established the Innovative Technology Loan Guarantee Program 
in the Energy Policy Act of 2005, and it is my understanding that in 
order to implement the program the Appropriations Committee was 
required to include a specific appropriation together with language 
limiting the kinds of entities eligible to participate in the program. 
I am concerned that this language has the inadvertent potential of 
directly impacting an important energy project in my district that is 
ready to break ground and will potentially employ more than 3,000 
people. I ask your support today in working with me and my colleagues 
in the Ohio delegation to clarify the language so that it will not have 
the impact of prohibiting this project from going forward.
  I would like to thank Chairman Visclosky for his work on this 
concern. I look forward to working with you to correct this situation.
  Mr. VISCLOSKY. Mr. Speaker, I too rise regarding a provision 
contained in this legislation to carry out the Innovative Technology 
Loan Guarantee Program at the U.S. Department of Energy.
  I would like to thank Congresswoman Schmidt for raising a concern 
regarding the potential of the language implementing the Innovative 
Technology Loan Guarantee Program having a negative impact on a project 
already well along in its development. I would be pleased to work with 
Representative Schmidt and her colleagues in the Ohio delegation to 
address any unintended consequences.
  Ms. LEE of California. Mr. Speaker, I rise in support of H.R. 1105, 
the Omnibus Appropriations Act of 2009, and I thank Chairman Obey, my 
Chairman, as well as the leadership, for their work in putting this 
bill together.
  Today's action on the Omnibus Appropriations bill will complete 
action on the federal budget for fiscal year 2009.
  When we originally began this process over a year ago, we were 
dealing with a President who rejected the idea that we needed to invest 
in our children's education.
  He didn't think we should fund job training and employment services 
to ensure that American workers could compete in the global economy.
  He didn't think that all Americans should have access to quality 
affordable health care, or that we should try and lift up the more than 
37 million people living in poverty.
  He rejected the basic notion that ``an ounce of prevention is worth a 
pound of cure'' and tried to cut funding for the CDC, while opposing 
increases in funding for cutting edge biomedical research to create the 
next generation of miracle drugs.
  He told us in no uncertain terms that he would veto any federal 
budget we passed that tried to invest in education, job training, 
healthcare, alternative energy, and local law enforcement and ensure 
the continued prosperity of our nation.
  And he did so while demanding that we provide hundreds of billions of 
dollars to fund the ongoing war and occupation in Iraq, and to bail out 
the banking industry for their greed and mismanagement.
  Rather than accepting the President's position that the American 
people were not worth investing in, we decided to wait him out.
  Today we have a President, who rejects the failed economic policies 
and ideologies of the last eight years.
  We have a President who believes that, yes, the American people--our 
constituents--deserve a government that works for them, and that is 
willing to invest in them to ensure that they can get a good education, 
live healthy and productive lives, and obtain meaningful employment, 
and raise their children in a just and peaceful world.
  Yes, Mr. Speaker, change has indeed come to our nation's capital. And 
now we've got to roll up our sleeves and get to work.
  The Omnibus Appropriations Act of 2009 makes critical investments in 
a range of programs and builds on the economic stimulus package to help 
put America to work.
  I urge my colleagues to support it.
  Mr. VAN HOLLEN. Mr. Speaker, I am glad we are finally wrapping up our 
FY 09 Appropriations work and offer this legislation my full support 
today.
  Instead of slashing our federal investment in priorities like 
education, health care, energy, law enforcement and biomedical research 
as President Bush had demanded, this bill complements the economic 
recovery package by addressing our Nation's immediate needs while 
laying the foundation for long term economic growth.
  For example, to help 6.9 million families pay for college and prepare 
our students to compete in the 21st century global economy, we allocate 
$17.3 billion--or $3 billion more than 2008--for Pell Grants.
  To provide health care for over 470,000 uninsured Americans during 
this economic downturn, we provide $2.2 billion--or $125 million above 
last year's levels--for our community health centers.
  To accelerate the deployment of renewable energy technologies and the 
jobs that go with them, we include $18.5 billion in additional loan 
guarantee authority for renewables in the Department of Energy's 
Innovative Technology Loan Guarantee Program.
  To keep our communities safe, we designate $3.2 billion--or $495 
billion above 2008--for State and local enforcement.
  And to ensure that America remains the global leader in lifesaving 
biomedical research, we invest $30.3 billion--or $938 million more than 
last year--in the National Institutes of Health.
  Mr. Speaker, it has been a long time coming, but we now see it was 
worth the wait. I will cast a ``yes'' vote and urge my colleagues to do 
the same.
  Mr. LATHAM. Mr. Speaker, today we come to the House chamber to 
consider a package

[[Page 5756]]

of the remaining fiscal year 2009 appropriations bills. We are five 
months late in acting on these bills, and for no good reason.
  The net effect of this delay is two-fold: One, the delay has 
prevented a number of Federal programs from making necessary mission 
changes simply because those programs have been frozen in-place under 
the CR.
  Number two, the $410 billion contained in this bill represents annual 
spending increases for hundreds of programs. These increases are well 
above necessary levels, especially given that we just passed a stimulus 
bill that carried $301 billion in new discretionary spending--much of 
which is for the same programs contained in this omnibus measure, and 
that we fund every year in the annual process.
  In short, many of the programs in this package will get a double dose 
of funding. Unfortunately, this extra dose will be built into future 
spending, and that's not fair to the American taxpayer--why, because it 
locks in trillion dollar deficits.
  Apart from the problems with the spending totals in this package, we 
are allowing a laundry list of policy issues to pass through Congress 
without any public scrutiny.
  A number of these policy issues are troubling to many of us. For 
example, the omnibus eliminates the ``Reading First'' Program within 
the Department of Education. I don't remember debating this issue in 
the stunted '09 process.
  The ``Reading First'' Program was widely supported for its emphasis 
on raising reading levels, particularly among low-income children. Just 
yesterday, I met with an elementary school principal from Iowa who 
praised the program as one which has made a difference to lots of 
children in my State.
  Another policy change, done through a funding reduction, is a de-
emphasis on Yucca Mountain. At a time when we need to be looking at all 
forms of energy, why would we want to halt construction and design work 
at Yucca since nuclear waste storage is a big issue. At a minimum, we 
should have had a debate on this subject.
  In the end, this entire process has been a giant abdication of our 
responsibilities in this body, representing a shameful performance. Our 
constituents deserve better than the bill before us represents.
  I hope that for the FY 2010 funding cycle, the majority will re-
discover the value of regular order and transparency. In this way, we 
can add a little more credibility to the process, and the reputation of 
this House.
  Mr. PRICE of North Carolina. Mr. Speaker, I rise today in support of 
the Clinical and Translational Science Award (CTSA) Program at the 
National Institutes of Health (NIH). The CTSA program is an important 
and transformative initiative designed to improve the way biomedical 
research is conducted across the, country, reduce the time it takes for 
laboratory discoveries to become treatments for patients, engage 
communities in clinical research efforts, and train the next generation 
of clinical and translational researchers.
  As the Labor, Health and Human Services, and Education Subcommittee 
noted in its subcommittee mark, the program has the potential to create 
a new paradigm for clinical and translational research.
  I am proud that two of the 38 current CTSA sites, the University of 
North Carolina at Chapel Hill and Duke University, are in my district. 
These two universities have a track record of excellence, and I am 
pleased that NIH has recognized them as strong research campuses.
  Unfortunately, nearly level funding for NIH over the past few years 
has severely limited the size of the award that can be made to these 
and the other CTSA-recipient institutions. In addition to hindering the 
important work being done at the current CTSA sites, the funding 
challenges have encumbered implementation of the program and threaten 
to curtail its intended size of 60 sites.
  As a firm supporter of NIH, I commend Chairman Obey on the increased 
NIH funding in both the FY09 Omnibus Appropriations bill and the 
American Recovery and Reinvestment Act and thank him for designating 
for the CTSA program in the Omnibus bill. I look forward to working 
with my colleagues on the Appropriations Committee to provide robust 
funding for this important program in the FY10 appropriations cycle.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in strong support 
of H.R. 1105, the ``Omnibus Appropriations Act, 2009''. I would like to 
thank my colleague Chairman Obey and Ranking Member Lewis for 
introducing this important legislation. I would especially like to 
thank the respective subcommittee chairs and ranking members who I 
worked closely with in obtaining the funds necessary to help the 
citizens of the 18th Congressional District of Texas. These funds were 
vital in helping the Houston area. I want to especially thank:
  Alan Mollohan Chairman and Frank R. Wolf Ranking member of the 
subcommittee on Commerce, Justice, Science, and Related Agencies.
  Peter J. Visclosky Chairman and Rodney P. Frelinghuysen Ranking 
member of the subcommittee on Energy and Water Development.
  David E. Price Chairman and Harold Rogers Ranking member of the 
subcommittee on Homeland Security.
  David Obey Chairman and Todd Tiahrt of the subcommittee on Labor, 
Health and Human Services, Education, and Related Agencies.


                              TEXAS NEEDS

  Critical times call for critical measures. Over the last 13 months, 
our economy has lost a total of 3.6 million jobs--and continuing job 
losses in the next few months are predicted. The national unemployment 
rate is at 7.6 percent, with the great state of Texas seeing an 
unemployment rate of 6.0 percent and my district of Houston seeing only 
a little better rate at 5.5 percent.
  Our schoolhouses are badly in need of repair and modernization in 
order to flourish and be competitive in the global marketplace. Our 
healthcare system needs to be upgraded to allow for more Americans to 
receive coverage without going bankrupt. Our workforce needs to be 
retooled to keep up with innovative and new technologies; and our 
transportation systems need to be expanded. These are only a fraction 
of the many needs facing Texas and our Nation today.
  In my district, I have held recent meetings with the Houston Mayor, 
school districts, universities, churches, homeowners, and the Houston 
METRO. They each have expressed their need for full funding to 
alleviate foreclosure issues, hurricane relief funding, construction 
issues, technology divides, and law enforcement strengthening.
  Recently, President Obama mentioned the Houston's need for greater 
transportation and infrastructure improvements. I thoroughly agree, 
which is why I have been working with them for over 20 years to 
complete construction of the Northeast and South RAIL lines. METRO has 
indicated that it only requires $183 million to complete this rail 
line.
  Houstonians need this infrastructure to relieve congestion and 
provide adequate public transportation, and an investment that will 
mean jobs for our constituents through the transportation sector in our 
communities. Creating this critical infrastructure in Houston will 
allow Houstonians to work and will provide a tremendous boost to 
community development and mobility.


                            OMNIBUS DETAILS

  Last year, this body passed only one of the twelve appropriations 
bills, the Military Construction-VA bill. The Senate Appropriations 
Committee approved nine of the twelve bills.
  This Omnibus represents a measure worked out by both chambers--
functionally resembling a conference report--and significantly 
increases funding levels compared to FY 2008 levels that were extended 
through March 6 by the enacted resolution, PL 110-329.
  HR 1105 appropriates $410 billion, $31 billion, 8%, more than current 
funding, in discretionary funding, which represents the largest 
percentage increase for discretionary spending in regular 
appropriations in decades. It also contains $637.5 billion in mandatory 
spending for entitlement programs, for a grand total appropriation of 
$1.048 trillion in FY 2009. The bill covers appropriations for 
departments and agencies that would have been funded by the nine 
regular FY 2009 appropriations bills that were not enacted last year. 
These departments are currently funded under a continuing resolution 
that expires on March 6.
  For our constituents who believe that we here in Congress do not 
understand their financial woes and their caps on raises and bonuses, 
let it be made clear that not only do we understand but we hold 
ourselves to the same standard. The recommended rule for the bill 
automatically incorporates a provision into the measure that blocks any 
cost-of-living increase in the salaries of members of Congress in 2010.
  This bill provides the following amounts:
  Agriculture--$108 billion for the Agriculture Department, $17.6 
billion, 16%, more than provided in FY 2008. It includes $87.8 billion, 
81%, in mandatory spending and $20.5 billion in discretionary funding. 
The total includes $54 billion for food stamps, $14 billion, 26%, more 
than current levels, as well as $2 billion for the Food and Drug 
Administration, $335 million, 16%, more than the current level, and 15% 
more for rural development programs.
  Commerce-Justice-Science--$57.9 billion, 10%, more than the current 
level, for the Commerce and Justice Departments, and science agencies. 
It includes a 16% increase in funds

[[Page 5757]]

to assist state and local law enforcement agencies.
  Energy & Water--$33.8 billion for the Energy Department, Interior 
Department, Army Corps of Engineers, and related programs--$2.3 
billion, 7%, more than the current level. It provides 12% more than 
current funding for energy assistance and alternative energy research, 
but 18% less for nuclear energy and 9% less for ``clean coal'' 
projects.
  Financial Services--$44.6 billion, $58 million more than the current 
level, for the Treasury Department, the federal judiciary, the District 
of Columbia, the Executive Office of the President, and various 
independent agencies.
  Interior-Environment--$27.6 billion for Interior Department, 
Agriculture Department, Indian Health Service, Environmental Protection 
Agency, and related programs--$1 billion, 4%, more than the current 
level.
  Labor-HHS-Education--$625.7 billion, of which $152.3 billion is 
discretionary funding and $473.4 billion is mandatory spending, for the 
departments of Labor, Health and Human Services, HHS, and Education. 
The discretionary total is $7.4 billion, 5%, more than the current 
level, and includes $30.3 billion for the National Institutes of 
Health, 3% more than current funding, $15.8 billion for education for 
disadvantaged children programs, 2% more than the current level; 7% 
more for Education Department programs; and 4% more for the Centers for 
Disease Control.
  Legislative Branch--$4.4 billion for the legislative branch, $432 
million, 11%, more than the current level. This appropriation includes 
$1.3 billion for the House and $895 million for the Senate.
  State-Foreign Operations--$36.8 billion in foreign aid, State 
Department operations and export assistance, $3.8 billion, 12%, more 
than the current level. The bill provides 14% more for international 
organizations, but 43% less for the Bush administration's program to 
aid developing nations that meet certain political and economic 
standards.
  Transportation-HUD--$108.7 billion in budgetary resources for the 
Transportation Department, the Housing and Urban Development, HUD, 
Department, and five related agencies. This total includes $55 billion 
in discretionary appropriations, $6.2 billion, 13%, more than current 
funding.
  Homeland Security--$100 million for the U.S. Secret Service, 
including $61 million for Secret Service protective missions. Of that 
amount, $25 million would be for the first-year costs to hire 150 
additional special agents to meet increased presidential and vice 
presidential protection requirements. The measure also extends the 
authorization of three programs through Sept. 30, 2009 the Basic Pilot, 
E-Verify, program, the EB-5 Visa program, and the National Flood 
Insurance Program. In addition, it extends the authorization of the 
Commission on the Prevention of Weapons of Mass Destruction 
Proliferation and Terrorism until March 1, 2010.


                               CONCLUSION

  As the representative for the 18th congressional district of Texas, I 
am very pleased that this Omnibus bill will aid people in my district 
that desperately need it. We have rail lines that need to be expanded, 
schools that are in dire need of construction, hospitals that cannot 
help the sick because of capacity issues, and areas still reeling from 
Hurricane's Katrina, Rita, and Ike.
  The assistance my district will receive is outstanding. I plan to 
continue to work with Chairman Obey and the Appropriations Committee 
staff to ensure that necessary funding goes straight to the city and 
county agencies, companies, schools, and nonprofits that need it to 
better assist the people of Houston.
  I trust that the money in this omnibus along with monies from the 
American Recovery and Reinvestment Act will begin to bring not only 
relief but life to our economy.
  Mr. ETHERIDGE. Mr. Speaker, I rise in support of H.R. 1105, the 
Fiscal Year 2009 Omnibus Appropriations Act. This bill completes 
Congress' work funding essential government services for 2009 and 
invests in important priorities to get our economy back on track. H.R. 
1105 provides for the needs of North Carolina's most vulnerable 
citizens and will help our State make the investments it needs to make 
for a brighter future.
  As the former superintendent of schools in North Carolina, I am 
particularly pleased that this bill continues our commitment to 
educational opportunities for all Americans. Economists tell us that 
strategic investments in education are one of the best ways to help 
America become more productive and competitive. This bill builds on the 
American Recovery and Reinvestment Act to support state and local 
community efforts to improve schools, and on the efforts of individuals 
and families to provide a better life for their children. H.R. 1105 
provides $66.5 billion for the Department of Education, a 7 percent 
increase over last year. In these times when state budgets are 
stretched to the limit, it increases the federal share of special 
education costs and increases Title I grants for disadvantaged students 
to ensure our local communities are able to continue to help our most 
vulnerable students. It provides increases to student financial aid to 
help 1.4 million students go to school, and helps 6.9 million families 
pay for college with an increase in the maximum Pell Grant to $4,360. 
It provides additional funding for Head Start, gives child care 
assistance to 11,000 more children, and provides 1.7 million with 
quality afterschool services that supplement their school activities. 
These are fundamental investments that provide the key to the future 
for our nation's children.
  This bill makes many other critical investments to address our 
immediate needs while laying the foundation for our long-term 
prosperity. H.R. 1105 provides $15.3 billion for the Labor Department, 
providing critical job training, unemployment, and workforce protection 
services to our working families. It appropriates a total of $496 
billion for the Department of Health and Human Services, including 
critical support for Medicare and Medicaid. It includes $108 billion 
for the Department of Agriculture, including a 15 percent increase in 
funding for rural development. It appropriates $57.9 billion for 
Commerce, Justice, and the science agencies, including a 16 percent 
increase for state and local law enforcement activities. By improving 
support for research and development at our nation's universities, 
federal laboratories, and small business incubators, funding in H.R. 
1105 creates jobs and contributes to U.S. competitiveness. Finally, 
this bill invests in energy security with a 12 percent increase in 
funding for renewable energy and energy efficiency initiatives, which 
will help us reduce our dependence on foreign fuel sources.
  This bill is not just about spending. H.R. 1105 also cuts and 
eliminates government programs that are not working, and provides 
accountability and oversight through improvements in regulatory 
agencies. In these difficult economic times, it is more important than 
ever that we wisely invest the tax dollars that have been entrusted to 
us, and this bill is a sound investment in our future.
  Mr. Speaker, Congress has a solemn duty to pass a funding bill that 
honors the values of the American people. By addressing America's 
domestic needs, providing for our foreign obligations, and investing in 
the future, H.R. 1105 reflects these values. I support H.R. 1105, and I 
urge my colleagues to join me in voting for this bill.
  Mr. CAPUANO. Mr. Speaker, I rise today in support of the Clinical and 
Translational Science Award (CTSA) Program at the National Institutes 
of Health (NIH). The CTSA program is a noteworthy initiative with the 
potential to enhance and invigorate our nation's clinical and 
translational research enterprise.
  As the representative from the 8th Congressional District of 
Massachusetts, I am especially pleased that the program makes 
significant efforts to create new clinical research homes in academic 
settings and, so, strengthen our nation's current and future research 
infrastructure. Furthermore, I am quite proud that Boston institutions; 
Boston University, Harvard University, and Tufts University are 3 of 
the 38 sites that currently comprise the growing CTSA network.
  Over the past few years, roughly level funding for NIH has severely 
limited the size of the award that can be made to these and the other 
CTSA-recipient institutions. These funding challenges have had dire 
consequences for the program's implementation and have seriously 
impeded its very necessary expansion.
  As an ardent supporter of NIH, I thank Chairman Obey on the increased 
NIH funding in both the FY09 Omnibus Appropriations bill and the 
American Recovery and Reinvestment Act.
  Mr. KUCINICH. Mr. Speaker, I rise today in support of the Omnibus 
Appropriations Act, despite many severe misgivings I have with the 
legislation.
  Last night the President gave us a frank and candid assessment of the 
dire situation of our economy, and I remain committed to ensuring that 
appropriations bills reflect an appropriate federal response. This bill 
will strengthen the social safety net so that individuals and families 
that have been affected by the recession can meet their daily needs. 
This bill includes substantial and badly needed increases in funding 
for food assistance to combat starvation and malnutrition in the 
elderly and those of modest income.
  The Ohio Department of Job and Family Services has been inundated by 
a surge in unemployment claims. Constituents have called my office to 
tell me that they cannot even get through on the phone to speak to 
someone about their claim. Facing such an

[[Page 5758]]

extraordinary increase in demand, I am glad that the states will get 
some help. The bill increases funding by 10% for state offices to 
process this surge in unemployment claims.
  Cleveland, unfortunately, has been at the epicenter of the subprime 
mortgage and foreclosure crisis. The number of foreclosures continues 
to increase; some neighborhoods still average two foreclosures per day. 
Up to 6,000 voucher holders have yet to find affordable housing in 
Cuyahoga County--and this does not include the estimated 19,000 people 
who qualify for vouchers but are forced to endure a years-long waiting 
list.
  The bill increases overall funding for the Department of Housing and 
Urban Development by 10%. This includes increases in funding for the 
Public Housing Operating Fund to keep the doors open in our existing 
public housing, the Public Housing Capital Fund to build new public 
housing, and tenant- and project-based voucher programs. The bill also 
increases funding for homeless assistance grants.
  The bill provides several other funding increases in areas of 
particular need for Northeast Ohio. There is $187 million dedicated to 
making emergency communication more reliable through interoperability 
funding. There is a $385 million increase in funding for NASA, an 
economic anchor for the region and the state. There is $273 million for 
research on more fuel-efficient vehicles, which will help our ailing 
auto industry and the other industries on which it relies. There is 
$40.7 billion in infrastructure funding, a $484 million increase over 
FY08 levels and an integral part of Northeast Ohio's economic recovery.
  However, I am deeply saddened and frustrated by sections of the State 
and Foreign Operations portion of this bill that continue 
counterproductive policies regarding the Middle East and drug policy. I 
am hopeful that with the leadership of President Obama a new U.S. 
policy on the Middle East will emerge. It is time for the U.S. to move 
beyond the biased policy contained in this portion of the bill.
  The surest way for this body to ensure the safety and security of 
Israel while encouraging peace in the Middle East is to craft a policy 
that encourages Israel to end the blockade of Gaza and the occupation 
of Palestinian lands. The U.S. must also call on Israel to implement a 
freeze on settlement building.
  Instead this bill undermines any effort to position the U.S. as an 
honest broker for peace in the region. The bill gives $75 million in 
funding for aid to be shared between Gaza and the West Bank while 
giving $2.4 billion in grants for Israel including $670 million for 
procurement of military equipment alone. Adding to this extreme 
imbalance, the bill also places far more restrictions on the 
humanitarian aid to Gaza than on the arms funding for Israel. If the 
U.S. was an honest broker of peace, the reverse would be true. The 
United Nations has declared in no uncertain terms that peace in the 
Middle East, which is the best way for Israel to achieve security, 
cannot be achieved militarily. By favoring arms over aid, this bill 
takes us in the wrong direction during a time when relations between 
Gaza and Israel are particularly strained.
  This bill also includes funding for counternarcotics initiatives in 
Afghanistan, Mexico, Colombia, and other regions in Latin America, 
continuing supply-side interdiction efforts that have done nothing to 
disturb the flow of illicit drugs into our country. Research clearly 
demonstrates that money directed to domestic demand-reduction efforts--
drug treatment, drug abuse prevention, youth intervention programs, and 
the like--is more effective at reducing drug consumption and curtailing 
the flow of illicit drugs into the country. Moreover, such efforts 
usually increase the price of drugs in circulation, which only leads to 
increased violence and crime in communities. So long as the demand for 
a product exists, enterprising drug dealers will find a way to get the 
drugs to those addicted to them.
  I support this bill because the needs of my district come first, and 
the money in this bill will go far toward alleviating the stress on my 
constituents and my district caused by the economic downturn. However, 
I find it reprehensible that I am also forced to support these other 
provisions, and I look forward to working with leadership and the 
Administration to support policies that engage all parties and 
encourage peace rather than aggression.
  Mr. FORBES. Mr. Speaker, I rise in opposition to a cost-of-living 
increase for Members of Congress. We are currently faced with difficult 
economic times and an expanding federal deficit. Our economy is in a 
recession, unemployment figures are on the rise, home values are 
falling, and our national debt exceeds $10 trillion. Congress must not 
insulate itself from the crises at hand and I believe it is past time 
for Congress to be responsible. The most immediate action we can take 
is to cancel the automatic pay increase system currently in place for 
Members of Congress.
  To address this issue, I recently cosponsored H.R. 156 in this 111th 
Congress, legislation that would prevent Members from receiving an 
automatic cost of living adjustment in the future. The 27th Amendment 
to the Constitution restricts the current Congress from altering its 
pay for 2009. I am disappointed that H.R. 156 was not brought to the 
House floor for a vote to address this important issue. Rather, this 
issue was lumped into a controversial 1100-plus page omnibus bill for 
political purposes. By not allowing an independent yes-or-no vote on 
this provision, we simply reinforce the impression that many important 
legislative measures are structured to be political gamesmanship. If 
Congress is to vote itself a pay raise, it should be done in sunlight 
in the full view of the American public, not through a quiet procedural 
motion hidden in the shadows. The people of Virginia deserve 
accountability and transparency from their elected officials.
  I oppose the automatic cost-of-living increase for Members of 
Congress. Each of us should be on the record with our constituents as 
to whether we believe an increase to our own salaries is justified. In 
this time of increased economic hardship, I am going on the record in 
firm opposition to this pay increase. Since I was not allowed to vote 
yes or no, this forum has become my only recourse. Until the procedural 
barriers are removed, we will not have the transparent process that 
Americans deserve from their government. I will continue to fight for 
fiscal responsibility at all levels of government spending.
  Mr. OBEY. I yield back the balance of my time.
  The SPEAKER pro tempore. All time for debate on the bill has expired.
  Pursuant to House Resolution 184, the previous question is ordered on 
the bill, as amended.
  The question is on the engrossment and third reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  Pursuant to clause 10 of rule XX, the yeas and nays are ordered.
  The vote was taken by electronic device, and there were--yeas 245, 
nays 178, not voting 8, as follows:

                             [Roll No. 86]

                               YEAS--245

     Abercrombie
     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Bono Mack
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Braley (IA)
     Bright
     Brown, Corrine
     Brown-Waite, Ginny
     Butterfield
     Cao
     Capito
     Capps
     Capuano
     Carnahan
     Carney
     Carson (IN)
     Castle
     Castor (FL)
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Emerson
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Fudge
     Gerlach
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Massa
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McHugh
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Peters
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reichert
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman

[[Page 5759]]


     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Space
     Spratt
     Stupak
     Sutton
     Tauscher
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wexler
     Whitfield
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth
     Young (AK)

                               NAYS--178

     Aderholt
     Akin
     Alexander
     Austria
     Bachmann
     Barrett (SC)
     Bartlett
     Barton (TX)
     Bean
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cantor
     Cardoza
     Carter
     Chaffetz
     Childers
     Coble
     Coffman (CO)
     Cole
     Conaway
     Cooper
     Costa
     Crenshaw
     Culberson
     Davis (KY)
     Deal (GA)
     Diaz-Balart, L.
     Diaz-Balart, M.
     Donnelly (IN)
     Dreier
     Driehaus
     Duncan
     Ehlers
     Fallin
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Giffords
     Gingrey (GA)
     Gohmert
     Goodlatte
     Granger
     Graves
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hill
     Hoekstra
     Hunter
     Inglis
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Kratovil
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Marshall
     Matheson
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Minnick
     Mitchell
     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Nye
     Olson
     Paul
     Paulsen
     Pence
     Peterson
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     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
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Speier
     Stearns
     Sullivan
     Tanner
     Taylor
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Walden
     Wamp
     Westmoreland
     Wilson (SC)
     Wittman
     Wolf
     Young (FL)

                             NOT VOTING--8

     Bachus
     Campbell
     Cassidy
     Frank (MA)
     Miller, Gary
     Perriello
     Rush
     Stark

                              {time}  1550

  Messrs. HOEKSTRA, ROGERS of Michigan, BLUNT and HILL changed their 
vote from ``yea'' to ``nay.''
  Mr. NEAL of Massachusetts changed his vote from ``nay'' to ``yea.''
  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________




           RAISING A QUESTION OF THE PRIVILEGES OF THE HOUSE

  Mr. FLAKE. Mr. Speaker, I offer a question of the privileges of the 
House previously noticed.
  The SPEAKER pro tempore. The Clerk will report the resolution.
  The Clerk read as follows:

                              H. Res. 189

       Whereas, Roll Call reported on February 9, 2008, that the 
     offices of a prominent lobbying firm had been raided by the 
     FBI in November;
       Whereas, The New York Times reported on February 10, 2009, 
     that ``Federal prosecutors are looking into the possibility 
     that a prominent lobbyist may have funneled bogus campaign 
     contributions'' to Members of Congress;
       Whereas, the Washington Post reported on February 14, 2009, 
     that they ``examined contributions that were reported as 
     being made by the firm's employees and consultants, and found 
     several people who were not registered lobbyists and did not 
     work for the lobbying firm'';
       Whereas, Roll Call reported on February 11, 2009, that 
     ``the defense-appropriations-focused lobbying shop that the 
     FBI raided this November'' had in recent years ``spread 
     millions of campaign contributions to lawmakers'';
       Whereas, The Hill reported on February 10, 2009, that the 
     raided firm ``earned more than $14 million in lobbying 
     revenue'' and ``specializes in obtaining earmarks in the 
     defense budget for a long list of clients'';
       Whereas, The Hill reported on February 10, 2009, that the 
     2008 clients of this firm had ``received $299 million worth 
     of earmarks, according to Taxpayers for Common Sense'';
       Whereas, CQ Today reported on February 19, 2009, that ``104 
     House Members got earmarks for projects sought by clients of 
     the firm in the 2008 defense appropriations bills,'' and that 
     87 percent of this bipartisan group of Members received 
     campaign contributions from the raided firm;
       Whereas, CQ Today also reported that ``Members who took 
     responsibility for the firm's earmarks in that spending bill 
     have, since 2001, accepted a cumulative $1,815,138 in 
     campaign contributions from the firm's political action 
     committee and employees'';
       Whereas, Roll Call reported on February 19, 2009, that a 
     bipartisan group of four Members have made plans to divest 
     themselves of campaign contributions received from the raided 
     firm;
       Whereas, Politico reported on February 12, 2009, that 
     ``several sources said FBI agents have spent months laying 
     the groundwork for their current investigation, including 
     conducting research on earmarks and campaign contributions'';
       Whereas, numerous press reports and editorials have alleged 
     several cases of influence peddling between Members of 
     Congress and outside interests seeking Federal funding;
       Whereas, such reports and editorials reflect public 
     distrust and have raised inquiries and criticism about the 
     integrity of congressional proceedings and the dignity of the 
     institution; and
       Whereas, the House of Representatives should respond to 
     such claims and demonstrate integrity in its proceedings:
       Now, therefore, be it Resolved That--
       (a) The Committee on Standards of Official Conduct, or a 
     subcommittee of the committee designated by the committee and 
     its members appointed by the chairman and ranking member, is 
     instructed to investigate the relationship between earmark 
     requests already made by Members and the source and timing of 
     past campaign contributions.
       (b) The Committee on Standards of Official Conduct shall 
     submit a report of its findings to the House of 
     Representatives within 2 months after the date of adoption of 
     this resolution.
  The SPEAKER pro tempore. The resolution qualifies.


                            Motion to Table

  Mr. HOYER. Mr. Speaker, I move to lay the resolution on the table.
  The SPEAKER pro tempore. The question is on the motion to lay on the 
table.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. FLAKE. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 226, 
noes 182, answered ``present'' 12, not voting 11, as follows:

                             [Roll No. 87]

                               AYES--226

     Abercrombie
     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Boyd
     Brady (PA)
     Braley (IA)
     Bright
     Brown, Corrine
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Childers
     Clarke
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Costa
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doyle
     Driehaus
     Edwards (MD)
     Edwards (TX)
     Ellison
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Fudge
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Griffith
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Jones
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Massa
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McMahon
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Minnick
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler (NY)
     Napolitano
     Neal (MA)
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Peters
     Peterson
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Rahall

[[Page 5760]]


     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     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
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                               NOES--182

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

                        ANSWERED ``PRESENT''--12

     Barrett (SC)
     Bonner
     Butterfield
     Castor (FL)
     Chandler
     Clay
     Conaway
     Dent
     Hastings (WA)
     Lofgren, Zoe
     Welch
     Whitfield

                             NOT VOTING--11

     Bachus
     Boucher
     Campbell
     Cassidy
     Cooper
     Frank (MA)
     Kline (MN)
     Miller, Gary
     Perriello
     Rush
     Stark

                              {time}  1615

  Messrs. KISSELL, LEWIS of California, and DOGGETT changed their vote 
from ``aye'' to ``no.''
  So the motion to table was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________




                          PERSONAL EXPLANATION

  Mr. BACHUS. Mr. Speaker, on February 25, 2009. I missed rollcall 
votes 86 and 87 while attending a meeting at the White House with 
President Obama concerning the state of our Nation's economy and 
financial system. Had I been present, I would have voted ``no'' on 
rollcall 86 and ``no'' on rollcall 87.

                          ____________________




           DISCHARGE AND RE-REFERRAL OF HOUSE RESOLUTION 183

  Mr. ARCURI. Mr. Speaker, I ask unanimous consent that the Committee 
on Oversight and Government Reform be discharged from further 
consideration of House Resolution 183 and that the resolution be re-
referred to the Committee on Transportation and Infrastructure.
  The SPEAKER pro tempore (Mr. Nye). Is there objection to the request 
of the gentleman from New York?
  There was no objection.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the Chair 
will postpone further proceedings today on the motion 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.
  Any record vote on the postponed question will be taken tomorrow.

                          ____________________




 EXPRESSING CONDOLENCES TO FAMILIES OF VICTIMS OF CRASH OF CONTINENTAL 
                         CONNECTION FLIGHT 3407

  Mr. ARCURI. Mr. Speaker, I move to suspend the rules and agree to the 
resolution (H. Res. 183) expressing condolences to the families, 
friends, and loved ones of the victims of the crash of Continental 
Connection Flight 3407, and for other purposes.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 183

       Whereas the people of New York have experienced a terrible 
     tragedy with the loss of 50 lives in the crash of Continental 
     Connection Flight 3407 in Clarence Center, New York, on 
     February 12, 2009;
       Whereas many of the victims of the crash were residents of 
     New York, particularly of the close-knit Western New York 
     community; and
       Whereas Federal, State, and local officials have cooperated 
     to respond to the emergency, investigate the accident, and 
     provide assistance to families devastated by the loss of 
     loved ones: Now, therefore, be it
       Resolved, That the House of Representatives--
       (1) expresses condolences to the families, friends, and 
     loved ones of the victims of the crash of Continental 
     Connection Flight 3407;
       (2) honors those who lost their lives, including David 
     Borner, Linda Davidson, Ronald Davidson, Alison Des Forges, 
     Beverly Eckert, John J. Fiore, Ronald Gonzalez, Brad S. 
     Green, Sr., Zhaofang Guo, Kevin Johnston, Ellyce Kausner, 
     Goerges Karm, Nicole Korczykowski, Jerome Krasuski, Brian 
     Kuklewicz, Beth Kushner, Madeline Loftus, Lorin Maurer, 
     Donald McDonald, Coleman Mellett, Dawn Monachino, Jennifer 
     Neill, Gerry Niewood, Johnathan Perry, Mary E. Pettys, Donna 
     Prisco, Matilda Quintero, Marvin Renslow, Julie M. Ries, John 
     G. Roberts III, Kristin Safran, Rebecca Shaw, Ms. Jean Marie 
     Srnecz, Darren Tolsma, Susan Wehle, Ernest W. West, Douglas 
     Wielinski, Shibin Yao, Clay Yarber, and Joseph Zuffoletto, as 
     well as 10 others;
       (3) expresses sympathies to the people of Clarence Center, 
     the entire State of New York, and the Nation who grieve for 
     the victims;
       (4) commends the heroic actions of the first responders, 
     emergency services personnel, and air traffic controllers; 
     and
       (5) commends the hundreds of volunteers who worked together 
     to respond to the tragedy with tremendous courage.

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


                             General Leave

  Mr. ARCURI. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and to include extraneous material on H. Res. 183.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. ARCURI. Mr. Speaker, I yield myself such time as I may consume.
  I want to express my deepest sympathies to the families who lost 
loved ones in the tragic crash of Continental Connection Flight 3407. I 
can say, as an upstate New Yorker and as an American, the families and 
friends of those who were lost are in our thoughts and in our prayers.
  Mr. Speaker, I reserve the balance of my time.
  Mr. PETRI. Mr. Speaker, I yield myself such time as I may consume.
  I rise in very strong support of this resolution today that's being 
introduced by my colleague from New York,

[[Page 5761]]

Mr. Chris Lee. This resolution, House Resolution 183, expresses 
condolences to the families, friends and loved ones of the victims of 
the February 12, 2009, accident of Flight 3407 which took place in 
Clarence Center, New York.
  There were 50 people on board Flight 3407, including passengers and 
crew. Sadly, all lives were lost. Our sympathy goes out to the victims 
and to each and every one of their families, friends and loved ones.
  Losing a loved one is tragic, but the loss is compounded when it's as 
the result of an unfortunate and unforeseen situation. I'm hopeful that 
this resolution will, in some small way, comfort the families and 
friends of all of those who lost their lives on Flight 3407.
  I also want to thank the first responders and those who are providing 
support and assistance to the families of the victims. Their efforts 
are appreciated.
  The National Transportation Safety Board is thoroughly investigating 
every aspect of this accident. The Board is responsible for determining 
the circumstances and cause of this accident, and they will report back 
to Congress. In the meantime, I want to assure the families, the 
public, the Members of Congress, that those charged with the 
investigation of this tragedy will not rest until the cause of this 
aviation accident has been determined. The loss of even one life in an 
aviation accident is unacceptable, but the American public should know 
that our commercial airlines today are both safe and reliable.
  The National Airspace System handles almost 50,000 flights per day 
and more than 7 million passengers annually. Since 2007, the commercial 
airline industry has maintained the lowest fatality accident rate in 
commercial aviation history. Up until this accident, the FAA reported 
no on-board fatalities in passenger operations in the past 2 years and 
now approaching almost 3 years with about 1.6 billion people 
transported during that period.
  Despite the amazing safety record, I wish we lived in a world where 
we could eliminate all accidents and risks. While I don't believe that 
we can do that, I do believe that we can continue to work as 
effectively as possible to do everything we can to avoid these types of 
accidents in the future.
  Again, I want to express my condolences to the families, friends, and 
loved ones of the victims on board Flight 3407, and also to Mr. Chris 
Lee, my distinguished colleague from New York, and his constituents.
  I yield to my colleague from New York (Mr. Lee) such time as he may 
consume.
  Mr. LEE of New York. Mr. Speaker, I thank the gentleman for yielding 
and appreciate the support from our State delegation, many of whom 
cosponsored this resolution.
  I especially want to thank Mr. Higgins and Ms. Slaughter who have 
exhibited untiring leadership in offering assistance in the days since 
this tragedy has struck.
  The night of Thursday, February 12, was going along like any other 
winter evening in the small town of Clarence. Clarence is located less 
than 20 miles from the city of Buffalo. At the home of the Wielinski 
family, 22-year-old Jill was watching television with her mother Karen, 
while her father, Doug, was in the dining room doing some housework. It 
was at that moment that Continental Flight 3407 carrying 49 passengers 
and crew struck the Wielinski home, taking Doug's life. All on board 
the plane were lost.
  Each and every soul is a significant loss to our community. Among 
them: a prominent human rights activist; a September 11th widow; a 
retired Air Force reservist; an accomplished jazz guitarist; the cantor 
at a Williamsville temple; the director of a youth service program; a 
program manager for Northrop Grumman; a nurse at Westfield Memorial 
Hospital; a second-year law student; the daughter of a Holocaust 
survivor; a Vietnam veteran with two Purple Hearts; and lastly, a 
personal friend who was expecting the birth of her first child due at 
the end of May.
  At that moment about a quarter mile away, Clarence Center Fire Chief 
David Case was also having a quiet evening at home when he heard on his 
radio that a plane had crashed and struck a house nearby. Chief Case 
was one of the first to arrive on the scene that night, but by no means 
was he by himself. Volunteers from throughout Clarence were assisted by 
crews from Newstead, Akron, Harris Hill, Rapids, East Amherst, 
Swormville, Amherst, Millgrove, Bowmansville, the Village of Lancaster, 
Brighton, and the Buffalo Niagara International Airport's Aircraft 
Rescue Firefighter unit.
  Their efforts were supported by hundreds of volunteers who gave their 
time and energy to support the first responders and the families of the 
victims.
  Last night, Chief Case sat in this very gallery just a handful of 
rows away from the First Lady as the President of the United States 
addressed Congress on the state of our Nation. Chief Case did not come 
here to accept the salutations normally afforded everyday heroes among 
us. He said he came ``only to be a representative of the men and women 
of Clarence Center Fire Company and all of the first responders.''
  To those first responders and all of the volunteers, I simply want to 
say thank you.
  Chief Case was indeed a fitting representative for a small and proud 
town that just last year celebrated its bicentennial. Clarence is where 
my wife and I chose to make our home, and it is where my 3-year-old son 
will grow up; and I hope that he, in turn, raises a family there as 
well.
  Since the night of this accident, we have been posting on our Web 
site messages from families of the victims. Thoughts and prayers have 
come in from all around the country. One message we received was from 
Holly Henderson, a Clarence resident, and it reads:
  ``I'm a Clarence resident and a frequent traveler. I thank all of 
those who were deeply concerned for me, my family and neighbors and ask 
that they continue to pray for the souls whose lives ended in such 
tragedy. It is awesome to see how the community has put up ribbons and 
have come together in this time of crisis. It confirms why I moved back 
to this area after being gone for so long and feel very proud to be 
part of this great community in western New York where the people are 
truly the best in the world.''
  Of course, this resolution is not nearly tribute enough to the 
memories of the victims and the courage of their families, and the 
echoes of the shock and grief we felt that long Thursday night are 
still with us. We can find comfort in the fact that even in tough times 
like these, families and communities come together, rally around one 
another and do whatever they can to help those in need.
  Again, I thank the members of our delegation for their support and 
for this resolution.
  Mr. PETRI. Mr. Speaker, I have no further requests for time, I urge 
all Members to support the resolution before us, and I yield back the 
balance of my time.
  Mr. ARCURI. Mr. Speaker, I would like to thank my colleague from 
Clarence for his leadership in bringing this resolution, and also I'd 
like to thank him for the courage that he showed. As soon as this 
happened, he immediately recognized where his duty was, and that was to 
be home in Clarence, and he immediately headed home to be there to help 
to show leadership, to show his constituents where his priorities were; 
and that was at home where he was needed most.

                              {time}  1630

  So I thank him for what he has done. Clearly, this has been a shock 
to his community and to the entire country. Certainly, while the whole 
country has felt it, no one has felt it more than western New York.
  I would like to yield 3 minutes to my colleague from western New York 
(Mr. Higgins).
  Mr. HIGGINS. Thank you, Mr. Arcuri. I, too, want to join you in 
commending our colleague, Chris Lee, for going back to assist in the 
recovery effort. I spent time with the Congressman on Saturday, where 
we toured the site with several other officials.

[[Page 5762]]

  Mr. Speaker, I ask that you and our colleagues join me in offering 
sincere condolences to the families who lost loved ones in the crash of 
Flight 3407.
  What was for many to be a joyous reuniting of family and friends 
became a time of unspeakable grief and sorrow. An ordinary evening in a 
home in a suburban Buffalo neighborhood became a family's tragic 
nightmare.
  The victims of this tragedy need our support and empathy during this 
difficult time in their lives. My community has demonstrated great 
strength and compassion as it mourns the loss of 50 lives of those 
loved ones, many of whom were vibrant members of the western New York 
community.
  Our community's response has included professional and spiritual 
counseling, as well as donated meals and thousands of letters offering 
sympathy and support. The families will undoubtedly experience 
difficulty and sadness in the days ahead, but I am confident that the 
loving embrace of the western New York community will continue to 
comfort and sustain them.
  Mr. Speaker, I also ask that you join me in thanking the first 
responders, including many police and firefighting agencies, who worked 
through the night and each succeeding day in the recovery effort. Their 
work is an ineffably beautiful tribute to the decency of the human 
spirit and to their professionalism. They deserve our respect, our 
admiration, and our deepest gratitude.
  Mr. Speaker, this tragedy and the loss to the Buffalo community is 
profound, but the love and support of our community is much greater. I 
am thankful to those dedicated individuals who responded to this 
disaster and to those who are offering counseling and support to the 
families and workers still trying to come to grips with this terrible 
tragedy.
  We will never forget those we lost that night. I am pleased to join 
my colleague, Chris Lee, in offering support to all of those who knew 
them and who loved them. I thank Chris Lee for bringing this resolution 
to the floor.
  Mr. ARCURI. Mr. Speaker, I would just like to again thank my 
colleague, Mr. Lee, for his leadership on this bill. And I would urge a 
``yes'' vote on this resolution.
  Ms. SLAUGHTER. Mr. Speaker, less than two weeks ago we learned about 
a terrible accident in Clarence, New York, a few miles outside of 
Buffalo.
  Our worst fears were confirmed when it was reported that many lives 
were lost.
  I know that the pain of the families and friends who lost loved ones 
on Continental Connection Flight 3407 is immeasurable. My prayers are 
with them today and always.
  An accident like this is always a tragedy but when it happens so 
close to your home, it is particularly devastating.
  In Western New York we take care of each other.
  After the accident, first responders and ordinary citizens rushed to 
the scene to do their best to save lives.
  They are heroes to us for their tremendous efforts.
  As we grieve and pay tribute to those we have lost, I stand in unity 
with my colleagues, state, and local officials, to continue assisting 
our community during this difficult time.
  Mr. OBERSTAR. Mr. Speaker, I rise in strong support of H. Res. 183, 
which expresses sympathy to those who lost family, friends, and loved 
ones in the tragic crash of Continental Connection Flight 3407. The 
lives of all 49 passengers and crew on the flight were lost on February 
12, 2009, when Flight 3407 crashed in Clarence Center, New York, about 
5 miles outside of Buffalo. The plane crashed into a house on the 
ground, killing one person inside as well.
  The Bombardier Dash 8 Q400 was en route from Newark Liberty 
International Airport and it had begun its descent into Buffalo Niagara 
International Airport. The flight was operated by Colgan Air. The 
flight data recorder and cockpit voice recorder that were recovered 
from the crash reveal that the plane underwent severe changes in pitch 
at about 1,600 feet above ground level before it crashed.
  Emergency personnel responded to the scene immediately after the 
crash to quell the fire and contain the accident scene. The National 
Transportation Safety Board also responded, sending investigators to 
the site to conduct an in-depth investigation. Not much is known for 
sure at this point. It is known that the plane was flying in icing 
conditions, on autopilot with the de-icing system activated. The NTSB 
investigation will likely explore many issues, such as icing, pilot 
training and procedures, and aircraft design. The Committee on 
Transportation and Infrastructure will watch the investigation as it 
unfolds with keen interest.
  This accident, along with other recent aviation safety events, 
underscores the importance of not lowering our guard on aviation 
safety. It is unfortunate that this tragic event occurred. I hope that 
the findings of the investigation will lead to further improvements in 
aviation safety that will prevent this type of disaster from occurring 
again.
  I thank the gentleman from New York, Mr. Lee, for bringing H. Res. 
183 to the floor, and my sympathies go out to the people of your 
district. I urge my colleagues to support this resolution.
  Mr. COSTELLO. Mr. Speaker, I rise today in strong support of H. Res. 
183, a resolution expressing condolences to the families, friends, and 
loved ones of the victims of the crash of Continental Connection Flight 
3407.
  I want to thank my colleagues, Mr. Lee and the members of the New 
York delegation, for introducing this resolution.
  On February 12, 2009, Continental Connection Flight 3407 crashed just 
a few miles from the Buffalo Niagara International Airport. It was a 
tragic accident and our thoughts and prayers are with the families of 
the victims. Fifty people died as a result of this crash, and an 
investigation is underway to determine the cause of that crash.
  While we have the safest air transportation system in the world, we 
must not become complacent.
  Again, we, as a nation, mourn the loss of Continental Connection 
Flight 3407 and urge my colleagues to strongly support H. Res. 183.
  Mr. MASSA. Mr. Speaker, it is with deep solemnity that I take this 
moment to offer my sincere condolences to the families and friends of 
the 50 individuals who lost their lives when Flight 3407 crashed in 
Clarence, NY on February 12th. While we can never bring them back we 
can make sure they are honorably remembered for their many 
contributions, both big and small, in the lives of those all around 
them. I further extend my condolences to my colleague, Rep. Chris Lee, 
who represents the 26th Congressional District where the tragedy 
occurred.
  Mr. ARCURI. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Arcuri) that the House suspend the rules 
and agree to the resolution, H. Res. 183.
  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. ARCURI. 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 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

                          ____________________




                             SPECIAL ORDERS

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 6, 2009, and under a previous order of the House, the following 
Members will be recognized for 5 minutes each.

                          ____________________




                     FEDERAL RESERVE IS THE CULPRIT

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Texas (Mr. Paul) is recognized for 5 minutes.
  Mr. PAUL. Mr. Speaker, the Federal Reserve is the culprit; it has 
delivered this crisis to us. The Federal Reserve's low interest rate 
policy is a big mistake; it is not a panacea.
  Artificially low interest rates are achieved by inflating the money 
supply. Low interest rates penalize the thrifty, and those who save are 
cheated. It promotes consumption and borrowing over savings and 
investing. Manipulating interest rates is an immoral act, it is 
economically destructive. The policy of artificially low interest rates 
caused our problems and, therefore, cannot be the solution.
  The market rate of interest is crucial information for the smooth 
operation of the economy. A central bank setting

[[Page 5763]]

interest rates is price fixing and is a form of central economic 
planning. Price fixing is a tool of socialists and destroys production.
  Central bankers, politicians and bureaucrats can't know what the 
proper rate should be. They lack the knowledge and are deceived by 
their aggrandizement. Manipulating the money supply and interest rates 
rejects all the principles of the free market.
  Ironically, free markets and sound money generates low rates, but 
unlike the artificially low rates orchestrated by the Fed, the 
information conveyed is beneficial to investors and savers.
  The Congress, by conceding this authority, conveys extraordinary 
economic powers to the elite few. This is a power that has been abused 
throughout history. Only the Federal Reserve can inflate the currency, 
creating new money and credit out of thin area, in secrecy, without 
oversight or supervision.
  Inflation facilitates deficits, needless wars, and excessive welfare 
spending. Debasing a currency is counterfeiting. It steals value from 
every dollar earned or saved. It robs the people and makes them poorer. 
It is the enemy of the working person.
  Inflation is the most vicious and regressive of all forms of 
taxation. It transfers wealth from the middle class to the privileged 
rich.
  The economic chaos that results from a policy of central bank 
inflation inevitably leads to political instability and violence. It is 
an ancient tool of all authoritarians.
  Inflating is never a benefit to freedom-loving people. It destroys 
prosperity and feeds the fires of war. It is responsible for recessions 
and depressions. It is deceptive, addictive, and causes delusions of 
grandeur with regards to wealth and knowledge.
  Wealth cannot be achieved by creating money by fiat. It instead 
destroys wealth and it rewards the special interests. Depending on 
monetary fraud for national prosperity or a reversal of our downward 
spiral is riskier than depending on the lottery.
  Inflation has been used to pay for all the wars and empires, and they 
all end badly. Inflationism and corporatism engenders protectionism and 
trade wars. It prompts scapegoating; blaming foreigners, illegal 
immigrants, ethnic minorities, and too often freedom itself for the 
predictable events and suffering that results. Besides, the whole 
process is unconstitutional. There is no legal authority to operate 
such a monetary system. So let's stop it. Let us restore a policy of 
prosperity, peace and liberty. The time has come. Let's end the Fed.

                          ____________________




                       CONGRATULATING JOYCE BEAN

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Illinois (Mr. Hare) is recognized for 5 minutes.
  Mr. HARE. Mr. Speaker, last week, in Galesburg, Illinois, I held a 
town hall meeting to discuss the economic recovery package. While I was 
there, I told a standing-room-only crowd that Joyce Bean, who manages 
my Galesburg office, was retiring after 26 years of service to the 17th 
Congressional District. Joyce received a standing ovation. That one 
moment captured just how much the people of Galesburg, Knox County, and 
the 17th Congressional District and I appreciate her service.
  Joyce has spent her entire career giving to others. As a member of 
the Communication Workers of America, the United Way of Knox County, 
and a longtime staffer to my predecessor, Congressman Lane Evans, she 
made a lasting impact on so many people's lives.
  Upon receiving a prestigious community service award from the United 
Way in 1986, Joyce was called ``one of those rare phenomena that comes 
along only once in a lifetime.'' Joyce helped provide Christmas 
presents for needy children, acquired an acre of land for local Boy 
Scouts, and organized the area's first recycling drive, just to name a 
few. She was the first woman to become a United Way President in 
Galesburg, Illinois. Through her leadership, she has inspired others to 
answer the call of service.
  When Maytag Corporation shut its doors in 2004, she was the first 
person to offer displaced workers the helping hand they so desperately 
needed. And as a member of my staff, she has assisted local families 
with everything from retirement security to workers rights, and even 
going to bat for them with our friends at the Internal Revenue Service.
  For her service to the labor movement, the city of Galesburg, the 
17th Congressional District, and our entire Nation, I salute her. 
Joyce, congratulations on your retirement. You will be missed not just 
by the staff, not just by me, but the entire people of the 17th 
District.
  Once again, Joyce, congratulations, and best of luck on your 
retirement.

                          ____________________




             LET'S IMPLEMENT SOLUTIONS THAT PRODUCE RESULTS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from Kansas (Ms. Jenkins) is recognized for 5 minutes.
  Ms. JENKINS. I know many Americans are struggling to pay their 
monthly mortgage payments. Unemployment is on the rise, yet more than 
90 percent of homeowners are still able to scrimp and save enough each 
month to pay their mortgage.
  Congress and government agencies have thrown billions at this crisis, 
yet we have little to show for it. And President Obama even said in his 
speech last night that the recovery plans will require significant 
additional resources from the Federal Government, probably more than 
what is already set aside. He left the door open to come back and ask 
for more taxpayer dollars to bail out the bad decisions of others, yet 
we have seen little positive impact from the initial expenditure.
  Congress should not be in the business of rewarding bad actors, and 
I'm concerned that is exactly what H.R. 1106, the Helping Families Save 
Their Homes Act of 2009, and the President's plan for the housing 
crisis will do.
  One piece of H.R. 1106 is a cram-down proposal. While the goal of the 
proposal may be admirable, when we see re-default rates of 55 percent 
within only 6 months, is that really solving the problem?
  Lenders from the Second District in Kansas have told me this cram-
down proposal may force an increase in interest rates. How does this 
increased borrowing cost benefit that young married couple looking to 
buy their first home? Not to mention, as I read in Business Week 
yesterday, many times loan modifications can result in higher monthly 
payments.
  I understand exactly the sentiments shared with me by my constituent, 
Craig Grable from Wathena, Kansas. He sent me a letter telling me he 
pays his mortgage on time each month. He is angry that folks who have 
bought houses they could not afford are being rewarded by those housing 
plans.

                              {time}  1645

  He said, ``If the market recovers and he sells that home for a 
profit, he basically is keeping my tax dollars, and that is not 
right.''
  Folks around the country like Craig who made their payments on time 
should not have to pay for the risky loans made by irresponsible 
lenders and speculators who got into loans they could not afford. At a 
minimum before anyone is given government assistance on their mortgage, 
there needs to be a clear set of eligibility standards including income 
verification, proof the borrower has not intentionally defaulted on the 
mortgage in order to benefit from government assistance, and assurances 
that the Federal Government is not subsidizing vacation homes.
  Craig ended his letter to me saying, ``This nonsense has to stop.'' 
And I agree. Action without results is futile. Let us implement 
solutions that produce results.

                          ____________________




                       IT'S TIME TO TALK TO IRAN

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from California (Ms. Woolsey) is recognized for 5 minutes.

[[Page 5764]]


  Ms. WOOLSEY. Mr. Speaker, I rise to speak about the urgent need for 
the United States to begin direct talks with Iran about its nuclear 
program.
  Time is of the essence. The United Nations reported last week that 
Iran has more enriched uranium than the world knew and is now capable 
of building an atomic bomb if it continues with its enrichment program. 
Iran also recently put a satellite into orbit showing that it has the 
ballistic missile capacity to deliver a nuclear weapon against an 
enemy.
  The Iranians insist that their nuclear program is for peaceful 
domestic purposes only, but their nuclear program has raised fears in 
the Middle East and made that region an even more unstable and 
dangerous place.
  Mr. Speaker, Iran's advanced nuclear program shows that the Bush 
administration's policy of refusing to talk was a dismal failure. It 
called Iran part of the ``Axis of Evil.'' Then for nearly 8 years the 
Bush administration's approach consisted of saber-rattling and threats 
of war, and look where that's gotten us. Absolutely nowhere.
  As someone who strongly opposes nuclear proliferation, I urge that we 
launch a vigorous diplomatic effort aimed at getting Iran to behave 
more responsibly. We must begin that effort immediately before their 
nuclear program gets even more advanced. In the days ahead, we can look 
for every possible opening to begin face-to-face talks.
  This diplomatic effort must include a strong partnership with the 
international community. The U.N. Security Council, for example, has 
demanded that Iran suspend its uranium enrichment program. So we must 
work with the members of the Council to put peaceful pressure on Iran 
to do just that.
  I think that President Obama described the situation best last August 
when he said, ``My job as President would be to try to make sure that 
we are tightening the screws diplomatically on Iran and that we have 
mobilized the world community to go after their program in a very 
serious way.''
  So, Mr. Speaker, the President followed up on that, as we know, on 
his first day in office. In an interview with an Arabic language 
television station, he said, ``If countries like Iran are willing to 
unclench their fist, they will find an extended hand from us.'' This 
received a positive response from President Ahmadinejad, who said that 
Iran was ready for ``talks based on mutual respect.'' Who knows what he 
really meant, but I think we should take him up on this, call his 
bluff. Let's test him to see if he was serious. As Secretary of State 
Hillary Clinton has said, ``We won't know what we're capable of 
achieving with Iran until we're actually there working on it.''
  Mr. Speaker, Iran is currently suffering from tough economic times, 
high inflation and international isolation. It is also threatening its 
people miserably. We could take advantage of Iran's problems by 
offering incentives and help with their problems if they agree to pull 
the plug on their nuclear ambitions.
  During the past administration, there was a great deal of talk about 
bombing Iran's nuclear facilities, but we all know that would have led 
us into another disastrous war in the Middle East, and thank heavens we 
did not do that. But refusing to engage with Iran hasn't worked so far. 
It's time for a new policy that stresses international cooperation, 
conflict resolution, and humanitarian assistance.
  With President Obama's leadership and willingness to talk and 
Secretary of State Hillary Clinton's abilities, we can push the restart 
button, the restart button on our relations with Iran. We must now 
seize every single opportunity to do so because it appears time might 
be running out.

                          ____________________




   ON H.R. 1105, THE OMNIBUS SPENDING BILL, AND THE NEEDS TO PROTECT 
           PRIVATE PROPERTY AND PROMOTE FISCAL RESPONSIBILITY

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Virginia (Mr. Goodlatte) is recognized for 5 minutes.
  Mr. GOODLATTE. Mr. Speaker, last night Members on both sides of the 
aisle rose repeatedly and applauded the remarks of President Obama, who 
called upon the American people to show their resilience that they have 
on so many occasions in the past to rise above the difficulties that we 
face and to lead our country out of this serious economic crisis.
  However, today in the light of day, this Congress has taken a very, 
very different approach to try to solve those problems: the big 
government approach.
  Today, during the debate on the omnibus spending bill, I had planned 
to offer an amendment. My amendment would have protected the private 
property rights of citizens and also highlighted the philosophical 
differences between the Democrat majority and the Republicans. I would 
note that not a single amendment was made in order as a result of the 
vote on this nearly $500 billion spending package. Apparently, the 
majority believes that government knows best and the leadership of 
their party in this Congress are the only ones who know best how to 
dole out Americans' hard-earned money and property and they have no 
qualms about robbing Peter to pay Paul. Despite the lip service the 
majority gives about the spirit of the American people, the majority's 
policies clearly demonstrate that they believe something quite 
different, that the people cannot be trusted to make the best use of 
their own money and property nor can they be trusted to turn our 
economy around.
  Republicans actually believe in the American people, and they have 
put their policies where their mouths are. Republicans unabashedly 
believe that Americans know best how to control their own money and 
have advocated for targeted tax relief to individuals and small 
businesses to help the economy by putting money back into the hands of 
Americans.
  In addition, Republicans believe that the right of private property 
is a fundamental right that the founders of this Nation consciously 
sought to protect from overly zealous government bureaucrats. The need 
for private property protections is especially important in trying 
times like these when politicians get the idea that they know best the 
uses for Americans' money and property.
  I have sponsored legislation to protect private property from 
aggressive government use of eminent domain powers, and that is what 
the amendment I offered at the Rules Committee to the omnibus spending 
measure would have done. My amendment would have prevented funds in 
this gigantic spending bill from being used to seize private property 
from one person to give to another. This seems simple enough, but the 
majority decided to block this amendment, which would have prevented 
the use of any of the funds in this massive nearly $500 billion 
spending measure from being used for that purpose, to take people's 
property for private economic development purposes. But the majority 
decided to block the amendment and not allow a vote on the House floor. 
In fact, the vote to stifle debate on this amendment occurred on a 
purely partisan basis in the Rules Committee.
  It seems clear that the majority's solution to the current economic 
crisis is to spend other people's money. The truth is that we are 
beginning to see the results that this laboratory of big government 
spending is producing, and it is no surprise that the results are 
dismal. The government simply cannot operate as efficiently nor adapt 
as quickly as individuals and entrepreneurs.
  The likely response by the government to its own failure will be more 
spending, as is evident from the trillion dollar stimulus package that 
Congress passed 2 weeks ago as well as the nearly half trillion dollar 
omnibus spending bill we voted on today. There is no end in sight to 
the unprecedented levels of spending we are witnessing, and that is 
precisely why we should draw a very clear line now.
  House Republicans believe that instead of spending ease, we need a 
spending freeze. We may now see a budget deficit of $3 trillion this 
year

[[Page 5765]]

alone. That's $3 trillion. Divide that by the 300 million people in the 
United States, and it's nearly $10,000 for each person in the country 
that the government will spend more than the government will take in, 
$10,000 per person more that will be spent on all these massive 
government programs than the government will take in. This is beyond 
unacceptable. We need reform, and it is clear that Congress must have 
this reform forced upon it.
  That's why over 160 bipartisan cosponsors have joined me in an 
attempt to force the Federal Government to rein in spending and 
eliminate the deficit by amending the Constitution to require it. 
Earlier this year I introduced a balanced budget constitutional 
amendment, House Joint Resolution 1. This legislation has already 
garnered over 160 bipartisan cosponsors, and it requires that total 
Federal outlays cannot exceed total revenues. We'd have 5 years to 
bring this into line.
  It is time we started the process of reforming the way this 
government spends money.
  This is a simple concept but one that is lost on a congress 
determined to put political considerations above the common good. 
Simply put, this constitutional amendment would bind the hands of 
congress by cutting up its credit cards.
  The time to act is now, and if President Obama is serious about his 
call to rein in spending, then he should join in our call for a 
balanced budget constitutional amendment to force the Federal 
Government to do so.

                          ____________________




     HONORING STAFF SERGEANT JUSTIN BAUER AND HIS WIFE, KARI BAUER

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from North Carolina (Mr. Kissell) is recognized for 5 
minutes.
  Mr. KISSELL. Mr. Speaker, I rise today to offer a tribute to Staff 
Sergeant Justin Bauer and his wife, Kari.
  Staff Sergeant Bauer and his wife, Kari, were both from the State of 
Colorado. Staff Sergeant Bauer joined the Army and was assigned to the 
82nd Airborne and stationed in Fort Bragg, North Carolina. Sergeant 
Bauer and his wife lived in my district, the Eighth District of North 
Carolina.
  By the words of the sergeant's co-soldiers, he was a leader 
extraordinaire. He was a noncommissioned officer that exemplified what 
was meant to be in the leadership role of being a noncommissioned 
officer. His soldiers looked to him as a friend and a leader and, by 
all accounts, was an outstanding soldier in our Army.
  I bring Sergeant Bauer's attention to the floor, Mr. Speaker, because 
Sergeant Bauer died in service to his country on January 10 in Iraq. He 
was a person that accepted the risk of his profession. His wife, Kari, 
accepted the risk of being a military spouse. And I simply want to 
honor his memory but not dramatize his memory because that would not be 
fitting to the soldiers that represent our great Nation.
  And by honoring the sergeant and his wife, Kari, I also want to 
extend that honor to all of our military personnel that serve this 
Nation knowing the sacrifices that they make and that they may be asked 
to make the ultimate sacrifice and are willing to do that, for this is 
part of their job. They accept that.
  Today I have a letter that I want to present as part of the 
Congressional Record that we will be sending to Kari. But in this 
honoring of Justin Bauer and his wife, I also want to honor all of the 
military that serve this Nation and their families that make up the 
heart and soul of our Nation's spirit.

                                    Congress of the United States,


                                     House of Representatives,

                                Washington, DC, February 25, 2009.
     Mrs. Kari Bauer,
     Moss Court,
     Fayetteville, NC.
       Dear Mrs. Bauer: I wish to once again convey my deepest 
     condolences for the loss of your husband, Staff Sergeant 
     Justin Bauer. My entire congressional staff also joins me at 
     this time in sending our deepest sympathies and understanding 
     during this period of bereavement.
       Staff Sergeant Bauer served his country and the American 
     people in the most honorable of ways. Staff Sergeant Bauer's 
     absolute selfless service, professionalism and loyalty to 
     country will continue to serve as the pinnacle for which we 
     will continue to honor his service to our great nation. His 
     leadership and ``high regard'' as viewed by his fellow 
     Soldiers were so strongly conveyed to me in the words spoken 
     at the memorial service.
       I hope that time and memories will help lessen the burden 
     of your sorrow, and that you may draw some measure of comfort 
     knowing that others care and share in your loss. Please know 
     that we have shared in your pain and sorrow and pay our final 
     respects to undoubtedly one of our nation's best. If I can be 
     of any assistance please contact my Washington, D.C. Office 
     at (202) 225-3715 or in Fayetteville (910)-920-2070.
       I also wanted you to know that I went on the floor of the 
     U.S. House of Representatives today to offer my appreciation 
     for the sacrifice that your husband made, the loss you 
     endured. And that the two of you represent why our military 
     and our military families are the heart and soul of our 
     country. Thanks again to you and Justin.
           Sincerely,
                                                    Larry Kissell,
     Member of Congress.

                          ____________________




                              {time}  1700
                 WE NEED TO FOCUS ON OUR TRADE DEFICITS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from Ohio (Ms. Kaptur) is recognized for 5 minutes.
  Ms. KAPTUR. Mr. Speaker, last night, President Obama said that in 
this time of economic insecurity, America must avoid the possibility of 
protectionism. My friends, where are the fearsome red-herring 
protectionists?
  We all believe in free trade so long as it is fair trade, and I 
believe most of all in free trade among free people. Our Nation boasts 
the most open markets in the world, but one must recognize that America 
hasn't had a balanced trade account since 1975, yes, 1975.
  That's 34 years of regression on the jobs and trade front, 34 years 
of wandering in the wilderness, 34 years of deluges of imports dwarfing 
our exports, 34 years of outsourcing our good jobs by the millions. 
Thousands of America's best companies have been sacrificed, Maytag, 
Trico, Playtex, Levis, Zenith, Georgia-Pacific, Champion Spark Plug. 
The list is endless.
  Now we are watching major segments of our banking system disintegrate 
while we buy foreign televisions, foreign clothing, foreign 
automobiles, foreign food, all while our beautiful Nation begs China, 
undemocratic China, for money.
  It's pretty clear we need to focus on our trade deficits as a causal 
factor in our other deficits. The human and economic tragedies continue 
to mount. The massive hemorrhage of U.S. wealth instructs us in its raw 
truth. So-called free trade agreements began in 1975. Back then we had 
a surplus of $12.4 billion in goods with the world. We have now sunk in 
2008 to $677 billion in trade deficit, three-quarters of a trillion 
dollars, and all the lost jobs that go with it just disappear.
  The evidence is all around us. Americans are working harder each 
year, increasing their productivity but then seeing no increased wages. 
More lost purchasing power, the dollar isn't worth as much. Their 
health and pension benefits, disappearing. This is not a recipe for a 
healthy economy, a strong nation or a middle class.
  The challenge is trade is not a zero sum game. Other nations don't 
play by the same rules. Other nations manage their markets. Other 
nations manipulate their currency. Other nations aren't democratic and 
they have no rule of law.
  Let's look at the raw facts, as ignoring our trade deficits won't 
help our Nation crawl out of our deep economic hole. Let's stop digging 
and start crawling out.
  When you focus over a quarter of a century on more outsourcing of 
jobs and importing goods than on exporting goods and creating jobs 
here, our country ends up indebted and we are indebted to China, 
indebted to Mexico, indebted to Japan and all the other creditors who 
will be knocking on our grandchildren's doors.
  When you conduct two wars and don't pay for them, you make it even 
worse. But not to recognize those two deficits, the trade deficit as 
well as the budget deficit, is to live in a world of delusion.

[[Page 5766]]

  In 2008, our largest trade deficit was in oil with countries in the 
Middle East, and the bottom line is that that trade advantages them, 
not us.
  If you look at overall trade between the United States, Canada and 
Mexico, that's governed by NAFTA, the North American Free Trade 
Agreement. We are now at record imports from both countries, not 
exports, record imports, $74.2 billion in the red with Canada last year 
and $63.5 billion in the red with Mexico.
  The same is true with Communist China, where we are in a $266 billion 
deficit, a record high. Japan is no different, $72.6 billion there.
  The top trade gap we continue to face is imported oil. Overall, the 
U.S. imported 3.6 billion barrels of crude oil in 2008 worth $342 
billion, our chief strategic vulnerability.
  Unemployment continues to rise nationally, over 7.2 percent, and in 
districts like mine and many counties over 12.5 percent. Dr. Peter 
Morici of the University of Maryland has written, ``Lost growth is 
cumulative. Thanks to the record trade deficits accumulated over the 
last 10 years, the U.S. economy is about $1.5 trillion smaller. This 
comes out to about $10,000 per worker,'' and every American middle 
class family feels it.
  How are we going to change this, Mr. President? America needs 
balanced trade accounts, not delusion. We need open markets, not closed 
markets. We need a rule of law, not undemocratic practices. We need 
realism, not delusion.

                          ____________________




                 HONORING STAFF SERGEANT MARC J. SMALL

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Pennsylvania (Mr. Sestak) is recognized for 5 minutes.
  Mr. SESTAK. Mr. Speaker, I rise today to honor a young American hero 
who has given his all in service to our Nation, a 1970 graduate of 
Methacton High School, Marc Small of Collegeville, Pennsylvania. He 
represented the very best of our community and country when he decided 
in 2003 to follow in the patriotic footsteps of his father, Sergeant 
Major Murray Small, U.S. Army, Retired, and he enlisted in our U.S. 
Army.
  As importantly, in following his mother's compassionate and caring 
nature, he chose to become a medic with the Army Special Forces to 
assume the responsibilities of caring for his comrades in arms as well 
as some of the poorest people on this earth. As testament to his 
intelligence, motivation and courage, in less than 5 years this 
remarkable young man quickly rose to the rank of staff sergeant, 
learned the invaluable skills necessary to heal soldiers and civilians 
and earned the extraordinary honor of wearing the treasured ``Green 
Beret.''
  Tragically, on February 12, 2009, at Faramuz, Afghanistan, Staff 
Sergeant Marc J. Small, of the 1st Battalion, 3rd Special Forces Group 
(Airborne) U.S. Army, succumbed to wounds sustained in combat. Before 
his life was cut short, this young warrior had treated hundreds of 
Afghani civilians and in the process displayed the very best of the 
American spirit and character.
  By the loss of Staff Sergeant Marc J. Small we are a much lesser 
Nation and community, but only for the briefest of periods. Because 
given the very special nature of this healer and warrior, I am certain 
that from this tragedy other young men and women will be inspired by 
the heroism and selflessness of Staff Sergeant Small. From their 
skills, valor and compassion, the best traditions of our Nation will 
live on, as they must, for this world remains a very challenging place, 
and the need for our Nation to tend to the needs of poor and oppressed 
in many remote regions of the world is great.
  Mr. Speaker, I ask that we take a moment to reflect on the service 
Staff Sergeant Marc Small has made on our behalf in making so much 
possible. We thank his mother, Mary MacFarland; his father, Sergeant 
Major Murray Small, U.S. Army, Retired; his stepfather, Peter 
MacFarland; his stepmother, Karen Small; his brother, Matt; sisters 
Heather MacFarland Wellock, Jennifer MacFarland and Megan MacFarland; 
stepbrothers Travis and Tyler Baney; and Amanda Charney, who Marc Small 
very deeply loved.
  I join all of the constituents of Pennsylvania's Seventh 
Congressional District and good Americans everywhere when I pledge that 
the service and sacrifice of Staff Sergeant Marc J. Small, U.S. Army, 
will always be remembered and forever honored.

                          ____________________




                  SECRETARY CLINTON'S SILENCE IN CHINA

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Virginia (Mr. Wolf) is recognized for 5 minutes.
  Mr. WOLF. Mr. Speaker, today the State Department released its annual 
Human Rights Report, an exhaustive report which documents the human 
rights abuses of countries worldwide.
  The report highlights several disturbing global trends in the area of 
human rights and goes on to say that these trends ``confirm the 
continuing need for vigorous United States diplomacy to act and speak 
out,'' and, yet, America's leading diplomat, Secretary of State 
Clinton, could not find it in herself to publicly press the Chinese 
Government on their human rights abuses during her recent visit.
  Which begs the question, has the situation improved so dramatically 
so as to justify relegating human rights to the back burner? Was last 
year a banner year for the Chinese Government marked by tremendous 
reforms and greater freedom? Has a new day dawned for the people of 
China? The answer is no. We need look no further than the State 
Department's own report that came out today that says such notions 
could not be further from the truth and would be laughable if the 
reality of the situation wasn't so sobering.
  A few excerpts from the report:
  ``The Government of China's human rights record remained poor and 
worsened in some areas. The government . . . tightly controlled freedom 
of speech, the press (including the Internet), assembly, movement and 
association.''
  ``Authorities committed extrajudicial killings and torture, coerced 
confessions of prisoners, and used forced labor. In addition, the 
Chinese government increased detention and harassment of dissidents.''
  For people of faith, the situation was especially grim:
  ``Authorities disrupted church meetings and retreats; detained, beat, 
and harassed church leaders and church members.''
  ``Harassment of unregistered Catholic bishops, priests, and 
laypersons continued, including government surveillance and 
detentions.''
  This is the State Department's report that came out today.
  For North Korean refugees the report had this to say:
  ``Authorities stepped up efforts to locate, detain, and forcibly 
return North Koreans to North Korea,'' basically gulags where they will 
be persecuted.
  On forced labor it said: ``Forced labor remained a serious problem,'' 
and on and on. I am running because of the time.
  For Tibet, here is what the report said:
  ``The government's human rights record in Tibetan areas of China 
deteriorated severely during the year. Authorities continued to commit 
serious human rights abuses, including torture, arbitrary arrest, 
extrajudicial detention,'' and then it goes on with much others.
  The list goes on. I marvel that there can be such a disconnect 
between the systematic documented abuses of the Chinese government, the 
importance, as stated in the report, of the U.S. Government speaking 
out on behalf of those living under repression and the shocking silence 
of Secretary Clinton. The Chinese Government could barely contain their 
excitement about Secretary Clinton's silence.
  AP reported that ``China gave U.S. Secretary of State Hillary Rodham 
Clinton a glowing review.'' No wonder they gave her a glowing review 
because she didn't say anything following her weekend visit, during 
which she steered clear of human rights issues.

[[Page 5767]]

  China doesn't want our Secretary to speak on human rights, but that's 
the very reason why they should speak out on human rights.
  In fact, Mr. Speaker, silence in itself is a message, not just to the 
Chinese Government but to the Chinese people whose struggles are 
outlined in grim details.
  Martin Luther King said, and I quote, ``In the end, we will remember 
not the words of our enemies, but the silence of our friends.'' For the 
Secretary of State to be silent on the issue of persecution in China, 
where there can be a number, can you imagine, Mr. Speaker, how a 
Catholic bishop, or a Buddhist monk or a Protestant pastor or a Muslim 
Uighur was in prison and the prison guards came around and said, ``See, 
your Secretary of State was in town and she never even raised the 
issue.''
  The way to do this, Mr. Speaker, in ending, is the way Ronald Reagan 
did it in the eighties. Every time President Reagan would go or any 
Secretary of State would go to Moscow, or whatever, they would speak 
out on behalf of human rights. Our embassies were islands of freedom.
  And so I ask the Secretary to make it clear: Is this a retreat on 
human rights? Did you just make a mistake? But the sound and the 
silence is reverberating, and it will also have an impact on dictators 
around the world because they will see the Secretary going to China and 
not speaking out. Ahmadinejad will do what he wants with regard to the 
Baha'is, Egypt will do what it wants with regard to the Coptic 
Christians and on and on, and the world will be a much more dangerous 
place.

                          ____________________




                              {time}  1715
                   REASONS FOR THE ECONOMIC DOWNTURN

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 6, 2009, the gentleman from Missouri (Mr. Akin) is recognized 
for 60 minutes as the designee of the minority leader.
  Mr. AKIN. Mr. Speaker, through the period of the last 6 years, one of 
the things we have heard pretty commonly in the media has been the 
tremendous cost of the war in Iraq, and that every day we hear there 
are more and more millions being squandered on the war in Iraq. So it 
is an interesting fact to add up all of the spending in the war in Iraq 
and all of the spending in the war in Afghanistan and add it together. 
What you find is that there is less spending there than there was in 
the first 5 weeks of this new year, particularly with the new stimulus 
bill.
  Well, how is was it that we got into such a fix, into such a problem, 
that our economy seemed to dictate these kinds of draconian solutions? 
That story actually starts back some number of years. It goes back to 
the Carter administration, the Community Reinvestment Act and the idea 
that there were some people that couldn't get a decent home loan. So we 
were going to tell banks that they had to make some loans to people 
that were riskier, and maybe even risky enough that some of them 
couldn't make their loan payments.
  That started under the Carter administration, but over a period of 
time we then developed a couple of organizations called typically 
Freddie and Fannie, Freddie Mac and Fannie Mae. Those organizations are 
neither quite government, but really not quite private either. Their 
objective was to create a source of innovative financing so that people 
could afford home loans and the average person could have a piece of 
the American Dream and own their own house.
  Well, over a period of time Freddie and Fannie were established and 
they took more and more different loans, underwrote various loans for 
people's homes. By the time we got well through the Clinton years as 
President, President Clinton demanded that the Freddie and Fannie 
corporations, if you would call them corporations, had to change their 
rules, that they had to release more and more loans to people who in 
effect couldn't pay. So the percentage of these loans that were more 
marginal were increased.
  In the meantime, you had some other things going on. You had the 
government policy under Greenspan. The Federal Reserve had reduced the 
interest rate down quite low to about 1 percent, so you had the money 
being flooded as we moved on with more and more very low priced capital 
at 1 percent, so people tended to think, hey, this is a pretty good 
idea. Let's put some of this money in the real estate market, because 
the real estate market started to boom. In fact, it was in a bubble.
  When I came to Congress in 2001, real estate was starting to go up, 
and by the time 2004 or 2005 came, most of us around here that thought 
we knew a little bit about economics were kicking ourselves, how come 
we didn't buy the very biggest house we could possibly find and let the 
thing double and then quickly sell it.
  Of course, there were a lot of people that were doing that. There was 
a lot of speculation going on. Speculators took advantage of the 
situation and real estate continued to expand and to expand. In the 
meantime, what was going on on Wall Street was the fact that because 
there really weren't any rules, Freddie and Fannie were quasi-
governmental, it was assumed that they were going to back people up and 
back up these loans, and so it became kind of a free ride.
  You had all kinds of mortgage brokers traveling around the country 
saying to people, hey, you want to get a loan? Well, how much do you 
need? Half a million dollars? Fine. I don't really care whether you 
have got a job or whether you can pay it back, because I am going to 
turn the loan right on over. It is going to go over to Freddie or 
Fannie or to the Wall Street market. They are going to chop it up in 
pieces, repackage it and sell it all over the world.
  So it was one of those situations where we made a very big mistake in 
terms of government regulation. And we allowed this process to continue 
to run for some number of years without the proper regulations and 
control on Freddie and Fannie. So most people have read and understand 
that what got us into this recession was the fact that we allowed a 
whole lot of mortgages being made by people who could not pay those 
mortgages back. So that is how things got started.
  Now, you say, well, didn't somebody figure this out? Didn't somebody 
ring a warning bell or let us know that things weren't going the right 
way?
  Well, in fact they did. What you have here, and this is an 
interesting day to remember, in The New York Times, not exactly a 
right-wing oracle, The New York Times, September 11th, 2003, you have 
reported there that the President, at the time President Bush, was 
asking for greater authority to regulate Freddie and Fannie because he 
believed that what was going on was going to cause a whole lot of 
trouble. There were all kinds of mortgages and loans being made where 
it was not at all clear that people would pay them back.
  Of course, in the past years, many years before when somebody was 
going to get a home loan, you would go to your local bank and the 
banker would take a look and say, ``I am not going to loan him money if 
I don't think he can pay it back.'' But what we did was we separated 
the person that was taking that loan, we separated him from the person 
that was getting the money, and the end result was there wasn't any 
accountability anymore. So the President said, hey, this is a big 
problem.
  So you have September 11th, 2003, The New York Times. The President 
is saying in there, hey, we need to get some controls on these crazy 
mortgages that are going on, and he asked Congress to take action to 
regulate Freddie and Fannie.
  At that time, or a year or so later, Congress and the House passed a 
bill to do that. It went to the Senate and it was killed by the 
Democrats in the Senate. But in that same article, September 11th, 
2003, you have the words of the gentleman here in the House now who is 
in charge of rewriting the rules, and this is what he said about 
Freddie and Fannie. ``These two entities, Fannie Mae and Freddie Mac, 
are not facing any kind of financial crisis,

[[Page 5768]]

said Representative Barney Frank of Massachusetts, the ranking Democrat 
on the Financial Services Committee.'' So the ranking Democrat on the 
Financial Services Committee is saying Freddie and Fannie are doing 
just fine, September 11, 2003. The President is saying we need more 
regulation, there are going to be problems. Then Congressman Frank goes 
on, ``The more people exaggerate these problems, the more pressure 
there is on these companies, the less we will see in terms of 
affordable housing.''
  Well, this doesn't look like very good prophesy here. Certainly this 
problem was caused by a lack of regulation. It was caused by the 
Democrat Party, as is reported in this article in The New York Times.
  Now, there are people today who want to say that this is a failure of 
free enterprise. This has nothing to do with free enterprise. This has 
to do with socialistic government meddling in the real estate market 
and an unwillingness of the government to be responsible in what the 
government says it is going to back.
  What has happened here is you have got Freddie and Fannie that could 
do anything they wanted, and we are supposed to, the taxpayer, you and 
I, are supposed to back up Freddie and Fannie when people make all of 
these lousy loans. So that is the quick rundown on how we got to where 
we are with the recession.
  Now, when you have a recession, there are a couple different ways to 
handle a recession, a couple of theories. One of the theories is what 
FDR did back in the 1930s. Their idea was that if the government spends 
enough money it stimulates demand. Of course, everybody has been taught 
this for years in college economic classes, that if the government 
stimulates the economy by spending enough money, why, then it will just 
make the recession go away.
  That sounds like a pretty cool idea, doesn't it? The government just 
spends more and more and more money and the economy is going to get 
better. The only trouble with that is if that really worked, where we 
have the amount of debt that we have at this time, trillions of dollars 
of debt, don't you think we would have a great economy?
  So we have to ask, what is this theory? It was called Keynesianism. 
Little Lord Keynes was proposing this idea about the same time Henry 
Morgenthau, who was the Secretary of Treasury under FDR, was making 
this proposal. So we have had in the laboratory of history this idea of 
the government spending a whole lot of money to make the economy 
better. So we had a chance to do that for 8 years, and Henry Morgenthau 
tried this whole thing out.
  At the end of 8 years, he appears before the House Ways and Means 
Committee and in 1939, and this is his quotation before the House Ways 
and Means Committee. ``We have tried spending money. We are spending 
more than we have ever spent before, and it does not work. I say after 
8 years, the administration, we have just as much unemployment as when 
we started, and an enormous debt to boot.''
  So this is the author, this is the first guy that tried this theory 
over in this country, just spend a whole lot of money to fix a 
recession, and he says it doesn't work. You take a look at the numbers 
and the tremendous amount of joblessness when they started, and when he 
got all done, they still had a whole lot of unemployment going on. And 
he said we have tried it and it doesn't work. Yet there are people who 
still want to hang onto this warmed-over Keynesian idea, and it doesn't 
work.
  So, what does work? It is important for us to not be negative and 
just say what doesn't work, but what does work. And what does work is 
more of a supply side kind of model, and we are going to be talking 
about that in just a minute.
  I am joined here on the floor by a very good friend and a gentleman 
who has lived a number of careers in this world, one as a medical 
doctor, a guy with a very bright mind, but also a U.S. Congressman from 
the State of Georgia. I would yield to the gentleman from the State of 
Georgia, Congressman Broun.
  Mr. BROUN of Georgia. Thank you, my friend. I appreciate your 
yielding. I want to just make a couple of comments.
  One thing, we have a recent experiment in this kind of economic 
theory. I think if we look historically, not only did the idea of 
spending more and more money not work during the Great Depression, in 
fact the only thing that got us out of the Depression was cranking up 
the manufacturing sector, the private manufacturing sector, to supply 
the needs for World War II. That is the only thing that got us out of 
the Depression.
  But I just want to remind you, I know my dear friend from Missouri, 
Mr. Akin, remembers just recently the Japanese tried the same kind of 
philosophy. I don't think it worked there either, did it?
  Mr. AKIN. I appreciate the gentleman and the additional point that 
you are making. I think it is a very persuasive point, because Henry 
Morgenthau tried this idea for 8 years and it didn't work worth a hoot. 
In fact, those were his words, we have a lot of debt to boot.
  But in addition, we also had the Japanese. They tried it, and it 
basically was like taking an entire economic decade out of Japan. They 
had a whole lot of these tax-and-spend fellows over in Japan, and they 
just went at it hammer and tongs for 10 years. The Japanese economy 
bumped and bumped and bumped and it never could get off the ground. It 
is like the plane that didn't have enough propulsion to be able to pull 
it up in the air. And it was because of the fact that they were just 
sold on this idea that if they spent enough government money, something 
would be okay.
  It kind of reminds me, I am an engineer by training and they probably 
shouldn't let us into a political body like this, but it reminds me of 
somebody grabbing their shoelaces, lifting up and trying to fly around 
the room.
  This is just foolishness. I think most Americans, most of our 
constituents that are out there, I think they have to look at this idea 
and think what sort of funny stuff are those people smoking up in 
Washington, D.C. to think that when you get in hard times economically 
that what you are going to do is just spend money like mad. I don't 
think there is anybody in my district dumb enough that when they are in 
hard times economically they go and buy a brand new big car and spend 
money like mad thinking it is going to fix the problem. It is almost 
insanity to look at it that way.
  The thing is, as well as the bad examples that we have, you have 
mentioned one of those, Congressman Broun, we have good examples, good 
examples of the right way to solve the problem. It is not like we are 
just hopeless and we are in a graveyard spiral with an airplane and 
there is nothing you can do to fix it. The fact is, there are all kinds 
of examples of the right thing to do, and that is not the Keynesian 
model but it is more what people call today a supply side model.
  I yield to the gentleman.
  Mr. BROUN of Georgia. Thank you, and I appreciate that. Absolutely. I 
frequently say at home, as I am going around the 10th Congressional 
District in Georgia, that socialism has never worked; it won't work 
today, it has never worked in the past, and that is exactly what we are 
doing.
  I described the stimulus bill that we passed here in this House a 
couple of weeks ago as a steamroller of socialism being shoved down the 
throats of the American public, and that will strangle our economy and 
kill the American people economically. I believe, likewise, that we are 
seeing bill after bill; in fact, just tomorrow we are going to have a 
housing bill here on the floor that is going to create bigger 
government and spend more money.

                              {time}  1730

  Certainly people need to be able to buy houses. People need to be 
able to buy cars. The Big Three auto makers are having problems. I have 
my own dealers at home that talk to me about the car sales. In fact, I 
visited one and talked to the service people, I talked to the used car 
people, I talked to the new

[[Page 5769]]

car people, I talked to the folks across the board, and in a large 
dealership in the 10th Congressional District back during this last 
break, a week ago, and they're suffering. People are hurting around 
this country. And we need to do something. And there is absolutely 
something that can be done.
  Republicans have proposed things that go along with what you're 
talking about tonight, the supply side, which means that we need to get 
dollars back in people's hands. We need to have small business be able 
to have the capital, money, to be able to create a new job, to be able 
to go out and buy inventory, to be able to do the things that they need 
to be successful as a small business. And that's the economic engine of 
America.
  I was just watching ``Fox and Friends,'' I guess two mornings ago, 
and the people there were talking about that the banks are the economic 
engines of America. They are totally misled. Small business is the 
economic engine of America.
  Mr. AKIN. Reclaiming my time for a minute. What I think I'm hearing 
you say was something that I just think it's so much common sense and 
so many Americans understand this. And it's about productivity, isn't 
it?
  If you really look at, just look at your own life, and if you really 
want to do better, you become more productive. You produce more 
product. You're more efficient, and you get more stuff done, and 
therefore, you can earn more money that way. And that's the same thing. 
It's not like this is really complicated. You know, there's economists 
who would like to make it seem complicated so they get to keep that 
Ph.D. and have a nice job. But it's not that complicated.
  When a business or an investor or an entrepreneur puts some money out 
and makes a good gamble or makes a good investment, it works well, or 
maybe it doesn't work quite right and then they adjust it a little bit, 
and then they come up with a better way of doing things, we call that 
productivity. And in order for that process to work, you have to have, 
just like oil inside a machine, you have to have a certain amount of 
liquidity and capital out there for these investors to be investing.
  And so the whole logic of what you're saying is, you've got to prime 
the pump a little bit and let people keep some money so that they can 
invest it. And of course the thing that kills it is if you start to 
suck all the money out of the economy, now you don't have anybody 
investing, and so you start to run into this condition of joblessness. 
And we understand what that's like. There's all kinds of people.
  I yield.
  Mr. BROUN of Georgia. You've got a great chart here. I know you're 
going to explain it to our viewers tonight and show pre-tax relief and 
post-tax relief. And the great thing--I'll stop here in a second, but 
the great thing about this chart that you're just fixing to explain is 
it shows that tax relief will stimulate the economy.
  By getting the regulatory burden and the tax burden off of small 
business, we'll create jobs. We'll have a strong economy. People will 
have good-paying jobs so that they can buy a car, can buy a house, can 
pay for their college education for their children or technical 
education, they can do the things that they need, buy clothes, and all 
the things that come together to create a strong economy.
  So if you would explain that chart for us, I'd appreciate it.
  Mr. AKIN. Reclaiming my time. What you're saying is that somehow or 
other people have trouble making this connection. But if you've got a 
business that's doing well, they hire people, and that makes jobs. Now, 
if you're jealous of the guy that owns the business, say you're too 
rich and I'm going to take you down a peg, and you take all the money 
away from everybody who owns businesses, then don't be surprised when 
you don't have as many jobs.
  And so one of these things that people, you know, if they want to get 
real covetous and don't like their neighbor having a fancy-looking car 
in their driveway, think about it a little bit, because you're really a 
lot better off if you live in a neighborhood where there's a lot of 
businesses that are doing well than if you're in a neighborhood where 
everybody is unemployed. And you can't let it get you upset that 
somebody else is doing well if you really want jobs, because if you 
want to have a job you've got to work for somebody.
  But anyway, let's take a look at this. The point of the matter is 
there's no reason for there to be doom and gloom in America. There's no 
reason for us to be really upset or kicking our lips around. There are 
ways to fix the problem we're in. We made some very, very foolish 
mistakes with poor government regulation and basically misguided 
socialism that put us into the recession. But it can be fixed. America 
has come through a lot of challenges, and this is another challenge, 
and we can do okay with this. But we can't do it by doing the wrong 
thing.
  So what are the examples of what do you do in this situation? Well, 
here's an example. Actually, when I was here in Congress in 2001, when 
we started--and we did a bunch of tax cuts, and people thought tax cuts 
help make the economy do better. Well, but that's not entirely true. 
It's certain kinds of tax cuts that make the difference.
  So here you have a picture of what's going on in 2001; this is the 
year that I came here, and you see we were in the recession. And before 
this tax relief, right here at this line in the second quarter of 2003, 
we did a particular kind of tax cut which had a very strong effect. But 
going before that, we did some tax cuts here, and we still had an 
average GDP of 1.1 percent. So it wasn't just any tax cut. You just 
want to send a $1,000 check to everybody in America, people like it, 
but it's not going to fix the situation that we are in. No, you have to 
use your tax money wisely.
  So what did we do? In the second quarter of 2003, we did a dividend 
capital gains tax cut, and we took it from--it had been quite a lot 
higher--we took it down to 15 percent. And when we did that, let's take 
a look at what happened. Now, the effect of that, of course, is 
dividends capital gains is not something that just helps everybody on 
the street. This is something that really affects people who own 
businesses, particularly, or people who own money, and you want them to 
get the money freed up so they will use it to invest and create this 
productivity.
  So here's what happens. We do the tax cuts second quarter 2003. Look 
at what happens to gross domestic product. We're chugging along at 1.1, 
it's kind of spotty, and all of a sudden it jumps to 3. And this is 
going all the way over to 2007. So the effect--now, you could say, 
well, is that what caused that? Well, if you take a look at this point 
in history, this is the main thing we did economically.
  So you say, well, does that show up anywhere else? In fact, it does 
show up in some very, very important places. Let's take a look at the 
second chart, which is what we're very concerned with today, and that 
is the problem of job creation. These are all--all the lines going down 
are jobs that are lost, and so we're losing jobs at an average of 
almost 100,000 jobs a month. That's what's happening, 100,000 jobs a 
month being lost.
  Now, these lines going up are where we actually had some job 
creation. But this is an average here. Now, we do this tax cut, and 
take a look at what happens on the right side in terms of the gain of 
jobs: 147,000 jobs a month being gained with this one particular cut.
  So this isn't rocket science. We did it before. JFK did it. Ronald 
Reagan did the same kind of thing. And here we go, right in our recent 
past we did the same thing, and look what's going on.
  Now, here's the last thing. Let's say that you really do, as my 
friend from Georgia was just saying, using the word ``socialism.'' 
Let's say you really are a happy little socialist and you really want 
the government to slot money around and redistribute wealth and 
everything. If you want to do that, one thing you want is a good 
economy because it gives you more money to play with.
  Look what happened here. This is Federal revenues. Federal revenues 
are

[[Page 5770]]

going down, just as they've been going down this year because the 
economy's in bad shape. You turn the economy around with the right kind 
of tax cut, and take a look at revenues. They're jumping.
  So this says everybody wins when the economy is doing well, and this 
supply side kind of idea of letting money be invested by the productive 
private sector, just as my friend from Georgia was saying, this is what 
works.
  And there's no reason for Americans to be out of work if we just do 
the right thing. Instead, what we're doing is we're going to allow this 
tax cut to expire, and the math that drove these charts is going to go 
into reverse, and it's going to make the situation worse even than what 
it is right now.
  I yield to my good friend from Georgia.
  Mr. BROUN of Georgia. Well, you're exactly right, Mr. Akin. And I 
think we're going to see a marked reversal in job creation as the 
capital gains tax goes higher. In fact, I'd like to remind my 
colleague, back when, in the last Congress, Republicans and Democrats 
alike had an alternative plan to the, what I call the Wall Street 
bailout bill, the TARP fund bill, the Troubled Assets Relief Program, 
where we were promoting not only not allowing the capital gains tax--
keeping it from expiring, but we were promoting lowering that, change 
the accounting principles that froze all the economic markets. And I 
fault Hank Paulson, Secretary Paulson, frankly, for not even letting 
our bill touch his lips or come across his throat. And nobody on the 
majority side would consider our bill.
  We had a plan that would not borrow from our grandchildren, like the 
TARP funds, Wall Street bailout bill did. Republicans have had a plan, 
actually, for a stimulus that would have actually stimulated the 
economy when we passed the stimulus bill a couple of weeks ago. And 
then now, just today, we voted on a bill that I think is going to 
exacerbate--that's a medical word that means ``make it worse.'' But 
it's going to make the problem worse for the American family.
  In fact, I hope that President Obama will fulfill his promise he made 
to the American people. He said that he did not want to--he would not 
sign a bill that had earmarks in it. This bill today had over 9,000 
earmarks in it. Last night he said that the stimulus bill didn't have 
any earmarks in it, and that's not factual either. That's totally 
false.
  Mr. AKIN. Reclaiming my time. There is a little bit of a gap between 
the rhetoric and what's actually going on here, isn't there? And so 
what you've made reference to is--and this is easy for people to get it 
confused a little bit because this has been happening so rapidly.
  The end of last year, we had basically a Wall Street bailout bill at 
$700 billion. That is a lot of money. That puts us into uncharted 
territory. I know you voted against it. I voted against it. And the 
reason we voted against it was because it wasn't going to work. Quite 
simply, it was not going to work. We spent $350 billion of that, came 
back, and people said, where's the transparency? What happened? You 
know, this thing hasn't been working very well.
  And then, on top of $700 billion, just this last week, or week before 
last, we spent another 800-something billion dollars. At least in the 
House it was 840. They backed it off a small amount. Now, when you put 
$700 billion, $800 billion together, we're talking some change, aren't 
we?
  I notice we're joined by another doctor--this must be doctors night--
from Georgia over in the Chamber, my good friend, Dr. Gingrey, 
Congressman Gingrey. I just would yield some time to you.
  Mr. GINGREY of Georgia. Mr. Speaker, I appreciate the gentleman from 
Missouri yielding. And I will say that every night is doctors night.
  It's always fun to be on the floor, of course, talking about issues 
like this. It's so important to the American people. And of course I 
know you've been talking about the economic ``spendulous'' bill that's 
already passed, already signed into law by President Obama.
  And now today, of course, we vote on this omnibus bill, I think nine 
categories of spending. They were sort of left over, wasn't it, from 
2008, from the last Congress, the last fiscal year. This should have 
been done and completed by October 1st. The end of the fiscal year was 
September 31, 2008. And here we have these nine spending bills that we 
throw into one big package, makes it extremely confusing.
  So it is important, I think, for Members to come to the floor, Mr. 
Speaker, to explain to both Republicans and Democrats, really what we 
did here today.
  And, of course, this bill passed. It certainly didn't pass with our 
vote and our support. And the thing that I want to point out--and maybe 
you've already said this, but if you have, it's okay, because we can't 
say it often enough. The fact that, without considering the economic 
stimulus package, the trillion dollars that's going to help the 
economic recovery bill, without considering that, we have increased 
discretionary spending over 2008 levels.
  And I have a chart to show it. We have increased discretionary 
spending by 7\1/2\ to 8 percent. And I'm pretty sure I'm right on this, 
Mr. Speaker. This was the largest increase in discretionary spending 
since the Carter administration. We have not had an overall 8 percent 
increase in discretionary spending in recent years, certainly not ever 
during the Bush administration, during his 8 years.
  Mr. AKIN. Reclaiming my time for just a minute, I'd like to highlight 
what you just said.

                              {time}  1745

  Because a lot of times what we hear our opponents, the Democrats, 
saying is, ``Well, you don't have an idea. You don't have a plan. 
What's your idea? You're just always saying negative things about 
ours.'' Well, that's not true.
  I mean, just starting with what we did today, the number I saw was 
that there was an 8 percent increase in a whole series of categories, 
an 8 percent increase. Now, the average household in my district has 
not had an 8 percent increase this year in their paychecks, and yet the 
government is going to push this 8 percent. So let's be specific. I 
don't want to be negative here. I would like to say positive things.
  Mr. GINGREY of Georgia. If the gentleman would yield.
  Mr. AKIN. I will yield.
  Mr. GINGREY of Georgia. Mr. Speaker, the story is much worse. We are 
at 8, 8-0. 8.0 percent is bad enough as I tried to point out, but let 
me actually show this chart that I will hold up to my colleagues. I 
thank my physician colleague for helping me with the poster.
  This in the blue shows the amount of spending for each one of these 
categories in this omnibus bill--Agriculture, Commerce, Justice, 
Energy, Water, Financial Services, Interior, Legislative branch, Labor-
HHS, State, Foreign Ops, and Transportation-HUD. This is in the blue--
what we had spent in billions in fiscal year 2008. This is already 
enacted. The red is what we did today. Let's just take these nine 
categories and look, Mr. Speaker, very closely. On Agriculture, we 
increased spending over '08 by 45 percent, Commerce and Justice by 41 
percent, Energy and Water by 151 percent, and on and on and on.
  You might say, ``Well, wait a minute now. You just said the overall 
increased spending was 8 percent.'' What we need to understand is, in 
this economic stimulus package, much of that money was in these 
categories that should have been enacted under regular order. When we 
do these appropriations bills and we go through subcommittee and 
committee in regular order, that money--much of that--was in these 
different categories that had nothing to do, really, with job creation 
or very little to do with job creation. When you add that money out of 
the economic stimulus package to these categories, it's not 8 percent. 
I say to the gentleman from Missouri it is 80 percent--8-0 point, 80 
percent.
  Mr. AKIN. Reclaiming my time, you make an excellent point. So what's 
really going on here is there are two bills that are influencing those 
categories that you show on your bar graphs.

[[Page 5771]]

  The first bill you call the ``spendulous.'' I'm maybe not quite so 
kind. I call it the ``porkulous.'' They've rather nothing to do with 
job creation at all. They had to do with a whole lot of expansion of 
government programs and government spending.
  So, first of all, we took this about $800 billion. Now let's just 
stop for a minute and put that into perspective. One of the things 
that's really big that we buy, if you want to think of big things, is 
aircraft carriers. We have eleven aircraft carriers in our Navy, and we 
protect them. We put ships around them. We don't want people to sink 
our aircraft carriers because they're expensive. Now, if you take the 
average cost of our eleven aircraft carriers and divide this into these 
porkulous or spendulous bills, you've got 250 aircraft carriers. I mean 
I don't know if that would go all the way across the State of Georgia 
or not, but those are a lot of aircraft carriers--250 of them--when we 
only have eleven in the Navy. Now, if you want to get you one of them 
Cadillac kind of aircraft carriers, the extra long version with the 
super electronics and better planes and all, well now, you'll only get 
100-and-some aircraft carriers.
  Mr. GINGREY of Georgia. If the gentleman would yield, with that 
number, if you put them end to end, that could go from Pearl Harbor to 
Wake Island.
  Mr. AKIN. Yes. Reclaiming my time, you could also look at it from 
this point of view, which would be that the interest we pay on that 
amount of money in this porkulous bill would buy nine new aircraft 
carriers every year, just the interest on that money, or you could look 
at it another way. You could say all we've been hearing about is how 
expensive the war in Iraq is. Well, add up every day of the war in 
Iraq. Add it all together. We're talking way more money in the first 5 
weeks than what we spend in Iraq. In the House version, you've put Iraq 
and Afghanistan together, and it's still more money. So this is a 
pretty good chunk of change.
  What you're saying, gentlemen, is that a lot of that had nothing to 
do with jobs. It was just putting more money into government programs. 
So the chart that you show there didn't really show an 8 percent 
increase. What it really showed was way up there. What did you say? 
I'll yield. What was the actual number when you added it up?
  Mr. GINGREY of Georgia. Well, reclaiming my time, of course the 
amount of money, I think, that we were spending in this bill, just in 
the omnibus, was $410 billion, but I think that it's something like 
$300 billion additional. Anyway, overall, it brings it up to 80 
percent.
  You know, you wonder. We heard from the President last night in his 
semi State of the Union Address, and he talked about, you know, fiscal 
responsibility in this budget that he's going to present to us on 
Thursday for 2010 and how it's going to be very fiscally responsible 
and belt-tightening. He has an opportunity, colleagues--doesn't he?--to 
veto this omnibus. This is his first opportunity. What can he say?
  I mean we were criticized by the Democratic--now majority--when they 
were in the minority. President Bush didn't veto one spending bill, and 
on many occasions what came out of the Congress was a plus-up from what 
former President Bush had asked for. So the argument was, if you 
Republicans are fiscally responsible, why wouldn't your President veto 
this spending bill? In the first place, why did you plus them up? Here 
the Democrats said, ``Well, you bring us in, and we're going to change 
all of that.'' Here is the very first opportunity. Well, I challenge 
President Obama:
  Veto this sucker. Send it back, and say, ``You know, we don't need an 
80 percent increase in discretionary spending.'' As you've pointed out, 
Mr. Akin, much of that spending will be there 10 years from now.
  Mr. AKIN. Reclaiming my time, what you're really saying is what we 
passed on this floor today, in and of itself, was an 8 percent 
increase, and that 8 percent increase is the biggest we've had in these 
categories since Carter was President, but that 8 percent is deceiving 
because you can add to it all of the stuff in the porkulous bill or a 
lot of what was in the porkulous bill, and that's going to run it up to 
an 80 percent increase. So what we're really talking about is a massive 
increase in government programs.
  I see my other doctor friend, Congressman Broun, from Georgia. I 
yield to the gentleman.
  Mr. BROUN of Georgia. Well, thank you, Mr. Akin. I just want to point 
out something here, too.
  As Dr. Gingrey has come on the floor, he and I have the mutual 
thought that President Obama has promised the American people that he 
would veto any bill that had earmarks in it. I call upon the President 
to veto this bill that we passed today. It has over 9,000 earmarks in 
it.
  Mr. AKIN. Reclaiming my time, gentlemen, I heard it was 7,500 
earmarks.
  Mr. BROUN of Georgia. Well, whatever.
  Mr. AKIN. He said, if it has earmarks in it, he's going to veto it, 
but what do you think they'll say--that those really aren't earmarks? 
Those things that look like earmarks and that smell like earmarks 
aren't earmarks? Is that what we're going to hear?
  I yield.
  Mr. BROUN of Georgia. You don't know what he's going to say. We heard 
last night that that porkulous bill as you and I call it--I call it a 
steamroll of socialism being shoved down the throats of the American 
public. He said last night in his State of the Nation Address that 
there were no earmarks in that bill. The whole non-stimulus bill was 
earmarks. It was payback to all of the liberal folks who supported him 
and who supported our Democratic majority.
  But the point I wanted to make is that we hear from our friends on 
the left that Republicans don't have any ideas or that they're old 
ideas. The thing is that that's absolutely false in itself. Just on 
today's bill, I offered an amendment that the Democrats would not take 
that actually cut the discretionary spending out of this bill by 10 
percent. American families are cutting their budgets. They're hurting.
  Mr. AKIN. Reclaiming my time, you offered an amendment. It said we 
want to cut 10 percent out of this bill. When you made that amendment, 
did you bring that amendment to the floor, and did you have a chance to 
vote on it?
  I yield.
  Mr. BROUN of Georgia. Well, no, they wouldn't let it. Now, the thing 
is we heard from the leadership on the Democratic side that we were 
going to have a new era of openness and fairness, but we weren't 
allowed any amendments. The Rules Committee ruled that this was going 
to be a closed rule, that they wouldn't accept my amendment or any 
others. The Republican party had another amendment to just freeze 
spending across the board, not increase it, just not bring this bill to 
the floor, just continue to have another continuing resolution to 
continue current spending for the rest of this budget year. That 
wouldn't be considered.
  We've brought plan after plan, project after project. We've brought 
forth to the Democratic majority many ideas that would stimulate the 
economy, that would create jobs, that would leave money in the hands of 
the people as well as small business, that wouldn't borrow from our 
grandchildren, but the Democratic majority won't even consider those 
things, and they've totally shut us out.
  Mr. AKIN. Reclaiming my time, gentlemen, I see my congressional 
friend from Georgia.
  Dr. Gingrey, I yield to you.
  Mr. GINGREY of Georgia. Mr. Akin, thank you. I just wanted to add to 
what Dr. Broun was saying as to that continuing resolution amendment.
  In other words, let's just stay at 2008 levels, the ones that we 
showed in the blue on this chart. Let's just stay right there. Dr. 
Broun was explaining that amendment. In that amendment, if we did 
that--and I'll ask Dr. Broun or I'll ask Representative Akin--how many 
earmarks would be in that?
  I'll go ahead and answer that before I yield back my time. The answer 
is it would be a big nada, zero, none. There would be no earmarks.

[[Page 5772]]

  Now, some Members don't ask for earmarks. I've probably got six or 
eight earmarks. I have, you know, transparent, light of day, good 
things for my district that have been vetted thoroughly, but that would 
wipe out all of my earmarks, and those other 7,500 or 9,000, whatever 
the number is, I'm fine with that, and I think my constituents, in the 
interest of fiscal responsibility, would be fine with it as well.
  So I think that's a point that we needed to make, and I yield back.
  Mr. AKIN. So, reclaiming my time, what we're saying is one simple 
solution would be to freeze the discretionary budget. That would 
probably be the first step of a supply side solution to get the economy 
going, wouldn't it, if we'd just simply freeze discretionary spending? 
Then if what we did was we allowed certain selective tax increases in a 
very short period of time, you'd see the stock market jump, and you'd 
see jobs being created, and the whole economy would start to move 
again.
  I mean this isn't something that's too complicated. It's just several 
of us talking this evening. There are a number of ways it could be 
done. It's not that complicated.
  One of the places that you might start would be with the fact that 
the corporate income tax in America is the second highest in the world. 
You could get rid of all of the little bells and whistles in that 
corporate tax and just knock it back a good number of percent, and that 
in and of itself could have a great influence in creating jobs. If you 
on top of that were to freeze the government spending and were also to 
maintain dividend and capital gains, I don't know how many months it 
would be, but you'd see a neck-snapping turnaround. There are solutions 
to these problems, and the fact of the matter is that the people who 
are in charge now are unwilling to look at those solutions.
  I yield back to Dr. Gingrey.
  Mr. GINGREY of Georgia. Well, I thank the gentleman for yielding.
  Again, I would just make the point that the President is a fantastic 
speaker, and he absolutely can talk the talk as good as anybody, 
certainly as any President whom I can remember going way back to JFK. 
Yet he has not had the opportunity to prove that he can walk the walk. 
I hope he can. I don't have any reason to think that he can't, but he 
does have an opportunity--doesn't he, my colleagues?--with this omnibus 
bill that was passed on the floor of this House today. President Obama 
has an opportunity to show that he can walk the walk.
  Now, if he's not willing to veto this, what possibly could be his 
excuse? Would he say, ``Well, you know, this was something that 
happened in 2008'' or ``this was a fiscal year 2009 budget, and it 
really is leftover business, and it's not my problem. It's somebody 
else's problem''? You know, that would be like an off-duty fireman 
walking in the streets of New York, coming upon a fire and having a 
hose there and a truck and saying, ``Look,'' you know, ``I'm not on 
duty. It's not my responsibility, and I'm not going to put the fire 
out.'' Hey, he's the fireman and chief. It's his responsibility to put 
the darned fire out, and he has got an opportunity to do it. He needs 
to walk the walk.
  Mr. AKIN. Well, reclaiming my time, I guess what can happen down 
here--and we should guard against this--is we can get a little cynical. 
I believe it was the week before last that this House unanimously 
passed a resolution that was saying that we were going to have 48 hours 
to take a look at this 1,000-page bill that was coming down the pike.
  Mr. BROUN of Georgia. On the Internet.
  Mr. AKIN. We were going to have 48 hours because there were 1,000 
pages, and there were all kinds of things in there. Doesn't it make 
sense to allow the staff and different people to read over it before 
they take the vote? Everybody said ``yes,'' so we voted unanimously for 
48 hours.
  The bill comes out. We get our first copy at 11:30 on Thursday night, 
and of course we have lots of staffers sitting around the office, 
waiting at 11:30 at night. The next day, we went straight to a vote on 
this.

                              {time}  1800

  And we're told that this is going to be transparency and openness, 
and it does tend to make you a little bit cynical when we say one thing 
and we do something else.
  Now, the promise has been made here, if there's an earmark, we're 
going to veto it. Now, do any of you want to make any bets as to what's 
going to happen to this little puppy?
  I don't mean to cause you trouble, Congressman Broun.
  Mr. BROUN of Georgia. Well, in Georgia, in my part of the woods, we 
say, ``That's hogwash,'' the claims that we hear.
  We've heard rhetoric, both from the President as well as the 
leadership in this House, about fairness. Well, they're not being fair 
to Republicans with the closed rule so we can't present our ideas and 
all.
  But the thing is, it's not only not fair to Republicans, it's not 
fair to the men and women of America. It's not fair to the working 
families of America. It's not fair to the small business of America. 
Because we're being overrun with this socialistic idea that's going to 
destroy jobs, it's going to create more economic problems, just as we 
saw during the Great Depression.
  All the great spending, all the big growth of Federal Government that 
we're seeing just markedly grow with these ``porkulous'' bills--the 
Wall Street bail-out bill, the non-stimulus stimulus bill we had 2 
weeks ago, the bill we have today, and we're going to get another one 
tomorrow, and we're going to see more and more and more. And the thing 
is, it's not fair to the American people because what we're doing is 
we're killing our economy.
  Mr. AKIN. Reclaiming my time.
  The American people, in a way, have a way to vote. The people that 
have money vote on the stock market, and the stock market has been 
saying, ``We're not buying all of this stuff that's coming out of 
Congress. We're not convinced.'' And the stock market, every time we do 
another one of these massive spending bills, the stock market goes down 
even farther. So that's some kind of an indication that all is not 
well.
  I yield to my friend from Georgia.
  Mr. GINGREY of Georgia. Mr. Speaker, all is not well. And we're not 
talking about our physical health here, but we're talking about our 
economic health. And, indeed, it will lead to poor physical health 
because people will be so frustrated and anxious and depressed.
  One of our colleagues on our side of the aisle, a gentleman from 
Kansas, Todd Tiahrt, I spoke to Representative Tiahrt earlier today, 
Mr. Speaker, and he asked me if I would like to sign on to a bill that 
he is going to introduce in the next couple of days that said, look, 
we're not going to have any more stimulus, any more emergency bailout, 
rescue packages, whether we're talking about General Motors or Chrysler 
or AIG or Bear Stearns or Bank of America--you know, I could go on and 
on.
  Todd Tiahrt is a strong fiscal conservative, and I said, ``Man, I'm 
so glad you're doing that,'' because, as the gentleman from Missouri 
was just saying, the one thing the stock market hates is uncertainty. 
And we have had nothing but uncertainty since the beginning of this 
111th Congress, and they don't know what to expect. So people keep 
thinking, well, am I going to buy a Bank of America stock at $4 a share 
when, the next bit of bad news comes out of Washington, it will be $2 a 
share? And that's exactly what's happening.
  So I say ``hurrah'' to Todd Tiahrt, and I hope his bill will see the 
light of day
  Mr. AKIN. Reclaiming my time.
  One of the things that strikes me and is of great concern to me is 
something that I believe was in the dustbin of history in our thinking 
for many years now, and that was the old Soviet Socialist Republic, the 
USSR. If you think back before the Berlin Wall fell--some of us are old 
enough to remember--that was a formidable--and we were concerned about 
the USSR, but

[[Page 5773]]

we didn't ever believe that its economics were any good because we knew 
they were a bunch of socialists over there. That's what the ``USSR'' 
part was all about. So, in a way, when we saw the Berlin Wall come 
down, we could kind of catch our breath, but we kind of laughed at them 
as saying, ``See, we knew that old socialism wasn't going to work.''
  And what was that country based on? The basic assumption was that the 
government is going to provide you what? Well, I guess one of the first 
things would be the government's going to provide you with education. 
And then another thing the government's going to provide is health 
care, which I know, as a couple of medical doctors, this is something 
that we know a little bit about when the government decides to get in 
the health care business. And then, of course, we're going to have the 
government provide you with food and housing, you see. And then the 
government's going to give you a job.
  And that was the heart--aside from being just sort of antireligious, 
the USSR, that was the heart of their program. The government is going 
to do all of this stuff.
  And now, just a few weeks ago, the cover of a major news magazine in 
America, it says, ``We're All Socialists Now.'' When I saw that, I felt 
a little frustrated, because I'm not a socialist. And the people I 
represent are not socialists. And they didn't like socialism, and they 
don't want the government running everything in their lives.
  Mr. GINGREY of Georgia. Joe the Plumber is not a socialist either. 
It's all about that income redistribution. You remember that phrase?
  Mr. AKIN. Reclaiming my time
  One of the things that's of concern is that if we follow in the path 
of the model that doesn't work, the Soviet Union, with the government 
trying to run all of these things, the government is terribly 
inefficient. People may think and complain to you doctors that medicine 
is awfully expensive today. Well, if they think medicine is expensive 
today, let them get a snout full of what it's like when the government 
runs it, with all of that efficiency. About half of the health care 
dollars in America are already going through the government, and that's 
part of what's made it less efficient and expensive.
  So if we move in the direction of what I'm reading, if you read 
between the lines of the speech last night, we're talking about a 
single-payer system like Canada. And the bill that we passed already 
has the language in it saying the government can ration your health 
care, and I don't think that makes for good quality health care.
  Mr. BROUN of Georgia. As a physician, let me tell you, it's not going 
to. Government regulation is what's driven up the cost of health care 
markedly.
  When I was practicing medicine down in rural south Georgia, as a good 
example, Congress passed CLIA, the Clinical Laboratory Improvement Act. 
I had a lab with quality control because I, as a physician, wanted to 
make sure that any lab test I did was accurate. We spent a lot of time, 
energy, and money making sure that those tests were accurate.
  Well, CLIA shut down my lab. If somebody came in to see me with a red 
sore throat, had white patches on the throat, running a fever, aching 
all over, I would do a CBC, a complete blood count, to see if they had 
a bacterial infection and thus needed antibiotics, like penicillin, or 
if they had a viral infection. Both clinical pictures could be exactly 
the same. Even allergies will present with the same clinical picture, 
even the fever.
  So I would do this simple blood test. I charged $12 for the test. 
CLIA shut my lab down. I had to send my patients over to the local 
hospital, and they charged $75. I could do the test in 5 minutes. It 
would take 2 to 3 hours to get the results from the local hospital.
  Now, what did that do across the whole of the spectrum of health 
care? It markedly drove the cost of--insurance and all health care 
markedly were elevated because of that.
  And Congress, not long ago, passed HIPAA. I call all of these things 
``critters,'' and if you see a critter coming down the pike, you better 
hold on to your wallet because it's going to take a big bite out of it. 
But HIPAA has cost the health care industry billions of dollars and 
hasn't paid for the first Aspirin to treat the headaches that it's 
created.
  So if we get the regulatory burden off of health care and we let the 
doctor-patient relationship be how health care decisions are made, we 
can literally lower the costs. But this ``porkulous'' bill is a giant 
push towards socialist medical care here in America, too. So it gives 
me great concern for me and for my physician colleagues, but it even 
gives me more concern for my patients.
  It's been said around here, if you think medicine is expensive now, 
wait until it's free and provided for by the government. We're going to 
have terrible quality or degradation of quality of health care. We're 
not going to have the innovation. We're not going to be developing the 
new drugs and procedures that we're doing today on the free enterprise 
system, and it's going to be disastrous.
  Mr. AKIN. Reclaiming my time.
  I appreciate you being a medical doctor. You've seen first-hand 
examples where government intervention in the marketplace is driving up 
costs for everybody. And the more areas we get into--just like the 
Soviet Union, when we get into food and clothing and housing and 
education, the more the government gets its nose into all of those 
areas, and the size of the government grows, as we've just seen--it 
wasn't just 8 percent today, but you add the 8 to all of that before 
from the ``porkulous'' bill, we're talking about a massive increase in 
government.
  And the Republicans did make some mistakes. We spent more money than 
we should have, but it's nothing on the scale of what we're talking 
about here.
  We're joined by a very distinguished colleague of mine from 
Louisiana. And, Congressman Scalise, we'd appreciate if you could join 
us.
  And I yield time.
  Mr. SCALISE. Thank you. I want to thank the gentleman from Missouri. 
What we've been talking about is the concern that a lot of us have with 
the runaway spending we have here in Washington.
  And as we all sat in this Chamber last night and listened to the 
President, there were a number of things he said that I think we all 
agreed with. One of the things that he harped on was the concern about 
adding more money, billions and trillions of dollars, to the national 
debt, and I share that concern.
  But I think what's even of more concern is that, if we look at what's 
happened in these last 6 weeks, we've seen not a reduction in spending, 
not a reduction in debts, we've seen a dramatic increase. In fact, in 
just the last 6 weeks since Barack Obama has been President, we've seen 
over $2 trillion added to the national debt. That's a 20 percent 
increase in the national debt. And that's the burden that our children 
and our grandchildren are going to have to inherit.
  Mr. AKIN. Reclaiming my time for a minute.
  You're saying a 20 percent increase in the national debt. So you add 
up all of the national debt since the country was born, you put that 
all together, and you're saying we added 20 percent to that in a period 
of 6 weeks?
  Mr. SCALISE. In a period of 6 weeks between the spending bill that 
was passed and signed into law last week, added $800 billion in new 
government spending--not a bill to help stimulate our economy; a bill 
to massively grow the size of government, many programs, as you 
discussed, that are permanent programs, not one-time infrastructure 
spending.
  The other thing--and tomorrow there will be a bill filed; the 
President will be presenting his new budget. The expectations of what 
we're hearing is that that budget will be over $1 trillion out of 
balance. More money added to the national debt.
  And on top of that, a bill that a lot of us that are concerned about 
this runaway spending voted against, but a bill that passed today was 
this omnibus bill: $400 billion of additional spending, representing an 
8 percent increase in government spending at a time when States and 
families across this country

[[Page 5774]]

are cutting back their spending because of tough economic times. Seems 
like Washington's the only place going on a spending spree.
  It's hard to picture when yesterday you hear somebody talking about 
the dangers of adding more money to the national debt, ironically on 
Mardi Gras day, and it seems like today and tomorrow, when these bills 
are filed, adding trillions more debt, it seems like the same people 
are trying to act like the King of Carnival, throwing beads and 
trinkets to people with more government spending.
  This was a picture that was actually in the New Orleans newspaper 
yesterday on Mardi Gras Day, and it talked about and it shows people 
throwing money, literally throwing money from a float. And it's titled 
``Stimulus,'' and they said, ``We'll worry about the hangover 
tomorrow.''
  And the sad part of it is, it's not our money that they're throwing. 
It's not only the taxpayers' money, but it's our children and 
grandchildren's money that they're throwing, because this is money we 
don't have. This is money that's going to go out and be printed up on a 
printing press because we don't have that money sitting in a bank 
somewhere.
  And so it adds more money--over 20 percent in 6 weeks has been added 
to the national debt. And that's the burden our children and 
grandchildren will inherit. And this has to end.
  Mr. AKIN. Reclaiming my time.
  You're talking about, in the last 6 or 7 weeks, we have added 20 
percent to the debt. And yet, when you take a look at the money that 
we've spent, it's not going to do any good to help us with joblessness, 
it's not going to get the economy going, it just is flat not going to 
work. Because we can already see that it didn't work when you used the 
same approach during the ``Raw Deal'' or the New Deal. Henry Morgenthau 
says it won't work. He's the guy that engineered the plan. He says it 
won't work. And the Japanese tried it, and it didn't work for them. And 
yet we have solutions to the problem that will work which are being 
ignored.
  You know, gentlemen, one of the things that I think we have to be 
careful of: We are in a very difficult time in America right now, and a 
lot of people recognize that.
  And we'll have to continue this next week on Wednesday. And I really 
appreciate my good friend from Louisiana joining us, Congressman 
Scalise.

                          ____________________




REVISIONS TO THE 302(a) ALLOCATIONS FOR THE COMMITTEE ON APPROPRIATIONS 
                     FOR FISCAL YEARS 2008 AND 2009

  The SPEAKER pro tempore (Mrs. Halvorson). Under a previous order of 
the House, the gentleman from South Carolina (Mr. Spratt) is recognized 
for 5 minutes.
  Mr. SPRATT. Madam Speaker, under section 301(c) of S. Con. Res. 70, 
the concurrent resolution on the budget for fiscal year 2009, I hereby 
submit for printing in the Congressional Record revised 302(a) 
allocations for the Committee on Appropriations for fiscal years 2008 
and 2009. Section 301(c) of S. Con. Res. 70 directs the chairman of the 
Committee on the Budget to adjust discretionary spending limits for 
certain program integrity initiatives described in section 301(a) of 
the concurrent resolution. A corresponding table is attached.

DISCRETIONARY APPROPRIATIONS--APPROPRIATIONS COMMITTEE 302(A) ALLOCATION
                        [In millions of dollars]
------------------------------------------------------------------------
                                                     BA           OT
------------------------------------------------------------------------
Current allocation:
    Fiscal Year 2008..........................    1,050,478    1,094,944
    Fiscal Year 2009..........................    1,011,718    1,106,112
Change for H. R. 1105 program integrity
 initiatives:
    Fiscal Year 2008..........................            0            0
    Fiscal Year 2009..........................          968          892
Revised allocation:
    Fiscal Year 2008..........................    1,050,478    1,094,944
    Fiscal Year 2009..........................    1,012,686    1,107,004
------------------------------------------------------------------------

                                                             

                          ____________________


                              {time}  1815
                       30-SOMETHING WORKING GROUP

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 6, 2009, the gentleman from Connecticut (Mr. Murphy) is 
recognized for 60 minutes as the designee of the majority leader.
  Mr. MURPHY of Connecticut. Madam Speaker, we are here to convene what 
has unfortunately become a little bit more infrequent in this 
legislative session, our 30-Something Working Group. We're so glad that 
the Speaker of the House has once again convened the 30-Something 
members of the Democratic Caucus to work on issues affecting not only 
our generation of Americans who are struggling like everyone else with 
this very difficult economy, but also on behalf of all Americans who 
are crying out right now to the Obama administration, to this Congress, 
to both Democrats and Republicans, to step up to the plate and help 
them start making ends meet.
  And we're going to be here today with my colleague, Mr. Altmire--
hopefully we will be joined a little bit later by one of our new 
members of the 30-Something Caucus, Mr. Boccieri--to discuss really 
what I think is becoming a historic moment in this Nation's history as 
President Obama challenges this Congress and this Nation to do two 
things; to step up to the plate and enact short-term stimulus to create 
jobs in this country, to put people back to work, to make banks start 
lending again, and to get our economy recovering, but also to do 
something else; to recognize that this economy has been imperiled for a 
very long time by a weak energy policy, by a crippling health care 
system with rising costs, and a relative lack of investment in 
education compared to those countries that we compete with. And his 
challenge to us last night was to do what we need to do now and to come 
together to rebuild this economy in the short term, but also in the 
long term.
  Now, Madam Speaker and my colleagues, I got to hear just the end of 
the presentation of our colleagues who spoke before us on the floor. 
And it is, I think, amazing to many of us to see this newfound interest 
on behalf of the Republicans on this floor of the issue of fiscal 
responsibility and deficit reduction.
  As President Obama pointed out last night, this administration has 
inherited the largest debt in the history of this Nation. Coming after 
the Bush administration, which took a national debt from $4 trillion to 
nearly $10 trillion, who racked up more debt for this Nation in one 
administration of 8 years than every single other President combined, 
that's what this Congress inherits.
  The Republicans who controlled this House for 12 years sat by idly as 
our children and our grandchildren were put in hock. They ignored the 
growing weakness of our health care system and the burden that it 
placed on small businesses. They ignored the fact that our energy 
system was being held hostage by those who produce oil and gas 
overseas. And they let our education system and our investments therein 
wither away, as Head Start got cut, as special education funding got 
cut, as higher education and financial aid funding got cut. And all of 
a sudden we woke up overnight to the fact that our economy was in great 
peril and that we owed $10 trillion to the rest of the world.
  For 8 years, the Republicans and the President stood here on the 
floor of this House and down Pennsylvania Avenue in the White House and 
allowed all of this to happen, meanwhile, pursuing a system of vast 
deregulation and laissez-faire policies on Wall Street, which then 
ultimately created the crisis that occurred last summer. A lack of 
investment in health care reform, an inattention to energy policy, and 
a withdrawal from education investment combined with a strategy of 
whatever Wall Street wants Wall Street gets, and we find ourselves 
where we are today.
  So I appreciate hearing from our Republican friends that now we 
should start paying attention to the debt. We absolutely should. And 
President Obama set a mission before us last night to halve the 
American deficit in the next 4 years. We're going to accept that 
challenge. But the fact is that the Republicans are Johnny-come-
latelies to this debate. We wouldn't be in the situation that we are 
today if we had had more friends on the Republican

[[Page 5775]]

side of the aisle who practiced what they preached when it came to 
fiscal responsibility.
  It's the very reason why Mr. Altmire and Mr. Boccieri and myself are 
here. We were sent to Congress to fix this mess. We were sent here to 
represent districts that were represented by Republicans for a very 
long time because people in our districts are waking up to the notion 
that if they really cared about the debt that was being levied on their 
kids, that maybe it wasn't the Republican Party that was best to carry 
that banner.
  We're going to talk about positive steps that this country and this 
Congress can take from here on out to start lessening that burden. 
We're going to tighten our belts, we're going to get our revenue and 
expenditure policy straight, we're going to start stimulating this 
economy again. We're going to talk about positive things. And I bet you 
there is going to be plenty of opportunity for Republicans and 
Democrats to agree on that. But I think we should also agree on what 
the history of this institution is and the fact that this President and 
this Democratic Congress inherited an absolute fiscal mess from the 
Republicans.
  So I appreciate the charts and the graphs and the Newsweek covers and 
the political cartoons that get brought up here in the Republican 
Special Orders, but there is a certain amount of revisionist history 
that's happening here. And the 30-Somethings have always been about 
trying to talk about how we can move forward, but also about making the 
record very clear for the American people. And I think it is 
appropriate that we do a little bit of both today, that we talk about 
our path forward--the very difficult one that we are going to have to 
chart--but we also make it very clear what the division is on these 
issues and what our history has been, Mr. Altmire.
  Mr. ALTMIRE. And I thank the gentleman from Connecticut. And the 
gentleman is absolutely correct on a number of points. He mentioned 
that he came to this Chamber for this discussion just as the previous 
group was wrapping up. I had been here a little bit longer and got to 
hear some of what they had to say, Mr. Murphy and Madam Speaker.
  Mr. Murphy mentioned that we have a Republican Party that is joining 
the debate and having the discussion. I didn't hear a whole lot of 
joining the debate going on. I heard a lot of, as the gentleman from 
Connecticut said, revisionist history. And one of the items of 
revisionist history that I'm most intrigued by that you hear not just 
during these Special Order debates, but from talk show hosts around the 
country, and others, is the revisionist history that Franklin Roosevelt 
had nothing to do with the recovery that took place after the Great 
Depression. I don't recall learning that in school when I was growing 
up. I don't recall that talking point being a part of the discussion. 
But now we're hearing a lot about, well, the New Deal really didn't 
work, and nothing that was accomplished by that administration solved 
any of the issues that they inherited during the Great Depression.
  And I think about that when I hear some of the discussion that our 
colleagues on the other side bring to these Special Orders. And many of 
them have become friends and colleagues and people that I admire. But 
the discussion that I hear, I wouldn't consider that to be a debate. I 
don't think that we're hearing good faith efforts to reach compromise 
and to work together. I think what we're seeing is a lot of finger 
pointing. I think we're seeing a lot of blame being cast around and a 
lot of passing the buck because, as Mr. Murphy said, we have not yet 
heard anyone own up to the fact that this Nation is in the economic 
crisis that it is in today because of the policies of the very recent 
past. And we can point fingers and we can cast blame, and that's not 
what this is about, that's not what we're doing today.
  But it is instructive to think about how we got to where we are. And 
when you hear prescriptions being put forward for getting us out of 
this incredibly deep ditch that we find ourselves in, the people who 
are bringing forward these prescriptions have a record, they have a 
record of success or not. So I think the reason it's instructive to 
look at the decisions that were made in this Congress that led us to 
where we are today, when you hear people stand on the floor and say, 
here's my point of view, this is where I'm coming from, this is the way 
I think we can get ourselves out of this economic situation, let's take 
a walk down memory lane. Let's think about, well, what is that person's 
track record in voting for economic plans?
  And I do want to remind Mr. Murphy and Madam Speaker that we have a 
country now, eight straight budget deficits, these deficits are now 
forecast as far as the eye can see, we all know that. And we're going 
to talk about the economic recovery plan tonight and we're going to 
talk about the details of what was in that plan and what was not in 
that plan, equally important. Because I heard a lot of discussion about 
things that weren't even related to what was in the economic recovery 
plan. We'll have that discussion in a moment.
  But what's important to think about when you consider what 
individuals have credibility and what groups have credibility when 
talking about the budget deficit and which do not, it has to do with 
the fact that these eight straight budget deficits that we've had 
followed four consecutive budget surpluses that President Bush 
inherited. And one of the things about the economic situation that we 
find ourselves in is when we get out of this--and we will, as a Nation, 
get ourselves out of this, as the President said last night--when we 
get out of this, we're going to be able to step back and look at the 
fiscal policies that worked and didn't, and look at the people who were 
in power that made those decisions that led to success and lack of 
success on the economy. Because it's a pretty clear discussion that you 
have when you say, here's the economy that President Clinton had, a 
very slow economy, to put it kindly. He had an enormous budget 
deficit--the largest budget deficit ever recorded was under President 
Bush's father up to that time--President Clinton inherited that 
situation. When President Clinton left office, the four straight budget 
surpluses that I was just discussing--and those surpluses were forecast 
as far as the eye can see, the 10-year budget projection, as we've 
talked about many times, Mr. Murphy, was $5.6 trillion over 10 years. 
That was in surplus. If we had just kept in place the fiscal policies 
that we had at that time when President Bush put his hand on the Oath 
of Office--Bush 43--if we had just kept in place those fiscal policies, 
we could have nearly paid down the entire national debt as it existed 
to that time now 8 years later. But of course we didn't keep those 
fiscal policies in place, we went in a completely different direction, 
which is the way it works; when one party controls the White House, 
they implement certain policies, when one party controls Congress, they 
implement certain policies. When the same party controls both the White 
House and Congress at the same time--as happened during the first 6 
years of President Bush's term--they chose to take the economy in a 
completely different direction, and boy did they ever. The economy went 
in a completely different direction than those four straight budget 
surpluses and one of the fastest periods of expansion and growth in 
economic history in America.
  So now we find ourselves with a new administration. And yes, that 
administration has a Congress that is of the same party affiliation, 
and we will see how that plays out. But where I'm going with this, Mr. 
Murphy, is, policy discussions in the future, you will be able to see 
very clearly what happened during the Clinton administration with the 
economy, what happened during the Bush administration; where did they 
begin, what did they leave their successor? And of course history has 
yet to be written about where President Obama leaves the economy. But I 
think it's safe to say it couldn't possibly be worse than what he 
inherited.
  Mr. MURPHY of Connecticut. Would the gentleman yield? And you have to 
look at all of the different ways that we got here and all of the 
different

[[Page 5776]]

ways we can start to repair this. And I just think of one right now. 
You talk about what would have happened if we just continued the 
policies of the Clinton administration. Obviously one of the things 
that changed the financial dynamic in this country is the fact that we 
decided to go wage a $700 billion war. And if that wasn't bad enough, 
we did it all off budget.
  And that's one of the great untold stories of the Bush 
administration. No matter what you think about the war in Iraq--whether 
you think that we should have never gone, that we should have left 
earlier, that we should leave now, that we should stay for another 5 
years--the fact was that maybe the first year of funding could have 
been deemed emergency off-budget funding, and maybe even the second 
year, but in the third and the fourth and the fifth and the sixth year, 
this wasn't a surprise to anybody. But one of the ways that we masked 
the amount of money that we were using for that war was we put it all 
off budget, and so it didn't make the annual deficit look as bad as it 
really was.

                              {time}  1830

  With one stroke of a pen, President Obama changed that. He said, you 
know what, no matter how bad it's going to make the numbers look on a 
yearly basis, we've got to start having some honest books here. We have 
got to start having some real accounting. So President Obama said, 
listen, from here on out, and he said this last night in his speech and 
he said it when he made this change in budgeting rules on Friday, we're 
going to put the cost of the war in both Iraq and Afghanistan online. 
It's going to be part of the budget; so we're going to have to pay for 
it. We're going to have to pay for it.
  Now, frankly, Mr. Altmire and Mr. Boccieri, when it comes to 
protecting the American people, I think people are willing to step up 
to the plate and make some sacrifices to do that. Now, we may disagree 
about what that entails, but in the days after September 11, this 
country was ready to step up and sacrifice. This country was ready to 
step up and pay for whatever it took to protect this country. And I 
really congratulate President Obama for stepping forward and saying, 
listen, yes, I want to get out of Iraq; yes, I think I need to step up 
our commitment in Afghanistan; but for however long that takes and 
however much it costs, we're going to do it in the confines of a 
budget. We're going to have an honest budget, an honest document. The 
American people are going to see the numbers however raw or bad or ugly 
they may be, but we're going to be honest about it.
  And I think that's what people out there are asking for, Mr. Altmire. 
I mean we're back in our districts every weekend, and as bad off as 
people are right now, as difficult as the times are, I think they're 
willing to sort of see a path forward. They know it's going to be hard, 
but they want to know how hard it is, how big the challenge is, and 
then they are, I think, ready to step up. But we've been masking the 
problem up until now. And I think President Obama has got some room 
right now in order to basically put it all on the table, be honest with 
the people about what the problem is, and then ask us to step up to the 
plate and solve it.
  And he's facing right now Republican opposition, if I may make one 
more point, whose answer to every solution is let's do nothing. 
Everybody on the Democratic side has agreed or disagreed with different 
parts of the economic recovery strategy, but at least we're over here 
trying to think of a way out of this. The response from the other side 
has been essentially to just sit back and let the economy tumble into 
chaos. The American people want action. They want to know how big the 
problem is, and they want to step up to the plate and help solve it, 
Mr. Altmire.
  Mr. ALTMIRE. I thank the gentleman.
  And as I indicated earlier, one of the things that I think the 
American people find so troubling about the direction the debate is 
taking, let alone the policy implications, is exactly what the 
gentleman from Connecticut talked about, that there appears to be a 
strategy of betting on success for the Democratic side and the 
Republican side appears to be betting on failure. I will leave it to 
others to speculate on what their desire is for the outcome. We will 
trust their motivations, but they certainly think that we're in failure 
mode.
  Now, I find that to be very troubling because I want to have a 
Congress that works together where all sides are heard. And President 
Obama made every effort to reach out to the Republicans and solicit 
their opinions. And I do think, Madam Speaker, that when you hear 
things like we heard earlier, a discussion on how this economic 
recovery plan that we passed was going to lead to government-run health 
care, well, there is no provision in that recovery plan that alludes 
to, relates to, correlates to, leads to government-run health care. It 
is not in the bill that we passed, which is now law. There is no 
provision for the field mouse in San Francisco that we heard so much 
about. There are no earmarks in the bill. We heard when the President 
referenced earmarks, there was derision from the other side last night 
during the President's remarks, which I think the American people find 
disingenuous because there are no earmarks in the bill. There are zero 
earmarks.
  So when I'm thinking about how I'm going to vote and I'm thinking 
through what's in the bill and what my constituents want me to do and I 
have people weigh in with an opinion, one of the things I'm going to 
consider is what's their motivation in offering that opinion, but is it 
an informed opinion? And if an individual comes up to me and complains 
to me about field mice in San Francisco or earmarks in the bill or how 
the bill is going to lead to universal health care, it's pretty clear 
that person has either not been truthful about what's in the bill or 
not made an effort to learn what's in the bill. Neither of those leads 
to good policy decisions. And I think that's what the gentleman from 
Connecticut and I are getting to.
  So I am going to have the very, very high honor at this time of doing 
something that we don't do very often here in the 30-Somethings. We 
have five core members, Ms. Wasserman Schultz from Florida, Mr. Ryan 
from Ohio, Mr. Meek from Florida, who are the leaders and the 
originators of the group from back before Mr. Murphy and I were able to 
win election to this House. Mr. Murphy and I have participated and are 
going into our second term now. So we are very honored tonight, and as 
everyone knows, Madam Speaker, who watches this over the airwaves, we 
have just a tremendous fan base for the 30-Somethings. There are 
countless individuals.
  Mr. MURPHY of Connecticut. At last count, Mr. Altmire, it was up to 
seven.
  Mr. ALTMIRE. A handful of people that do actually pay attention to 
the 30-Something Group. So for them this is a very exciting moment 
because we are tonight going to initiate a new Member into the 30-
Somethings with his maiden 30-Something speech, a great Member also 
from Ohio; so he is very close geographically to both Mr. Ryan and my 
district, which is in Pennsylvania. And at this time for all of those 
30-Something junkies that are out there and pay attention to what we 
have to say, the very small group that that is, I would turn it over to 
Mr. Boccieri from Ohio.
  Mr. BOCCIERI. Thank you, Mr. Altmire, and thank you, Mr. Murphy, for 
allowing me to participate in this great experience of serving in the 
House of Representatives here. It's truly an honor and truly a 
privilege for a grandson of a carpenter and a coal miner and a 
steelworker, who my parents were the first in their families to go to 
college and I have two successful brothers. One's a chemist and a 
pharmacist and the other is in the military. So to serve here is truly 
an honor.
  And, Madam Speaker, I will tell you that people are listening and 
they do care and they do want to learn about what we're doing here in 
the House of Representatives. And I said this when we were debating the 
American Recovery Act and the bill that was going to help put America 
first. We talked

[[Page 5777]]

about how this great Nation is in a great recession and that we are 
finding ourselves in nearly almost double-digit unemployment in Ohio, a 
great State, a great manufacturing State that has suffered 
disproportionately to the rest of the country. We have seen jobs pack 
up and move overseas, families struggle. We have seen families lose 
entire pensions, lose their way in terms of finding health care for 
their family, being able to put bread on the table. And I will tell you 
the good people of Ohio want to work. They want a job. They want to 
punch a time clock. They want to carry a lunch pail because they 
believe that hard work and perseverance are what has built this country 
and made it strong and made it what it is today.
  But yet we find the decisions that we have made here, and both 
Democrats and Republicans, in my humble opinion, share the culpability 
of this, but the decisions that we have made here need to empower our 
country, empower our workforce so that we can build roads and bridges 
and build the new technologies of tomorrow right here in our great 
State, like what is happening in Pennsylvania, like what is happening 
in Connecticut, in the northeast, in New Hampshire. All over this 
country, we have people who believe, like my grandparents did, that 
with a little bit of hard work and perseverance that America is the 
place where your hopes and dreams could be realized. And they played by 
the rules. They punched the time clock. They worked for 30 years at a 
steel mill. But yet when that company packs up and moves overseas and 
they give all the money back to the holders of their common stock and 
the like and those folks who have invested in the company, but yet the 
people by the sweat of their brow punched the time clock, helped build 
America for what it is today are left with nothing when that company 
packs up and moves overseas, like we have seen repeated over and over 
and over again in Ohio.
  And it's time that our generation of Americans stands up and demands 
more and demands that we put America first, that we invest in our 
workforce, our greatest asset of people, that we invest in the things 
that are going to make our country and our economy stronger.
  And I pledge to you, as a 30-Something here with this great, fine 
distinguished group of legislators, that we will work to find answers 
to things that plague America, that challenge America, but not answers 
that will divide us along a partisan divide because at the end of the 
day, these are not Democrat or Republican challenges, they're not 
conservative or liberal challenges; they're American challenges. And 
they deserve an answer from both sides of the aisle. But we can't have 
the same politics of yesterday if we are looking towards tomorrow. And 
that's what I hope this group speaks about. That is what I hope this 
group will continue to champion.
  I have heard you on the floor before I was ever a congressman. I've 
seen both of you stand up for what is right and what is honorable for 
our country to move forward.
  And as a matter of point for this Economic Recovery Act, I will tell 
you this: That I think America is obviously in a great recession, and 
we will be judged as Members elected to lead this Nation in two 
measures: by action or inaction. And I challenge my colleagues on the 
other side of the aisle who just want to talk about small parts of this 
bill that perhaps may draw a little bit of emotion but when you look at 
the entirety of the bill, it's about investing in our country, in our 
people, and what will make America and our economy stronger. And we 
will be judged by what we do, whether we act or whether we don't, 
whether we block or whether we lead.
  But we didn't hear from those who are opposing this when we spent a 
trillion dollars in Iraq to rebuild roads and bridges over there to 
make sure that they have new wastewater treatment facilities, new 
hospitals. We didn't hear about the fact that we're spending 
unbelievable amounts of money to make sure that they have the access to 
capital over in this country. While they're running up surpluses with 
their oil revenue, we're running down deficits. And in 2004 former 
President George Bush's Secretary of Health and Human Services, Tommy 
Thompson, flew to Iraq with one of many billion dollar checks in hand 
to make sure that every man, woman, and child in Iraq had universal 
health care coverage. A trillion dollars, my fellow Americans, are over 
in Iraq making sure that Iraqis have universal health care coverage 
while we have families in Ohio that right now will not send their kids 
to the dentist because they can't afford it because they lost their 
job. There's a huge disconnect.
  So we need to understand, are we going to block or are we going to 
lead? Are we going to invest in our people and in America or are we 
going to rebuild Iraq? This is a defining moment for our country 
because a trillion dollars invested in our country at the end of the 
day is going to make our country stronger.
  Mr. MURPHY of Connecticut. Mr. Boccieri, you're seeing on the ground 
in Ohio what Mr. Altmire is seeing in Pennsylvania, what I'm seeing. 
People look at Connecticut sometimes and they have an image of 
Connecticut as one big suburb of New York and they think that we're all 
set and the economic downturn isn't going to affect a place like that. 
Let me tell you there are cities in my district, small cities of 50, 
60, 70,000 people, that started this recession at 12 or 13 percent 
unemployment. That's what's going on even in Connecticut where you look 
at the per capita income across the board, and we are one of the 
wealthier States in the Nation. We have pockets of unemployment and 
poverty that will rival any other place in this Nation. They are cities 
in my district that used to be the brass city and the silver city and 
the hardware city, places that made things. Well, they don't make 
things anymore, in part because of the neglect that the prior 
administration showed for our manufacturing base as they allowed these 
jobs to bleed out into our foreign competitors. We didn't reinvest. We 
didn't protect our manufacturing base, but we also didn't try to find 
what was next.
  And what President Obama talked about last night was, as I said at 
the outset, a twofold strategy. Let's put a plug in the dike right now. 
Let's stop this bleeding of jobs. This stimulus package that we 
supported is going to create or save 3.5 million jobs in this country, 
thousands of jobs in each of our congressional districts. But it's also 
going to start us on a path forward to try to replace a lot of the lost 
manufacturing base, much of which may not be coming back. President 
Obama said, listen, energy, clean, green technologies can be the future 
of this country, and he challenged us as a Congress to step up to the 
plate and chart a new path forward.
  Mr. Boccieri, you rightly said that the real focus of this group, the 
30-Something Group, needs to be on trying to talk about how we can come 
together. We would have loved for some of our Republicans to join us on 
the stimulus package that, by the way, in a new poll that came out has 
shown to be supported by 65 percent of Americans. By a 2-1 margin they 
support this stimulus bill. They are just as concerned about the debt 
as they are about any subject out there, but they recognize the need to 
do something right now.

                              {time}  1845

  And we came down here in the first days of the last session, as we 
pursued our ``100 Hours Agenda'' of starting to roll back a lot of the 
damaging policies of the Republican Congress. And we showed that, on 
bill after bill, we had Republicans supporting us on every single one 
of those measures, whether it was the minimum wage, whether it was the 
College Affordability Act, whether it was the stem cell legislation, 
the recommendations of the 9/11 Commission being implemented. We had 
dozens and dozens of Republicans supporting us on all of those 
measures.
  And we are going to get that type of bipartisan cooperation again, 
because what we are going to put out there, what President Obama is 
going to place before the Congress is going to be an agenda for 
America, whether you are

[[Page 5778]]

represented by a Republican or a Democrat.
  So I know there is a lot of focus on the cable news shows right now, 
Mr. Speaker and my colleagues, on the division in this place. But I do 
believe, Mr. Boccieri, that we are going to chart a course forward, 
both in the short term and the long term, that can bring both of these 
parties together.
  But we've got to convince our Republicans that the solution is not, 
as you put the dichotomy, inaction; that they have got to commit 
themselves, and the American people wants them to, to action. Once they 
do that, we will be able to forge a path together.
  Mr. ALTMIRE. The gentleman was correct in pointing out where the 
middle-class Americans in this country were before this recession even 
started. And the economic policies that were in place actually led to a 
decrease in real dollars of median household income over the 8 years 
President Bush was in office. And that was the case even before the 
recession started in December of 2007, a real decrease in median 
household income over the term in office.
  Now, that's not something that people in western Pennsylvania want to 
hear. That's something that was a cause of alarm that was not dealt 
with in previous Congresses or by the administration.
  And, unfortunately, what we had was, in the early part of the 
administration especially, the enormous spending that took place, 
without pay-as-you-go budget scoring--which we have talked about many 
times--without that offset that says, very simply, you have to have 
money on one side of the ledger if you want to decrease revenue or 
spend more money on the other. It's a very simple concept. We all do it 
in our own home checkbooks and every business in America has to do it, 
balance budgets. If you want to spend more, you have to pay for it 
somewhere else in the budget.
  Well, that wasn't happening, and the outrageous spending that took 
place, running up literally trillions of dollars in debt, was running 
the country on a credit card. We have talked many times about the 
policies that were put into place as a result of that, all the spending 
that took place. They were running the country on a credit card. Well, 
guess what? Like any credit card that any American would use, 
eventually the bill comes due. And that's what this recession is about. 
The bill has come due.
  Now, with any credit card, there is interest that's accumulated with 
that. And we have talked before and it's incredibly important to the 
discussion to think about when you think, where are we going to go with 
this stimulus plan, is this the right course of action. One of the 
largest line items in the entire Federal budget is interest on the 
national debt. It's going to be somewhere in the neighborhood of $300 
billion this budget year for just interest on the national debt--$300 
billion. That's a lot of money. That's money that's going to interest.
  And that's because of the decisions that had been made in the past, 
but there is nothing we can do about that. There is nothing we can do 
about what was in place when President Obama took office and when the 
111th Congress took office. But what we can do something about is where 
do we go from here. So we have talked enough about how we got here. 
Where do we go from here?
  It was the vast majority of the American people and certainly the 
majority of both the House and the Senate believed that the best course 
of action was to immediately inject some funding into the economy, yes, 
in the temporary way that's going to increase our debt even more, which 
is what we heard from the previous special order. But the cost of doing 
nothing would have increased the debt even more.
  Because when you have a downward spiral in the economy like we have, 
when you lose 500,000 jobs in November, 550,000 in December, 600,000 in 
January, and you see that that is going to be the continuing process if 
we do nothing, those are people that are no longer taxpayers, because 
they are out of work. Those are people that, in many cases, are now 
receiving social services, often Federal money; that, instead of paying 
into the system, are receiving from the system by the hundreds of 
thousands every month with no end in sight, if we do nothing.
  The economy, the economic slowdown, the lack of credit, the 
foreclosures that take place, all of that, along with unemployment, 
increases our debt more in the long term and even the short term than 
we had to do with our stimulus. So that's what that was about. It was 
about putting money back in the hands of the American people through 
tax cuts that affect 95 percent of the American people, a tax cut for 
95 percent.
  It's about putting money in every sector of the economy, spreading it 
and casting that net as wide as we possibly could to connect to every 
community in the country and make sure that they can share in the 
economic recovery that we hope this plan leads to.
  There is no guarantee of what that level of success is going to be. 
In fact, there is no guarantee of success at all. We are very hopeful, 
but there is one guarantee: If we had done nothing, the situation would 
get worse. That is the guarantee.
  Mr. Boccieri.
  Mr. BOCCIERI. I agree with the gentleman from Pittsburgh. I have 
heard from all of our orientations and briefings that we received from 
nearly 200 economists, the most conservative to the most liberal, have 
all said that the United States Government has to do something.
  And there's only two things that we can do. We can work with the 
administration and the Federal Reserve to manage interest rates so 
people can get an auto loan, so they can go and take out a student loan 
or go to college, or they can take out a mortgage and buy that dream 
home that they have always wished for, or we can inject huge amounts of 
capital into the market to help stimulate the economy, to help recover 
our economy. This isn't going to be the be-all and end-all of economic 
woes.
  In fact, I have told many Ohioans that this will act as a backstop 
against further job loss and create jobs along the way and invest in 
America. And that's what it should be about.
  I mean, leadership is about action, not just a position. Leadership 
is about action. And when we take action to invest in our people, 
invest in our roads, rebuild our bridges, rebuild our schools, and 
invest in what is our greatest asset, the American people, we are going 
to make our country stronger.
  And Senator Webb said in his book recently--I will throw him a shout-
out here, you know, Senator Webb said the health of a nation, the 
health of a society should not be measured at its apex or at its top, 
but at its base, at its base. Because that's where the majority of the 
people work every day to make the living, live the American dream. And 
they are what are America is about, the hope and promise of America 
that was often talked about on the campaign trail last year.
  You know, I just look at my family's history. The hope and promise of 
America is in my family. And they have worked so hard to allow that to 
happen, but they couldn't have done that without a strong government 
that understands that measured approaches to help put our people back 
to work, measured approaches that will invest in key things and 
strategic things that are going to make our economy stronger and our 
people stronger are about what we should do.
  And I can tell you that when we look at this American Recovery and 
Reinvestment Act, it's just exciting what we are talking about doing 
here. And the President said this yesterday in his speech to the 
Nation, when he said that we are going to have a visionary approach to 
how we approach the 21st-century economy.
  Those green energy jobs, that in 3 years we are going to double our 
green energy production. We are going to invest in plug-in hybrids like 
we are researching right here in the 16th Congressional District in 
Ohio. We are going to invest in fuel-cell technology like we are doing 
right in the 16th District in Ohio. And we are going to invest in 
biomass research like we are

[[Page 5779]]

doing in the 16th Congressional District.
  Those are going to create jobs back home. Those are going to put 
people to work, move away from our dependence on foreign oil. And God 
only knows that we need to move away from our dependence on foreign 
oil. Forty percent of our Nation's demand comes from the Middle East, 
and we allow our country to be subject to what OPEC decides for us? No, 
we can inject this capital to create the jobs of tomorrow and move away 
from our dependence by research and technology.
  This is what we have done. This is what we have done to make our 
country stronger. So I submit to you that leadership is about action 
and not just position. We have to do something to make our country 
stronger.
  Mr. MURPHY of Connecticut. Mr. Boccieri, just to give you a little 
perspective on what the folks that are running local governments, the 
folks that are at the real foundation of our system that are struggling 
every day with this company going out of business or this company not 
being able to expand, let me tell you what they are saying, all right?
  The mayor of Oak Ridge, Tennessee, Tom Beehan, says, ``The stimulus 
package is going to be huge for Oak Ridge. There is money in the 
stimulus package for environmental cleanup, and it's heading this 
way.''
  The mayor of Columbus, Ohio, Michael Coleman, says, ``The stimulus 
package will stop the freefall, and it is going to lead to growth in 
the future.''
  The Phoenix mayor, Phil Gordon, ``This will actually create jobs with 
the private sector in all different areas.''
  Alabama State Representative Jimmy Martin says, ``Until the stimulus 
passed, Alabama was looking at laying off 8,000 teachers next year, 
increasing class sizes to historic proportions and, in the process, 
wiping out the progress we've made in the past 5 years. The stimulus 
package will change that reality.''
  And the Wisconsin insurance commissioner, Sean Dilweg, says, ``We 
know the cost of health care premiums for unemployed workers makes it 
difficult for them to purchase coverage. The COBRA subsidy in the 
stimulus bill will make it much easier for families to continue their 
health care coverage.''
  These are local leaders with boots on the ground talking about how 
this is going to affect their community. They are backed up, as I said, 
by the 65 percent of Americans, in today's survey, that support this 
bill as well.
  And, Mr. Boccieri, talking again about that contrast between action 
and inaction, well, for those of us who listened not only to President 
Obama's address last night but listened to the Republican response, 
listened to our former colleague here, Bobby Jindal, give the response 
to that speech, well, you know, maybe we are not giving him enough 
credit, there were a couple of alternatives that they posed, but 
essentially the alternatives were to go back to the economic philosophy 
and the economic strategy that got us into this mess in the first 
place.
  The alternative to our plan for action seems to alternate between 
inaction or a reversal back to the policies of the Bush administration; 
in effect, trying to use and leverage this economic crisis as a means 
to further decrease taxes for people in this country making enormous 
incomes who, frankly, right now in this moment of economic crisis, 
don't need that additional subsidy from the government.
  I think, going forward, that we are going to have cooperation here. I 
think, as our friends on the other sides of the aisle do go back to 
their districts, they are going to hear a command from their 
constituents to come to the table and try to be a part of the solution. 
They are going to hear what I just enunciated for my colleagues from 
local officials who are crying out for this help in the private sector 
and, frankly, on the public side.
  This package is going to predominantly, to a large extent, create 
jobs in the private sector. That's our focus right now. But it is also 
going to protect the jobs of some teachers and some firefighters and 
some cops out there that our communities badly need, Mr. Altmire.
  It's a prescription to get this economy back up and started towards 
recovery. Mr. Boccieri is right; you know, this isn't salvation, this 
is a life raft. This is something that is going to be able to bridge us 
to real recovery. And I hope that, in the end, we are going to get a 
little bit more bipartisan cooperation on it, Mr. Altmire.
  Mr. ALTMIRE. I thank the gentleman.
  Tomorrow, on Thursday, we expect the President to drop off his budget 
here in the Congress so we can all have a look at the details of the 
plan that were discussed last night.
  And what I find so exciting and so refreshing about the approach that 
we are going to see with this budget is we are going to consider the 
economic policies, moving forward, in their entirety. What are some of 
the major issues that affect every family, every individual, every 
small business, every business in this country? Well, energy, health 
care, and education. Those are three things that have been neglected 
for a very long time in Congresses both Republican and Democrat.
  But that is over, because we have a President, as we heard last 
night, who understands that the only long-term solution to the economic 
problems that we have today is to solve our energy crisis, our 
dependence on foreign oil that Mr. Boccieri referred to.
  We have to find a way to improve our health care delivery system, to 
increase access, so that we don't have 43 million Americans that lack 
any health insurance, we don't have small businesses that experience 
double-digit cost increases year after year. Less than half of small 
businesses in the country are able to offer health care to their 
employees at all.
  And by including in the discussion on the economy health care, 
energy, and education, we are taking a comprehensive look at the future 
of America, at the issues that are going to allow America to remain the 
preeminent Nation in the world for knowledge and innovation and 
technology.
  And that's something that, by looking at it together, we are going to 
be able to continue that success, dig our way out of the ditch that we 
are in right now with the economy, but not forget about the issues that 
have to be a part of that, moving forward, including a look at 
government spending, as we have talked about, and the other policy 
issues.
  Mr. Boccieri.
  Mr. BOCCIERI. Thank you.
  The gentleman from Pennsylvania is very appropriate in his remarks. 
And I will tell you that, you know, from a freshman's perspective, I 
think this bill that made it through the Congress was the eighth wonder 
of the world. And you out there listening may wonder why: Because there 
were no earmarks in the bill, and there were no earmarks to specific 
districts in the bill.
  And I considered that the eighth wonder of the world, because Article 
I, section 1 of the Constitution said the Congress will make 
appropriations. We will appropriate the funds for the projects, for the 
public policy that we believe is most important to move our country 
forward.
  We talked about financial stability a little bit, about how we need 
to make our economy stronger.

                              {time}  1900

  Well, it comes with prudent reforms that we need to make within Wall 
Street, within the stock market, because it doesn't make any sense at 
all from this economics major at St. Bonaventure University, the fact 
that we are allowing speculators to drive our economy.
  The laws of supply and demand have seemingly been thrown out the 
window, and we are allowing people to bet on the price of fuel going 
up, people to bet on the price of commodities going up, like grain and 
cereals and those sorts of things, bet on people foreclosing, bet on 
people failing to pay their mortgage. To me, that sounds like a recipe 
for disaster, and we need some stability in our financial markets, and 
we need an administration like President Obama is going to enact to 
make sure that the Securities and

[[Page 5780]]

Exchange Commission and those regulatory agencies for our financial 
markets are going to do the jobs that we empowered them to do and to 
bring to justice those people who are manipulating the economy.
  I can tell you that many people are struggling back home. In fact, 
people are working so hard. In fact, a recent study that was done late 
last year found that people of average means, average working-class 
families, are working 18 percent harder, yet their wages have started 
to decline and stagnate and go down while their tax burden has gone up.
  Now, the top 1 percent of the country has seen their wages increase 
and their tax burdens reduced because of the last administration's 
policy that will reward the wealthiest of our country. Those folks who 
have the means to pay and help determine public policy for our country 
to invest in the things that are going to make our country stronger, we 
are giving them the breaks when we should be giving the breaks to the 
middle-class families. Remember what Senator Webb said. The health of a 
society is measured not at its top, at its apex, but at its base, 
because it is the base that invests the most into this country.
  I tell you, I was so proud to hear President Obama say and to be 
strong as our Nation's leader and perhaps the leader of the free world 
suggest that we will make it through this crisis. We will make it 
through this crisis. America has seen tough times before, and he said 
that the weight of this crisis will not determine the destiny of our 
Nation. And he was so right, that we have the wherewithal to get 
through this.
  To my friends on the other side who are going to prepare their charts 
and graphs and talk about exploding Federal deficits, we need to 
understand that President Obama inherited this. He inherited $1 
trillion that was spent on Medicare part D, but yet families and 
seniors back home still can't get their prescription drugs and 
pharmacies are struggling.
  We spent $1 trillion in Iraq to rebuild roads and bridges over there. 
President Bush thought we needed to make that investment, to make sure 
that every man, woman and child in Iraq had universal health care 
coverage. We gave $1 trillion in tax cuts to the wealthiest Americans.
  Well, it is time that we focus on the middle class, not on the apex, 
but on the base of our Nation, and we do that by investing in the 
people that have made this country stronger and will make this country 
stronger.
  One last point I want to make here before we wrap this up this 
evening. We talk about the budget deficit. This country since its 
beginnings has carried some sort of debt, from the Revolutionary War on 
up through the present time we find ourselves.
  In 1946, in 1946, after this country made it through the Great 
Depression and made it through World War II, the government was 
spending more and borrowing more than the economy could produce; 
spending more and borrowing more than the economy could produce. Right 
now we are at 38 percent of what the economy can produce. After this 
investment in America and we are on the road to recovery, we will be 
about 50 percent. We still have to pay this off, that is acknowledged, 
but we are in a great recession, and we will have the political will 
and the economic wherewithal to pay down this debt and get it closer to 
the margins that President Reagan saw back in the eighties, right 
around 28 to 30 percent. So we need to make those decisions. President 
Obama talked about that resolve. We will make it through this time.
  Mr. MURPHY of Connecticut. Mr. Boccieri, I think about a company in 
my district that makes parts for cosmetics containers. It is a company 
that has been profitable for years. It has had a solid line of 
business. In fact, during this difficult economic time, it has seen its 
orders drop off by a few points here or there, but has been stable, has 
had its revenues remain constant. Yet because the banking system is 
frozen up, because they can't get access to lines of credit and to 
inventory capital, they have shuttered that company. They have shut it 
down. They have temporarily furloughed all of their workers until they 
can hopefully figure out a means to start operations again.
  To them, inaction is not an option. They have done everything right. 
They have kept their business running. They have struggled to contain 
health care costs, to get the costs of production down, to continue to 
reach out and grow their business, and yet they are laying off dozens 
of employees in my district because they can't get access to capital.
  The people they are laying off have done everything that we have 
asked of them as well. They have shown up to work, made a great 
product, invested in their company, invested back in their communities. 
And now they are left without a job. Now they are left without health 
care. Now they are asking how they are going to be able to continue to 
pay for their child's education, where they are going to find the next 
job.
  Well, similar companies all around my district and their town are 
doing the same thing, and they know that inaction isn't an option 
either. They are part of that 65 percent of Americans who want this 
Congress to move forward on a strategy of stimulus. We have to do 
something, because inaction, because ``nothing'' simply isn't going to 
be the answer for this economy.
  For that one company, that story that can be told dozens of times 
over in my district, hundreds of times throughout Connecticut and 
thousands of times throughout this Nation, that strategy about taking 
on the lack of access to capital for businesses, that strategy of 
growing jobs as an alternative to the people who have been laid off, 
that is going to be the answer.
  I am proud to be part of this Congress. I am proud to be ready to 
answer President Obama's charge that he left us the other night. And I 
am proud to be part of the 30-Something Group that over the course of 
the next weeks and months is going to challenge the country and 
challenge this Congress to come together and provide solutions for 
those very people.
  Mr. ALTMIRE. I thank the gentleman. I will take the opportunity to 
wrap up.
  We have, over the last two election cycles, heard the message from 
the American people. I think the first time around it was a referendum 
on the policies of the past, that they wanted to move in a new 
direction and they weren't happy with the way things had gone. But the 
second election, the one that we just came through several months ago, 
was about turning the country around and moving in a new direction, and 
that is what we have done. We can have disagreements. I am sure the 
gentleman from Texas is going to express some of that disagreement 
following us, which is great. That is what democracy is all about.
  But I do want the American people to consider, Madam Speaker, that 
they have got what they voted for over the past two election cycles. 
They got a change in direction. They got new policies in this Congress, 
new policies at the other end of Pennsylvania Avenue. And we are all 
hoping for success. I am sure my friend from Texas is hoping for 
success as well. We need to turn the country around.
  But I do want the American people to know that this Congress and the 
new administration are dedicated to moving this country forward, to 
implementing the changes that the American people voted for and asked 
us to engage on in their behalf.
  So I would thank the gentleman from Connecticut and thank the 
gentleman from Ohio and welcome him to the 30-somethings. And I would 
say that any American who wants to learn more about Mr. Boccieri and 
the 30-Something Group can go to the House Web site, which is 
speaker.gov/30something with the number 30, and learn all about our new 
member from Ohio and any other member of the 30-somethings they want.
  Mr. MURPHY of Connecticut. We are hopeful that, eventually that Mr. 
Ryan and Mr. Meek and Ms. Wasserman Schultz, the veterans, will join us 
down here so that not only can the

[[Page 5781]]

American people learn something about them on the Web site, but they 
can see them down here returned to their roots on the House floor as 
part of the 30-Something Working Group.
  I thank the Speaker for giving us this time.

                          ____________________




  PAYING TRIBUTE TO THE LIFE OF GRAY PARSONS OF WILKES COUNTY, NORTH 
                                CAROLINA

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from North Carolina (Ms. Foxx) is recognized for 5 minutes.
  Ms. FOXX. Madam Speaker, I rise today to honor a fallen hometown hero 
from Wilkes County in North Carolina. Gray Parsons, a Millers Creek 
firefighter, fell in the line of duty earlier this month while 
responding to a fire near Wilkesboro, North Carolina.
  Parsons was a dedicated member of the North Carolina Forest Service's 
Fire Attack Support Team, where he had served for the past 10 years. 
His funeral was a tribute to his many years of service to the local 
community as local fire departments from across Wilkes County came out 
in force to honor Gray Parsons' life.
  Many of Parsons' friends and family have said that giving his life in 
the line of duty was just how he would have wanted to go. He was a 
committed firefighter, a skilled chain saw operator, and an amazing 
wizard when it came to repairing anything mechanical.
  He was generous with his always-ready smile and his hands were 
continually working to help others. His coworkers knew Gray Parsons as 
a man who was dedicated to his work. In fact, the day he responded to 
his final fire in Wilkes County was his day off, but he had spent the 
day helping his partner at the Forest Service finish a project. That 
was just the kind of person he was, generous, hard-working and 
committed.
  The Wilkes community hailed Parsons as a model local hero at his 
funeral. His life inspired everyone who knew him for his kindness and 
indefatigable pride in his work and those he served.
  He was a true American hero, an everyday man, who took pride in the 
uniform he wore and who loved to serve his community and protect those 
in danger.
  He will be profoundly missed and will leave a gaping hole in the 
Wilkes County community, Forest Service and local first responders. My 
thoughts and prayers are with the friends and family of this great man 
who gave his life in the service of others.

                          ____________________




                     TREATING ALL CITIZENS EQUALLY

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 6, 2009, the gentleman from Texas (Mr. Carter) is recognized 
for 60 minutes.
  Mr. CARTER. Madam Speaker, I thank you for recognizing me this 
evening.
  I was real pleased to see our 30-Something Group over there has 
expanded their folks, a lot of new faces, and new faces are good for 
Congress. It is good to see them, and even though my in my opinion they 
are a little misdirected, they certainly are entitled to their opinion. 
I am not here to debate them tonight. Maybe some other night I might be 
here for that purpose.
  Tonight I am here because I have been raising and talking about an 
issue here in the last couple of weeks, probably now going on a month, 
about a change in the tax law that I proposed in the form of a bill 
that I introduced here to instigate the ``Rangel Rule,'' which would 
allow ordinary citizens to be treated as nicely as Charlie Rangel, the 
chairman of the Ways and Means Committee, who by his own admission on 
the floor of this House failed to pay taxes for a period of quite a 
long time, something like 10 years or better. But he did catch up on 
those taxes when he finally realized kind of, whoops, I messed up for 
about 10 years, and maybe I ought to pay these taxes. It may have been 
a longer period of time than that. I don't know. It is not really 
relevant to the issue. The issue is that he was not assessed any 
penalties or interest by the IRS.
  I really have a hard time figuring that out, because I have talked to 
a lot of people back home in Texas who have like not filed their taxes 
on April 15th, but have gotten an extension, and they ended up filing 
like on August 15th or October 15th, which is not a real long delay, 
nothing to compare with like 10 years or 20 years or whatever the 
period was. But they all got assessed penalties and interest by the 
IRS, and we really don't like to think that just because somebody 
happens to be the chairman of the Ways and Means Committee that they 
should be treated any differently than, say, those folks back there 
that I talked to in Texas or the folks that have contacted me from all 
over the country on this issue.
  So I have been raising that issue, and in all fairness tonight I want 
to be fair to Chairman Rangel, because he is a man that, of course, 
this House highly respects. There are other issues that have to do with 
Mr. Rangel. We may go into some of those tonight. But in all fairness 
to the chairman, maybe I should have expanded this rule a little bit, 
because there are others who have issues that need to be dealt with, at 
least talked about.
  You know, the current Secretary of the Treasury, Tim Geithner, I 
guess he had some issues that he had with taxes too. His were very 
confusing to me, because the other day, I couldn't find the board 
tonight, but we had a picture of a letter that a company sent, a fairly 
sizable check around $30,000-plus that was sent to Mr. Geithner, 
telling him here was his money he was supposed to pay his taxes with, 
and he was signing, by the obligation of this form, he was obligating 
himself to pay his Social Security and Medicare taxes.

                              {time}  1915

  And that he, by the signing of this document said, ``I sure will. I 
promise you. I give you my word, that I will pay these taxes.'' And 
then, whoops, he just kind of let it slip his mind for about 4 years. 
And, in fact, it had completely slipped his mind until he became the 
subject of discussion in the United States Senate about whether or not 
he had a clear conscience to serve as the Treasury Secretary of the 
United States. At that point in time, he realized that, ``Uh-oh, I 
believe I forgot something. I believe I forgot to pay my taxes for 2001 
and 2002 and 2003 and 2004 and maybe some more.'' And so he rushed in 
and he paid those taxes.
  Now, he didn't pay them all because he was slick enough or smart 
enough or maybe good lawyer, if he's lawyer, enough to know that the 
statute of limitations had run on 2 years of these taxes he was 
supposed to pay. And so I think he relied upon that statute to prevent 
him from having to pay that amount of money. But he, like Chairman 
Rangel, he did some hustling and some catching up, and he caught up and 
he paid his taxes.
  Now, you know, it's real upsetting to the IRS when people don't pay 
their income taxes. They get real upset about it. But my experience of 
being a lawyer and a judge for, well, going on 30-something years is 
that they get particularly irritated when you don't pay the Social 
Security and Medicare taxes you're required to pay, because they kind 
of feel like that's a whole lot bigger crime than slipping up and 
miscalculating on your income tax.
  And they get downright serious about that. I've seen them padlock 
people's businesses over failing to pay those taxes. I have a good 
friend that used to run a place called Big G's in Round Rock, and he 
got padlocked all the time back in the '70s when I represented him. And 
he always got slapped with heavy penalties and heavy interest.
  But Mr. Geithner, Secretary Geithner, he finally paid some of those 
taxes, and he paid some taxes, some interest. But once again, just like 
Chairman Rangel, he wasn't assessed any penalties for intentionally not 
paying his taxes. And I say ``intentionally'' only by the state of the 
evidence that has been presented and the fact that he signed a document 
addressed to the IRS in which he pledged to them that he knew that the 
check they had sent him was for taxes and he knew he was obligated to 
pay those things.

[[Page 5782]]

  So, with that sworn statement, I think it's pretty fair to say he 
intentionally didn't pay his taxes. Now, you know, he may have had just 
a temporary lapse of memory, but let's hope not, because we really 
don't want to think that the man that's in charge of the monetary 
system of the United States has that kind of temporary lapses of 
memory. I mean, we, as American citizens, certainly don't look for that 
quality in a Treasurer. And so I think we ought to be concerned about 
that.
  So I guess what I'm starting off to say here is that I don't want Mr. 
Rangel to think that I'm just mistreating him by himself, because I 
really don't intend to do that. I really think it's time for us to look 
at all these issues that are ethical issues that seem to have come up 
in the majority since the Democrats have been in charge of this 
Congress.
  And, you know, it's kind of funny. I think it's really amazing. There 
are polls that show that the American people really think that the 
Democrats have only been in charge of this Congress since President 
Obama got in office. But, I mean, that's a mistake. This is actually 
the third year that the Democrats have been in charge of this Congress. 
So those things that everybody talked about last year that they thought 
the Congress did very poorly, and many seem to point the fingers at the 
Republicans, at that time the Republicans were not in charge of this 
Congress. This was the Democrats' Congress. They are in charge of it. 
They decide what comes to the floor and what doesn't come to the floor. 
They set the policies of this Congress at this time, and they have for 
the last almost 3 years.
  So back when the Republicans were in charge, they talked about a 
culture of corruption. I'm not talking about a culture of corruption 
yet, but I am talking about certainly some lapses in ethical behavior 
on behalf of our colleagues.
  And as our President, who, by the way, made a very nice speech last 
night, and many of us were very taken back by his speech--and we all 
recognize his very good talent at speaking to the American public. 
President Obama is a very skilled speaker. And I sat right there in 
that chair right there, and I listened to the whole thing, and I was 
impressed.
  But he's had a little problem with some of his people that he's 
gotten to go to work for him. Besides the ones that we just talked 
about--and Secretary Geithner got away with what he had to do. I guess 
if we're going to have the ``Rangel Rule,'' we might have the 
``Geithner Getaway,'' because he certainly got away with not paying his 
taxes for a period of time.
  But, you know, Secretary of State, who was a candidate for the 
President of the United States, Hillary Clinton, she also had some 
issues that people got concerned about and probably should be. Her 
husband's foundation, President Clinton's foundation, received over 
$500,000 in donations from foreign governments and foreign nationals, 
and we've asked President Clinton's wife, Secretary Hillary Clinton, to 
be our representative to those foreign nations. There are strict 
guidelines about accepting donations like this, but it seems that those 
restrictions didn't seem to apply to her.
  Of course, she's been confirmed and she does represent us with all 
foreign countries and all the foreign representation in the world. She 
is our agent. She speaks for us. The question we have is, is it ethical 
to take donations from foreigners and then serve this Nation as our 
representative with foreign nations? Is that the right kind of 
behavior? Is that the ethics that this House ought to be standing up 
for and the Senate ought to be standing up for? Could there be a 
conflict of interest here that we really should have discussed? Because 
she's negotiating with nations, many of whom have contributed to a 
foundation which furthers issues that are important to Bill and Hillary 
Clinton.
  So, you know, she's there, and I'm sure that she's going to do a good 
job. I certainly hope so. But I think we at least ought to ask these 
ethical questions about Secretary Clinton.
  Governor Richardson from New Mexico was another one that the 
President of the United States thought would be an outstanding Cabinet 
member. He was man enough to actually pull his name down because there 
were being issues raised in New Mexico about payments of pay-for-play 
schemes with companies that were involved with the State of New Mexico. 
And rather than bring this ethical lapse to the forefront, he thought 
it was better if he just stayed in New Mexico and dealt with his issues 
there, rather than having to bring them up here to Washington. That's 
good. It's a good thing. It looks like, after two or three tries, we're 
finally going to hopefully get a Commerce Secretary here.
  So the whole point of being here tonight is to point out that you're 
not hearing a lot about it but there are an awful lot of ethical lapses 
of judgment that are going on in the Congress these days. And they seem 
to be all coming from the ruling majority.
  I see that I have a friend here that has joined me. He's always a 
good friend, and he always comes to my aid when I'm standing alone, and 
that's my good friend and classmate, Dr. Burgess from Texas.
  Dr. Burgess, I'd like you to join me and give us your ideas on some 
of the subjects we're talking about and any other subjects you want to 
talk about. I'll yield you such time as you may choose to consume.
  Mr. BURGESS. I thank the gentleman for yielding. And as always, it's 
a pleasure to join him on the floor of the House. He has such good 
ideas.
  And, certainly, the concepts talked about tonight are something that 
have perplexed me, perhaps not the individuals involved, but the 
concepts involved have perplexed me for years, because our Tax Code is 
complicated. It turns out it's so complicated the chairman of the Ways 
and Means Committee, the committee that's charged with writing our tax 
laws in this country, they've written laws that are so complicated they 
can't understand them and they cannot follow their own law.
  Now, the judge very kindly has introduced legislation that if we're 
going to grant dispensation to the chairman of the Committee on Ways 
and Means, perhaps we ought to grant that same dispensation to others 
who are at a less high station in life and perhaps find themselves just 
as unfortunate when trying to deal with our very complicated Tax Code.
  The fact is, Madam Speaker, the Tax Code does not need to be so 
complicated. There are great ideas out there for simplifying the Tax 
Code. The good news is that 80 percent of the people in this country 
think that Congress ought to do something. They don't identify whether 
they think the Republicans ought to do something or the Democrats ought 
to do something, but Congress ought to do something about the 
complicated Tax Code that people have to follow.
  We've got the chairman of the Ways and Means charged with writing the 
tax law, cannot follow the tax law because it is too complicated. We've 
got perhaps the smartest financial mind in the world, the man that was 
chosen as the President's Secretary of the Treasury, who has been 
charged with dealing with this very harsh financial environment in 
which we find ourselves, who, in spite of that high station in life and 
in spite of that keen, incisive intellect that is going to allow him to 
chart that course through these very turbulent economic waters, can't 
fill out his income tax, even when aided by TurboTax.
  But I'm all about solutions, and I'm here to offer the solution that 
is going to uncomplicate the lives of these two very powerful and 
important public figures, public figures that we know we need to get us 
through these turbulent economic times.
  Madam Speaker, I spent my life in health care. And we were deprived 
of one of the bright lights in health care, a former Senator, Tom 
Daschle, who had to withdraw his name from consideration because of 
difficulties with reporting taxes. And, quite honestly, it is difficult 
to know you have a car and driver that someone gives you, is that 
something you have to report as income?

[[Page 5783]]

  We could simplify this process and eliminate these problems that 
would allow us many more great public servants to be able to come to 
the fore and help us with these vexing problems, economic turbulence 
and the difficulty with our health care system.
  Now, I was a doctor back in Texas for over 25 years. You know, the 
old saying goes, ``There's nothing as certain as death and taxes.'' But 
I will tell you that sometimes the taxes seem a lot more complicated 
than death. The Tax Code was created in this very body some 96 years 
ago, back in 1913. And it has grown from--you know, we talk about the 
length of bills today. In fact, we had one on the floor that stretched 
up halfway to the ceiling. But the initial Tax Code was 400 pages. Now 
the Tax Code stands at well over 67,000 pages, and the complexities are 
well-known. But they don't need to be there.
  Part of the problem is, over the 96 years since the Tax Code was 
introduced, men and women on both sides of the aisle who were well-
meaning have attempted just a little bit of social engineering into the 
Tax Code, and the result is this very complicated, complicated 67,000-
page structure that we have in front of us today.
  And it's creating problems for those of us who want to be in 
compliance with the law. We're desperate to be in compliance with the 
law. And every single American simply trying to comply with the law and 
fill out their taxes by April 15th is supposed to be familiar with all 
of those 67,000 pages of the tax rules.

                              {time}  1930

  Again, you consider a man as brilliant as the Secretary of the 
Treasury, Timothy Geithner. He couldn't understand and had difficulty 
filing his taxes. Well, you've got to wonder does your own tax attorney 
understand everything that's in those 67,000 pages, because when it 
comes to the Tax Code, ignorance of the law is no excuse. So we must 
fix the Tax Code.
  Americans don't always see eye to eye on every issue. In fact, you 
saw evidence of that here last night, but again, 80 percent of the 
American people, according to American Solutions, think that the system 
of the way we go about filing and collecting our taxes needs major 
change. Everyone knows the problems. Every year, Americans waste 
billions of hours and billions of dollars complying with the complex 
Tax Code. In 2005, the average taxpayer paid almost $2,000 in household 
compliance costs. That means, you know, you've got to work several days 
a week just to pay the cost of paying someone to fill out your taxes 
because you don't want to make a mistake because things could go very 
badly for you. You might lose an opportunity to serve your government 
at the very highest level if you don't do this correctly.
  I brought a little poster to share with the Congress. Again, I'm 
doing this in the spirit of generosity in offering a possible solution. 
I realize there are other solutions out there, and by no means do I 
intend to disparage other solutions that people are willing to talk 
about, but this is just one idea that's out there.
  It was developed by my predecessor, Congressman Armey, when he was in 
the House of Representatives here for many, many years. He wrote a book 
called the Flat Tax, and I remember buying the book in 1995. I believed 
in the book. I thought, certainly, by 1996 or 1997 that Majority Leader 
Armey would have had that enacted into law. We sit here now over a 
decade later. It's time. It's time for just this type of change. Let's 
go through it. It's so simple, Madam Speaker.
  It's just a little bit of personal information: Name and Social 
Security number; a spouse, if you have one, and the Social Security 
number; you write down your income, your personal exemptions; you add a 
couple of lines; you calculate the tax; you multiply it by the taxable 
income calculation--17 percent in this legislation that I introduced 
last week that, interestingly enough, is called H.R. 1040. It makes it 
easy to remember.
  So, if you're following along at home and are wondering what is this 
panacea for our tax problems, H.R. 1040: calculate your taxes; 
calculate the refund; send it in. What did it take? All of 30 minutes--
30 seconds. I beg your pardon. We have trouble with zeros here in this 
Congress. It takes all of 30 seconds, and you're done.
  You don't have to keep that shoe box full of receipts. You don't need 
to go online and download a program that you don't understand. You 
don't need to have the concern that you filed a tax return that is in 
error and that you're going to be held accountable for that. No more 
expensive tax attorney bills. The hours of stressful research into 
preparing your taxes, think of what Americans could do with those hours 
if they were no longer bound to their desks in their houses, really, 
literally between now and April 15. There's no telling how many nice 
spring weekends are going to be spent sifting through that shoe box 
full of receipts. No more of Congress' picking one special interest 
group over another to reward in the Tax Code, and no more potential 
leaders of the free world who'll be having to pull their names out of 
contention because they can't comply with a very complicated Tax Code.
  So, again, I come here tonight in the spirit of goodwill, in the 
spirit of offering solutions. We should be about solutions.
  One of the things on the bill that I introduced, H.R. 1040, is a flat 
tax, but I'll have to say that Congress doesn't always know best, and I 
trust the American people to know best in their situations. If a family 
has constructed its finances around the IRS code, it would be wrong for 
Congress to simply come in and change all the rules of the game all at 
once. So this tax would be optional. People would have a period of time 
when they could opt into a flat tax. If they'd constructed their 
family's finances around the complicated Tax Code and they wanted to 
continue to file under the Tax Code, they could do so, but boy, if 
they're ready to kick that shoe box of receipts over into next week and 
take that weekend off that they were going to spend doing their taxes, 
that would be their choice. We should give Americans the power to 
choose, the power to make that choice as to whether or not they would 
like to opt into a fair or flatter tax.
  A flat tax would be much less costly. Taxpayers could save $100 
billion a year just on the cost of compliance. The result in increased 
personal savings would be a stimulus package that could have an 
immediate effect on the American economy.
  Well, Madam Speaker, we live in a very political time, and this 
concept that I'm offering tonight is done in the spirit of offering 
solutions, in the spirit of cooperation to Members on both sides. I 
encourage people to look at H.R. 1040. Give me your ideas. Certainly, 
the bill has been introduced. Cosponsors are on the bill even as we 
speak, so there is an opportunity for other Members of Congress to 
cosponsor this legislation.
  Again, you think of the difficulties the judge has already pointed 
out. He has had to introduce a bill called the Rangel Rule so the poor, 
little guy in his district who gets caught in the tax trap can at least 
have the same consideration in the tax courts that we gave to the 
chairman of the Ways and Means Committee.
  We've got the Geithner getaway. We've had the Daschle dodge. All of 
these issues could have been avoided if we would have simplified the 
Tax Code. It is within our power to do it. The American people are 
looking to us for solutions. They're not looking for partisan rhetoric. 
They're not looking for one side to gain an advantage over the other. 
They want us to work together on big issues like this. Eighty percent 
of the American people feel that the simplification of the Tax Code is 
something that is well-nigh due for the American landscape--filling out 
your taxes on a postcard, making it simple, giving that time back to 
your families. Yes, people need money nowadays, and the economy is 
rough, but boy, if you can give people back time, that is extremely, 
extremely significant. So we're going to give back money and time with 
a simplified tax form.
  Madam Speaker, I am so grateful to my friend from Texas for yielding 
me

[[Page 5784]]

time to talk on this very timely and important subject. We're just a 
few weeks away from the tax filing deadline, and many of us are going 
to lie awake at night and are going to wonder: By golly, am I going to 
have to file for the Rangel Rule because I made a mistake on my taxes, 
and now someone may be coming after me?
  Fortunately, they've got Judge Carter looking after them, and the 
gentleman from Texas has introduced his very forthright legislation, so 
we're trying to protect you on both sides. Maybe this is a preventative 
medicine flax tax where you won't even have the problem, but the judge 
has the remedy if you've gotten into difficulty with the Rangel Rule 
and with the Geithner getaway.
  I appreciate the judge's holding this hour tonight.
  Mr. CARTER. Reclaiming my time for questions to my colleague.
  First off, I'm very aware that my colleague has been a strong 
proponent of the flat tax as we've been here in Congress, and I 
appreciate his coming up again and giving us his special message about 
what he sees as a solution to this problem. If I could ask you a 
question, Dr. Burgess:
  On the issue of Senator Daschle, who took about $180,000 worth of car 
rides or something, would this form solve that problem? Would that 
still be income to Mr. Daschle under the flat tax?
  Mr. BURGESS. You know, Judge, you've asked a very good question. My 
understanding is it would not. We would simplify his life by his not 
having to keep up and keep tally. Everything that was offered as part 
of his compensation package would be considered under the 17 percent 
flat tax.
  Mr. CARTER. That's the answer. I was wondering about that because it 
sure would have helped Senator Daschle in his quest to serve at the 
cabinet level of this administration if he hadn't had to claim those 
things, but of course, I guess we know under the present Tax Code--and 
most everybody knows--that if somebody spends money on your behalf, you 
gain benefit from spending money on your behalf.
  I mean most all of us around here have to catch a cab every now and 
then. Shoot, it doesn't take any time at all before you run up a $15 or 
$20 cab fare. So I guess, in having a car drive you all over town for 
several years, you ought to kind of in the back of your mind figure 
that somebody's paying for this, and it's certainly not you, and 
they're doing it on your behalf, and you're getting the use of it, so 
maybe you ought to at least think about the fact that it ought to be 
income to you in some form or fashion.
  It certainly was a benefit. I think that maybe Senator Daschle ought 
to be jumping up and down to be promoting the flat tax over with our 
colleagues on the other side of the aisle so he can, maybe, stay out of 
this kind of trouble the next time he comes along and somebody wants to 
make him one of the Secretaries of our administration.
  I guess Mr. Richardson could have some benefit from the flat tax, and 
Mr. Geithner might even have some benefit from the flat tax. In fact, 
you've come up with a solution, and I want to thank you for coming up 
with solutions. Now, I have some friends who would argue that the fair 
tax also would be a solution, but we won't go into that today.
  Mr. BURGESS. If the gentleman would yield, that is a fair 
observation. Again, by coming here tonight and talking about something 
that has been important to me for well over a decade, by no means do I 
mean to say that this is the only concept that's out there. There are 
other people who have good concepts. We ought to have the debate as a 
body and take good ideas from all within the body and come up with the 
answers to the tough questions. This is what the American people sent 
us here to do. If we can find a better way, if we can deliver time and 
money to the American people, then we should do so.
  Mr. CARTER. Reclaiming my time, Dr. Burgess, in a sense of fairness 
to our colleagues, I've come up with the Rangel Rule.
  Do you think that I should seek to amend the legislation to expand 
the definition or the title of this rule where it's not just all on 
poor Chairman Rangel's back? Maybe we could call it the Rangel/
Geithner/Daschle/Who is Next Rule on paying taxes.
  Mr. BURGESS. Well, if the gentleman would yield, he has posed a 
question that is technically very complex, and as just a simple country 
doctor, I'm probably not qualified to render an opinion on the title of 
his legislation.
  Mr. CARTER. Truly, it's not a good night to go into the complexities 
because I think everybody knows it's pretty simple, that if you have to 
pay penalties and interest when you fail or if you just make a mistake 
on your income tax--and my colleagues who sit around this House would 
be in that same boat, I assume, because they're not the chairman of the 
Ways and Means Committee--then maybe the chairman of the Ways and Means 
Committee ought to pay those penalties and interest, too. If he 
doesn't, then maybe none of us should.
  That's the whole idea behind the Rangel Rule. It's a simple rule. 
Just write at the bottom of your tax form ``wish to exercise the Rangel 
Rule,'' and all penalties and interest would be excused. What a joy 
that would be for so many taxpayers in the United States. It would be a 
bipartisan effort because it wouldn't just be for Republicans or 
Democrats or even Independents. It would be for everybody.
  Mr. BURGESS. If the gentleman would yield, I love the spirit of 
forgiveness that he has embodied within this legislation.
  Again, my purpose in being here tonight was to offer a possible 
solution. I think Members of Congress should be about solutions. The 
American people want to see us be about solutions. This is one that is 
widely embraced and polls very well, but I would yield the floor back 
to the judge, and would certainly, again, thank him for his 
forthrightness and for his leadership in holding this special hour 
tonight.
  Mr. CARTER. Well, I appreciate your coming back up here and telling 
us about the flat tax. I think the flat tax is a concept that all 
Americans, no matter what party they're a part of, should at least have 
the patience to take a look at. The flat tax is for the simplification 
of the public's life because, really and truly, we spend overtime 
around this place complicating Americans' lives. I believe they would 
be blessed to no end if we would just spend a little time de-
complicating their lives.
  This last week, in fact, I got off the phone tonight. A fellow asked 
me about that stimulus package. He said he watched John Boehner drop 
that thing on the floor here and scare everybody in the room. He wanted 
to know was that really the stimulus package or was that just something 
he dropped to get people's attention. I said, ``No, that was it,'' and 
that was very complicated.
  I think, honestly, everybody would say that, in the 12 hours that 
that stimulus package was available to Republicans and to many 
Democrats, nobody, even the best speed reader wasn't able to read that 
almost 1,100 pages and decipher what it meant. Unfortunately, I happen 
to be a fellow who has had to deal with deciphering what the law means 
for a long time.

                              {time}  1945

  And some of the Federal laws are written in such a way that, you know 
what? It takes an act of Congress to figure them out, as we say back 
down in Texas, because they are very complicated, and we complicate 
people's lives. So the flat tax may be an idea whose time has come that 
we won't complicate people's lives.
  The purpose of talking about all of these issues that concern the 
ethical behavior of this House is because it has been the subject of 
the 30-Something Group which preceded me here for at least 4 years that 
I know of. I have sat in the chair where the Speaker is sitting right 
now and heard the 30-Something Group accuse people in this House of 
corruption. I haven't accused anyone of corruption because I think, 
actually, that's beyond the pale of what Members of Congress should do.
  I just said that there is ethical lapses that have to be discussed, 
and if they

[[Page 5785]]

turn out to be more than that, that's for someone other than me to 
discuss. That's for someone like the Ethics Committee or the Justice 
Department to deal with, but not for me to deal with.
  I'm certainly not accusing anyone of corruption here tonight. But I 
am very concerned that we put sunlight on the types of behaviors where 
Members of Congress have failed to do the responsibilities that we tell 
the American citizens is their responsibility as a citizen--that is, 
pay their taxes and pay them on time. And yet they don't suffer the 
penalties that the average taxpayer suffers for failing to do that. 
That's the purpose of me being here today.
  I'm really pleased to see my friend from California (Mr. Dreier) 
here. I hope he will talk to you and share some of his wisdom on the 
issues of ethics.
  I know you served in this House for many, many years, and you've 
dealt with these issues over and over. And I'd like to yield you what 
time you'd like to use here.
  Mr. DREIER. Mr. Speaker, I thank my very good friend and colleague.
  I've heard two Texans up here talking about not only the issue of 
ethics but also tax reform. And I'd like to take a few minutes to talk 
about a proposal that I put forward that I believe will go a long way 
towards dealing with a lack of compliance, which is an issue that we 
are regularly addressing, and something that there has been very little 
talk about, and that is the issue of economic growth.
  We've talked about saving our economy. We've talked about working 
towards recovery. But it seems to me, Mr. Speaker, one of the important 
things that we need to focus on is economic growth itself. And, 
frankly, if we had a tax code that is like the one that my friend, Mr. 
Burgess, was just talking about a little earlier, I think that many of 
the problems that we have with people who have not complied with the 
Tax Code would, in fact, be diminished.
  As my friend said, he's not accusing anyone of ethical violations as 
he's standing here, but we do know this: with a tax code that is as 
voluminous as it is, it encourages a lot of the behavior that we have. 
And I think what we need to do is simplify it.
  On the opening day of this Congress, I was privileged to introduce, 
as I did in the last Congress, what I call the Fair and Simple Tax 
Plan, F-A-S-T, which is FAST. And I think there is so much common sense 
to this. And I know that, having two very distinguished gentlemen from 
Texas, common sense is in great abundance in Texas. And I will admit it 
is, on occasion, lacking in my State of California. But remember, we've 
got common sense in California, but we have, on occasion, not enough 
common sense. But it seems to be very abundant in Texas, and even in 
North Carolina. I see my colleague from North Carolina here, and I 
think it's abundant there.
  But I do believe, Mr. Speaker, that as we look at a commonsense 
approach to deal with the issue of economic growth--which, again, 
should be a very important driving factor for us here because we're not 
simply talking about stemming the downturn, we're not talking about, 
you know, our attempt to recover. We need to have policies that create 
bold, robust economic growth, and we can do that.
  So let me take a moment, if I might, Mr. Speaker, and talk about the 
Fair and Simple Tax Plan.
  What it consists of is taking the six rates that we have today and it 
cuts that in half down to three rates. The first rate, which is the 
income on the first $40,000, would be a flat 10-percent rate. Then, for 
income between $40,000 and $150,000, the rate would be 15 percent. And 
the flat rate for income above $150,000 would be a 30-percent rate.
  Now, I know a lot of people say, ``Why don't we just do a clean, 
simple flat tax and have that be it?'' Well, there are a number of 
things and challenges around here, a number of areas that are really 
sacrosanct.
  People always talk about the need to deduct the interest on their 
home mortgage, right? When we talk about a flat tax, the red flag seems 
to go up and they say, ``What about the deductability of interest on 
home mortgages?'' Well, under the Fair and Simple Tax Plan--which, 
again, was introduced on the opening day--we maintained the opportunity 
for people on a single-page form to deduct the interest on their home 
mortgages.
  And what else is very important and sacrosanct to people, and that is 
to be able to make charitable contributions. So we maintained the 
deductability of charitable contributions.
  And one of the things that President Obama spoke here in this Chamber 
about last night was the issue of health care and the challenge that 
exists there. We all know that we need to take action. So the Fair and 
Simple Tax Plan includes a $15,000 exclusion so that people can 
purchase either direct health care or they can purchase insurance. And, 
again, it incentivizes them to do that.
  Then it deals with issues that have been heavily debated here. One of 
the things that people are concerned about regularly are jobs leaving 
the United States and going overseas. Our constituents talk about that 
with regularity.
  A lot of people make what I believe is a misplaced claim that somehow 
embarking on trade agreements, which simply open up new markets, that 
causes the flow of jobs out of the United States into other countries. 
Well, the fact is it's not trade agreements, Mr. Speaker, that do that. 
What it is is it's the fact that the United States of America has a 
tax, a tax on businesses, the job creators in this country, that is 
second only to Japan. And under the Fair and Simple Tax Plan, we slash 
that tax from 35 percent to 25 percent. Again, as you talk to those job 
creators out there, that would go a long way towards encouraging 
economic growth.
  And then the capital gains rate. Well, people say, ``What capital 
gains do we have today with this market downturn?'' We need to look 
long-term. We need to look at what we want. And we want greater 
economic growth and to reduce that top rate on capital gains from 20 
percent to 15 percent rather than increasing it, as I believe action 
that would go a long way towards encouraging economic growth and it 
would help us deal with the flow of revenues that we will need for much 
of the spending that is taking place.
  And we all acknowledge, well, the stimulus package went way, way, way 
overboard with $800 billion and a thousand pages. We were passing that 
thing around as we were debating it the other day, those of us who 
could catch it and could throw it with 1,100 pages.
  The fact is we all recognize that infrastructure spending is 
essential, very, very important for the goods' movement and other 
things here. But we could do that for significantly less than the $800 
billion that is in this so-called stimulus bill.
  So we need revenue to be generated, and I believe that slashing the 
top rate on capital gains, taking that rate on job creators, on 
businesses, from 35 to 25 percent, would go a long way towards creating 
economic growth, which, therefore, would create the flow of revenues 
that we need to meet a lot of these essential items that are out there.
  Mr. Speaker, the other thing that it does is that it completely 
eliminates the inheritance tax, the death tax, throws it out the 
window. We all know that for people who have to go to a funeral home 
and then deal with the Internal Revenue Service within a matter of days 
is a challenge. I have had to go through this. It's very painful. That 
tax is very, very punitive. It's forced people to have to sell 
businesses and others just to meet that tax obligation that is there.
  Right now that tax rate has been 45 percent, and it had been 55 
percent. And I believe that if we could completely eliminate that, that 
would, again, create a tremendous opportunity for growth to take place. 
A lot of small businesses would be saved.
  And all of this is done within the context of a single-page form, 
throwing the complex code that we have out, and the taxpayers would 
have the option of

[[Page 5786]]

going to this Fair and Simple Tax Plan.
  I think that that's the kind of creative proposal that we need to 
take on to deal with the challenge of economic growth, which I think 
should be priority number one as we seek to deal with the economic 
downturn that we have.
  I also want to say that on the overall issue of ethics, I'm very 
proud--there are a lot of people who have said on this issue that when 
we Republicans were in charge, we did next to nothing on it. Well, as 
my friend knows very well, when Republicans were last in charge, we put 
into place very, very strong--a very strong ethics reform package.
  We dealt with a lot of these issues, and it hasn't gotten the kind of 
attention that I believe we need to get. Why? Because people have 
constantly engaged in attacking Republicans. And, obviously, there has 
been corruption on both sides of the aisle. A very, very bipartisan 
thing, tragically, has been that corruption has existed on both sides 
of the aisle.
  But I do want to make sure that the record is clear that we, when we 
were in the majority, spent an awful lot of time addressing that issue, 
and we put into place with some bipartisan support, I think, very good 
ethics reform.
  But especially at this time--and my friend is absolutely right. We 
need to make sure that a good example is set for the American people 
because we are going through a tough time. The President made it so 
clear. His opening remarks last night were so on target, about the fact 
that people have sleepless nights, the fact that people are anguishing 
over this. This notion of a high school student opening that envelope 
and having to put that acceptance letter back into the envelope, as the 
President said so well here last night, is the kind of story we hear 
with great regularity.
  And I, the other day here on the floor, shared an even greater 
tragedy. A very good friend of mine told me that his 14-year-old son's 
best friend's father had just committed suicide because of the serious 
economic downturn that we have faced. And I've talked to a number of 
people, and the suicide rate has continued to climb as it relates to 
the economic challenges that we have.
  That's why I continue to believe that even though we've passed this 
so-called economic stimulus package--which, from my perspective, I hope 
and pray, we all hope and pray, that it brings us out of the downturn 
that we're going through right now. But, frankly, if one looks at 
history, it is proved to have failed.
  Now, in special orders, a number of us have been regularly quoting 
Secretary Morgenthau. Henry Morgenthau was the Treasury Secretary under 
Franklin Delano Roosevelt. And in 1939, Secretary Morgenthau was 
testifying before the House Ways and Means Committee. And in his 
testimony before the House Ways and Means Committee, he said the 
following--now, remember, this is Franklin Delano Roosevelt's Treasury 
Secretary. I've read the card so many times, I've got it now committed 
to memory.
  He said, ``We have tried spending money.'' Again, this is testimony 
before the Ways and Means Committee. ``We have tried spending money. We 
have spent more money than we have ever spent before. Now, after 8 
years of this,'' the Roosevelt administration, ``we have an 
unemployment rate that is just as high today as it was when we started, 
and we have an enormous debt to boot.'' That's what the Secretary of 
the Treasury of Franklin Delano Roosevelt said in testimony in 1939 
before the House Ways and Means Committee.
  I got to thinking about this the other day, and I believe that we 
should look to another Democratic President as our model for economic 
growth, that being John F. Kennedy. So, over the weekend, I started 
reading up about Douglas Dillon, who was the Treasury Secretary under 
John F. Kennedy. He put into place bold, robust, dynamic economic 
growth policies through tax cuts that took the top rate from 90 to 70 
percent and had a capital gains reduction. And it unleashed tremendous 
growth, a surge in the flow of revenues in the Federal Treasury.
  Similarly, I was very honored to be elected to this Congress, as my 
friend said correctly, a long, long time ago. 1980 is when I was 
privileged to be elected, the same day that Ronald Reagan was elected 
to be President. And Ronald Reagan inherited a tremendous--a very, very 
difficult economic time. The unemployment rate was very, very high. 
Interest rates were approaching 20 percent. We had inflation very high. 
It was a very, very, very challenging time economically for our 
country.
  And what was it that was put into place, I should say not just a few 
weeks after he became President, as has been the case here, but after 6 
months of going through a very deliberative process? We put into place 
in May of 1981 what was known as the Gramm-Latta budget package that 
reduced the rate of spending by the Federal Government by 17 percent. 
And in August of 1981, we put into place the Conable-Hance tax package, 
which reduced marginal rates and doubled the flow of revenues to the 
Federal Treasury through the decade of the 1980s.

                              {time}  2000

  Yes, there was a great deal of spending--a lot of spending on 
defense, a lot of other spending that took place from this Congress--
but we still saw that surge in the flow of revenues to the Federal 
Treasury.
  So we have the ideological bags of the past. Secretary Morgenthau 
referred to the fact that they spent more money than they ever spent 
before, and yet they had an unemployment rate that was as high as when 
they started. And we had John F. Kennedy and Ronald Reagan, who has 
these bold, dynamic, robust marginal rate reduction packages that 
created a surge and flow of revenues to the Treasury by reducing 
marginal tax rates. That's what we should be doing today. And I think 
that using things like our fair and simple tax plan as a model for that 
would help us deal with the challenges that we have.
  I thank my friend for the hard work that he has put in on a wide 
range of projects. I'm pleased to sit with him in the leadership of 
this great institution. We meet regularly and sit next to each other in 
those meetings, and he always has a very, very insightful and 
thoughtful proposal on a regular basis. And I believe that it really 
stems from what I began talking about, and that is that Texas common 
sense. So I thank my friend for yielding.
  Mr. CARTER. And I thank you for your comments, my friend from 
California. Mr. Dreier, as we have well seen, is very knowledgeable in 
the concepts of this House and how it operates, and the history of this 
House and what the history tells us.
  I want to thank both my colleagues for coming out here today. And, 
quite frankly, we have been asked by and challenged by the 
administration to put forth ideas. I would hope that the White House is 
monitoring what was said by both of my colleagues here tonight as some 
ideas that ought to be looked at and considered. We really do want to 
work with the administration and share ideas. And we would really like 
to have a world where nothing is off base, because obviously the two 
parties disagree on a lot of policy, but a free flow of information and 
ideas is what the American people expect us to do. And I think we heard 
two gentlemen tonight who put forth different, but similar, ideas as to 
how to simplify our lives and how to turn things around.
  To me, bipartisan is not, ``here's our bill, if you vote for it, 
we're bipartisan.'' Bipartisan is, we sit down and we discuss the 
issues, sometimes one at a time. And when we conclude, we hear both 
sides, and then people are willing to give and take to make it work.
  You know, if the President of the United States told us when he was 
elected that he was vehemently opposed to earmarks, that he was going 
to do everything he could to get rid of earmarks, and if he finds 
spending in a bill that everyone would acknowledge is an earmark and he 
chooses to veto that bill because it goes against what he told the 
American people his principles were and the Republicans help

[[Page 5787]]

support that veto because they agree with the principles that he put 
forward, that is certainly bipartisanship--and that opportunity may 
actually arise over the Omnibus bill that we passed today with the 
9,000 some odd earmarks that are contained therein. So that's 
bipartisanship. Listening to what Mr. Dreier and Mr. Burgess have to 
say and not dismissing it out of hand, that's bipartisanship.
  And so, that's kind of an aside from what I'm here to talk about 
tonight. But I'm really grateful for my colleagues to come in here and 
put these ideas out on the table because I think they're good ideas. 
And I don't necessarily agree completely with every one of them, but 
I'm certainly willing to listen. And I think our President has told us 
he is willing to listen. And I take him at his word. I think he is, and 
I hope he will. And I feel good about it; I think he will.
  Now, I've talked about ethical issues tonight, I'm going to talk 
about them some more because there's a lot more that we can talk about. 
And they are issues that are important. And I'm trying to be friendly 
about it, but make no mistake, I have spent 26 years of my life making 
sure that the laws of my State are abided by. And people who violate 
those laws, after all of their rights are protected under the 
Constitution, if they are convicted of doing something wrong, I 
honestly believe they should be punished. And I've been involved in 
that also.
  So, although I try to be friendly about this discussion--and I will 
continue to try to be friendly because the American people are tired of 
mean spiritedness--I want everyone to understand that, from my personal 
belief, everyone is entitled to their day in court, everyone is 
entitled to be presumed innocent. I'm not making accusations that you 
should consider convictions. But should there be a conviction, I 
believe that this body is not above the law, and we should keep it that 
way. And I will pledge myself to do so. And I think every Member of 
this body would feel the same way. And that's why these little ethical 
slips give the impression that somebody might be above the law.
  We are a nation of laws, we are not a nation of men. And being a 
nation of laws, we expect everyone, no matter what their status, to 
abide by those laws. This body is a body of rules, and we expect 
Members of this body to abide by those rules; and the failure to abide 
has consequences.
  So even though I'm trying to be as friendly as I can on these issues, 
I want everybody to understand that those are principles that this 
country stands on and that this body stands on, and I intend to make 
sure that those principles stand firm. I think my colleagues across the 
board, both sides of the aisle, in their heart of hearts will agree 
with me. And I think it was a right policy when a Member, even though a 
close, personal friend of mine, was accused of something, that under 
our rules he had to step down until his issues were resolved. And I 
think it's unfortunate that the Democrats, under their rules, don't 
take the same position; that if a serious accusation of misbehavior or 
breaking the law is raised against a Member in the form of an 
indictment, that that person has to step down from positions of 
leadership. Both sides should have the same rules. Unfortunately, we 
don't have it that way.
  Still, I defend every person's right to be presumed innocent until 
proven guilty beyond a reasonable doubt. And I will stand for any 
Member of this House, no matter what his party affiliation, to preserve 
that right on his behalf because I have preserved that right on behalf 
of thousands of people who were convicted by a jury of their peers of 
heinous crimes, and yet that was a right guaranteed by our 
Constitution. It's a right guaranteed to our Members. So make no 
mistake, I make no accusations of guilt because that's not appropriate 
under our system, but I do raise questions of ethical lapses, and I 
will continue to do so.
  I thank the Speaker for allowing me to speak here tonight. I'm going 
to yield back my time now. And I want to thank my colleagues who joined 
me here tonight. And we will be doing some more of this, and I hope 
other colleagues will join us and give us their ideas.

                          ____________________




                                 RECESS

  The SPEAKER pro tempore (Mr. Himes). Pursuant to clause 12(a) of rule 
I, the Chair declares the House in recess subject to the call of the 
Chair.
  Accordingly (at 8 o'clock and 8 minutes p.m.), the House stood in 
recess subject to the call of the Chair.

                          ____________________




                              {time}  2115
                              AFTER RECESS

  The recess having expired, the House was called to order by the 
Speaker pro tempore (Mr. Perlmutter) at 9 o'clock and 15 minutes p.m.

                          ____________________




REPORT ON RESOLUTION PROVIDING FOR CONSIDERATION OF H.R. 1106, HELPING 
                 FAMILIES SAVE THEIR HOMES ACT OF 2009

  Mr. Hastings of Florida, from the Committee on Rules, submitted a 
privileged report (Rept. No. 111-21) on the resolution (H. Res. 190) 
providing for consideration of the bill (H.R. 1106) to prevent mortgage 
foreclosures and enhance mortgage credit availability, which was 
referred to the House Calendar and ordered to be printed.

                          ____________________




                            LEAVE OF ABSENCE

  By unanimous consent, leave of absence was granted to:
  Mr. Perriello (at the request of Mr. Hoyer) for the week of February 
23 on account of family illness.
  Mr. Kline of Minnesota (at the request of Mr. Boehner) for today 
after 3:30 p.m. and the balance of the week on account of family 
obligations.

                          ____________________




                         SPECIAL ORDERS GRANTED

  By unanimous consent, permission to address the House, following the 
legislative program and any special orders heretofore entered, was 
granted to:
  (The following Members (at the request of Mr. Hare) to revise and 
extend their remarks and include extraneous material:)
  Mr. Hare, for 5 minutes, today.
  Ms. Woolsey, for 5 minutes, today.
  Mr. Sestak, for 5 minutes, today.
  Mr. DeFazio, for 5 minutes, today.
  Mr. Kissell, for 5 minutes, today.
  Ms. Kaptur, for 5 minutes, today.
  Mr. Spratt, for 5 minutes, today.
  (The following Members (at the request of Mr. Paul) to revise and 
extend their remarks and include extraneous material:)
  Mr. Poe of Texas, for 5 minutes, March 3 and 4.
  Mr. Jones, for 5 minutes, March 3 and 4.
  Mr. Wolf, for 5 minutes, today.
  Mr. Goodlatte, for 5 minutes, today.
  Ms. Jenkins, for 5 minutes, today.
  Mr. Broun of Georgia, for 5 minutes, today.
  Ms. Foxx, for 5 minutes, today.

                          ____________________




                              ADJOURNMENT

  Mr. HASTINGS of Florida. Mr. Speaker, I move that the House do now 
adjourn.
  The motion was agreed to; accordingly (at 9 o'clock and 16 minutes 
p.m.), the House adjourned until tomorrow, Thursday, February 26, 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:

       661. A letter from the OSD Federal Register Liaison 
     Officer, DoD, Department of Defense, transmitting the 
     Department's final rule -- Procedures and Support for Non-
     Federal Entities Authorized to Operate on Department of 
     Defense (DoD) Installations [DoD-2006-OS-0041; 0790-AI35] 
     received February 10, 2009, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Armed Services.
       662. A letter from the Under Secretary for Acquisition, 
     Technology and Logistics, Department of Defense, transmitting 
     a report of the Strategic Materials Protection Board meeting 
     on December 12, 2008, pursuant to Public Law 109-364, section 
     843; to the Committee on Armed Services.

[[Page 5788]]


       663. A letter from the Chief Counsel, FEMA, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Suspension of Community Eligibility [Docket No.: FEMA-
     8055] received February 17, 2009, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Financial Services.
       664. A letter from the Chief Counsel, FEMA, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Changes in Flood Elevation Determinations [Docket ID FEMA-
     2008-0020; Internal Agency Docket No.: FEMA-B-1027] received 
     February 17, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the 
     Committee on Financial Services.
       665. A letter from the Chief Counsel, FEMA, Department of 
     Homeland Security, transmitting the Department's final rule 
     -- Final Flood Elevation Determinations -- received February 
     17, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee 
     on Financial Services.
       666. A letter from the Secretary of the Commission, Federal 
     Trade Commission, transmitting the Commission's final rule -- 
     Changes For Certain Disclosures -- received February 9, 2009, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Financial Services.
       667. A letter from the Director, Supplemental Food Programs 
     Division, Department of Agriculture, transmitting the 
     Department's final rule -- Special Supplemental Nutrition 
     Program for Women, Infants and Children (WIC): Discretionary 
     WIC Vendor Provisions in the Child Nutrition and WIC 
     Reauthorization Act of 2004, Public Law 108-265 [FNS-2006-
     0035] (RIN: 0584-AD47) received February 17, 2009, pursuant 
     to 5 U.S.C. 801(a)(1)(A); to the Committee on Education and 
     Labor.
       668. A letter from the President and CEO, Corporation for 
     Public Broadcasting, transmitting the Corporation's annual 
     report regarding the activities and expenditures of the 
     independent production service, pursuant to 47 U.S.C. 
     396(k)(3)(B)(iii)(V); to the Committee on Energy and 
     Commerce.
       669. A letter from the Director, International Cooperation, 
     Department of Defense, transmitting pursuant to Section 27(f) 
     of the Arms Export Control Act and Section 1(f) of Executive 
     Order 11958, Transmittal No. 19-08 informing of an intent to 
     sign a Memorandum of Understanding among the United States 
     and the United Kingdom concerning Operations and Support of 
     Advanced Extremely High Frequency Military Satellite 
     Communications; to the Committee on Foreign Affairs.
       670. A letter from the Acting Assistant Secretary 
     Legislative Affairs, Department of State, transmitting the 
     Department's report on gifts given in Fiscal Year 2008, 
     pursuant to Public Law 95-105, section 515(b)(2); to the 
     Committee on Foreign Affairs.
       671. A letter from the Director of Legal Affairs and 
     Policy, Office of the Federal Register, Administrative 
     Committee of the Federal Register, transmitting the 
     Committee's final rule -- Availability and Official Status of 
     the Compilation of Presidential Documents [A.G. Order No.: 
     3036-2009] received February 17, 2009, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Oversight and Government 
     Reform.
       672. A letter from the Acting, Senior Procurement 
     Executive, GSA, Department of Defense, transmitting the 
     Department's final rule -- Federal Acquisition Regulation; 
     FAR Case 2007-013, Employment Eligibility Verification [FAC 
     2005-29, Amendment-2; FAR Case 2007-013; Docket 2008-0001; 
     Sequence 3] (RIN: 9000-AK91) received February 10, 2009, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Oversight and Government Reform.
       673. A letter from the Director, National Gallery of Art, 
     transmitting the Gallery's report on public-private 
     competitions in FY 2008, pursuant to Public Law 108-199, 
     section 647(b) of Division F; to the Committee on Oversight 
     and Government Reform.
       674. A letter from the Acting Director, U.S. Trade and 
     Development Agency, transmitting a report pursuant to the 
     Federal Vacancies Reform Act of 1998; to the Committee on 
     Oversight and Government Reform.
       675. A letter from the Acting Assistant Administrator fof 
     Fisheries, NMFS, National Oceanic and Atmospheric 
     Administration, transmitting the Administration's final rule 
     -- Magnuson-Stevens Act Provisions; Annual Catch Limits; 
     National Standard Guidlines [Docket No.: 070717348-81398-03] 
     (RIN: 0648-AV60) received February 17, 2009, pursuant to 5 
     U.S.C. 801(a)(1)(A); to the Committee on Natural Resources.
       676. A letter from the Acting Director, Office of 
     Sustainable Fisheries, NMFS, National Oceanic and Atmospheric 
     Administration, transmitting the Administration's final rule 
     -- Fisheries of the Exclusive Economic Zone Off Alaska; Atka 
     Mackerel Lottery in Areas 542 and 543 [Docket No.: 071106673-
     8011-02] (RIN: 0648-XM68) received February 17, 2009, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Natural Resources.
       677. A letter from the Deputy Assistant Administrator For 
     Regulatory Programs, NMFS, National Oceanic and Atmospheric 
     Administration, transmitting the Administration's final rule 
     -- Fisheries of the Exclusive Economic Zone Off Alaska, 
     Groundfish of the Gulf of Alaska [Docket No.: 080721859-
     81514-02] (RIN: 0648-AX01) received February 17, 2009, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Natural Resources.
       678. A letter from the Acting Director, Office of 
     Sustainable Fisheries, NMFS, National Oceanic and Atmospheric 
     Administration, transmitting the Administration's final rule 
     -- Fisheries of the Exclusive Economic Zone Off Alaska; 
     Chiniak Gully Research Area for Vessels Using Trawl Gear 
     [Docket No.: 071106671-8010-02] (RIN: 0648-XM77) received 
     February 17, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the 
     Committee on Natural Resources.
       679. A letter from the Deputy Assistant Administrator For 
     Regulatory Programs, NMFS, national Oceanic and Atmospheric 
     Administration, transmitting the Administration's final rule 
     -- Pacific Halibut Fisheries; Bering Sea and Aleutian Islands 
     King and Tanner Crab Fisheries; Groundfish Fisheries of the 
     Exclusive Economic Zone Off Alaska; Individual Fishing Quota 
     Program; Western Alaska Community Development Quota Program; 
     Recordkeeping and Reporting; Permits; Correction [Docket No.: 
     080302360-7686-03] (RIN: 0648-AT91) received February 17, 
     2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Natural Resources.
       680. A letter from the Acting Director, Office of 
     Sustainable Fisheries, NMFS, national Oceanic and Atmospheric 
     Administration, transmitting the Administration's final rule 
     -- Fisheries of the Exclusive Economic Zone Off Alaska; 
     Inseason Adjustment to the 2009 Bering Sea Pollock Total 
     Allowable Catch Amount; Correction [Docket No.: 071106673-
     8011-02] (RIN: 0648-XM47) received February 17, 2009, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Natural Resources.
       681. A letter from the Acting Assistant Attorney General, 
     Department of Justice, transmitting a report prepared by the 
     Office of Community Oriented Policing Services (COPS) 
     containing information on every grant, cooperative agreement 
     or programmatic services contract awarded during fiscal year 
     2008, pursuant to Public Law 107-273; to the Committee on the 
     Judiciary.
       682. A letter from the Secretary, Federal Trade Commission, 
     transmitting the Commission's final rule -- Federal Civil 
     Penalties Inflation Adjustment Act -- received February 9, 
     2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     the Judiciary.
       683. A letter from the Program Manager, Department of 
     Health and Human Services, transmitting the Department's 
     final rule -- Medicare Program; Changes to the Competitive 
     Acquisition of Certain Durable Medical Equipment, 
     Prosthetics, Orthotics and Supplies (DMEPOS) by Certain 
     Provisions of the Medicare Improvements for Patients and 
     Providers Act of 2008 (MIPPA) [CMS-1561-IFC2] (RIN: 0938-
     AP59) received February 13, 2009, pursuant to 5 U.S.C. 
     801(a)(1)(A); jointly to the Committees on Ways and Means and 
     Energy and Commerce.
       684. A letter from the Secretary, Department of Health and 
     Human Services, transmitting the Department's report 
     entitled, ``Final Report to Congress on the Informatics for 
     Diabetes Education and Telemedicine (IDEATel) Demonstration, 
     Phase I and II,'' pursuant to Public Law 105-33, section 
     4207(e); jointly to the Committees on Ways and Means and 
     Energy and Commerce.

                          ____________________




         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. HASTINGS of Florida: Committee on Rules. House 
     Resolution 190. Resolution providing for consideration of the 
     bill (H.R. 1106) to prevent mortgage foreclosures and enhance 
     mortgage credit availability (Rept. 111-21). 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 Mrs. DAVIS of California (for herself, Mr. Rogers of 
             Michigan, Ms. McCollum, Mr. Hinchey, and Ms. Corrine 
             Brown of Florida):
       H.R. 1165. A bill to develop capacity and infrastructure 
     for mentoring programs; to the Committee on Education and 
     Labor.
           By Mr. SCOTT of Virginia:
       H.R. 1166. A bill to amend title 18, United States Code, to 
     provide for more effective enforcement of the Federal 
     prohibition on the interstate shipment of stolen property, 
     and for other purposes; to the Committee on the Judiciary.
           By Mr. CARNAHAN (for himself and Mr. Schock):
       H.R. 1167. A bill to direct the Secretary of Transportation 
     to conduct a program to demonstrate the use of asphalt 
     produced with an asphalt binder made from biomass in highway 
     construction projects; to the Committee on Transportation and 
     Infrastructure.

[[Page 5789]]


           By Mr. BOOZMAN:
       H.R. 1168. A bill to amend chapter 42 of title 38, United 
     States Code, to provide certain veterans with employment 
     training assistance; to the Committee on Veterans' Affairs.
           By Mr. BOOZMAN (for himself and Mr. Buyer):
       H.R. 1169. A bill to amend title 38, United States Code, to 
     increase the amount of assistance provided by the Secretary 
     of Veterans Affairs to disabled veterans for specially 
     adapted housing and automobiles and adapted equipment; to the 
     Committee on Veterans' Affairs.
           By Mr. BOOZMAN (for himself and Mr. Buyer):
       H.R. 1170. A bill to amend chapter 21 of title 38, United 
     States Code, to establish a grant program to encourage the 
     development of new assistive technologies for specially 
     adapted housing; to the Committee on Veterans' Affairs.
           By Mr. BOOZMAN (for himself and Mr. Buyer):
       H.R. 1171. A bill to amend title 38, United States Code, to 
     reauthorize the Homeless Veterans Reintegration Program for 
     fiscal years 2010 through 2014; to the Committee on Veterans' 
     Affairs.
           By Mr. BOOZMAN (for himself and Mr. Buyer):
       H.R. 1172. A bill to direct the Secretary of Veterans 
     Affairs to include on the Internet website of the Department 
     of Veterans Affairs a list of organizations that provide 
     scholarships to veterans and their survivors; to the 
     Committee on Veterans' Affairs.
           By Mr. ELLSWORTH (for himself and Mr. Jordan of Ohio):
       H.R. 1173. A bill to amend title 18, United States Code, to 
     combat, deter, and punish individuals and enterprises engaged 
     nationally and internationally in organized crime involving 
     theft and interstate fencing of stolen retail merchandise, 
     and for other purposes; to the Committee on the Judiciary.
           By Mr. OBERSTAR (for himself, Mr. Mica, Ms. Norton, and 
             Mr. Mario Diaz-Balart of Florida):
       H.R. 1174. A bill to establish the Federal Emergency 
     Management Agency as a cabinet-level independent agency in 
     the executive branch, and for other purposes; to the 
     Committee on Transportation and Infrastructure, 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 Mr. FOSTER:
       H.R. 1175. A bill to amend title 10, United States Code, to 
     authorize taxpayers to designate a portion of their income 
     tax payments to a National Military Family Relief Fund to be 
     used by the Secretary of Defense to assist the families of 
     members of the Armed Forces who are serving in, or have 
     served in, Iraq or Afghanistan; to the Committee on Ways and 
     Means, and in addition to the Committee on Armed Services, 
     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. KLINE of Minnesota (for himself, Mr. Price of 
             Georgia, Mr. McKeon, Mr. Linder, Mr. Brown of South 
             Carolina, Mr. Bonner, Mr. Gohmert, Mr. Westmoreland, 
             Mr. Sessions, Ms. Fallin, Mr. Herger, Mr. Shadegg, 
             Mr. Brady of Texas, Mr. Alexander, Mr. Burton of 
             Indiana, Mr. Issa, Mr. Lamborn, Mr. Wilson of South 
             Carolina, Mr. King of Iowa, Mr. Bishop of Utah, Mr. 
             Jordan of Ohio, Mrs. Myrick, Mr. Fleming, Mrs. 
             Blackburn, Mr. Conaway, Mr. McHenry, Mr. Cole, Mr. 
             Goodlatte, Mrs. Bachmann, Mr. Wamp, Mr. Bachus, Mr. 
             Neugebauer, Mr. Rooney, Mr. Hunter, Mr. Franks of 
             Arizona, Mr. Marchant, Mr. Lee of New York, Mr. 
             Pitts, Mr. Bartlett, Mr. McCaul, Mr. Boehner, Mr. 
             Gingrey of Georgia, Mr. Pence, Mr. Broun of Georgia, 
             Mr. Chaffetz, Mr. Harper, Mr. Kingston, Mr. Crenshaw, 
             Mr. Coble, Mr. Heller, Mr. Barrett of South Carolina, 
             Mr. Miller of Florida, Mr. Sam Johnson of Texas, Mr. 
             Smith of Texas, Mr. Simpson, Mr. Souder, Mr. Smith of 
             Nebraska, Mrs. Schmidt, Mr. Akin, Mr. Sullivan, Mr. 
             Hensarling, Mr. Culberson, Mr. Boustany, Mr. Putnam, 
             Mr. Manzullo, Mr. Flake, Mr. Mack, Mr. McClintock, 
             Mrs. Lummis, Ms. Foxx, Mr. Scalise, Mr. Olson, Mr. 
             Barton of Texas, Mr. Coffman of Colorado, Mr. Inglis, 
             Mr. Forbes, Mr. Gary G. Miller of California, Mr. 
             Cassidy, Mr. Boozman, Mrs. McMorris Rodgers, Mr. 
             Schock, Mr. Campbell, Mr. Calvert, Mr. Latta, Ms. 
             Jenkins, Mr. Stearns, Mr. Roe of Tennessee, Mr. 
             Daniel E. Lungren of California, Mr. Thompson of 
             Pennsylvania, Mr. Carter, Mr. Paulsen, Mr. Posey, Mr. 
             Deal of Georgia, Mr. Buyer, Mr. Thornberry, Mr. 
             Lucas, Mr. Tiberi, Mr. Shuster, Mr. Tiahrt, Mr. 
             Upton, Mr. Latham, Mr. Jones, Mr. Bilbray, and Mr. 
             Garrett of New Jersey):
       H.R. 1176. A bill to amend the National Labor Relations Act 
     to ensure the right of employees to a secret-ballot election 
     conducted by the National Labor Relations Board; to the 
     Committee on Education and Labor.
           By Mr. MOORE of Kansas (for himself, Ms. Jenkins, Mr. 
             Tiahrt, and Mr. Moran of Kansas):
       H.R. 1177. A bill to require the Secretary of the Treasury 
     to mint coins in recognition of 5 United States Army 5-Star 
     Generals, George Marshall, Douglas MacArthur, Dwight 
     Eisenhower, Henry ``Hap'' Arnold, and Omar Bradley, alumni of 
     the United States Army Command and General Staff College, 
     Fort Leavenworth, Kansas, to coincide with the celebration of 
     the 132nd Anniversary of the founding of the United States 
     Army Command and General Staff College; to the Committee on 
     Financial Services.
           By Mr. DENT (for himself, Mr. Bartlett, Mr. Rogers of 
             Alabama, Mr. Gerlach, Mr. Cuellar, Mr. Holden, Mrs. 
             Blackburn, Mr. Duncan, Mrs. Emerson, and Mr. Brady of 
             Pennsylvania):
       H.R. 1178. A bill to direct the Comptroller General of the 
     United States to conduct a study on the use of Civil Air 
     Patrol personnel and resources to support homeland security 
     missions, and for other purposes; to the Committee on 
     Transportation and Infrastructure, 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 Mr. SMITH of New Jersey (for himself, Mr. Wolf, Mr. 
             Stupak, and Mr. Holden):
       H.R. 1179. A bill to provide for the expansion of Federal 
     efforts concerning the prevention, education, treatment, and 
     research activities related to Lyme and other tick-borne 
     diseases, including the establishment of a Tick-Borne 
     Diseases Advisory Committee; to the Committee on Energy and 
     Commerce.
           By Mr. NEUGEBAUER:
       H.R. 1180. A bill to amend the Emergency Economic 
     Stabilization Act of 2008 to prohibit the Secretary of the 
     Treasury from receiving common stock or certain other voting 
     stock under the Troubled Asset Relief Program, and for other 
     purposes; to the Committee on Financial Services.
           By Mr. ACKERMAN (for himself and Mr. Castle):
       H.R. 1181. A bill to direct the Securities and Exchange 
     Commission to establish both a process by which asset-backed 
     instruments can be deemed eligible for NRSRO ratings and an 
     initial list of such eligible asset-backed instruments; to 
     the Committee on Financial Services.
           By Mr. CARTER (for himself, Mr. Boehner, Mr. Edwards of 
             Texas, Mr. Rogers of Michigan, Mr. Rodriguez, Mr. 
             Boozman, Mr. McCaul, Mr. Holt, Mr. Blunt, Mr. 
             Cuellar, Mr. Scalise, Mr. Deal of Georgia, Mr. Dent, 
             Mrs. Myrick, Mr. Coble, and Ms. Granger):
       H.R. 1182. A bill to amend the Servicemembers Civil Relief 
     Act to guarantee the equity of spouses of military personnel 
     with regard to matters of residency, and for other purposes; 
     to the Committee on Veterans' Affairs.
           By Mr. CASSIDY:
       H.R. 1183. A bill to suspend temporarily the duty on 
     glyoxylic acid; to the Committee on Ways and Means.
           By Mr. CASSIDY:
       H.R. 1184. A bill to suspend temporarily the duty on 
     cyclopentanone; to the Committee on Ways and Means.
           By Ms. CASTOR of Florida:
       H.R. 1185. A bill to amend the Public Health Service Act to 
     provide for a competitive loan repayment program for primary 
     care physicians who commit to volunteering part-time at 
     community health centers; to the Committee on Energy and 
     Commerce.
           By Mr. FORBES (for himself, Mr. Cantor, and Mr. Wolf):
       H.R. 1186. A bill to prohibit the use of funds to transfer 
     individuals detained at Naval Station, Guantanamo Bay, Cuba, 
     to facilities in Virginia or to house such individuals at 
     such facilities; to the Committee on Armed Services.
           By Mr. FRELINGHUYSEN:
       H.R. 1187. A bill to authorize the Secretary of Homeland 
     Security to make grants to first responders, and for other 
     purposes; to the Committee on Homeland Security, and in 
     addition to the Committees on Transportation and 
     Infrastructure, the Judiciary, and Energy and Commerce, for a 
     period to be subsequently determined by the Speaker, in each 
     case for consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Mr. GORDON of Tennessee (for himself, Mr. Sessions, 
             Mr. McGovern, Mr. Thompson of California, Mr. Graves, 
             Mr. Wilson of Ohio, Mr. Langevin, Mr. Holt, Mr. Ryan 
             of Ohio, Mr. Frelinghuysen, Mr. Hinojosa, Mr. Schiff, 
             Ms. DeLauro, Mr. Farr, Mr. Chandler, Mr. LoBiondo, 
             Mr. McCaul, Mr. Rogers of Michigan, Mrs. Blackburn, 
             Mr. Klein of

[[Page 5790]]

             Florida, Mr. Dent, Mr. Kucinich, Mr. Carson of 
             Indiana, Mr. Kennedy, Mr. Boustany, Mr. Sires, Mr. 
             Larson of Connecticut, Mr. Capuano, Mr. 
             Sensenbrenner, Mr. Marchant, Mr. Gerlach, Mr. 
             Courtney, Mr. Souder, Ms. Zoe Lofgren of California, 
             Mr. Massa, Ms. McCollum, Mr. Hare, Ms. Schwartz, Mr. 
             Bishop of New York, Mr. Hinchey, Mr. Burgess, Mrs. 
             Bachmann, Mr. Lance, Mr. Gene Green of Texas, Mr. 
             Price of North Carolina, Mr. Pascrell, Mr. Castle, 
             Mr. Kildee, Mr. Wilson of South Carolina, Mr. Wu, Mr. 
             Smith of New Jersey, and Mr. Platts):
       H.R. 1188. A bill to amend title XVIII of the Social 
     Security Act to improve access to emergency medical services 
     and the quality and efficiency of care furnished in emergency 
     departments of hospitals and critical access hospitals by 
     establishing a bipartisan commission to examine factors that 
     affect the effective delivery of such services, by providing 
     for additional payments for certain physician services 
     furnished in such emergency departments, and by establishing 
     a Centers for Medicare & Medicaid Services Working Group, and 
     for other purposes; to the Committee on Energy and Commerce, 
     and in addition to the Committee on Ways and Means, for a 
     period to be subsequently determined by the Speaker, in each 
     case for consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Ms. GRANGER (for herself and Mr. Kennedy):
       H.R. 1189. A bill to amend the Public Health Service Act to 
     establish a national screening program at the Centers for 
     Disease Control and Prevention and to amend title XIX of the 
     Social Security Act to provide States the option to provide 
     medical assistance for men and women screened and found to 
     have colorectal cancer or colorectal polyps; to the Committee 
     on Energy and Commerce.
           By Ms. HERSETH SANDLIN (for herself, Mr. Walden, Mr. 
             Ross, Mr. Stupak, Mrs. Emerson, Mr. DeFazio, and Mrs. 
             Lummis):
       H.R. 1190. A bill to promote the use of certain materials 
     harvested from public lands in the production of renewable 
     fuel, and for other purposes; to the Committee on Energy and 
     Commerce.
           By Mr. INSLEE (for himself, Mr. Moran of Virginia, Mr. 
             Dicks, Mr. Blumenauer, and Mr. Gene Green of Texas):
       H.R. 1191. A bill to amend the Controlled Substances Act to 
     provide for disposal of controlled substances by ultimate 
     users and care takers through State take-back disposal 
     programs, to amend the Federal Food, Drug, and Cosmetic Act 
     to prohibit recommendations on drug labels for disposal by 
     flushing, and for other purposes; to the Committee on Energy 
     and Commerce, and in addition to the Committee on the 
     Judiciary, 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. EDDIE BERNICE JOHNSON of Texas (for herself and 
             Mr. Salazar):
       H.R. 1192. A bill to amend the Internal Revenue Code of 
     1986 to provide more help to Alzheimer's disease caregivers; 
     to the Committee on Ways and Means.
           By Mr. KENNEDY (for himself and Mr. Courtney):
       H.R. 1193. A bill to amend the Public Health Service Act 
     with respect to eating disorders, and for other purposes; to 
     the Committee on Energy and Commerce, and in addition to the 
     Committees on Oversight and Government Reform, Education and 
     Labor, and Ways and Means, for a period to be subsequently 
     determined by the Speaker, in each case for consideration of 
     such provisions as fall within the jurisdiction of the 
     committee concerned.
           By Mr. LANGEVIN (for himself, Mr. Cantor, Mr. Roskam, 
             Mr. LoBiondo, Mr. Grijalva, Mr. Paul, Mr. Gutierrez, 
             Ms. Sutton, Mr. Young of Alaska, Mr. Bishop of 
             Georgia, Mr. McGovern, Mr. Holt, Mr. Moran of 
             Virginia, Mr. Smith of New Jersey, Mr. Honda, Mr. 
             Hoekstra, Mr. Hinchey, Mr. Sherman, Mr. Rohrabacher, 
             Mr. Cummings, Mr. Schiff, Mr. Bishop of New York, Ms. 
             Schwartz, Mr. Payne, Mr. Hinojosa, Mr. Oberstar, Ms. 
             Baldwin, Mrs. Bono Mack, Mr. Thompson of Mississippi, 
             Mr. Serrano, Mr. Doyle, Ms. Norton, Mr. Andrews, Mr. 
             Ehlers, Mr. Blumenauer, Mr. Rothman of New Jersey, 
             Mrs. Lowey, Mr. Pascrell, Mr. Carnahan, Mr. Wilson of 
             South Carolina, Mr. Gordon of Tennessee, Mr. Shimkus, 
             Mr. Van Hollen, Ms. Schakowsky, Mr. Boozman, Mr. 
             Bachus, Mr. McIntyre, Mr. Kennedy, Mr. Filner, Mr. 
             Latham, Mr. King of New York, Mr. Wexler, Mr. Space, 
             Mr. Crowley, Mrs. Myrick, and Mr. Kind):
       H.R. 1194. A bill to amend the Internal Revenue Code of 
     1986 to classify automatic fire sprinkler systems as 5-year 
     property for purposes of depreciation; to the Committee on 
     Ways and Means.
           By Mr. LARSON of Connecticut (for himself, Ms. Lee of 
             California, Mr. Massa, and Mr. Luetkemeyer):
       H.R. 1195. A bill to require the Secretary of the Treasury 
     to mint coins in commemoration of Mark Twain; to the 
     Committee on Financial Services.
           By Ms. ZOE LOFGREN of California (for herself and Mr. 
             Wamp):
       H.R. 1196. A bill to authorize the Chief Administrative 
     Officer of the House of Representatives to carry out a series 
     of demonstration projects to promote the use of innovative 
     technologies in reducing energy consumption and promoting 
     energy efficiency and cost savings in the House of 
     Representatives; to the Committee on House Administration.
           By Mr. MITCHELL (for himself, Mr. Roe of Tennessee, Mr. 
             Filner, Mr. Grijalva, Mr. Hall of New York, Ms. 
             Watson, Mr. Michaud, and Mrs. Tauscher):
       H.R. 1197. A bill to assign a higher priority status for 
     hospital care and medical services provided through the 
     Department of Veterans Affairs to certain veterans who are 
     recipients of the Medal of Honor; to the Committee on 
     Veterans' Affairs.
           By Mr. MORAN of Virginia:
       H.R. 1198. A bill to amend section 8339(p) of title 5, 
     United States Code, to clarify the method for computing 
     certain annuities under the Civil Service Retirement System 
     which are based on part-time service, and for other purposes; 
     to the Committee on Oversight and Government Reform.
           By Mrs. MYRICK (for herself and Mr. McIntyre):
       H.R. 1199. A bill to improve sharing of immigration 
     information among Federal, State, and local law enforcement 
     officials, to improve State and local enforcement of 
     immigration laws, and for other purposes; to the Committee on 
     the Judiciary, 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 Mr. McDERMOTT (for himself, Mr. Engel, Mr. Farr, Mr. 
             Hinchey, Mr. Kucinich, Mr. Dicks, Ms. Lee of 
             California, and Mr. Olver):
       H.R. 1200. A bill to provide for health care for every 
     American and to control the cost and enhance the quality of 
     the health care system; to the Committee on Energy and 
     Commerce, and in addition to the Committees on Ways and 
     Means, Oversight and Government Reform, and Armed Services, 
     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. SALAZAR (for himself and Mr. Daniel E. Lungren 
             of California):
       H.R. 1201. A bill to increase the safety for crew and 
     passengers on an aircraft providing emergency medical 
     services; to the Committee on Transportation and 
     Infrastructure.
           By Mr. SHERMAN (for himself and Mr. Royce):
       H.R. 1202. A bill to require a report on business and 
     investment climates in foreign countries, and for other 
     purposes; to the Committee on Foreign Affairs.
           By Mr. VAN HOLLEN (for himself, Mr. Wolf, Mr. Connolly 
             of Virginia, Mr. Hoyer, Mr. Grijalva, Mr. Holt, Mr. 
             Platts, Mr. Moran of Virginia, Mr. Lynch, Mr. Kildee, 
             Ms. Kilpatrick of Michigan, Mr. Hastings of Florida, 
             Mr. Sarbanes, Mr. Ruppersberger, Ms. Norton, Mr. 
             Yarmuth, and Mr. Davis of Illinois):
       H.R. 1203. A bill to amend the Internal Revenue Code of 
     1986 to allow Federal civilian and military retirees to pay 
     health insurance premiums on a pretax basis and to allow a 
     deduction for TRICARE supplemental premiums; to the Committee 
     on Ways and Means, and in addition to the Committees on 
     Oversight and Government Reform, and Armed Services, 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. WEINER (for himself, Mr. Aderholt, Ms. Baldwin, 
             Mr. Bartlett, Mr. Berry, Mr. Bishop of Georgia, Mr. 
             Bishop of New York, Mr. Boustany, Ms. Clarke, Mr. 
             Coble, Mr. Conyers, Mr. Courtney, Mr. Cummings, Mr. 
             Farr, Mr. Hinchey, Mr. Hinojosa, Mr. Holden, Mr. 
             Jones, Mr. Loebsack, Mr. McHugh, Mr. Moore of Kansas, 
             Mr. Moran of Kansas, Mr. Patrick J. Murphy of 
             Pennsylvania, Mr. Nadler of New York, Mr. Paul, Mr. 
             Roe of Tennessee, Ms. Linda T. Sanchez of California, 
             Mr. Terry, Mr. Welch, Mr. Wilson of Ohio, Mr. Hall of 
             Texas, Mr. Driehaus, Mr. Platts, and Mr. Taylor):
       H.R. 1204. A bill to ensure and foster continued patient 
     safety and quality of care by making the antitrust laws apply 
     to negotiations between groups of independent pharmacies and 
     health plans and health insurance issuers (including health 
     plans under parts C and D of the Medicare Program) in the 
     same manner as such laws apply to protected activities under 
     the National Labor

[[Page 5791]]

     Relations Act; to the Committee on the Judiciary.
           By Ms. GRANGER (for herself and Mr. Kennedy):
       H. Con. Res. 60. Concurrent resolution supporting the 
     observance of Colorectal Cancer Awareness Month, and for 
     other purposes; to the Committee on Energy and Commerce.
           By Ms. ROS-LEHTINEN (for herself, Mr. Mack, Mr. 
             Bilirakis, Mr. Burton of Indiana, Mr. McCotter, and 
             Mr. Poe of Texas):
       H. Con. Res. 61. Concurrent resolution expressing the sense 
     of Congress that the Government of the Russian Federation's 
     continued membership in the G8 should be conditioned on its 
     compliance with its international obligations and commitment 
     to democratic principles and standards; to the Committee on 
     Foreign Affairs.
           By Ms. LEE of California (for herself, Ms. Waters, Mrs. 
             Christensen, Mr. Meeks of New York, Mr. Waxman, Ms. 
             Edwards of Maryland, Ms. Jackson-Lee of Texas, Mr. 
             Towns, Ms. Watson, Mr. Serrano, Mr. Kucinich, Ms. 
             Baldwin, Mr. Hastings of Florida, Mr. Cummings, Ms. 
             McCollum, Ms. Bordallo, Mr. Johnson of Georgia, Ms. 
             Kilpatrick of Michigan, Mr. Nadler of New York, Mr. 
             Davis of Illinois, Ms. Clarke, Mr. Butterfield, Mr. 
             Payne, and Ms. Schakowsky):
       H. Con. Res. 62. Concurrent resolution supporting the goals 
     and ideals of ``National Black HIV/AIDS Awareness Day''; to 
     the Committee on Energy and Commerce.
           By Ms. LEE of California (for herself, Mr. Ellison, Mr. 
             McDermott, Mr. Lewis of Georgia, Mr. McGovern, Ms. 
             Baldwin, Mr. Connolly of Virginia, Mr. Honda, Mr. 
             Holt, Mr. Carson of Indiana, Mr. Filner, and Mr. 
             Stark):
       H. Con. Res. 63. Concurrent resolution expressing the sense 
     of Congress that the United States should provide, on an 
     annual basis, an amount equal to at least 1 percent of United 
     States gross domestic product (GDP) for nonmilitary foreign 
     assistance programs; to the Committee on Foreign Affairs.
           By Mr. BOOZMAN (for himself and Mr. Buyer):
       H. Res. 188. A resolution honoring the service, courage, 
     and sacrifice of the Seawolves of Helicopter Attack Light 
     Squadron Three; to the Committee on Armed Services.
           By Mr. FLAKE:
       H. Res. 189. A resolution raising a question of the 
     privileges of the House.
           By Mrs. DAVIS of California (for herself, Mr. Moran of 
             Virginia, Mr. Kucinich, Mr. Cohen, Mr. Gerlach, Mr. 
             Farr, and Mr. Hinchey):
       H. Res. 191. A resolution expressing support for the 
     designation of May 2009 as ``National Link Awareness Month'' 
     and recognizing the link between animal cruelty and other 
     forms of societal violence; to the Committee on the 
     Judiciary, and in addition to the Committee on Agriculture, 
     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. EDDIE BERNICE JOHNSON of Texas (for herself, 
             Mrs. Capps, Mrs. McCarthy of New York, Mr. Conyers, 
             Ms. Bordallo, Ms. Giffords, Mr. Boswell, Mr. Kennedy, 
             Mr. McGovern, Mr. Gene Green of Texas, Mr. Sestak, 
             and Mr. Gordon of Tennessee):
       H. Res. 192. A resolution recognizing National Nurses Week 
     on May 6 through May 12, 2009; to the Committee on Energy and 
     Commerce.
           By Mrs. McCARTHY of New York:
       H. Res. 193. A resolution expressing support for National 
     Facial Protection Month; 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. 22: Mr. Hastings of Florida, Mr. Murphy of 
     Connecticut, Mr. Berry, Mr. Courtney, Mr. McGovern, Mrs. 
     Davis of California, and Mr. Honda.
       H.R. 25: Mr. Graves.
       H.R. 28: Mr. Tiberi.
       H.R. 31: Mr. Linder and Mr. Crowley.
       H.R. 116: Mr. Young of Florida.
       H.R. 147: Ms. Matsui and Mr. Sestak.
       H.R. 155: Mr. Wittman.
       H.R. 156: Mr. Scalise.
       H.R. 179: Mr. Gene Green of Texas and Mr. Gutierrez.
       H.R. 331: Mr. Grijalva.
       H.R. 336: Mr. Costa, Ms. Kaptur, Mr. Sestak, Ms. Watson, 
     and Mr. Faleomavaega.
       H.R. 345: Ms. McCollum, Mr. Wilson of Ohio, Mrs. Bono Mack, 
     Mr. Burton of Indiana, and Mr. Rothman of New Jersey.
       H.R. 347: Mr. Arcuri, Mr. McIntyre, Mr. Barrow, Mr. 
     Matheson, Mr. Chandler, Mr. Childers, Mr. Pomeroy, Mr. Scott 
     of Georgia, Mr. Boswell, Mr. Patrick J. Murphy of 
     Pennsylvania, Mr. Peterson, Mr. Taylor, Mr. Cardoza, Mr. 
     Griffith, Mr. Minnick, Mr. Hill, Mr. Melancon, Mr. Salazar, 
     Mr. Tanner, and Mr. Kratovil.
       H.R. 391: Mr. Davis of Kentucky and Mr. Aderholt.
       H.R. 392: Mr. Tim Murphy of Pennsylvania and Mr. Garrett of 
     New Jersey.
       H.R. 450: Mr. Hoekstra, Mr. Heller, and Mr. Garrett of New 
     Jersey.
       H.R. 463: Ms. Linda T. Sanchez of California and Mr. 
     Courtney.
       H.R. 468: Mr. Welch.
       H.R. 476: Mr. Hastings of Florida, Mr. Honda, and Mr. 
     McNerney.
       H.R. 512: Mr. Gonzalez.
       H.R. 548: Mr. Sestak.
       H.R. 577: Mr. Sestak, Ms. Berkley, Mr. McGovern, Mr. Holt, 
     and Ms. Kilpatrick of Michigan.
       H.R. 600: Mr. Connolly of Virginia, Ms. Lee of California, 
     Ms. Clarke, and Mr. Thompson of Mississippi.
       H.R. 614: Mr. Cantor, Mr. Guthrie, Mr. Whitfield, and Mr. 
     Rogers of Kentucky.
       H.R. 618: Mr. McDermott and Ms. Castor of Florida.
       H.R. 624: Mr. McHugh, Mr. Stark, and Mr. Terry.
       H.R. 627: Mr. Berman, Mr. Inslee, and Mr. Gonzalez.
       H.R. 645: Mr. Gerlach.
       H.R. 666: Mr. Filner.
       H.R. 667: Mr. Carson of Indiana and Mr. Stark.
       H.R. 669: Ms. Woolsey.
       H.R. 699: Ms. Shea-Porter, Mr. Ellison, and Mr. Pallone.
       H.R. 707: Mr. Linder, Ms. Giffords, Ms. Harman, Mr. 
     Alexander, Mr. Rehberg, Mr. Tim Murphy of Pennsylvania, Mr. 
     Fattah, Mr. Thompson of Pennsylvania, Mr. McClintock, Mr. 
     Shimkus, and Mr. Moran of Kansas.
       H.R. 812: Mr. Boozman and Mr. Simpson.
       H.R. 816: Ms. Jackson-Lee of Texas, Mr. Wamp, Mr. Wolf, Mr. 
     Clay, Mrs. McMorris Rodgers, Mr. Platts, and Mr. Lynch.
       H.R. 847: Mr. Lance.
       H.R. 853: Mr. Fortenberry and Ms. Kaptur.
       H.R. 906: Mr. Honda.
       H.R. 913: Mr. Sestak, Mr. Payne, Mr. Hinojosa, and Mr. 
     Grijalva.
       H.R. 927: Mr. Boustany and Mr. McIntyre.
       H.R. 930: Ms. Kaptur.
       H.R. 939: Mr. Sessions, Mr. Goodlatte, and Mr. Young of 
     Florida.
       H.R. 946: Mr. Burton of Indiana and Ms. Foxx.
       H.R. 950: Mr. Smith of Washington.
       H.R. 958: Mr. Carson of Indiana, Mr. Kucinich, Mr. Doggett, 
     and Mr. Massa.
       H.R. 968: Mr. Smith of Nebraska, Mr. Luetkemeyer, and Mr. 
     Westmoreland.
       H.R. 980: Mr. Sires, Mr. Weiner, Mr. Ellison, Mr. McNerney, 
     Mr. Doyle, and Mr. Clay.
       H.R. 995: Ms. DeGette, Mr. Kennedy, Mr. Sestak, and Mr. 
     Weiner.
       H.R. 997: Mrs. Biggert, Mr. Lee of New York, and Mr. King 
     of New York.
       H.R. 1006: Mr. Smith of New Jersey.
       H.R. 1016: Ms. Jackson-Lee of Texas, Mr. Kagen, Mr. 
     Boswell, and Mrs. Napolitano.
       H.R. 1066: Mr. Moran of Virginia, Ms. Moore of Wisconsin, 
     Ms. Bordallo, Mr. Hinchey, Mr. Stark, Mr. Thompson of 
     California, Mr. McNerney, Ms. Slaughter, Ms. Speier, Mr. 
     Holt, Mrs. Maloney, Ms. Linda T. Sanchez of California, Mr. 
     Levin, Mr. Obey, Mr. Payne, Mr. Skelton, Mr. Lewis of 
     Georgia, Mr. Cardoza, Ms. DeGette, Mrs. Davis of California, 
     Ms. Harman, Mr. Delahunt, Mr. Abercrombie, Ms. Velazquez, Mr. 
     Costa, Mr. Edwards of Texas, Ms. Giffords, Mrs. Napolitano, 
     Mr. Doggett, Mr. Schiff, Mr. Pomeroy, Mr. Serrano, Mr. Towns, 
     Mr. Thompson of Mississippi, Mr. Gutierrez, Ms. Berkley, Mr. 
     Pastor of Arizona, Mr. Becerra, Ms. Woolsey, Ms. Loretta 
     Sanchez of California, Ms. Watson, Ms. Matsui, and Ms. 
     Richardson.
       H.R. 1067: Mr. Bilirakis, Mr. Walz, Mrs. Napolitano, Mr. 
     Gerlach, Ms. Woolsey, Mr. Kennedy, Mr. Westmoreland, and Ms. 
     Ginny Brown-Waite of Florida.
       H.R. 1081: Mr. Taylor and Mr. Whitfield.
       H.R. 1086: Mr. Wittman and Mrs. Biggert.
       H.R. 1106: Mr. Levin.
       H.R. 1134: Mrs. Biggert.
       H.R. 1136: Mr. Manzullo, Ms. Eddie Bernice Johnson of 
     Texas, Mr. Polis of Colorado, Mr. Cummings, Mr. Murtha, Mr. 
     Gerlach, and Mr. Hoekstra.
       H.R. 1147: Mr. Fortenberry, Mr. Clay, and Mr. Inslee.
       H.R. 1151: Mr. Courtney.
       H.R. 1152: Mr. Courtney.
       H.R. 1153: Mr. Courtney.
       H.R. 1154: Mr. Courtney.
       H.J. Res. 21: Mr. Gallegly and Mr. Filner.
       H. Con. Res. 14: Mr. Gene Green of Texas, Mr. Jackson of 
     Illinois, Mr. Tiberi, Mr. Gonzalez, Mr. Israel, Mr. Ryan of 
     Ohio, Mr. Putnam, Mr. Meeks of New York, Mr. Farr, Mr. 
     Boswell, Ms. Woolsey, Mrs. Davis of California, and Mr. 
     Platts.
       H. Con. Res. 21: Ms. Matsui, Mr. Bright, Mr. Ortiz, Mr. 
     Nye, Mr. Taylor, Mr. Boren, Mr. Johnson of Georgia, Mrs. 
     Davis of California, Mr. Rothman of New Jersey, Mrs. Emerson, 
     Mr. Thompson of Mississippi, Mr. Childers, Mr. Davis of 
     Illinois, Ms. Schwartz, Mr. Walz, Mr. Space, Mr. Pomeroy, Mr. 
     Hill, Mr. Massa, Mr. Donnelly of Indiana, Mr. Cohen, Mr. 
     Tanner, Mr. Shuler, Mr. Griffith, and Mr. Hinchey.
       H. Con. Res. 48: Mr. Cohen, Ms. Kilroy, Mr. Serrano, and 
     Ms. Woolsey.
       H. Con. Res. 55: Mr. Barton of Texas, Mr. Towns, Mr. 
     Boswell, Ms. Foxx, Mr. Sherman, Mr. Rangel, Mr. Linder, Ms. 
     Watson,

[[Page 5792]]

     Mr. Ryan of Ohio, Mr. Rohrabacher, and Mr. Poe of Texas.
       H. Res. 47: Mr. Sestak, Mrs. Miller of Michigan, and Ms. 
     Moore of Wisconsin.
       H. Res. 81: Mr. Hill.
       H. Res. 86: Mr. Reyes.
       H. Res. 146: Mr. Lewis of Georgia, Mr. Hare, Ms. Wasserman 
     Schultz, Mr. McGovern, Mr. Holt, Mr. Hinojosa, Mr. Lujan, Mr. 
     Polis of Colorado, Mr. Cardoza, Mr. Walz, Mr. Meeks of New 
     York, Mr. Filner, Ms. DeGette, Mr. Ellison, Mr. Scott of 
     Virginia, Mr. LoBiondo, Mr. Platts, and Mr. Peters.
       H. Res. 160: Mr. Gene Green of Texas.
       H. Res. 173: Mr. Young of Florida and Ms. Pingree of Maine.
       H. Res. 174: Mr. Berry, Mr. Filner, Ms. Wasserman Schultz, 
     Mr. Israel, Mr. McHugh, and Mr. Lamborn.
       H. Res. 178: Mr. Carson of Indiana.
       H. Res. 180: Mrs. Christensen, Mr. Meek of Florida, and Ms. 
     Eddie Bernice Johnson of Texas.
       H. Res. 182: Ms. DeLauro.

                          ____________________




    CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, OR LIMITED TARIFF 
                                BENEFITS

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

       The amendment to be offered by Representative Conyers or a 
     designee to H.R. 1106, the Helping Families Save Their Homes 
     Act of 2009, does not contain any congressional earmarks, 
     limited tax benefits, or limited tariff benefits as defined 
     in clause 9(d), 9(e), or 9(f) of Rule XXI.

                          ____________________




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                               H.R. 1106

                   Offered By: Mr. Burton of Indiana

       Amendment No. 1: Strike sections 101, 103, 105, 106, and 
     107 of the bill (and make such technical and conforming 
     changes as may be appropriate).







[[Page 5793]]

                          EXTENSIONS OF REMARKS
                          ____________________


                          EARMARK DECLARATION

                                 ______
                                 

                          HON. PETER J. ROSKAM

                              of illinois

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. ROSKAM. 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 of Fiscal Year 2009.
  As I have stated on the floor previously, I am a true believer in the 
need for increased transparency through the earmark process--whether in 
appropriations, authorizing or tax-writing legislation. It is important 
that the Illinois taxpayer can judge for themselves the funds that we 
spend at the federal level.
  I appreciate this opportunity to discuss how taxpayer funds are spent 
in my congressional district. As a Member of Congress I was elected to 
this body to fight for the needs of my constituents.
  My constituents elected me to Congress because I am serious about 
accountability and transparency in the budget process. I take a 
deliberative approach to project requests to ensure that any request 
with my name on it is worthy of federal funding. The key ingredients I 
look for in any project are job creation, opportunities to support 
Illinois' efforts in keeping us globally competitive, a guarantee that 
the project will not rely solely on federal funding and can instead 
become viable in the private sector.
  Most important to me is to ensure taxpayer dollars are returned back 
to my constituents, who pay more to the federal government than they 
get back in government funded projects. Illinois taxpayers receive less 
federal funding per dollar of federal taxes paid compared to almost any 
state in the country. In 2005, Illinois citizens received only $.75 in 
the way of federal spending per dollar of federal taxes paid. This 
ranks the state 45th nationally and highlights the importance of my 
work to advocate for the priorities of my constituents on the federal 
level.
  This is why I stand here today to advocate for the following projects 
I have secured in H.R. 1105, the Omnibus Appropriations Act of FY09:


             FY09 Commerce, Justice, Science Appropriations

  Congressman Peter J. Roskam (IL-6)
  Department of Justice, OJP Byrne Discretional Grants--$50,000 for 
Advocate Good Samaritan Hospital's Preventing and Addressing Domestic 
Violence Program (3815 Highland Avenue, Downers Grove, IL 60515)
  With the growing numbers of reported domestic violence in DuPage 
County and throughout Illinois' 6th Congressional District, Advocate 
Good Samaritan seeks to strengthen and expand its current domestic 
violence program to ensure that both current and expected needs are 
met.
  One in three American women is abused at some point in her life by an 
intimate partner. Domestic violence creates multiple health problems 
among victims and causes 100,000 days of hospitalization and 30,000 
Emergency Room visits annually. With such startling statistics, 
Advocate Good Samaritan has teamed up with the Downers Grove Police 
Department to move forward on a comprehensive approach to addressing 
domestic violence in the community.
  The federal funds I have obtained will be utilized to expand the 
successful partnership by providing internal education and debriefing/
consultation on domestic violence cases in order to increase awareness. 
This funding will allow Advocate Good Samaritan to provide customized 
trainings internally within Advocate (including parish nurses) and to 
local agencies which serve as strategic points of entry (emergency 
departments, local police departments, and faith-based organizations). 
This will increase its outreach efforts to community organizations, 
including a major focus on large corporations in the community and the 
training employers to recognize and work with employees who may be 
victims of domestic violence. Other plans of expansion include an 
expanding website, a regional domestic violence awareness program, and 
purchase and distribution of educational materials to increase 
awareness among and educate the public about domestic violence. Along 
with matching funds from the hospital of $25,000, Advocate will also be 
able to leverage its involvement in the Corporate Alliance to End 
Partner Violence for additional funds.
  Congressman Peter J. Roskam (IL-6)
  Department of Justice, COPS Law Enforcement Technology--$200,000 for 
the DuPage County Sheriff's Department (501 N. County Farm Road, 
Wheaton, IL 60187)
  One of the lessons learned from the tragedy of September 11th was the 
inability of first responders and public safety agencies to 
communicate. To meet the requirements of the National 
Telecommunications & Information Administration, the State of Illinois 
is in the process of implementing a statewide interoperable radio 
system (STARCOM21). Subsequently, the DuPage County Emergency Telephone 
System Board (ETSB) awarded a contract based on the state bid to 
purchase the interoperable radio equipment for public safety agencies 
in DuPage County.
  In recent years, DuPage County has experienced a number of natural 
disasters including tornados, floods and last August, a major storm 
that cut a swath across the entire county impairing first responder 
communication among municipal police, fire agencies and other public 
safety agencies and hampering rescue efforts. Over 8,000 9-1-1 calls 
were received during the storm.
  Chicago and O'Hare International Airport are located at the northeast 
border of DuPage County and it is vital for DuPage County police and 
fire agencies to communicate via radio with Cook County and Chicago in 
the event of a major urban or terrorists' threat at O'Hare or in 
Chicago. A radio system connected to STARCOM21 will enable regional 
communication.
  The objective of the ETSB project is to provide 6,000 users (first 
responders, police, fire, homeland security & public works) with a 
seamless 700-800MHz interoperable radio platform throughout the county 
and the state via STARCOM21. Each participant in the ETSB (which 
includes DuPage and portions of Cook, Kane & Will Counties) is required 
to purchase their own radios (6,000 countywide) under this new system 
at a cost of $5,213 per radio.
  To Federal funds obtained for this entity will be used to purchase 40 
radios for municipalities in DuPage County that will be compatible with 
the new statewide interoperable radio system (STARCOM21). This funding 
will be leveraged with a state grant DuPage County obtained of $430,000 
that will cover the purchase of 83 of the required 411 radios needed. 
The Sheriff's Office will assume all operations costs of the new radio 
system and the cost of purchasing the remaining radios.
  Congressman Peter J. Roskam (IL-6)
  Department of Justice, COPS Law Enforcement Technology--$75,000 for 
the Northern Illinois Police Alarm System (675 Village Court, Glencoe, 
IL 60022)
  The Northern Illinois Police Alarm System (NIPAS) Emergency Services 
Team (EST) is responsible for law enforcement coverage of 68 member 
towns with a total population of approximately 1.8 million residents. 
In 1982, severe flooding nearly devastated several small communities 
along the shores of Lake Michigan north of Chicago. Public safety 
resources, especially those of law enforcement agencies, became 
stretched to the limit. Although neighboring communities responded with 
assistance, police leaders realized they needed an organized system 
with pre-planned deployment procedures. The following year, fifteen 
police agencies in Illinois' northern Cook and southern Lake Counties 
established NIPAS through an intergovernmental mutual aid agreement. 
This authorized neighboring agencies to work together in times of need.
  Whether faced with a natural disaster, or the unexpected results of a 
special event, NIPAS member Police Departments may request assistance 
that is needed when the individual Police Department cannot respond 
accordingly on its own to an event. They can use NIPAS in three key 
areas: call for additional patrol cars, call for the NIPAS Mobile Field 
Force, and call for the NIPAS Emergency Service Team.
  Federal funds I have obtained in this bill, along with Representative 
Schakowsky (IL-9), will be used for the purchase of atmospheric 
detection equipment for the NIPAS

[[Page 5794]]

Emergency Services Team--needed equipment sorely lacking at NIPAS 
member Police Departments. Atmospheric detection equipment is needed to 
allow NIPAS law enforcement officers the ability to respond to crimes 
or other incidents involving hazardous environments, explosive devices, 
arson materials, and narcotics. Communities in my district whom have 
advocated a great need for such equipment included Bartlett, Elk Grove 
Village, Elmhurst, Hanover Park, Mount Prospect, Roselle, Streamwood, 
and Villa Park. Funding this one Regional Law Enforcement project will 
allow 8 Police Departments in IL-6 Police by equipping and training 10 
police officers with one Congressional appropriation project. The 
project will also train and equip additional 71 Police officers outside 
of my district to respond to mutual aid request for emergency services 
related to HAZMAT incidents within my district. This mutual aid format 
response mechanism will save millions of dollars compared to each 
Police Department trying to deploy its own duplicative and smaller/
ineffective (due to the cost of equipment) HAZMAT emergency services 
team. NIPAS is matching this federal funding with $150,000 of their own 
money.
  Congressman Peter J. Roskam (IL-6)
  Department of Justice, DJP--Juvenile Justice--$175,000 for the DuPage 
County Area Project (DuCAP) (2037 Bloomingdale Road, Suite 206, 
Glendale Heights, IL 60139)
  Federal funds I have obtained will be used for DuCAP's Providing 
Positive Choices for Youth program. This will improve the futures of 
at-risk youth impacted by gangs and youth violence. Funding will 
strengthen four existing community-based youth organizations and will 
create additional community organizations focused on underserved 
communities in the western suburbs of northern DuPage County. DuCAP has 
historically been successful in addressing the issues of at-risk youth 
and their families. DuCAP's track record and experience over the past 
18 years has demonstrated that developing and nurturing grassroots, 
community-based organizations creates stronger, more responsive 
communities. The residents of these communities can mobilize resources 
to fill voids in services, and create opportunities for youth 
engagement, that serve to limit involvement in gangs, youth violence, 
and substance abuse.


    FY09, Labor, Health and Human Services, Education Appropriations

  Congressman Peter J. Roskam (IL-6)
  Department of Education, Elementary & Secondary Education (Includes 
FIE)--$238,000 for the Streamwood High School--School District U-46 
(355 East Chicago Street, Elgin, IL 60120)
  Federal funding will be utilized for School District U-46 execution 
and implementation of the Manufacturing Career Exploration project. A 
12-week pilot program will be implemented at Streamwood High School and 
then be expanded to the additional five high schools in the school 
district.
  Manufacturers in the western suburbs of Chicago share a widespread 
and common need for a skilled workforce, especially for those who want 
to build careers in manufacturing. Many manufacturers are employing 
advanced technologists that require a workforce with skills and the 
ongoing learning and skills upgrades. Firms report that many good 
potential entry level workers need basic math and English skills. 
Manufacturers report existing workers and skilled workers shortages. 
The forecasts indicate that many more jobs will go unfilled in America 
unless we train our young students now. Good jobs in manufacturing 
exist but we need a pipeline of students trained to fill these jobs.
  The Manufacturing Career Exploration project offers a comprehensive 
solution in this manufacturing facility heavy area of the country. The 
skills taught through this program will allow the future U.S. workforce 
gain the appropriate knowledge required to succeed in the growing 
advanced manufacturing sector, and more broadly, in the increasingly 
competitive global economy.
  The precision metalworking industry offers a variety of jobs from 
basic parts layout to computer numerical controlled programmers, from 
machinist to mangers, from mold makers to engineers, from salesperson 
to human resource directors, each with its own educational 
requirements. Regardless of what position it is looking to fill, 
industry looks for qualified applicants who have a first-hand knowledge 
of machine tooling. It is for this reason that the need for this task-
oriented, problem solving, knowledgeable, worker be developed within a 
high school curriculum.
  The Streamwood Manufacturing Career Exploration has three major 
objectives:
  1. To demonstrate the inter-relatedness of precision metal working, 
math and communication.
  2. To ensure that all students in the Streamwood High School Plan are 
oriented toward the world of work and higher education.
  3. To ensure that all students in The Manufacturing Career 
Exploration are oriented toward the world of work and higher education.
  With no consistent funding available at the Department of Education, 
these federal funds obtained will be useful in kick starting the 
program off the ground and allow for continued growth as the program in 
the future seeks to leverage funds with private industry in the area to 
keep the program on track.
  Congressman Peter J. Roskam (IL-6)
  Department of Education, Higher Education (Includes FIPSE)--$381,000 
for the College of DuPage (425 Fawell Boulevard, Glen Ellyn, IL 60137)
  The College of DuPage is looking to be a lead institution in becoming 
more veteran friendly; working to identify issues and seeking the means 
to aid veterans in their transition to civilian life. Therefore, the 
federal funding I have obtained, along with Senator Durbin (IL), will 
be utilized to implement curriculum, clinical training and on-going 
professional development coursework to prepare professionals to counsel 
returning veterans. This curriculum will include:
  Phase I--A certificate for Master's prepared clinicians offered 
through the College of DuPage Human Services Department.
  Phase II--Training of College counseling staff that could assist in 
the development of a Counseling Center.
  Phase III--Faculty conversion of curriculum for online delivery in 
accordance with accreditation stands of the Human Services Department.
  Phase IV--Implementation of the Associate in Applied Science Degree 
option, which will train students to assist graduate clinicians in the 
field of Veteran Counseling.
  As our military personnel return home, one of the biggest challenges 
will be to transition the veteran into family life, education, and the 
workforce. In addition, significant numbers of veterans are returning 
from Iraq and Afghanistan suffering brain trauma injury and delayed 
stress syndrome. This program is designed to get ahead of the curve in 
training professionals who can help the men and women address these 
needs. The funding will allow a variety of government initiatives to 
improve, including but not limited to:
  Enhance services to ease transition of returning veterans into 
civilian life
  Increase access to education and academic success
  Partner with entities for on-going support
  Proactively address employment and workforce development needs.
  This project supports current federal initiatives specifically 
addressing the concept of supporting community colleges at a local 
level to focus on education, job retraining, and helping those who have 
given so much for our country. The federal funds obtained will allow 
the College of DuPage to respond to the needs of returning service men 
and women and the acknowledged shortage of health care workers.
  Congressman Peter J. Roskam (IL-6)
  Department of Health and Human Services, Centers for Disease Control 
and Prevention--$95,000 for Access Community Health Network's Martin 
Russo Health Center (245 South Gary Avenue, Suite 200, Bloomingdale, IL 
60108)
  I have obtained federal funding for the Martin Russo Health Center in 
my congressional district will be utilized to implement a model 
community-based heart health program for low income women. This program 
will offer a continuum of care to address heart disease, including 
preventative interventions, risk screenings, care management for women 
with identified risk factors, and cardiology consultation. The specific 
model to be implemented includes:
  Prevention--provide education and address risk through smoking 
cessation, maintaining a healthy weight and being physically active.
  Risk reduction--help women lower their blood pressure and reduce 
their cholesterol levels.
  Care management--provide medical care management for women at risk 
for a heart attack due to underlying conditions such as congenital 
heart disease, heart attack and stroke history, diabetes, and 
hypertension.
  Bio-psychosocial approach--screen for and attend to behavioral health 
conditions, including substance abuse and depression.
  Pharmaceutical advocacy--help women develop strategies for obtaining 
affordable medications, through benefits counseling and leveraging 340B 
pricing.
  Cardiology consultation--offer an integrated continuum of primary 
medical care and cardiology consultation as needed.
  Nowhere in the greater Chicago area is there a one-stop resource that 
truly welcomes low income women to obtain, under one roof,

[[Page 5795]]

the full range of education, prevention, risk assessment, medical 
management and specialty care services. This program has the ability to 
reduce emergency room abuse by addressing issues early--before they 
lead to complicated, expensive and permanent debilitation. Access 
Community Health Network will be matching this project by at least 50%, 
with the costs that include $110,000 for the cardiologist, $290,000 for 
behavioral health services (other medical providers), $140,000 for 
medical care management, and $460,000 for community education and 
outreach campaign.
  Congressman Peter J. Roskam (IL-6)
  Department of Health and Human Services, Health Resources and 
Services Administration (HRSA) Health Facilities and Services--$143,000 
for Adventist GlenOaks Hospital (701 Winthrop Avenue, Glendale Heights, 
IL 60139)
  I obtained federal funding for Adventist GlenOaks Hospital in 
Glendale Heights, IL to be used for the purchase of new and updated 
surgical equipment, including minimally invasive technology. The 
current equipment is 25 years old and the demands of technology in the 
treatment of their patients has increased drastically. This equipment 
will provide the medical technology necessary in treating the patients 
at the hospital with the best possible outcomes, as well as becoming an 
important component of their key involvement in disaster preparedness 
for their service areas.
  The need for these funds by the hospital are great, as Adventist 
GlenOaks Hospital is the only Medicaid Disproportionate Share hospital 
in DuPage County--with a steady increase in Medicaid patients each 
year. The hospital serves a disproportionate number of state and 
federally funded patients as well as a significant number of uninsured 
patients in comparison to other facilities in DuPage County. In 2007, 
the hospital provided over $6.3 million in community benefits and 
charity care. The total cost of the purchase of the equipment is $3 
million. The GlenOaks Foundation has taken on the Surgical Services 
Department as their targeted fundraising project for the coming year 
and the $143,000 in federal funding going to this project will further 
help leverage their fundraising efforts in the private sector.
  Congressman Peter J. Roskam (IL-6)
  Department of Health and Human Services, Health Resources and 
Services Administration (HRSA) Health Facilities and Services--$190,000 
for the DuPage Convalescent Center (400 N. County Farm Road, Wheaton, 
IL 60187)
  As the senior population in our communities continues to increase, it 
is ever more important to ensure these seniors have access to programs 
that will allow them to continue a healthy lifestyle that implements 
numerous preventative health measures. A particular focus on strength 
training has the added benefits of bone strengthening, improved balance 
and stability, greater endurance and energy, sleep improvement, 
prevention of falls and subsequent disability, improved neuromuscular 
coordination, enhanced cognitive functioning, improved energy 
metabolism, improved weight management, and improved ADL (activities of 
daily living) ability.
  As such, I obtained $190,000 for the DuPage Convalescent Center's 
(DPCC) Wellness Center in this appropriations bill. The federal funds 
will establish dual Wellness/Fitness Centers inside the Convalescent 
Center (1920 square feet). One will be adjacent to the Physical 
Therapy/Rehab Department that will serve the long and short term 
population at DPCC. The second area will be located on the Ground floor 
with direct access to an entrance and parking accommodations so that 
seniors from the community will have easy access. The Wellness Center 
would serve approximately 430 short-term residents during their stay on 
the sub-acute unit with an anticipated enrollment of approximately 80% 
of this population once they return to the community. In addition, 
about 65%-70% of residents enrolled in current Physical Rehab 
programming will be able to participate in the Wellness center and this 
roughly translates to about 120 long-term convalescent center 
residents.
  The federal funding will go specifically for the purchase of 
equipment and upgrades to the Wellness Center. DuPage County will 
provide the funds for staffing the center with a full-time Fitness 
Specialist and a part-time Case Manager. The County will also 
collaborate with local townships and municipalities and senior agencies 
to help provide transportation services for eligible seniors. This 
comprehensive Wellness Center will enable seniors to live in the 
community for as long as they can, which coincides with current federal 
initiatives that have dollars focused on successful aging in place, 
decreasing healthcare costs and helping improve quality of life.
  Congressman Peter J. Roskam (IL-6)
  Department of Education, National Projects, Innovation and 
Improvement Teach for America as authorized under the Elementary and 
Secondary Education Act--$4,965,000 for the Reach Out and Read National 
Center (56 Roland Street, Suite 100-D, Boston, MA 02129)
  Too many children today arrive on their first day of kindergarten 
unprepared to learn, which places them at a disadvantage before even 
starting school. An extensive body of research now clearly documents 
the importance of early language and literacy skills in preparing 
children for later success in reading and in school. Yet today, a large 
number of children and their families do not receive the support and 
assistance they need to develop these essential skills and prepare to 
start kindergarten ready to learn. This is why I was supportive of 
federal funding for this important national program.
  Through Reach Out and Read, nearly 50,000 doctors and nurses have 
been trained nationwide in ROR's proven strategies of early language 
and literacy development. Pediatricians and other healthcare providers 
guide and encourage parents at every pediatric check-up to read aloud 
to their children from the earliest months of life. Currently, more 
than 3,500 clinics and hospitals are implementing the program, reaching 
more than 25% of America's at-risk children.
  Specifically, Reach Out and Read:
  Makes literacy promotion a standard part of pediatric primary care, 
so that children grow up with books, language skills, and the ability 
to read;
  Trains doctors and nurses to advise parents about the importance of 
reading aloud, and gives books to children at pediatric check-ups, with 
a special focus on disadvantaged children and those growing up in 
poverty; and
  Helps families and communities encourage early literacy skills by 
building on the unique relationships between parents and their 
children's pediatricians.
  ROR is nationally and internationally respected, with proven results, 
deserves Congressional support. In 2007, Reach Out and Read received 
one of the five prestigious United Nations' Confucius Prizes for 
Literacy, the only American program to be so honored. In 2006, the 
White House Conference on Global Literacy, hosted by First Lady Laura 
Bush, highlighted nine successful literacy-promotion models, of which 
Reach Out and Read was again the only American program showcased.
  Congressman Peter J. Roskam (IL-6)
  Department of Education, National Projects, Innovation and 
Improvement Reading is Fundamental as authorized under the Elementary 
and Secondary Education Act--$24,803,000 for Reading is Fundamental 
(1825 Connecticut Avenue, NW, Washington, DC 20009)
  Reading is Fundamental (authorized under Title V, Part D, Subpart 5) 
prepares children to read by delivering free books and resources to 
those children who need them most. RIF's book distribution program 
hands out 16 million books annually to the nation's youngest and most 
at-risk children.
  In the President's proposed fiscal year 2009 budget, funding for this 
integral program was eliminated. This successful program directly 
benefited over 146,000 children in the State of Illinois in 2007, which 
is why I advocated that instead of eliminating funded in the FY09 
budget, to allow federal funds to flow so that we can continue to reach 
underserved children from birth to age 8 and better prepare them for 
their educational future.
  All RIF programs combine three essential elements to foster 
children's literacy: reading motivation, family and community 
involvement, and the excitement of choosing free books to keep. 
Therefore, I am proud to stand up in support of this most important 
national project.
  Congressman Peter J. Roskam (IL-6)
  Department of Education, National Projects, Safe Schools and 
Citizenship Education, Civic Education Program for activities 
authorized under the Education for Democracy Act--$25,095,000 for the 
Center for Civic Education (5145 Douglas Fir Road, Calabasas, CA 91302)
  I rise in strong support of the federal funding I played a role in 
obtaining for this most important national program. The Education for 
Democracy Act's domestic and international civic education programs--
which reach approximately 5 million students each year--has been 
demonstrated by independent research and evaluation. In addition, 
economic education exchange programs supported by the Act reached 2.9 
million students in 2006-2007. These programs make a significant 
contribution to our country's commitment to strengthening freedom and 
democracy in the United States in emerging democracies throughout the 
world.
  Over the course of my first term in Congress, I visited classrooms in 
my district on a weekly basis. Every teacher I met during the course of 
my visits touted the success of the

[[Page 5796]]

civic education programs, the benefits to their students, and the need 
for Congress to continue supporting such a successful program. As such 
I supported federally funding this project in the FY09 Appropriations 
Bill.
  The Education for Democracy Act funds valuable initiatives that have 
been proven to increase students' fundamental understanding of 
democracy, improve the school environment, and increase academic 
achievement. Independent evaluations testify to these initiatives' 
success in promoting civic and economic knowledge; intellectual and 
participatory skills; and civic dispositions such as civility, 
tolerance, respect for the rule of law, and a reasoned commitment to 
the fundamental values and principles of constitutional democracy.


            FY09 Energy and Water Development Appropriations

  Congressman Peter J. Roskam (IL-6)
  Department of Energy, Energy Efficiency and Renewable Energy/Vehicle 
Technologies: $209,330 for Storage Tanks & Dispensers for E85 and Bio-
Diesel for the Forest Preserve District of DuPage County (3S580 
Naperville Road, Wheaton, IL 60187)
  In 2001, the Forest Preserve District of DuPage County embarked on a 
10-year initiative to convert its entire fleet of vehicles from 
standard gasoline or diesel-powered engines to vehicles that run on 
alternative fuels such as compressed natural gas (CNG), liquefied 
propane (LP), ethanol (E85), and soy bio-diesel. I am proud to partner 
with the DuPage Forest Preserve District in this important initiative. 
This effort represents the sort of good-government work that the 
American people expect. In the long-term, this full-fleet conversion 
will save the District hundreds of thousands of dollars on future fuel 
purchases, in addition to greatly reducing tailpipe emissions and ozone 
pollution. Furthermore, continued application of this technology will 
serve as a catalyst for even wider usage and availability to the 
general public. Previously, the District used $612,000 to fund the CNG 
and LP portions of this alternative fueling station. I secured this 
funding for the District to complete these other phases of the project 
and advance the transition to an all alternative-fuel fleet by adding 
E85 and bio-diesel fuel dispensers, and to allow other governmental 
agencies in the region to fuel their alternative fuel vehicles at the 
site.
  Congressman Peter J. Roskam (IL-6)
  Army Corps of Engineers/Construction: $7,500,000 for the Des Plaines 
River, through the City of Des Plaines, Illinois (1420 Miner Street, 
Des Plaines, IL 60016)
  In the past couple of years we have seen severe flooding in the 
Chicagoland area. This past September we were inundated with one of the 
worst rainstorms in our history, prompting the President to declare our 
area a federal disaster area. That is why I have secured this important 
funding for the expansion of Big Bend Lake and for lowering the normal 
lake level. These changes will provide an additional 587 acre-feet of 
storage for enhanced flood mitigation. The overall project helps 33 
municipalities in Cook and Lake Counties in Illinois. The Des Plaines 
River has a long history of flooding that has caused significant 
economic losses. Recurrent flooding along the Des Plaines River causes 
estimated average annual damage in the amount of $25,228,500 (69% 
traffic damages, 20% residential damages, 8% commercial/industrial/
public damages, 3% emergency services costs). Statutory authorization 
for this project is provided in the Water Resources Development Act of 
1999 (Public Law 106-53), and a Project Cooperation Agreement has been 
signed by Army Corps and Illinois Department of Natural Resources. I am 
grateful that the American people have entrusted us with these precious 
resources to advance this project and enhance our region's flood 
mitigation and Great Lakes water quality initiatives.
  Congressman Peter J. Roskam (IL-6)
  Army Corps of Engineers/Construction: $28,709,000 for the McCook and 
Thornton Reservoirs, through the Metropolitan Water Reclamation 
District of Greater Chicago (100 East Erie Street, Chicago, IL 60611)
  The recurrence of major flooding in the Chicago area, particularly in 
recent years, has demonstrated the great need for the advancement of 
the Chicago Underflow Plan (CUP), the regional flood control element of 
the Tunnel and Reservoir Plan (TARP) of the Metropolitan Water 
Reclamation District of Greater Chicago. This funding will be used to 
continue on-going design and construction of the McCook Reservoir, a 
key component of the TARP, a long-term comprehensive flood pollution 
control solution for Chicago and its 51 surrounding communities. The 
McCook Reservoir is currently under construction, and when completed 
will have a total water capacity of 7 billion gallons, provide more 
than $90 million per year in benefits to 3.1 million people in 37 
communities, and protect more than 1 million structures. Completing the 
McCook and Thornton Reservoirs and bringing them fully on-line is 
crucial to local communities, the health of Lake Michigan and its 
tributaries, and to the economic development of the region. I am 
pleased to support this project, and to have secured funds for it. The 
larger effort will provide a series of underground tunnels and storage 
reservoirs designed to address combined sewer overflow discharges. 
Without timely completion of the project, communities will face 
decreased drinking water allocations, significant decreases in water 
quality and thousands of homes will be vulnerable to flooding. This 
system has been enormously effective in achieving its goal as evidenced 
by the elimination of 85% of the combined sewage pollution in a 325 
square mile area. Statutory authorization for this request is provided 
in Public Law 100-676, and the project was included in the President's 
FY2009 budget request in the amount of $34,000,000. This is clearly the 
sort of good and necessary infrastructure project that the American 
people need and desire, which is why I am pleased to have served a role 
in securing these funds.
  Congressman Peter J. Roskam (IL-6)
  Army Corps of Engineers/Construction: $5,750,000 for the Chicago 
Sanitary & Ship Canal Dispersal Barriers, through the U.S. Army 
Engineer District, Chicago (111 North Canal Street, Suite 600, Chicago, 
IL 60606)
  Our Great Lakes are an environmental treasure for our region, and it 
is incumbent upon us to provide for their healthy preservation for 
future generations. Accordingly, I worked with a bipartisan group of my 
colleagues to secure funding for this important initiative. 
Historically, the Great Lakes and the Mississippi River were separated 
naturally by a landmass, but since the completion of the Chicago 
Sanitary and Ship Canal, aquatic species can move freely between the 
two water systems. A temporary dispersal barrier (Barrier I) has been 
operating for nearly six years, and construction of a permanent barrier 
(Barrier II) will be completed this year. Without these barriers, Lake 
Michigan, and the rest of the Great Lakes, would be vulnerable to 
aquatic invasive species like the Asian Carp. Funding is needed for the 
operations of both barriers and to begin construction of the conversion 
of Barrier I into a permanent barrier. This project is authorized by 
the Water Resources Development Act of 2007 (Public Law 110-114, 
Section 3061), and the President's budget recommended $6.25 million. 
Providing these funds serves my constituents who enjoy the Great Lakes, 
and every American who travels to the Great Lakes region to enjoy these 
national treasures.


              FY09 Interior and Environment Appropriations

  Congressman Peter J. Roskam (IL-6)
  EPA/STAG Water and Wastewater Infrastructure Project: $500,000 for a 
Public Well in the Village of Bartlett, Illinois (228 S. Main Street, 
Bartlett, IL 60103)
  I am pleased to have secured funds for the people of Bartlett, 
Illinois. These much-needed funds will expand the availability of clean 
water for my constituents. Due to new industrial and residential 
development, the Village must install a new well to meet the maximum 
daily demands of residents and businesses on the west side of town. The 
addition of a new well in Bartlett is essential to expanding the 
Village's ability to efficiently provide potable water to residents 
living in current and future residential developments as well as the 
surrounding industrial and commercial business parks. The new well will 
also increase the availability of water for the local fire protection 
district responding to fires on the west side of Bartlett. The well 
would require a radium and barium removal system to be installed in 
order for the well water to meet the current federal standards of the 
Environmental Protection Agency. Because the project is a public well, 
it is eligible for funding under the Drinking Water State Revolving 
Fund (from the STAG Water and Wastewater Infrastructure Project 
account), authorized by the Safe Drinking Water Act. The Village of 
Bartlett demonstrated an ability to commit more than $1,000,000 to the 
project, far in excess of the 45% commitment required for federal 
funds. It is my honor to have secured federal funds for a worthy 
project such as this, and I believe that this project serves as a good 
example of how federal funds can leverage local dollars to serve the 
American people with tangible quality of life enhancements.


                 FY09 Transportation-HUD Appropriations

  Congressman Peter J. Roskam (IL-6)
  HUD/EDI: $142,500 for Marklund Philip Center for Children in 
Bloomingdale, Illinois (164 S. Prairie Avenue, Bloomingdale, IL 60108)
  I am honored to partner with the Marklund Philip Center for Children, 
and humbled to be a part of their work through this funding. This 
educational facility in Bloomingdale, Illinois,

[[Page 5797]]

houses a pediatric nursing facility for infants, children and medically 
fragile adults, an education program for children ages 3 to 21, and a 
respite care program. Serving among others infants and children with 
severe and profound developmental disabilities who are Medicaid-
eligible, this facility provides a tremendous service and benefit to 
the surrounding community. In such a time of upheaval in our public 
life, the people at Marklund serve as shining example of service for 
those in need.
  Congressman Peter J. Roskam (IL-6)
  FHWA/Transportation and Community and System Preservation: $475,000 
for the Busse Woods Trail and Illinois Route 72 Bicycle Overpass in Elk 
Grove Village, Illinois (901 Wellington Avenue, Elk Grove Village, IL 
60007)
  I am pleased to be able to stand alongside Elk Grove Village having 
secured these funds to provide a greater measure of safety for our 
friends and family, and enhance the regional trail system that benefits 
our area. Federal funding provided for this project will be used for 
the construction of a bicycle overpass to replace the existing at-grade 
path crossing the six lane arterial roadway at the signalized 
intersection of Illinois Route 72 and the Interstate 290 ramps. The 
roadway carries in excess of 40,000 vehicles per day and the ramps 
carry nearly 15,000 vehicles per day. These heavy traffic volumes 
coupled with the high vehicular speeds from vehicles exiting the 
interstate create a hazardous crossing for bicyclists and pedestrians. 
The proposed overpass would link the trail systems of the Illinois 
Prairie Path and the Fox River Trail systems and would remove vehicular 
conflict with bicyclist and pedestrian traffic on this regional trail 
system. Part of the State's transportation improvement plan, these 
safety enhancements will improve the regional trail system, and 
represent a commonsense solution to which our public resources can be 
applied with great benefit.
  Congressman Peter J. Roskam (IL-6)
  FTA/New Starts-Fixed Guideway: $4,800,000 for the Metra Union Pacific 
West Line through Metra (547 W. Jackson Boulevard, 13th Floor, Chicago, 
IL 60661)
  In a regional area plagued with congestion, and a nation struggling 
with dependence on foreign energy, projects like these are needed 
catalysts for growth in transportation options for the American people. 
I was glad to have worked in a bipartisan fashion to secure these 
funds. Metra's Union Pacific West (UP-W) Line project will build upon 
the recent extension to Elburn and create needed capacity while 
continuing to deliver safe, reliable and affordable service to Metra 
riders. This funding will provide new corridor improvements key to 
addressing freight congestion. The UP-W Line extends nearly 44 miles 
west from Ogilvie Transportation Center in downtown Chicago. Along that 
corridor, it serves 18 outlying stations within Kane, DuPage and Cook 
Counties. The line currently offers 59 commuter trains per weekday, 29 
inbound and 30 outbound, with passengers making approximately 30,000 
daily trips. The substantial residential growth in this region is 
fueling a corresponding demand for increased service; employment in the 
UP-W corridor is expected to increase more than 100 percent by 2030. 
SAFETEA-LU authorized the UP-W Line improvements, and this federal 
funding will allow Metra to offer UP-W Line commuters more express 
trains and more reverse commuter trains. I was pleased to work on 
securing these funds because I believe these increased services and 
options will add to our region's economic potential and serve as an 
example for how efficient public transportation can serve the public 
interest so well.
  Congressman Peter J. Roskam (IL-6)
  FTA/New Starts-Fixed Guideway: $4,800,000 for the Metra STAR Line 
through Metra (547 W. Jackson Boulevard, 13th Floor, Chicago, IL 60661)
  I have been so pleased to be a part of this STAR Line project because 
it truly represents a foundational effort to provide new and creative 
forms of transportation. This funding is needed for preliminary 
engineering of the STAR Line. There is considerable support among my 
colleagues and myself in the Illinois Delegation for this bold, new 
initiative that will link more than 100 communities in the Chicagoland 
region with new service and provide new connections between existing 
commuter rail lines, as well as a potential new station at O'Hare 
International Airport. Metra's proposed STAR Line goes beyond providing 
a service to a single corridor or portion of the suburban areas. 
Rather, the STAR Line establishes key rail connections throughout the 
northwest, west, and southwest suburbs, and also offers the basis for 
expanded suburban rail service in the future. The STAR Line holds the 
potential to provide a long-needed alternative to the automobile for 
nearly 1.2 million employees who commute to work at businesses located 
along the proposed alignment. It also provides an effective and proven 
transportation option to nearly 1.6 million residents who today live in 
an area chronically plagued by highway congestion. By linking nearly 
100 suburban communities around Chicago, the STAR Line would fill a 
critical void in inter-suburban travel with this revolutionary system. 
This project is vital to the region in terms of alleviating traffic 
congestion, providing new commuting opportunities, and linking 
communities and places of business with new service. This project was 
authorized in SAFETEA-LU. I am glad these funds have been made 
available because this project demonstrates the sort of growth-oriented 
effort that my constituents and the American people expect when 
investing public resources.
  Congressman Peter J. Roskam (IL-6)
  FTA/Alternatives Analysis Program: $237,500 for Alternatives Analysis 
for Pace Suburban Bus Service in Arlington Heights, Illinois (550 W. 
Algonquin Road, Arlington Heights, IL 60005)
  This effort is a worthy one, and one for which I was glad to advocate 
and secure funding. Pace will use these federal funds to perform the 
federally required Alternatives Analysis study on the proposed ``J-
Route'' Bus Rapid Transit (BRT) project. This project will create a 
high-speed transit option for commuters in the western suburbs of 
Chicago between Schaumburg, O'Hare Airport, Oakbrook and Naperville. 
BRT is based on signal priority for buses at traffic signals along 
arterial routes, roadway improvements, real-time travel information 
signs at significant stops along the route using the Intelligent Bus 
System already installed on all Pace buses, and dissemination of real-
time travel information to passengers, dispatchers, planners, and 
customer relations staff using a variety of electronic media. The 
federal government has supported the capital costs of public transit 
improvements for decades, and this project would enhance Illinois' 
transportation infrastructure while promoting economic growth. I am 
pleased to have secured funding for such a project that will do much to 
add to the service Pace offers and the opportunity it provides to its 
users.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                            HON. TOM LATHAM

                                of iowa

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. LATHAM. Madam Speaker, pursuant to the House Republican standards 
on earmarks, I am submitting the following information in regards to 
H.R. 1105, the Omnibus Appropriations Act for Fiscal Year 2009.
  Requesting Member: Congressman Tom Latham
  Bill Number: H.R. 1105, Omnibus Appropriations Act, 2009, Division 
A--Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act.
  Account: Animal Plant Health Inspection Service
  Legal Name of Requesting Entity: Iowa State University-
  Address of Requesting Entity: 1138 Pearson Hall, Ames, IA 50011
  Description of Request: The Bio-Safety Institute for Genetically 
Modified Agriculture Products project receives $259,000. This project 
utilizes federal funds to provide independent, unbiased and science-
based evaluations of the risks and benefits of genetically modified 
agricultural products. Personnel develop the scientific safeguards and 
education needed to protect human health and the environment in an age 
of genetically engineered products and technology necessary for 
economic development.
  Requesting Member: Congressman Tom Latham
  Bill Number: H.R. 1105, Omnibus Appropriations Act, 2009, Division 
A--Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act.
  Account: Cooperative State Research Education & Extension Service
  Legal Name of Requesting Entity: Iowa State University-
  Address of Requesting Entity: 1138 Pearson Hall, Ames, IA 50011
  Description of Request: The Human Nutrition project receives 
$451,000. This project will enhance human health and aims to reduce 
unnecessary health care expenditures by evaluating the impact of foods, 
nutrient supplements and diet and exercise strategies promoting 
wellness.
  Requesting Member: Congressman Tom Latham
  Bill Number: H.R. 1105, Omnibus Appropriations Act, 2009, Division 
A--Agriculture, Rural

[[Page 5798]]

Development, Food and Drug Administration, and Related Agencies 
Appropriations Act.
  Account: Cooperative State Research Education & Extension Service
  Legal Name of Requesting Entity: Iowa State University-
  Address of Requesting Entity: 1750 Beardshear Hall, Ames, IA 50011
  Description of Request: The Animal Science Food Safety Consortium 
receives $939,000. This project is a continuation of the effort to 
assess potential threats to food safety as it relates to pork during 
productions, processing, distribution and consumption.
  Requesting Member: Congressman Tom Latham
  Bill Number: H.R. 1105, Omnibus Appropriations Act, 2009, Division 
A--Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act.
  Account: Cooperative State Research Education & Extension Service
  Legal Name of Requesting Entity: Iowa State University-
  Address of Requesting Entity: 1138 Pearson Hall, Ames, IA 50011
  Description of Request: The Biotechnology Test Production project 
receives $322,000. This project will develop plant-based technologies 
related to production of corn lines and other crop-related lines that 
generate higher yields.
  Requesting Member: Congressman Tom Latham
  Bill Number: H.R. 1105, Omnibus Appropriations Act, 2009, Division 
A--Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act.
  Account: Cooperative State Research Education & Extension Service
  Legal Name of Requesting Entity: Iowa State University-
  Address of Requesting Entity: 1750 Beardshear Hall, Ames, IA 50011
  Description of Request: The Center for Agriculture & Rural 
Development receives $412,000. Project analyzes the impacts of 
alternative domestic and trade policies on agriculture production. As 
agriculture continues to globalize, project models will produce a 
better understanding of trade policy impacts, and therefore better 
trade policies.
  Requesting Member: Congressman Tom Latham
  Bill Number: H.R. 1105, Omnibus Appropriations Act, 2009, Division 
A--Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act.
  Account: Natural Resource Conservation Service
  Legal Name of Requesting Entity: Iowa Soybean Association
  Address of Requesting Entity: 4554 NW 114th St., Urbandale, IA 50322
  Description of Request: The Center for Environmental Management 
Systems for Agriculture receives $288,000. This project continues the 
implementation of program to help farmers facilitate better 
environmental management plans through best practices involving 
fertilizers, pest control and soil management
  Requesting Member: Congressman Tom Latham
  Bill Number: H.R. 1105, Omnibus Appropriations Act, 2009, Division 
A--Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act.
  Account: Cooperative State Research Education & Extension Service
  Legal Name of Requesting Entity: Iowa State University
  Address of Requesting Entity: 1138 Pearson Hall, Ames, IA 50011
  Description of Request: The Food and Agriculture Policy Research 
Institute (FAPRI) receives $1,139,000. FAPRI makes baseline projections 
of production, consumption and trade flows of major agricultural 
commodities in the United States and other countries that import or 
export significant amounts of agricultural products.
  Requesting Member: Congressman Tom Latham
  Bill Number: H.R. 1105, Omnibus Appropriations Act, 2009, Division 
A--Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act.
  Account: Cooperative State Research Education & Extension Service
  Legal Name of Requesting Entity: Iowa State University-
  Address of Requesting Entity: 1750 Beardshear Hall, Ames, IA 50011
  Description of Request: The Protein Utilization project receives 
$586,000. This project will develop technologies that enhance bio-
refineries using soybeans as feedstock to develop products that replace 
petro-derived industrial products.
  Requesting Member: Congressman Tom Latham
  Bill Number: H.R. 1105, Omnibus Appropriations Act, 2009, Division 
A--Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act.
  Account: Cooperative State Research Education & Extension Service
  Legal Name of Requesting Entity: Iowa State University-
  Address of Requesting Entity: 1138 Pearson Hall, Ames, IA 50011
  Description of Request: The Livestock Waste project receives 
$184,000. This project will fund ongoing emission reductions 
strategies.
  Requesting Member: Congressman Tom Latham
  Bill Number: H.R. 1105, Omnibus Appropriations Act, 2009, Division 
A--Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act.
  Account: Cooperative State Research Education & Extension Service
  Legal Name of Requesting Entity: Iowa State University
  Address of Requesting Entity: 1138 Pearson Hall, Ames, IA 50011
  Description of Request: The Midwest Poultry project receives 
$471,000. The program will address sustainability and efficiency in 
poultry production. The initiative will provide a structure to 
facilitate multi-disciplinary research networks that enhance limited 
state and industry resources and have the scope to attack real-world 
problems. The project will also develop collaborative approaches in 
research and technology transfer.
  Requesting Member: Congressman Tom Latham
  Bill Number: H.R. 1105, Omnibus Appropriations Act, 2009, Division 
A--Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act.
  Account: Cooperative State Research Education & Extension Service
  Legal Name of Requesting Entity: Iowa State University
  Address of Requesting Entity: 1750 Beardshear Hall, Ames, IA 50011
  Description of Request: $282,000 is provided for Iowa State 
University's New Century Farm. The project seeks development of a 
sustainable biofuel feedstock production system, a living lab for 
developing and testing sustainable biomass systems. Project will 
accelerate the development and evaluation of alternative, `green' 
biofuels, both short and long-term.
  Requesting Member: Congressman Tom Latham
  Bill Number: H.R. 1105, Omnibus Appropriations Act, 2009, Division 
A--Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act.
  Account: Cooperative State Research Education & Extension Service
  Legal Name of Requesting Entity: Northeast Iowa Community-based Dairy 
Foundation
  Address of Requesting Entity: P.O. Box, Calmar, IA 52132
  Description of Request: The Dairy Education program receives 
$159,000. The project aims to increase the success of dairies by 
providing education on production technology, environmental 
stewardship, marketing and competitiveness. The Dairy Education project 
has goals of retaining, growing and fostering the development of the 
industry.
  Requesting Member: Congressman Tom Latham
  Bill Number: H.R. 1105, Omnibus Appropriations Act, 2009, Division 
A--Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act.
  Account: Natural Resource Conservation Service
  Legal Name of Requesting Entity: Iowa Soybean Association
  Address of Requesting Entity: 4554 NW 114th St., Urbandale, IA
  Description of Request: The On-Farm Management System Evaluation 
Network receives $167,000. This program will help farmers optimize 
nutrient efficiency which, in turn, enhances the economic, 
environmental and agronomic performance of working lands.
  Requesting Member: Congressman Tom Latham
  Bill Number: HR 1105, Omnibus Appropriations Act, 2009, Division B--
Commerce, Justice, Science, and Related Agencies Appropriations Act.
  Account: OJP--Byrne Grants
  Legal Name of Requesting Entity: Iowa Central Community College
  Address of Requesting Entity: 330 Avenue M, Fort Dodge, IA 50501
  Description of Request: The project is funded at $450,000. Funds will 
be used by the Iowa Central Law Enforcement Training Center to carry 
out a multi-disciplinary training program for law enforcement personnel 
from across the state. Thus far, almost 24,000 law enforcement 
personnel have been trained.
  Requesting Member: Congressman Tom Latham

[[Page 5799]]

  Bill Number: HR 1105, Omnibus Appropriations Act, 2009, Division B--
Commerce, Justice, Science, and Related Agencies Appropriations Act.
  Account: OJP--Byrne Grants
  Legal Name of Requesting Entity: Iowa State University
  Address of Requesting Entity: 1750 Beardshear Hall, Ames, IA 50011
  Description of Request: The project is funded at $3,000,000. Funds 
will be used for continuation of forensic training and research at the 
Lab. Numerous & crime labs, at the federal, state and local levels, 
have benefited from training at the Ames Lab in the areas of forensic 
evaluation, analysis and crime lab management. The various forensics 
labs that benefit from the discoveries at the Ames Lab continue to send 
their personnel to Ames, year after year, to receive updated training.
  Requesting Member: Congressman Tom Latham
  Bill Number: HR 1105, Omnibus Appropriations Act, 2009, Division B--
Commerce, Justice, Science, and Related Agencies Appropriations Act.
  Account: OJP--Byrne Grants
  Legal Name of Requesting Entity: Iowa State University
  Address of Requesting Entity: 1750 Beardshear Hall, Ames, IA 50011
  Description of Request: $650,000 is provided to continue a major 
cyber security defense program, which is a first-of-its kind, dedicated 
to creating a virtual Internet environment to research and design cyber 
defense mechanisms. Simulations are played out against real equipment 
vs. artificially-created attack scenarios.
  Requesting Member: Congressman Tom Latham
  Bill Number: HR 1105, Omnibus Appropriations Act, 2009, Division B--
Commerce, Justice, Science, and Related Agencies Appropriations Act.
  Account: OJP--Byrne Grants
  Legal Name of Requesting Entity: Des Moines Area Community College
  Address of Requesting Entity: 2006 South Ankeny Blvd. Ankeny, IA 
50023
  Description of Request: The Des Moines Area Community College 
Electronic Crime Institute is provided with $1,400,000. Funds will be 
used for equipment and supplies for programs at the Institute. This is 
a computer/electronic crime training institute that trains law 
enforcement personnel (at federal, state and local levels) in 
electronic crime detection and forensics.
  Requesting Member: Congressman Tom Latham
  Bill Number: HR 1105, Omnibus Appropriations Act, 2009, Division B--
Commerce, Justice, Science, and Related Agencies Appropriations Act.
  Account: OJP--Juvenile Justice
  Legal Name of Requesting Entity: Big Brothers/Big Sisters of Central 
Iowa, Clive, Iowa
  Address of Requesting Entity: 9051 Swanson Blvd. Clive, IA 50325
  Description of Request: $250,000 is provided to support a Big 
Brothers/Big Sisters training and mentoring program in rural Iowa. It 
is a prevention program in which the trained mentors work with 
children, ages 6-17.
  Requesting Member: Congressman Tom Latham
  Bill Number: HR 1105, Omnibus Appropriations Act, 2009, Division B--
Commerce, Justice, Science, and Related Agencies Appropriations Act.
  Account: COPS Meth Program
  Legal Name of Requesting Entity: State of Iowa (Office of Drug 
Control Policy), Des Moines, Iowa
  Address of Requesting Entity: 401 SW 7th Street, Des Moines, IA 50309
  Description of Request: The Partnership for a Drug-Free Iowa is 
provided with $250,000. The purpose of this project is to provide 
public-service, anti-drug messages to parents in order to provide 
family members with an understanding of the problems caused by drugs, 
and the signs to look for in rooting out drug problems.
  Requesting Member: Congressman Tom Latham
  Bill Number: HR 1105, Omnibus Appropriations Act, 2009, Division B--
Commerce, Justice, Science, and Related Agencies Appropriations Act.
  Account: OJP--Juvenile Justice
  Legal Name of Requesting Entity: Parents Anonymous of Iowa
  Address of Requesting Entity: 2011 Vine Street #2140, Des Moines, IA 
50265
  Description of Request: The project is funded at $200,000. The 
purpose of the project goes to the development & maintenance of state-
wide programs that serve at-risk families that have child abuse issues. 
Parents Anonymous of Iowa is a state chapter of a broader, nationwide 
program.
  Requesting Member: Congressman Tom Latham
  Bill Number: H.R. 1105, Omnibus Appropriations Act, 2009, Division 
C--Energy and Water Development and Related Agencies Appropriations Act
  Account: Corps of Engineers
  Legal Name of Requesting Entity: Army Corps of Engineers--
Construction-
  Address of Requesting Entity: Rock Island, IL.
  Description of Request: $910,000 is provided in Section 206 to 
complete design and construction related to the Ventura Marsh portion 
of the Clear Lake Improvement Project, a major water quality initiative 
involving the Corps of Engineers and the Iowa Department of Natural 
Resources.
  Requesting Member: Congressman Tom Latham
  Bill Number: H.R. 1105, Omnibus Appropriations Act, 2009, Division 
C--Energy and Water Development and Related Agencies Appropriations Act
  Account: DOE, Office of Science
  Legal Name of Requesting Entity: Luther College
  Address of Requesting Entity: 700 College Dr., Decorah, IA 52101.
  Description of Request: Provides $951,500 for the renovation of the 
Valders Hall Science Bldg, a primary element of which is energy 
conservation modes used in the renovation. The project uses ``green'' 
approaches and methods in the renovation and expansion of the building.
  Requesting Member: Congressman Tom Latham
  Bill Number: H.R. 1105, Omnibus Appropriations Act, 2009, Division 
C--Energy and Water Development and Related Agencies Appropriations Act
  Account: DOE, Renewable Energy
  Legal Name of Requesting Entity: Iowa Lakes Community College-
  Address of Requesting Entity: South 7th Street, Estherville, IA.
  Description of Request: Provides $475,750 for a sustainable energy 
education center as a demonstration project involving ``green'' 
building initiatives and other benefits related to new energy efficient 
technologies, most prominently, wind energy.
  Requesting Member: Congressman Tom Latham
  Bill Number: H.R. 1105, Omnibus Appropriations Act, 2009, Division 
C--Energy and Water Development and Related Agencies Appropriations Act
  Account: DOE, Renewable Energy
  Legal Name of Requesting Entity: Iowa Central Community College
  Address of Requesting Entity: 330 Avenue M, Ft Dodge, IA.
  Description of Request: Provides $475,750 for laboratory equipment 
for a nationally certified renewable fuels assurance testing program. 
The program is of interest to DOE because of its focus on quality 
control in renewables.
  Requesting Member: Congressman Tom Latham
  Bill Number: H.R. 1105, Omnibus Appropriations Act, 2009, Division 
C--Energy and Water Development and Related Agencies Appropriations Act
  Account: Corps of Engineers--PAS
  Legal Name of Requesting Entity: Corps of Engineers
  Address of Requesting Entity: Rock Island, IL.
  Description of Request: Provides $152,000 for completion of 
feasibility work regarding restoration of degraded aquatic and wetland 
habitats on the West Fork of the Des Moines River.
  Requesting Member: Congressman Tom Latham
  Bill Number: H.R. 1105, Omnibus Appropriations Act, 2009, Division 
C--Energy and Water Development and Related Agencies Appropriations Act
  Account: Corps of Engineers--Construction
  Legal Name of Requesting Entity: Corps of Engineers
  Address of Requesting Entity: Rock Island, Ill.
  Description of Request: Provides $3,800,000 to maintain scheduled 
construction activities on this broad-based river restoration and Flood 
control effort that is authorized.
  Requesting Member: Congressman Tom Latham
  Bill Number: H.R. 1105, Omnibus Appropriations Act, 2009, Division 
C--Energy and Water Development and Related Agencies Appropriations Act
  Account: Corps of Engineers--Section 205, Flood Control
  Legal Name of Requesting Entity: Corps of Engineers-
  Address of Requesting Entity: Rock Island, IL.

[[Page 5800]]

  Description of Request: Provides approx. $200,000 to continue a 
feasibility study for the Winnebago River flood control project in 
Mason City, Iowa. This is a major initiative aimed at mitigating 
perpetual flood hazards in this region of Iowa.
  Requesting Member: Congressman Tom Latham
  Bill Number: H.R. 1105, Omnibus Appropriations Act, 2009, Division 
C--Energy and Water Development and Related Agencies Appropriations Act
  Account: DOE--Energy Delivery & Energy Reliability
  Legal Name of Requesting Entity: Iowa Association of Municipal 
Utilities
  Address of Requesting Entity: 1735 70th Avenue, Ankeny, IL.
  Description of Request: Provides $1,400,000 for a wind energy storage 
project in Iowa. The project is carried out in partnership with the 
Department of Energy, and involves the compressed air storage of wind 
energy in an underground aquifer. This is a unique project that, at one 
point, was the only one of its type in the country.
  Requesting Member: Congressman Tom Latham
  Bill Number: HR 1105, Omnibus Appropriations Act, 2009, Division D--
Financial Services and General Government Appropriations Act.
  Account: Small Business Administration--Salaries and Expenses
  Legal Name of Requesting Entity: North Iowa Area Community College
  Address of Requesting Entity: 500 College Drive Mason City, IA 50401
  Description of Request: $100,000 is provided to support the Regional 
Economic Development Organization. The goal of this organization is to 
improve marketing and recruitment of business in rural Iowa and plan 
for the economic stability of the region.
  Project Budget Breakout: Salaries $64,910, Benefits $18,165, 
Equipment $5,000, Supplies $10,925, Marketing $1,000.
  Requesting Member: Congressman Tom Latham
  Bill Number: HR 1105, Omnibus Appropriations Act, 2009, Division D--
Financial Services and General Government Appropriations Act.
  Account: Small Business Administration--Salaries and Expenses
  Legal Name of Requesting Entity: Iowa Valley Community College
  Address of Requesting Entity: 3702 South Center Street Marshalltown, 
IA 50158
  Description of Request: A property in downtown Marshalltown is 
currently leased for use as the Iowa Valley Education and Training 
Center. In the five years the center has been open, demand for the 
outreach, education, and workforce development services it provides has 
outgrown the current space available at the facility. Through this 
project, the Iowa Valley Community College District will acquire the 
currently leased property. The facility will then be renovated to 
improve energy efficiency and effective use of space as well as 
prepared for expansion of the building. An addition to the facility 
will then be built to nearly double the available space. Along with the 
renovation and expansion, furnishings, fixtures, and equipment will be 
updated and added to improve outreach, education, and workforce 
development activities. $500,000 is provided for this project.
  Project Budget Breakout: $350,000 for property acquisition. $100,000 
for facility Renovation. $650,000 for a building expansion. $150,000 
for furniture, fixtures, and equipment.
  Requesting Member: Congressman Tom Latham
  Bill Number: HR 1105, Omnibus Appropriations Act, 2009, Division E--
Department of Interior, Environment, and Related Agencies 
Appropriations Act.
  Account: State & Tribal Assistance Grants
  Legal Name of Requesting Entity: City of Mason City, Iowa
  Address of Requesting Entity: 10 1st Street NW, Mason City, IA 50401
  Description of Request: $220,000 is provided to aid in the 
procurement and installation of a self-chlorination system at the Mason 
City drinking water plant. In turn, this will allow the City to use 
salt to produce chlorine instead of purchasing chlorine. This protects 
the City system in the event of a pandemic or other catastrophe in that 
it guarantees a chlorine supply measured in months versus weeks.
  Requesting Member: Congressman Tom Latham
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009, 
Division F--Departments of Labor, Health and Human Services, and 
Education, and Related Agencies Appropriations Act.
  Account: Department of Labor--Employment and Training Administration
  Project Name: Advanced Manufacturing Training Center
  Legal Name of Requesting Entity: Iowa Central Community College
  Address of Requesting Entity: 330 Avenue M Fort Dodge, IA 50501.
  Description of Request: Advanced Manufacturing Training Center works 
to train workers for the biotechnology, pharmaceutical and industrial/
electrical maintenance sector of the Iowa economy. $333,000 is provided 
to enable the center to purchase a mobile lab and supplies, and pay for 
salaries which will assist the center in meeting its goal to provide an 
important link between Iowa Central Community College and area 
manufacturing industries.
  Project Budget Breakout: $1.3 million for formulation, blending, 
storage tanks, freeze dryer, capper, tablet compression, oven and 
related equipment. $100,000 for additional manufacturing simulation 
equipment. $70,000 for a mobile training laboratory. $100,000 for 
contract training services. $180,000 for staffing at the training 
center.
  Requesting Member: Congressman Tom Latham
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009, 
Division F--Departments of Labor, Health and Human Services, and 
Education, and Related Agencies Appropriations Act.
  Account: Department of Education--Higher Education
  Legal Name of Requesting Entity: Waldorf College
  Address of Requesting Entity: 106 South 6th Street Forest City, IA 
50436.
  Description of Request: Following a long history as a two-year 
institution, Waldorf College received accreditation in 2001 as a 
Baccalaureate college from the Higher Learning Commission of the North 
Central Association. One of our challenges as a new Baccalaureate 
institution is to build library resources needed to support our growing 
programs. $95,000 is provided to enhance and improve teacher 
preparation library materials for the Luise V. Hanson Library at 
Waldorf College. It will increase the collection in theory and 
classroom practices including methods and best practices for K-12 
classroom teachers. In addition children's and juvenile literature in 
both paper and video formats will be acquired to help students learn 
and experience the body of literature currently available to ages K-12. 
Finally, the collection in curriculum in various formats will be 
enhanced to provide teacher preparation students with materials and 
examples of learning tools used in K-12 classrooms.
  Project Budget Breakout: $100,000 Theory and Practice materials 
$100,000 Children's and Juvenile materials $100,000 Curriculum lab 
materials
  Requesting Member: Congressman Tom Latham
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009, 
Division F--Departments of Labor, Health and Human Services, and 
Education, and Related Agencies Appropriations Act.
  Account: Health Resources and Services Administration (HRSA)
  Legal Name of Requesting Entity: Greene County Medical Center
  Address of Requesting Entity: 1000 West Lincolnway, Jefferson, IA 
50129
  Description of Request: Surgical equipment upgrades are required to 
provide the highest quality care to rural patients in Greene County 
Iowa, consistent with the HRSA Health Facility Grant program under 
which this request is made. $325,000 is provided for the purchase of 
Berchtold Surgical Lights to provide better illumination for surgical 
procedures, a C-Arm x-ray machine to visualize placement of catheters 
and the presence of obstructions, a C-Arm compatible operating room 
table, an electrocautery machine to control bleeding during surgical 
procedures, and a laparoscopic system for use during laparoscopic 
procedures, such as removal of gallbladders, repairing hernias, and the 
emergency removal of an appendix.
  Requesting Member: Congressman Tom Latham
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009, 
Division F--Departments of Labor, Health and Human Services, and 
Education, and Related Agencies Appropriations Act.
  Account: Health Resources and Services Administration (HRSA)
  Legal Name of Requesting Entity: Gundersen Lutheran Decorah Clinic
  Address of Requesting Entity: 1830 State Hwy. 9, Decorah, IA 52101
  Description of Request: The Gundersen Lutheran Decorah Clinic 
initiative allows rural citizens to take advantage of recent 
innovations in fetal monitoring technology that improve neonatal 
outcomes, through the use of real

[[Page 5801]]

time fetal monitoring consultation during labor with expert obstetrics/
gynecology (OB/GYN) physicians. The decreasing number of specialty 
health care providers in rural areas has resulted in a growing need for 
consultations from regional providers. Ensuring the most favorable 
neonatal outcomes for rural women creates distinct challenges. The 
technology provided in this program improves access to OB/GYN 
consultation in rural communities and allows regional family practice 
physicians to discuss the care of their patients from their local 
community facilities. $95,000 is provided through the HRSA Health 
Facility Grant program for hardware and training needed to facilitate 
the use of this technology.
  Requesting Member: Congressman Tom Latham
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009, 
Division F--Departments of Labor, Health and Human Services, and 
Education, and Related Agencies Appropriations Act.
  Account: Health Resources and Services Administration (HRSA)
  Legal Name of Requesting Entity: Iowa Dental Foundation
  Address of Requesting Entity: 5530 West Parkway, Suite 100, Johnston, 
IA 50131
  Description of Request: $381,000 in funding is provided through the 
HRSA Health Facility Grant program to purchase portable dental 
equipment that will help establish the Iowa Mission of Mercy (MOM) 
project to deliver free dental care to underserved populations. The 
Iowa Department of Public Health will use the operatories throughout 
the year in public health settings such as Iowa rural clinics, schools 
and nursing facilities to enhance access to oral health care when the 
Iowa Dental Foundation is not using them during a MOM project. MOM 
projects have been used successfully in other states to deliver free 
dental care given by volunteer dentists and their allied staff to 
underserved populations. The contribution that these programs can make 
to Iowa communities is substantial. For example, the Virginia Dental 
Association estimates that Virginia Mission of Mercy volunteer dental 
personnel have provided free dental care to more than 24,856 patients 
valued at more than $11.3 million.
  Requesting Member: Congressman Tom Latham
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009, 
Division F--Departments of Labor, Health and Human Services, and 
Education, and Related Agencies Appropriations Act.
  Account: Health Resources and Services Administration (HRSA)
  Legal Name of Requesting Entity: Iowa State University
  Address of Requesting Entity: 1750 Beardshear Hall, Ames, IA 50011
  Description of Request: Iowa State University's College of Veterinary 
Medicine is provided with $666,000 in funding to expand and equip a 
new, modular Biosafety Level 3 laboratory, in order to develop 
strategies for safeguarding Iowa's animal agriculture and human 
populations from highly infectious diseases. Iowa State University's 
College of Veterinary Medicine long has been preeminent in the field of 
infectious diseases research in domestic animals. Recently, the College 
has focused on research that addresses new strategies to prevent and 
control foreign animal and zoonotic diseases, which are pathogens 
carried by animals that may be spread to humans.
  Requesting Member: Congressman Tom Latham
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009, 
Division F--Departments of Labor, Health and Human Services, and 
Education, and Related Agencies Appropriations Act.
  Account: Health Resources and Services Administration (HRSA)
  Legal Name of Requesting Entity: Mercy Medical Center--North Iowa
  Address of Requesting Entity: 1000 4th Street SW, Mason City, IA 
50401
  Description of Request: $190,000 is provided through the HRSA Health 
Facility Grant program for hardware, software and training to implement 
an automated medical record system in the intensive care unit (ICU) at 
Mercy Medical Center--North Iowa. This system uses a bedside device to 
capture and integrate ICU monitor data, and provides a centralized 
place in the patient's Electronic Health Record to view patient data 
trends, document patient findings, update physician orders, and receive 
important notifications. The system allows the information to be viewed 
by the patient's physician over a secure connection from locations in 
surrounding rural areas. The result of integrating the automated 
electronic health record with the ICU unit will be increased patient 
safety and reduced medical errors. National studies have shown that as 
many as 16 percent of patients admitted to an ICU experience a human 
error, and that these errors can add significantly to length of stay, 
morbidity and costs. The Medical Center employs approximately 100 
primary care health providers in very rural settings with the Mason 
City hospital being the hub of the integrated network, which will 
contribute to and benefit from this initiative.
  Requesting Member: Congressman Tom Latham
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009, 
Division F--Departments of Labor, Health and Human Services, and 
Education, and Related Agencies Appropriations Act.
  Account: Centers for Disease Control and Prevention (CDC)
  Legal Name of Requesting Entity: Des Moines University
  Address of Requesting Entity: 3200 Grand Avenue, Des Moines, IA 50312
  Description of Request: This ongoing research project in partnership 
with the Iowa Farm Bureau is provided with $190,000 through the Centers 
for Disease Control and Prevention to help determine what chronic 
disease prevention efforts and early interventions achieve better 
health outcomes in at-risk individuals aged 55-64. The goal of the 
project is to determine if long-term taxpayer savings can be achieved 
by delaying, preventing or better managing chronic disease prior to 
entering the Medicare program. Specifically, the funding would be used 
to perform health risk assessments, provide disease management services 
and assess program results.
  Requesting Member: Congressman Tom Latham
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009, 
Division F--Departments of Labor, Health and Human Services, and 
Education, and Related Agencies Appropriations Act.
  Account: Department of Education--Rehabilitation Services & 
Disability Research
  Project Name: Iowa Department of Blind
  Legal Name of Requesting Entity: Iowa Department of Blind
  Address of Requesting Entity: 524 4th Street Des Moines, IA 50309
  Description of Request: The Library for the Blind and Physically 
Handicapped (LBPH) provides important materials to disabled Iowans and 
is transitioning along with the National Library Service's Digital 
Talking Book program to a digital format from a cassette based system. 
These important materials provide current events, information, and 
leisure reading to those who can no longer read. The LBPH provides many 
additional local materials which will need to be in the new digital 
format also. $95,000 is provided to assist in the purchase of new 
electronic storage space for these digital materials and a new shelving 
system for the digital talking books.
  Project Budget Breakout $14,000 Random-shelving system. $4,500 Bar 
Code Scanners. $2,000 Bar Code Printer. $7,000 Training and New 
Software. $58,000 Digital Storage Space, Duplication Equipment, and 
Shipping Containers. $27,500 Web-based Software for Circulation of 
Digital Talking Books.
  Requesting Member: Congressman Tom Latham
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009, 
Division I--Transportation, Housing and Urban Development, and Related 
Agencies Appropriations Act.
  Account: Surface Transportation
  Project Name: Highway 169 Corridor Project Environmental Assessment, 
Preliminary Engineering and Planning
  Legal Name of Requesting Entity: City of Humboldt, Iowa
  Address of Requesting Entity: 29 56 St. S., Humboldt, IA 50548
  Description of Request: $760,000 is provided to the State of Iowa to 
undertake an environmental analysis/justification report, and 
preliminary engineering for proposed work on the 12 mile corridor. The 
project would include the addition of left and right turning lanes at 
intersections, 6 miles of passing lanes, widened and paved shoulders, 
improved entrances at various locations and a 1.23 mile section of 
reconstruction to improve the roadway geometrics and blind 
intersections.
  Requesting Member: Congressman Tom Latham
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009, 
Division I--Transportation, Housing and Urban Development, and Related 
Agencies Appropriations Act.
  Account: Surface Transportation
  Project Name: Highway 20 Construction Calhoun and Webster Counties
  Legal Name of Requesting Entity: Iowa Department of Transportation
  Address of Requesting Entity: 800 Lincoln Way, Ames, IA 50010
  Description of Request: $855,000 is provided to the State of Iowa to 
continue the expansion of Highway 20 from two lanes to four.

[[Page 5802]]

The completion of the relocated US 20 segment in Webster and Calhoun 
counties will add another 20 miles of four-lane roadway to the 
corridor.
  Requesting Member: Congressman Tom Latham
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009, 
Division I--Transportation, Housing and Urban Development, and Related 
Agencies Appropriations Act.
  Account: Surface Transportation
  Legal Name of Requesting Entity: Mitchell County Conservation Board
  Address of Requesting Entity: 18793 Highway 9, Osage, Iowa 50461
  Description of Request: $570,000 is received for the Wapsi Great 
Western Line Trail. The Wapsi trail is a planned multi-use trail 
project that is located in Mitchell and Howard Counties as well as into 
Mower County in Southern Minnesota. The planned 33 mile trail starts in 
Elma, Iowa and progresses north through Riceville and McIntire, 
connecting to the paved Shooting Star Trail at Taopi, Minnesota which 
will connect to the Root River Trail. The trail will consist of 
approximately 15.5 miles in Mitchell County, 13.5 miles in Howard 
County, and 4 miles in Mower County. Four and a half miles of trail 
through Mitchell County were asphalted and completed in Fall 2007 and 
two additional phases are planned for asphalting in Fall 2008. The 
trail in Mitchell county travels over 2 historic bridges and the Wapsi 
Welcome Center in Riceville is a historic church that is eligible for 
the National Registry of Historic Buildings. The Welcome Center in 
Howard County in Elma is a historic rail depot. Upon completion of this 
phase of the trail, it will be possible to continue southeast to New 
Hampton, IA. Once the planned trail is connected to the trails in 
Minnesota, there will be over 100 miles of trail system for residents 
and visitors to enjoy.
  Requesting Member: Congressman Tom Latham
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009, 
Division I--Transportation, Housing and Urban Development, and Related 
Agencies Appropriations Act.
  Account: Economic Development Initiatives
  Legal Name of Requesting Entity: City of Marshalltown, Iowa
  Address of Requesting Entity: 24 North Center Street, Marshalltown, 
IA 50158
  Description of Request: $570,000 is received for the project to 
include the redevelopment of property located in a downtown 
neighborhood. Funding would be used to assist in the acquisition of 
properties, relocation, and demolition to allow for new housing 
development. Marshalltown received $140,000 in the FY08 bill which has 
allowed them to purchase one property in this area.
  Requesting Member: Congressman Tom Latham
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009, 
Division I--Transportation, Housing and Urban Development, and Related 
Agencies Appropriations Act.
  Account: Economic Development Initiatives
  Legal Name of Requesting Entity: City of Fort Dodge, Iowa
  Address of Requesting Entity: 819 1st Avenue South, Fort Dodge, IA 
50501
  Description of Request: $285,000 is provided to assist in the 
acquisition of properties, relocation, and demolition to allow for new 
housing development. Phase I of this project was financed in part with 
federal funds in the past which involved the acquisition, demolition 
and re-sale of properties along the North 9th Street corridor. Phase II 
includes 6 properties and provide incentives for the redevelopment and 
conversion of 5 additional properties to the east of Phase I. This 
project is a response to the R.A. Smith study, which named improving 
housing in the community in order to sustain a sufficient workforce. 
Currently, Webster County and the surrounding areas are experiencing a 
labor shortage; but before employees can be recruited to area 
companies, adequate housing must be available.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                         HON. RANDY NEUGEBAUER

                                of texas

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. NEUGEBAUER. Madam Speaker, pursuant to the House Republican 
standards on Congressional directed spending items, I am submitting the 
following information for publication in the Congressional Record 
regarding spending directed to Texas' 19th Congressional District as a 
result of requests made by those I represent:
  Sponsoring Member: Congressman Randy Neugebauer
  Bill Number: H.R. 1105
  Account: Department of Agriculture, Cooperative State Research, 
Education and Extension Service: $1,730,000
  Legal Name of Requesting Entity: Texas Tech University and Texas A&M 
University
  Address of Requesting Entity: 2500 Broadway, Lubbock, TX 79409 and 
College Station, TX 77843
  Description of Request: The cotton research funding will be used for 
study of genomics and genetic manipulation to increase yield and fiber 
quality, determination of economic factors affecting profitability and 
understanding of cotton marketing forces, study of the integrated 
effects of world market and policy program and development of new 
textile testing and manufacturing technologies. Accomplishments of this 
continuing research, which is authorized as a High Priority Research 
and Extension Area, include (1) plant density and irrigation findings 
that conserve water and enhance producer profitability by $37 million, 
(2) genetic enhancements that increase fiber value and (3) analysis of 
cotton markets, trade and farm policy proposals to determine economic 
impacts on producers.
  Sponsoring Member: Congressman Randy Neugebauer
  Bill Number: H.R. 1105
  Account: Department of Agriculture, Cooperative State Research, 
Education and Extension Service: $946,000
  Legal Name of Requesting Entity: Texas Tech University, Center for 
Food Industry Excellence
  Address of Requesting Entity: 2500 Broadway, Lubbock, TX 79409
  Description of Request: The Center for Food Industry Excellence will 
use funds to determine the impact of packaging systems on the food 
safety and quality of meat and poultry products, investigate 
antimicrobial drug resistance in animal production and continue to 
study pre- and post-harvest interventions to determine control measures 
for food-borne pathogens in the food supply. The Center's research has 
already resulted in a pre-harvest food safety intervention that is 
currently being fed to 60% of feedlot cattle in the U.S., evaluation of 
meat packaging systems that have improved the safety and quality of 
meats and poultry and updated data on nutritional composition of 
poultry for use by USDA and nutritional labeling.
  Sponsoring Member: Congressman Randy Neugebauer
  Bill Number: H.R. 1105
  Account: Department of Agriculture, Cooperative State Research, 
Education and Extension Service: $515,000
  Legal Name of Requesting Entity: Texas Tech University, Kansas State 
University and Texas A&M University
  Address of Requesting Entity: 2500 Broadway, Lubbock, TX 79409; 
Manhattan, KS 66506; College Station, TX 77843.
  Description of Request: The Great Plains Sorghum Improvement Center 
integrates research efforts at three universities with sorghum 
expertise. Kansas State University leads efforts in agronomic sorghum 
research and development of new uses for sorghum. Texas Tech leads 
market and policy analysis work, and Texas A&M focuses on efficient 
sorghum cropping and production strategies. Research in FY09 will focus 
on genetics and plant breeding to enhance sorghum as a bioenergy 
feedstock, developing more sustainable cropping systems and developing 
new uses for grain sorghum.
  Sponsoring Member: Congressman Randy Neugebauer
  Bill Number: H.R. 1105
  Account: Department of Agriculture, Agriculture Research Service 
Salaries and Expenses: $1,474,000
  Legal Name of Recipient Entity: USDA-ARS Cropping Systems Research 
Laboratory
  Address of Recipient Entity: 3810 Fourth Street, Lubbock, TX 79415.
  Description of Request: The Administration's FY09 budget request to 
Congress proposed to eliminate funding for two research programs at the 
ARS Cropping Systems Research Lab in Lubbock. This request allows 
continued funding of the Lab's sorghum cold tolerance research 
($246,000), which is leading to a better understanding of how drought 
tolerance functions in sorghum and screening techniques to assist plant 
breeders in rapidly identifying and moving those genes into improved 
germplasm. The request also allows continued funding of the Lab's 
Cotton Production and Processing Unit ($1,228,000). The Unit is the 
only ARS facility that works on quality issues related to mechanical 
stripper cotton. The Unit also has a particulate matter analysis lab 
used to support USDA air quality work.
  Sponsoring Member: Congressman Randy Neugebauer
  Bill Number: H.R. 1105
  Account: Environmental Protection Agency, State and Tribal Assistance 
Grants: $200,000
  Legal Name of Requesting Entity: City of Lubbock, TX

[[Page 5803]]

  Address of Requesting Entity: 1635 13th Street, Lubbock, Texas 79457
  Description of Request: These federal funds, along with a 45% match 
from the City of Lubbock, will be used for engineering costs to enable 
the city to move forward with constructing a terminal water storage 
reservoir and a membrane water treatment plant southeast of Lubbock, 
which will allow the City to make use of an additional water source to 
replace declining water supply. Projections indicate Lubbock, and the 
surrounding rural communities its water system serves, will need this 
water by 2012. This project's total cost is $46 million and also 
includes new pipeline and pump stations; a majority of funding for the 
project comes from state and local sources.
  Sponsoring Member: Congressman Randy Neugebauer
  Bill Number: H.R. 1105
  Account: U.S. Army Corps of Engineers, General Investigations: 
$163,000
  Legal Name of Requesting Entity: City of Abilene, TX
  Address of Requesting Entity: PO Box 60, Abilene, TX 79604
  Recipient Entity: U.S. Army Corps of Engineers Fort Worth District 
located at 819 Taylor Street, Fort Worth, TX 76102
  Description of Request: Flooding along Elm Creek in Abilene has 
resulted in federal disaster declarations, most recently in 2002 with 
$6.3 million in damages to residences. Abilene has partnered with the 
Corps on a study of flood mitigation options. Of the total $1.7 million 
cost, Abilene has contributed 50% of the costs, and the Corp committed 
to provide 50%. Prior to FY09, the Corps received $373,000 for this 
study, and this funding brings them close to their share so the study 
can be completed.
  Sponsoring Member: Congressman Randy Neugebauer
  Bill Number: H.R. 1105
  Account: Department of Energy, Office of Energy Efficiency and 
Renewable Energy: $1,903,000
  Legal Name of Requesting Entity: Texas Tech University's Great Plains 
Wind Power Test Facility
  Address of Requesting Entity: 2500 Broadway, Lubbock, TX 79409
  Description of Request: The Center's research focuses on: testing 
utility-scale wind turbines designed for use in less-energetic wind 
regimes; assessing the risk and effects resulting from exposure to more 
extreme wind events; improving wind turbine design codes; ful-scale 
testing of wind-driven water desalination systems and their associated 
economics; and developing modeling codes for combined wind-water 
systems. FY09 funds, along with $552,000 state of Texas funds and up to 
$1 million in local matching funds, will be used to design, construct, 
instrument, operate and monitor the technical and economic performance 
of an integrated wind-driven water system capable of supplying 1 
million gallons/day of purified water. The module will be capable of 
replication for additional capacity and for adoption in other locales.
  Sponsoring Member: Congressman Randy Neugebauer
  Bill Number: H.R. 1105
  Account: Department of Health and Human Services, Health Resources 
and Services Administration: $238,000
  Legal Name of Requesting Entity: Muleshoe Area Hospital Center
  Address of Requesting Entity: 708 S First Street, Muleshoe, Texas 
79347
  Description of Request: The Muleshoe Area Hospital Center is a 
Critical Access Hospital that serves a large rural area with a 
population of 17,000 and per capita income of $13,700. The hospital 
provides care to a growing Medicare population, a large number of 
uninsured patients and indigent patients. The hospital has one rural 
health clinic with one physician, and the area has three other family 
practice physicians in two different locations, neither of which are 
rural clinics. Funding would go toward the hospital's efforts to 
combine the two clinics and physicians into the hospital's clinic, 
including expanding and renovating the existing facility and new 
equipment. The hospital believes that combining physicians into one 
clinic will provide better health care services, allow mid-level 
practitioners to support physicians and help recruit additional 
physicians to the rural area. The total project cost is $1.7 million, 
and the federal support will supplement local funding.
  Sponsoring Member: Congressman Randy Neugebauer
  Bill Number: H.R. 1105
  Account: Department of Health and Human Services, Health Resources 
and Services Administration: $190,000
  Legal Name of Requesting Entity: Texas Tech University Health 
Sciences Center
  Address of Requesting Entity: 2500 Broadway, Lubbock, TX 79409
  Description of Request: The Regional Interdisciplinary Simulation 
Center (RISC) at TTUHSC will provide a replica of multiple clinical 
settings and support the learner from student to the life-long learning 
needs of the expert practitioner. TTUHSC has designated approximately 
30,000 square feet for the establishment of a state-of-the-art regional 
simulation center in response to the Institute for Medicine report, 
Health Professions Education: A Bridge to Quality. The center will 
assist the learner in developing the competencies mandatory to ensure 
patient safety while promoting interdisciplinary collaboration, 
communication, and teamwork. FY09 funds, along with TTUHSC and local 
matching funds, will go toward purchase of human-patient simulator to 
facilitate the development of clinical competencies and judgment of 
students and practitioners of the health sciences; the total project 
cost is $3 million.
  Sponsoring Member: Congressman Randy Neugebauer
  Bill Number: H.R. 1105
  Account: Department of Health and Human Services, Health Resources 
and Services Administration: $190,000
  Legal Name of Requesting Entity: Texas Tech University Health 
Sciences Center
  Address of Requesting Entity: 2500 Broadway, Lubbock, TX 79409
  Description of Request: The Center of the Study of Addiction and 
Recovery is a unique and comprehensive educational, social support and 
recovery service network for students in higher education who are 
recovering from addictive disorders or who have grown up in families 
impacted by addiction. A main goal of the Center is to serve as a 
demonstration program that can easily be replicated by other 
institutions of higher education. The requested funding will be used 
for programmatic costs, specifically to: (1) determine and maximize the 
most effective methods of peer delivered support and empower persons in 
recovery to deliver these services; (2) provide an alternative peer 
community that combats the current ``culture of drinking'' on college 
campuses; (3) pursue research collaborations to improve programs that 
identify and meet the needs of students in recovery; and (4) develop an 
effective replication strategy and organizational plan to other 
institutions of higher education. The Center is currently working with 
the University of Texas-Austin, the University of Texas-San Antonio, 
the University of Colorado-Boulder and Tulsa Community College to form 
recovery centers at those campuses modeled after the one at Texas Tech. 
A cost share of $369,000 in state and local funds will be used with 
federal funds in FY09.
  Sponsoring Member: Congressman Randy Neugebauer
  Bill Number: H.R. 1105
  Account: Department of Transportation, Federal Transit 
Administration, Buses and Bus Facilities: $712,500
  Legal Name of Requesting Entity: City of Lubbock/Citibus
  Address of Requesting Entity: Citibus, PO Box 2000, Lubbock, TX 79457 
(806) 712-2001
  Description of Request: The buses will replace vehicles in the 
Citibus fleet that have exceeded their useful life. Many of the buses 
used for Citibus' services will be twelve years old and in need of 
replacement to better serve the Lubbock community. By purchasing hybrid 
electric buses, Citibus will be more environmentally friendly, and be 
less dependent on oil products; current technology electric hybrid 
buses will result in a 40% fuel savings over current usage. This bus 
purchase will be part of a multi-year Section 5309 request. Citibus 
would like to replace the fleet over a five year period at the rate of 
seven to eight buses per year.
  Sponsoring Member: Congressman Randy Neugebauer
  Bill Number: H.R. 1105
  Account: Department of Transportation, Federal Transit 
Administration, Busses and Bus Facilities: $456,000
  Legal Name of Requesting Entity: City of Abilene Paratransit
  Address of Requesting Entity: City of Abilene, PO Box 60, Abilene, TX 
79604
  Description of Request: Abilene operates an Americans with 
Disabilities Act-compliant paratransit service for persons whose 
physical or mental disability prevents them from using the accessible 
fixed-route bus service. However, Abilene's ability to meet the need 
for paratransit service is jeopardized due to heavy usage. The City has 
22 vehicles but 18 vehicles have exceeded their Federal Transit 
Administration useful life limits. The City requested assistance in 
replacing five paratransit vans to meet the transportation needs of the 
City's disabled population. City of Abilene will provide a cost share 
of $120,000 for the $600,000 total cost of this project.
  Sponsoring Member: Congressman Randy Neugebauer

[[Page 5804]]

  Bill Number: H.R. 1105
  Account:
  Department of Housing and Urban Development, Economic Development 
Initiatives: $142,500
  Legal Name of Requesting Entity: City of Abilene
  Address of Requesting Entity: City of Abilene, PO Box 60, Abilene, TX 
79604
  Description of Request: The Life Sciences Accelerator is a biotech 
facility located in a 20,000+ square foot building that will contain 
leased office space and laboratory facilities and research equipment to 
be ``time-shared'' by biotech company tenants. The Development 
Corporation of Abilene (DCOA), the economic development arm of the City 
of Abilene, has committed $4.85 million to the Accelerator, including 
the building and equipment--about a 95% local share. The Accelerator is 
part of a much larger biotech initiative by the City of Abilene/DCOA 
designed to diversify the regional economy through attraction of high-
paying research jobs. Properly outfitted lease space is needed to 
attract companies that license these discoveries (intellectual 
property) from the new Texas Tech School of Pharmacy in Abilene and 
elsewhere for commercialization. These federal funds will go toward the 
$1 million needed for equipment for the Accelerator, such as an Amnis 
ImageStream imaging flow cytometer, for example, which is available at 
only 35 other sites in the world and will help make the Accelerator a 
``world class'' research facility that attracts private investment and 
jobs.
  Sponsoring Member: Congressman Randy Neugebauer
  Bill Number: H.R. 1105
  Account: Department of Transportation, Federal Highway 
Administration, Interstate Maintenance: $475,000
  Legal Name of Requesting Entity: The Ports to Plains Trade Corridor
  Address of Requesting Entity: 5401 N MLK Blvd., Unit 395, Lubbock, TX 
79403 (806) 775-3373
  Description of Request: The Ports to Plains Trade Corridor is vital 
to the infrastructure of West Texas and will provide increased economic 
growth opportunities for Texas, and a recently-completed corridor 
management and development plan produced by the departments of 
transportation of Texas, Oklahoma, New Mexico and Colorado projected 
that if completed, the corridor will create 40,000 new jobs with an 
economic impact of $4.5 billion. That will provide a benefit to cost 
ratio of 3:1. Big Spring is currently in the path of the federally-
designated Ports-to-Plains Trade Corridor (section 1105(c) of ISTEA). 
While the Corridor will bring increased commerce, the increase of truck 
traffic will pose several safety hazards to the community. This 
commercial truck traffic, interspersed with community traffic along the 
current route, has slowed travel along this part of the Corridor. Due 
in most part to the grade changes and traffic signals, the increase of 
traffic through Big Spring threatens the safety and well-being of the 
city's residents. The US 87 reliever route will increase the fuel and 
speed efficiency when traveling US 87. The Ports-to-Plains Corridor has 
made significant strides in opening an alternative NAFTA trade route to 
the whole United States. This bypass will build on that success while 
resolving many safety and congestion issues.
  Sponsoring Member: Congressman Randy Neugebauer
  Bill Number: H.R. 1105
  Account: National Aeronautics and Space Administration, Cross-Agency 
Support: $500,000
  Legal Name of Requesting Entity: Texas Tech University
  Address of Requesting Entity: 2500 Broadway, Lubbock, TX 79409
  Description of Request: The Engineering Support for Extended Human 
and Robotic Space Flight Missions initiative will provide engineering 
support for extended human & robotic space flight missions, which will 
directly contribute to NASA's initiative of returning to the moon and 
going to mars. For human and robotic missions the Center for Space 
Sciences is addressing the need for a decreased reliance on mission 
control due to the communication delays that occur in long distance 
missions. For human missions the Center is also addressing the need for 
greater autonomy in dealing with the physical needs of the astronauts, 
including long term water recycling, which currently limits the 
habitation period possible without re-supply, and the ergonomics and 
human factors aspects of human performance in zero and reduced gravity 
environments. The major research areas will include recyclable/
renewable water resources, autonomous/renewable control systems and 
ergonomics/human factors crew support.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                         HON. ROBERT J. WITTMAN

                              of virginia

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. WITTMAN. Madam Speaker, pursuant to the House Republican 
standards on earmarks, I am submitting the following information for 
publication regarding earmarks I received as part of H.R. 1105, 
Consolidated Appropriations for Fiscal Year 2009.


        Project Name: Commercial Fish and Shellfish Technologies

  Account/Amount: Department of Agriculture: Cooperative State Research 
Education and Extension Services, $331,000
  Requested By: Virginia Tech, 210 Burruss Hall, Blacksburg, VA 24061
  Project Description: Declining crab populations are linked to 
worsening environmental conditions, like loss of habitat and a 
degradation of the water quality. The Commonwealth of Virginia 
petitioned the Department of Commerce for a federal fishery disaster 
declaration and requested federal assistance for Virginia watermen 
impacted by new restrictions on blue crab harvests in the Chesapeake 
Bay. The Secretary of Commerce approved the disaster designation and 
NOAA released $20 million in disaster assistance funds to Virginia and 
Maryland in November 2008. This project would develop re-circulating 
aquaculture technology to increase the supply of domestically produced 
high-value seafood products and provide sustainable economic 
development opportunities for distressed communities. The project has 
received numerous federal grants, and approximately $680,000 in local 
and state government funding.
  Financial Plan: Personnel $676,000; Equipment and Supplies $39,000; 
Laboratory Services and Publications $16,000


  Project Name: US Route 1/State Route 619 Traffic Circle/Interchange 
                                Project

  Account/Amount: FHWA, Federal Lands Highways, Public Lands Highways: 
1,187,500
  Requested By: Prince William County, Virginia One County Complex 
Court, Woodbridge, VA 22192
  Project Description: Funds would be used to construct an interchange/
traffic circle at the intersection of USR 1 and SR 619. The purpose of 
project is to safely and securely access the USMC Quantico Marine Corps 
Base and the National Marine Corps Museum (Heritage Center), which is 
adjacent to Quantico Marine Corps Base. This project will help 
alleviate traffic on USR 1 as a result of BRAC-mandated growth of the 
base. This project is included in the Virginia Six-Year Transportation 
Improvement Plan.
  Financial Plan: $5.5 million has previously been appropriated and 
there is a $1.2 million local match through state primary road formula 
funds. Prince William County is using $47,000,000 of local general 
obligation bonds to construct the section of Route 1 between SR 619 
Joplin Road and Brady's Hill Road that will match up to the 
interchange/traffic circle.


   Project Name: Onville Road Intersection and Road-Widening Project

  Requested By: Quantico Growth Management Committee/Stafford County, 
Virginia 1300 Courthouse Road Stafford County Administrative Complex 
Stafford, Virginia, 22555
  Account/Amount: FHWA, Federal Lands, Public Lands Highways, $950,000
  Project Description: Funds would be used for the Onville Road 
intersection and widening project. The purpose of this project is to 
relieve local road congestion between Garrisonville Road and the Marine 
Corps Base Quantico by improving access to MCBQ at the Onville Road 
Gate. The intersection and a portion of Onville Road is included in the 
state 6-Year Plan.
  Financial Plan:
  Amount of local matching funds: $675,000
  Amount of state matching funds: $350,000
  Total Project Cost: $13,000,000


 Project Name: Preliminary Engineering for the Interstate 95/ US Route 
                         17 Interchange Project

  Requested By: Spotsylvania County, 9104 Courthouse Road, 
Spotsylvania, VA 22553
  Account/Amount: FHWA, TCSP: $95,000
  Project Description: Funds would be used for preliminary engineering 
for a new interchange off of I-95 at U.S. Route 17 to facilitate 
traffic flow. This interchange is on Spotsylvania County's 
Comprehensive Plan as a needed improvement. Massaponax Traffic Corridor 
Study completed, with interchange recommendations. Interchange 
Justification Report (IJR) funded; Regional Transportation Improvement 
Program (TIP) Amended to Include in the Constrained Long Range Plan.
  Finance Plan:
  Interchange Justification Report: $300,000
  Preliminary Engineering Estimate: $2,000,000

[[Page 5805]]

  Final Engineering (10% Project cost): $17,800,000
  R/W & Utilities (20% Project cost): $35,600,000
  Construction (Net): $122,250,000
  Total Project Cost: $178,000,000


             Project Name: Chesapeake Bay Gateways Network

  Requested By: Commonwealth of Virginia, Department of Historic 
Resources 2801 Kensington Avenue Richmond, VA 23221
  Account/Amount: National Park Service: Statutory or Contractual Aid: 
$1,000,000
  Project Description: The Chesapeake Bay Gateways Network (CBGN) is a 
program of the National Park Service's Chesapeake Bay Program Office 
and closely aligned with the Captain John Smith Chesapeake National 
Water Trail. The CBGN is a partnership system of local, state, federal, 
and non-governmental parks, refuges, maritime museums, historic sites, 
and water trails around the Bay watershed. The CBGN is coordinated by 
the National Park Service (NPS) in cooperation with the Chesapeake Bay 
Program. In six years, the Gateways Network has grown to include 
thousands of miles of trails and tens of thousands of acres at sites in 
five states and Washington DC.
  Finance Plan: Virginia state offices manage funding for tourism, 
natural and cultural resources connected to the Network through 
departments' larger programs, provide a portion of grant matching funds 
for critical projects, participate in the advisory group to the 
Network, and participate in the tourism-related marketing by the 
Network.


  Project Name: Rappahannock River Valley National Wildlife Refuge, VA

  Requested by: The Nature Conservancy, 4245 N. Fairfax Drive, Suite 
100, Arlington, VA 22203
  Account/Amount: Fish and Wildlife Service, Land Acquisition: 
$1,500,000
  Project Description: Funds appropriated to the U.S. Fish and Wildlife 
Service will be used to acquire 470 acres in fee and conserve another 
390 acres with a conservation easement within the Rappahannock River 
Valley National Wildlife Refuge.
  Finance Plan: US F&W is the recipient of these funds. Funds will be 
used by the Fish and Wildlife Services for a fee simple acquisition of 
the 470-acre Bower Hill property and acquisition of a conservation 
easement on the 390-acre Winters tract. The Fish and Wildlife Service 
own and manage the Bower Hill property and would hold and monitor the 
easement on the Winters tract.


      Project Name: Hampton University Cancer Treatment Initiative

  Requested By: Hampton University 3 Shore Road, Hampton, Virginia 
23668
  Account/Amount: HHS, HRSA, Health Facilities and Services: $571,000
  Project Description: The Hampton University Cancer Treatment 
Initiative (HUCTI) will offer active and retired military personnel and 
their dependents world-class cancer detection and treatment facilities 
unique to the Hampton Roads area. HUCTI's programmatic and 
infrastructure components will include improved cancer prevention, 
detection and diagnostic services, and treatments and cures, for 
cancers that disproportionately affect minority communities, 
particularly breast cancer and prostate cancer. HUCTI's centerpiece 
will be a regional proton beam therapy facility with as many as four 
treatment bays. Proton therapy is a precise and advanced form of tumor 
treatment, especially useful for those previously unreachable or not 
treatable without inducing significant damage to healthy surrounding 
tissues.
  Finance Plan: The State commitment is $1 million. The City has 
donated the land and committed $1 million. Financing through tax-exempt 
bonds and other equity investors has also been arranged by the 
University. $5 million in previous federal appropriations. Additional 
revenue will be generated through patients using the medical services. 
Total cost of project: $227 million.


    Project Name: Riverside Health System, Patient Navigator Program

  Requested By: Riverside Health System, Riverside Regional Medical 
System 12100 Warwick Blvd, Newport News, VA 23601
  Account/Amount: Health Resources and Services Administration--Health 
Facilities and Services: $95,000
  Project Description: Funds would be used to expand the ``Patient 
Navigator Program'' that will help guide hundreds of cancer patients 
through the complex, and often overwhelming, maze of health care 
treatment this year. Insurance companies will not reimburse Riverside 
for its navigator program, which assists patients with understanding 
how to coordinate their treatment and recovery programs. Many of the 
patients who benefit from the Navigator program are people where the 
federal government is the primary payer for their treatment. These 
patients are often unable to cope with the sheer scope of services that 
need to be coordinated for successful treatment and the Navigator 
program provides them with key assistance.
  Finance Plan: Riverside will provide at least 42% of the project's 
total cost in year one and ongoing costs in future years. Riverside has 
previously received $346,000 in federal appropriations and grants. 
Total cost of project: $1,000,000


             Project Name: Germanna Nurse Training Program

  Requested By: Germanna Community College 10000 Germanna Point Drive, 
Fredericksburg, VA 22408
  Account/Amount: Higher Education (includes FIPSE): $285,000
  Project Description: The Germanna Nurse Training Program will 
educate, train and certify individuals in order to increase the pool of 
qualified registered nurses, practical nurses, and nursing assistants 
for area workforces. Germanna will also work with other colleges to 
encourage students to move from a certified nurse aide to a licensed 
practical nurse to a registered nurse. The program provides clinics on 
campuses as well as in hospitals, and distance learning courses that 
can be accessed by students almost anywhere. Upon completion, the 
program will provide the region with over 1,000 RNs over the next four 
years. This program will also work with area employers to fill jobs 
with graduates of the nursing training program.
  Finance Plan: Equipment $250,000; Personnel $368,000; Supplies 
$52,000


      Project Name: Fredericksburg Area Museum and Cultural Center

  Requested by: Fredericksburg Area Museum and Cultural Center PO Box 
922 Fredericksburg, VA 22404/1001 Princess Anne St., Fredericksburg, VA 
22401
  Account/Amount: Institute of Museums and Library Services: Museums 
and Libraries: $190,000
  Project Description: The Museum seeks funds for interactive exhibits 
and programs which are curriculum-coordinated, grade-level targeted and 
correlated to education objectives outlined in the Virginia Standards 
of Learning (SOL). This account assists public libraries and museums in 
improving public services, promoting broader access for users, using 
technology to enhance services, and supporting collaborative efforts 
between libraries and museums.
  Finance Plan:

----------------------------------------------------------------------------------------------------------------
                                                            Fabrication                                 Audio-
                      Exhibit total                            costs       Graphic    Interactive/      visual
----------------------------------------------------------------------------------------------------------------
Fredericksburg at War...................................        $440,872     65,000         198,050      703,922
Indians/River Exhibits..................................        $250,982     52,000          50,000      352,982
Railways and Roadways...................................         $56,358     36,000          38,000      130,358
Banking Exhibit.........................................          $7,859      5,000               0       12,859
Our Community...........................................         $13,626     12,000          23,000       48,626
Document Gallery........................................         $58,303      2,500               0       60,803
----------------------------------------------------------------------------------------------------------------

  The Museum has thus far raised approximately $10.3-million of its 
overall $12-million budget for the project. State funding: $910,000. 
Local funding: $700,000 from the City of Fredericksburg.


      Project Name: Restore Oyster Habitats in the Chesapeake Bay

  Requested By/ Recipient: Commonwealth of Virginia and the State of 
Maryland
  Account/Amount: Department of Commerce, NOAA Operations, Research and 
Facilities: $4.6 million
  Project Description: Funds would be used to build the hatchery and 
remote setting infrastructure and to modify existing technology to the 
local conditions. This will insure the development of infrastructure 
and technology necessary to produce oysters on a commercial scale by 
hatchery and the remote settings throughout the Virginia portion of the 
Chesapeake Bay. NOAA is one of the primary federal agencies involved in 
oyster restoration in the Chesapeake Bay. The NOAA Chesapeake Bay 
Office (NCBO) is working with federal, state, and local partners in 
Virginia to implement large-scale restoration and to support research 
to better manage the diseases that plague the oyster today. NCBO funds 
have supported extensive evaluation, survey, and initial monitoring 
efforts of an expanded partnership project, which now includes the 
Virginia Marine Resources Commission, Virginia Institute of Marine 
Science, U.S. Army Corps of Engineers Norfolk District, and the 
Chesapeake Bay Foundation. Current efforts are focusing on the Great 
Wicomico River, with plans to move into the Lynnhaven River.
  Finance Plan for the Commonwealth of Virginia:
  Hatchery Infrastructure and Facility Incentives: $500,000
  Remote Setting Facility Incentives: $200,000

[[Page 5806]]

  Remote Setting and Hatchery Technology Development: $300,000
  60,000 Bushels of Oyster Spat on Shell production: $1,500,000
  (360,000,000 oysters per year)


       Project Name: Virginia Trawl Survey, Gloucester Point, VA

  Requested by: Virginia Institute of Marine Science (VIMS) Route 1208 
Greate Road, Gloucester Point, VA 23062
  Account/Amount: Department of Commerce, NOAA Operations, Research and 
Facilities: $150,000
  Project Description: The Chesapeake Bay supports a variety of 
recreationally and commercially important finfish species. These 
fisheries contribute up to $500 million to the Commonwealth's economy. 
The Virginia Trawl Survey is a long-term program that ensures the 
collection and reporting of critical data on the recruitment, current 
and future abundance, and general ecological health of the finfish 
populations in the Chesapeake Bay on an annual basis. Such information 
is used by the various agencies, including the Atlantic States Marine 
Fisheries Commission and the Commonwealth of Virginia to support 
management of key fisheries. Proper long-term management of these 
finfish resources ensures stability of both the ecology of the Bay and 
the economic livelihood of fishery participants. Discontinuation of the 
Virginia Trawl Survey would violate federal law and could prompt 
management agencies to declare Virginia out of compliance with state 
mandates. The impacts of noncompliance would be devastating as several 
of the Commonwealth's recreational and commercial fisheries, such as 
those for striped bass and summer flounder, would be closed.
  Finance Plan:
  State funding: $64,658
  VIMS funding: $367,789
  Previously received over $1.2 million in federal appropriations. 
According to the Virginia Marine Resources Commission, the survey costs 
$800,000 annually to execute.


     Project Name: Prince William County Law Enforcement Technology

  Requested By: Prince William County One County Complex Court, 
Woodbridge, VA 22192
  Account/Amount: DOJ, COPS Law Enforcement Technology: $300,000
  Project Description: The scope of this project is to equip all 270 
police operations vehicles with an in-car camera system, supported by 
appropriate staff and training resources. This will ensure that the 
County of Prince William, specifically the Police Department, will be 
able to provide a true and accurate depiction of events that occur 
during police contact with community members. There are significant 
benefits in terms of evidentiary value, liability protection, officer 
safety, and taxpayer savings.
  Finance Plan:
  Local Matching Funds: $1,626,209
  Capital Equipment Purchase: $1,794,550
  Operating Costs: $1,267,299
  Total Project Cost: $3,061,849


               Project Name: An Achievable Dream Academy

  Requested By: An Achievable Dream, Inc., 10858 Warwick Blvd., Suite 
A, Newport News, VA 23601
  Account/Amount: DOJ, Office of Justice Programs, Juvenile Justice: 
$700,000
  Project Description: The 1,000 students in grades kindergarten 
through 12th benefit from Achievable Dreams' support of social, 
academic and moral curricula proven effective over 15 years of 
operating the public/private partnership with Newport News Public 
Schools. It has been a major focus of the federal government to provide 
support to public education to raise standards and performance. This 
objective is embodied through major initiatives and legislation, namely 
the No Child Left Behind Act. The vast majority of students enrolled in 
the An Achievable Dream program have an immediate family member who is 
in prison or a victim of violence. Newport News Sheriff's deputies and 
Newport News Police Officers are a daily presence at the school, 
providing the students with a sense of discipline and bridging the gap 
between law enforcement and a community that generally distrusts law 
enforcement.
  Finance Plan: Personnel $390,000; Supplies and Equipment $260,000; 
Consultants, Contracts and Training $50,000
  Local Matching Funds: $100,000
  State Matching Funds: $427,500
  Private Matching Funds: $1,500,000


                   Project Name: Stafford County PAS

  Recipient of Funds/Requested by: Army Corps of Engineers, Baltimore 
District 31 Hopkins Plaza Baltimore, MD 21201
  Account/Amount: ACOE, Investigations, PAS: $150,000
  Project Description: Funding would be used to complete remaining work 
on Stormwater Infrastructure and Watershed management Study.
  Finance Plan: ACOE Baltimore District is the recipient of the funds.


                  Project Name: Little Wicomico River

  Recipient of Funds/Requested by: Army Corps of Engineers, Baltimore 
District, 31 Hopkins Plaza Baltimore, MD 21201.
  Account/Amount: ACOE, O&M: $870,000
  Project Description: The project provides for a channel 8 feet deep 
and 150 feet wide from the Potomac River to deep water in the Little 
Wicomico River; two stone jetties, 1,000 feet and 1,300 feet long at 
the entrance; and 1,007 linear feet of timber bulkhead to stabilize the 
dredged inner channel. The project is located at the junction of the 
Potomac River and the Chesapeake Bay. FY2009 funds are required to 
maintenance dredge the project channel.
  Finance Plan: ACOE Baltimore District is the recipient of the funds.


       Project Name: New Point Comfort RSM Demonstration Program

  Requested by: Mathews County, Virginia
  Recipient of Funds: Army Corps of Engineers Norfolk District, 803 
Front Street Norfolk, VA 23510
  Account/Amount: ACOE, O&M: $238,000
  Project Description: Complete feasibility study for National Regional 
Sediment Management Demonstration Project, Chesapeake Bay.
  Finance Plan: ACOE Norfolk District is the recipient of the funds.


                Project Name: NOAA Chesapeake Bay Office

  Recipient of Funds: NOAA Chesapeake Bay Office
  Requested by: The Conservation Fund, 1655 N. Fort Myer Dr., Suite 
1300 Arlington, VA 22209-3199
  Account/Amount: NOAA--Operations, Research and Facilities: $500,000
  Project Description: The Chesapeake Bay Interpretive Buoy System is 
an existing NOAA program specific to Chesapeake Bay. The program is 
part of the Chesapeake Bay Observing System and the larger US Ocean and 
Coastal Observing System.
  The system provides real-time data and interpretation to further 
protect, restore, and manage the Chesapeake Bay. Agencies and 
organizations monitoring Chesapeake Bay health recognize that 
continuous measurements of water quality are necessary to evaluate 
restoration progress.
  Finance Plan: NOAA is the recipient of these funds.
  System Expansion (5 buoys and sensors): $600,000
  System Operations and Maintenance: $200,000
  Education Materials: $200,000
  Total: $1,000,000


                  Program Name: Reading is Fundamental

  Recipient of Funds: Reading is Fundamental 1825 Connecticut Avenue, 
N.W. Suite 400 Washington, DC 20009
  Account/Amount: Department of Education, National Projects: 
Innovation and Improvement: $24,803,000
  Program Description: Reading is Fundamental is a federally-authorized 
national program with a priority on reaching underserved children from 
birth to age 8. Reading is Fundamental provides 4.6 million children 
with 16 million new, free books and literacy resources each year across 
the country. There were 454 sites in Virginia.
  Finance Plan:
  $5.7 million in private funds secured in 2007
  $8.6 million raised in communities served in 2007
  Supporting over 20,000 program sites and 340,000 community volunteers 
in 2007

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                         HON. MICHAEL N. CASTLE

                              of delaware

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. CASTLE. Madam Speaker, pursuant to the House Republican standards 
on earmarks, I am submitting the following information regarding 
funding for Delaware included as part of FY 2009 Omnibus Appropriations 
Act, H.R. 1105:


 Division A--Agriculture, Rural Development, FDA, and Related Agencies

  Name of Project: Agriculture Compliance Laboratory Equipment, 
Delaware
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Legal Name of Requesting Entity: Delaware Department of Agriculture
  Address of Requesting Entity: Tatnall Building, William Penn Street, 
Dover, DE, 19901
  Account: Animal and Plant Health Inspection Service, Salaries and 
Expenses

[[Page 5807]]

  Description of Request: $69,000 for the Delaware Department of 
Agriculture to upgrade the equipment and facilities in the lab needed 
to provide a safe testing environment with its own ventilation system 
and a high-capacity incinerator to reduce the risk of zoonotic diseases 
from animals spreading to workers in the facility.


      Division B--Commerce, Justice, Science, and Related Agencies

  Name of Project: For Preliminary Engineering Assessments before 
Message Switcher Upgrades
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Legal Name of Requesting Entity: Delaware State Police Department
  Address of Requesting Entity: Tatnall Building, William Penn Street, 
Dover, DE, 19901
  Account: COPS Law Enforcement Technology
  Description of Request: $100,000 to update Delaware's Message 
Switcher hardware, which connects Delaware law enforcement to federal 
agencies so that they may receive critical information useful for 
fighting crime.
  Name of Project: For the purchase and installation of In-Car Cameras 
and Related Equipment
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Legal Name of Requesting Entity: The Delaware State Police Department
  Address of Requesting Entity: Tatnall Building, William Penn Street, 
Dover, DE, 19901
  Account: COPS Law Enforcement Technology
  Description of Request: $500,000 will be used for the purchase of 300 
digital cameras and associated computer equipment to be placed in all 
Delaware State Police vehicles.
  Name of Project: For the purchase of a Mobile Gunshot Locator System
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Legal Name of Requesting Entity: State of Delaware
  Address of Requesting Entity: 303 Transportation Circle, Dover, DE, 
19901
  Account: COPS Law Enforcement Technology
  Description of Request: $250,000 will be used to purchase the 
ShotSpotter Gunshot Location System (GLS) for the City of Wilmington, 
City of Dover, and the Delaware State Police. The amount of deaths 
resulting from gunfire continues to be the single leading cause of 
crime-related death in the United States, and Delaware has experienced 
numerous gun crimes. A 60-90 percent decrease in gunfire has occurred 
in other states who have utilized ShotSpotter. This system will place 
sensors at specific coordinates to accurately detect and locate the 
origin of gunshots, which can help lead law enforcement to apprehend 
criminals with that information. Implementing ShotSpotter in Wilmington 
and Dover, and having a non-fixed movable system will assist Delaware 
law enforcement in fighting against crime.
  Name of Project: For Programs to increase the Efficiency and 
Effectiveness of License Plate Scanning Technology for Law Enforcement
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Legal Name of Requesting Entity: New Castle County
  Address of Requesting Entity: 3601 North DuPont Highway, New Castle, 
DE 19720
  Account: COPS Law Enforcement Technology
  Description of Request: $200,000 will be used to upgrade the wireless 
data throughput and mobile data terminals (MDTs) and implement an 
Automated License Plate Recognition System (ALPR) so that officers will 
more efficiently be able to access data in the field and adequately 
address vehicle theft.
  Name of Project: To Provide Service Intervention to Girls Ages 12-18 
(DE Girl's Wraparound Project)
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Legal Name of Requesting Entity: Children and Families First
  Address of Requesting Entity: 2005 Baynard Boulevard, Wilmington, DE 
19802
  Account: OJP--Juvenile Justice
  Description of Request: $400,000 for providing intensive home-based 
counseling and case management to girls ages 12-18 who have been 
incarcerated or are at immediate risk of incarceration. Children and 
Families First is a not for profit social service agency that developed 
in Delaware in 1992. The Girls Wraparound Program uses research-based 
tactics to prevent recidivism in youth with histories of juvenile 
delinquency. The goal of this six month program will be to not only 
eliminate involvement in the juvenile justice system, but also improve 
family functioning, and improve personal strengths to assist the girls 
in succeeding in school and the workforce.
  Name of Project: For the Purchase of Video Surveillance Cameras in 
the Downtown Area
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Legal Name of Requesting Entity: City of Newark, Delaware, Police 
Department
  Address of Requesting Entity: 220 Elkton Road, Newark, DE 19711
  Account: COPS Law Enforcement Technology
  Description of Request: $115,420 to provide eight digital 
surveillance cameras in the downtown Newark area to assist in crime 
prevention, detection, and the identification of suspects. This large 
population, that is concentrated in a small area, would benefit from 
this surveillance program which will prevent and help catch criminals 
involved in street crimes and robberies. Similar surveillance programs 
have been implemented in other cities around the state of Delaware and 
have experienced tremendous success.
  Name of Project: To Create a Community Model for Formal and Informal 
Earth and Space Education
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Legal Name of Requesting Entity: Delaware AeroSpace Education 
Foundation
  Address of Requesting Entity: 5 Essex Drive, Bear, DE 19701
  Account: National Aeronautics and Space Administration
  Description of Request: $500,000 to create a community model for 
formal and informal Earth and Space Education using two unique outdoor 
exhibits as a focal point for school programming, professional 
development and public outreach. The goal of this project is to provide 
schools and the general public with an inquiry-based, interdisciplinary 
framework of Science, Technology, Engineering and Mathematics (STEM) 
learning experiences.
  Name of Project: To Test and Evaluate Mobile Crime Scene and Evidence 
Tracking Application
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Legal Name of Requesting Entity: Delaware State University (DSU)
  Address of Requesting Entity: 1200 North Dupont Highway, Dover, DE, 
19901
  Account: COPS Law Enforcement Technology
  Description of Request: $2,000,000 to test the efficacy of day to day 
crime scene investigatory capabilities to allow greater effectiveness 
of law enforcement. DSU developed a Mobile Crime Scene and Evidence 
Tracking Pilot Project in close cooperation with State of Delaware's 
Department of Safety and Homeland Security, and state and local law 
enforcement agencies.
  Name of Project: To Expand Services to At-Risk Students in Middle and 
High School
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Legal Name of Requesting Entity: Jobs for Delaware Graduates (JDG), 
Inc.
  Address of Requesting Entity: 381 W. North Street Dover, Delaware 
19904
  Account: OJP--Juvenile Justice
  Description of Request: $1,353,000 will be used to expand Jobs for 
Delaware Graduates (JDG) programs to ``at-risk'' students in Middle 
School and High School and increase school graduation rates. JDG was 
organized in 1979 as a private, non-profit corporations designed to 
prepare highly at-risk seniors to transition from school to work. JDG 
targets students who may be economically disadvantaged, lack job 
skills, display poor academic performance, have personal or family 
problems, or have disciplinary problems and works with these children 
daily to keep them on the right track. During the 2006-2007 school year 
JDG served a total of 2,322 students. Funding will help JDG expand 
services to 1,320 additional students; implement a middle school 
program for grades 7th and 8th; and increase the graduation rates for 
at-risk high school students.
  Name of Project: To Continue a Statewide Survey of Youth that 
Provides Estimates of Student Substance Abuse, Crime, and Gambling
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Legal Name of Requesting Entity: University of Delaware, Center for 
Drug & Alcohol Studies
  Address of Requesting Entity: 210 Hullihen Hall, Newark, DE 19716

[[Page 5808]]

  Account: OJP--Juvenile Justice
  Description of Request: $65,000 will be used to supplement the 
Delaware School Survey Project to provide special analysis of juvenile 
substance use, violence, and delinquency.
  Name of Project: Delaware River Enhanced Flood Warning System
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Account: NOAA-Operations, Research and Facilities
  Legal Name of Requesting Entity: Delaware River Basin Commission 
(DRBC)
  Address of Requesting Entity: 25 State Police Drive, West Trenton, 
New Jersey
  Description of Request: $235,000 to the Delaware River Basin 
Commission for the Delaware River Enhanced Flood Warning System. 
Funding for this project will be used to assist the DRBC, in 
conjunction with NOAA/NWS, USGS and the Army Corps of Engineers, with 
the enhancement of the basin's flood warning system.


                Division C--Energy and Water Development

  Name of Project: Red Clay Creek, Christina River Watershed, DE
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Account: Army Corps, Investigations
  Legal Name of Requesting Entity: U.S. Army Corps of Engineers
  Address of Requesting Entity: 100 Penn Square East, Philadelphia, PA 
19107
  Description of Request: $287,000 for flood damage reduction, 
ecosystem restoration, water quality control, and other related 
purposes at Red Clay Creek.
  Name of Project: White Clay Creek, New Castle, DE
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Account: Army Corps, Investigations, Flood Plain Management Services
  Legal Name of Requesting Entity: U.S. Army Corps of Engineers
  Address of Requesting Entity: 100 Penn Square East, Philadelphia, PA 
19107
  Description of Request: $200,000 is listed for possible continuation 
of a study which would evaluate recent flooding that has occurred as a 
result of numerous storm events in the last several years that have 
caused substantial flood damages and have altered channel segments. The 
study would update flood plain mapping and provide other flood plain 
management type assistance to communities along the White Clay Creek.
  Name of Project: Delaware Coast Protection, DE
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Account: Army Corps, Construction
  Legal Name of Requesting Entity: DE Dept. of Natural Resources & 
Environmental Control
  Address of Requesting Entity: 89 Kings Hwy, Dover, Delaware 19901
  Description of Request: $373,000 to reimburse the state of Delaware 
for the Federal share of the annual operation and maintenance of the 
sand bypass facilities.
  Name of Project: Little Mill Creek, New Castle County, DE
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Account: Army Corps, Flood Control Projects (Section 205)
  Legal Name of Requesting Entity: U.S. Army Corps of Engineers
  Address of Requesting Entity: 100 Penn Square East, Philadelphia, PA 
19107
  Description of Request: Little Mill Creek is listed among potential 
Section 205 projects. Funding would be used for flood mitigation on the 
lower reach of Little Mill Creek. Specifically, project includes 
revaluation of the 1995 Feasibility Report, preparation of a 
Supplemental Environmental Assessment and Real Estate Plan, and 
developing the plans and specs for the lower reach.
  Name of Project: Harbor of Refuge, Lewes, DE
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Account: Army Corps Operations & Maintenance
  Legal Name of Requesting Entity: U.S. Army Corps of Engineers
  Address of Requesting Entity: 100 Penn Square East, Philadelphia, PA 
19107
  Description of Request: $235,000 to repair and re-enforce Harbor of 
Refuge Breakwater wall. Funding will be used to strengthen the most 
damaged spots at the south end of the mile-and-a-half long wall in a 
manner that should dramatically slow further deterioration at the south 
end of the 100 year-old structure--the National Register of Historic 
Properties Breakwater at the Harbor of Refuge.
  Name of Project: Indian River Inlet and Bay, Sussex County, DE
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Account: Army Corps Operations & Maintenance
  Legal Name of Requesting Entity: U.S. Army Corps of Engineers
  Address of Requesting Entity: 100 Penn Square East, Philadelphia, PA 
19107
  Description of Request: $235,000 to determine the cause of and make 
repairs to severe scour holes that have developed in the areas of the 
Indian River Inlet Bridge, Coast Guard facility and jetties; also to 
perform dredging of the channel located in the Indian River Bay area, 
and use the material to fill scour holes.
  Name of Project: Intracoastal Waterway, Delaware River to Chesapeake 
Bay
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Account: Army Corps Operations & Maintenance
  Legal Name of Requesting Entity: U.S. Army Corps of Engineers
  Address of Requesting Entity: 100 Penn Square East, Philadelphia, PA 
19107
  Description of Request: $13,710,000 for operations and maintenance of 
the Canal, including painting Summit Bridge, repairing potholes on St. 
George's & Summit Bridges, and for paving and structural improvements 
on the 1st tier service road on the north side of the Canal.
  Name of Project: Mispillion River, DE
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Account: Army Corps Operations & Maintenance
  Legal Name of Requesting Entity: U.S. Army Corps of Engineers
  Address of Requesting Entity: 100 Penn Square East, Philadelphia, PA 
19107
  Description of Request: $249,000 for maintenance dredging of critical 
shoaling areas within the 6-foot federal channel which presently pose a 
hazard to commercial fishing navigation channel; placement of dredged 
material on the shoreline, which will aid in habitat restoration that 
will benefit the federally threatened migratory bird, the Red Knott, 
and horseshoe crab; and for developing plans for replacement of the 
south jetty at Mispillion River.
  Name of Project: Wilmington Harbor, DE
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Account: Army Corps Operations & Maintenance
  Legal Name of Requesting Entity: U.S. Army Corps of Engineers
  Address of Requesting Entity: 100 Penn Square East, Philadelphia, PA 
19107
  Description of Request: $3,479,000 for operations and maintenance of 
Wilmington Harbor and to construct cross dike at Killcohook Disposal 
Area and perform additional dredging. Funding was also requested for an 
aggressive disposal area management plan supported by both hired labor 
and leased equipment, and for critical dike-raising work within the 
disposal areas.
  Name of Project: Hydrogen Storage System for Vehicular Propulsion 
(DE)
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Account: DoE, EERE, Vehicle Technologies
  Legal Name of Requesting Entity: Delaware State University
  Address of Requesting Entity: 1200 N. DuPont Highway, Dover, 19701
  Description of Request: $1,427,250 for developing new hydrogen 
storage materials at Delaware State University and to test them in a 
hydrogen storage containment system that will be designed by scientists 
in the Mechanical Engineering department.
  Name of Project: Mid-Atlantic River Commissions
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Account: Army Corps Expenses
  Legal Name of Requesting Entity: Delaware River Basin Commission
  Address of Requesting Entity: 25 State Police Drive, West Trenton, 
New Jersey, 06828
  Description of Request: $2,365,000 to fund the Mid-Atlantic River 
Commissions, including the federal obligation contained in the Delaware 
River Basin Compact (P.L. 87-328, Article 13, Section 13.3c) to support 
the Delaware River Basin Commission, formed in 1961 as a federal-
interstate compact commission consisting of the basin states, New 
Jersey, Pennsylvania, Delaware and New York.
  Name of Project: Delaware River Comprehensive NY, NJ, PA & DE

[[Page 5809]]

  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Account: Army Corps Investigations
  Legal Name of Requesting Entity: U.S. Army Corps of Engineers
  Address of Requesting Entity: 100 Penn Square East, Philadelphia, PA 
19107
  Description of Request: $5,000 for feasibility study to develop a 
flood analysis model and watershed flood management plan, and evaluate 
the existing flood warning system for the Delaware River Basin.


         Division D--Financial Services and General Government

  Name of Project: New Castle County Chamber of Commerce for an 
Emerging Enterprise Center, business incubator
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Legal Name of Requesting Entity: New Castle County Chamber of 
Commerce
  Address of Requesting Entity: 12 Penns Way, New Castle, DE 19720
  Account: Small Business Administration
  Description of Request: $499,000 to be used for upgrades to the 
incubator will be used to outfit the Emerging Enterprise Center's 
incubator space with walls and office doors where they do not currently 
exist; construct 4,000 square feet of lab space; purchase office 
furniture for incubator offices; purchase conference room furniture; 
purchase conference room audio/visual equipment; and to fund initial 
operating costs including salaries and overhead for the project to 
become self-sufficient.


        Division E--Interior, Environment, and Related Agencies

  Name of Project: City of Wilmington wastewater treatment plant 
headworks upgrade
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Account: STAG
  Legal Name of Requesting Entity: City of Wilmington
  Address of Requesting Entity: 800 French Street, Wilmington, Delaware 
19801
  Description of Request: $300,000 to the City of Wilmington for the 
wastewater treatment plant headworks upgrade. This project will address 
a hydraulic limitation at the wastewater treatment plant which prevents 
this regional treatment plant from treating additional wet weather 
flows.
  Name of Project: New Castle County for Old Shellpot Interceptor 
improvements
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Account: STAG
  Legal Name of Requesting Entity: New Castle County
  Address of Requesting Entity: 87 Reads Way, New Castle, Delaware 
19720
  Description of Request: $698,000 to New Castle County for Old 
Shellpot Interceptor Improvements. Funding will be used for the lining 
and rehabilitating of the existing Old Shellpot Interceptor, consisting 
of over 40,000 linear feet of pipe.
  Name of Project: Green Horizons
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Account: Forest Legacy
  Legal Name of Requesting Entity: State of Delaware
  Address of Requesting Entity: Tatnall Building, William Penn St., 
Dover, DE 19901
  Description of Request: $2,000,000 for Delaware's Green Horizons 
Forest Legacy project. Funds will be used for Delaware to acquire and 
protect an additional 460 acres of undisturbed forestland and 
represents phase-VI of efforts to purchase and protect the remaining 
acreage of the Glatfelter Pulpwood Company, the state's largest private 
landowner.


 Division F--Labor, Health and Human Services, Education, and Related 
                                Agencies

  Name of Project: Beebe Medical Center for the construction of a new 
School of Nursing
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Account: Health Resources and Services Administration
  Legal Name of Requesting Entity: Beebe Medical Center
  Address of Requesting Entity: 424 Savannah Road, Lewes, Delaware 
19958
  Description of Request: $476,000 to Beebe Medical Center for the 
construction of a new School of Nursing. Funding will be used for 
capital improvements, including site work, architectural design, 
construction, and equipment. The goal of the School of Nursing 
Expansion is to train more nurses to care for patients in Delaware and 
the Delmarva Peninsula. The new 2-story building will accommodate the 
growth of Beebe's nursing enrollment by 100%, from 30 to 60 students in 
each class.
  Name of Project: Christiana Care Health System to renovate and expand 
Wilmington Hospital's Emergency Department
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Account: Health Resources and Services Administration
  Legal Name of Requesting Entity: Christiana Care Health System
  Address of Requesting Entity: 1501 West 14th Street, Wilmington, 
Delaware 19801
  Description of Request: $285,000 to Christiana Care Health System to 
renovate and expand Wilmington Hospital's Emergency Department, and the 
on-campus primary care Health Center expansion project. Federal funds 
will help support doubling the physical size of the Emergency 
Department to 63,000 square feet and adding 26 treatment bays, an 87% 
size increase; will also support the on-campus Health Center, a primary 
care facility that offers adult, pediatric, dental, women's health, 
pre-natal, ophthalmology and podiatry health services.
  Name of Project: DE Dept. of Education--Starting Stronger early 
childhood learning initiative
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Legal Name of Requesting Entity: Delaware Department of Education
  Address of Requesting Entity: 401 Federal Street, Suite 2, Dover, DE 
19901
  Account: Fund for the Improvement of Education
  Description of Request: $190,000 to the Delaware Dept. of Education 
for the Starting Stronger early childhood learning initiative, which 
will support Delaware's Vision 2015 initiative. Starting Stronger will 
encompass an integrated matrix of professional development, family 
support resources and collaborative learning experiences that are 
aligned with Delaware's early learning standards.
  Name of Project: Delaware Division of Public Health, infant mortality 
reduction initiative
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Account: Centers for Disease Control
  Legal Name of Requesting Entity: Delaware Division of Public Health
  Address of Requesting Entity: 417 Federal Street, Dover, Delaware 
19901
  Description of Request: $190,000 to the Delaware Division of Public 
Health for an infant mortality reduction initiative to implement eight 
of the State of Delaware's Task Force recommendations: Fetal Infant 
Mortality Review; Pregnancy Risk Assessment Monitoring System; Delaware 
Healthy Mother and Infant Consortium; Center for Excellence in Maternal 
and Child Health and Epidemiology; Access to Care; Preconception Care; 
Comprehensive (Holistic) Family Practice Team Model of Care; and a 
State-wide Education Campaign.
  Name of Project: Delaware State University for facilities and 
equipment
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Account: Health Resources and Services Administration
  Legal Name of Requesting Entity: Delaware State University
  Address of Requesting Entity: 1200 N. DuPont Highway, Dover, Delaware 
19901
  Description of Request: $190,000 to Delaware State University for 
facilities and equipment. Funding will assist with the establishment of 
a school of pharmacy in central Delaware to aid in supplying the needed 
pharmacy workforce and adequately address the growing healthcare needs 
of the retiring population.
  Name of Project: Delaware Technical & Community College for purchase 
of equipment
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Account: Health Resources and Services Administration
  Legal Name of Requesting Entity: Delaware Technical & Community 
College
  Address of Requesting Entity: 100 Campus Drive, Dover, Delaware 19903
  Description of Request: $190,000 to Delaware Technical & Community 
College for purchase of equipment at each of the College's four 
campuses located throughout the State of Delaware (Georgetown, Dover, 
Stanton and Wilmington). Lab upgrades and new instructional equipment 
will help train students for high-demand careers in such areas as 
health, engineering technology, biotechnology, computer science and 
other technological and industrial fields.
  Name of Project: Metropolitan Wilmington Urban League Achievement 
Matters! program

[[Page 5810]]

  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Account: Fund for the Improvement of Education
  Legal Name of Requesting Entity: Metropolitan Wilmington Urban League
  Address of Requesting Entity: 100 West 10th Street, Suite 710, 
Wilmington, DE 19801
  Description of Request: $190,000 for the Metropolitan Wilmington 
Urban League to expand the Achievement Matters! program. Funding will 
be used to provide community and school-based interventions for low 
income and minority students. The funding will help complete the final 
phases of the project and provide services to this community to improve 
retention and high school graduation rates for children, prepare 
students for life beyond high school, whether it is in college, the 
military, or in the workforce, and aim to reduce the achievement gap.
  Name of Project: Capital infrastructure improvements to St. Francis 
Hospital
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Account: Health Resources and Services Administration account
  Legal Name of Requesting Entity: St. Francis Hospital Foundation
  Address of Requesting Entity: 701 N. Clayton Street, Wilmington, 
Delaware 19805
  Description of Request: $285,000 to make capital infrastructure 
improvements to St. Francis Hospital, including two new roofs, windows, 
HVAC systems, heat pumps, water lines, doors and wall penetrations.
  Name of Project: University of Delaware's Delaware Biotechnology 
Institute
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Account: Health Resources and Services Administration
  Legal Name of Requesting Entity: University of Delaware
  Address of Requesting Entity: 107 Hullihen Hall, Newark, Delaware 
19716
  Description of Request: $190,000 for the University of Delaware's 
Delaware Biotechnology Institute, including equipment. Funding will be 
used to strengthen Delaware's biomedical research capabilities by 
building on existing programs in cancer research and bioinformatics, 
supporting the necessary research infrastructure, and beginning new 
infrastructure in cardiovascular and neuroscience research.
  Name of Project: Wesley College for renovation and equipping of the 
nursing school-
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Account: Health Resources and Services Administration account
  Legal Name of Requesting Entity: Wesley College
  Address of Requesting Entity: 120 North State Street, Dover, Delaware 
19901
  Description of Request: $333,000 to Wesley College for renovation and 
equipping of the nursing school. Funding will be used for construction 
of a 22,000 sq ft facility to expand the nursing programs at both 
undergraduate and graduate levels and acquire new technology. Wesley's 
current nursing facilities are undersized, outdated, and in need of 
upgrading. The project will help decrease the negative impact of the 
nursing shortage, improve the ability of nurses to provide quality 
care, and to train, educate and improve productivity of the regional 
healthcare workforce.


  Division I--Transportation, Housing and Urban Development, Related 
                                Agencies

  Name of Project: St. Michael's School and Nursery
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Legal Name of Requesting Entity: St. Michael's School and Nursery
  Address of Requesting Entity: 700 N. Walnut Street, Wilmington, DE 
19801
  Account: Economic Development Initiatives
  Description of Request: $285,000 for rehabilitation of the heat and 
air conditioning systems at St. Michael's School and Nursery. The ten 
large and six small HVAC units in the building were installed in the 
summer of 1987 and had a life expectancy of 12-15 years. Problems with 
the units have interrupted St. Michael's ability to provide safe and 
reliable service to the families it serves. The original building is 41 
years old and has not been refurbished since 1995.
  Name of Project: The Ministry of Caring Inc., Wilmington, DE
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Legal Name of Requesting Entity: Ministry of Caring
  Address of Requesting Entity: 506 N. Church Street, Wilmington, DE 
19801
  Account: Economic Development Initiatives
  Description of Request: $475,000 for Mary Mother of Hope House I, an 
emergency shelter within the Ministry of Caring, which serves the 
housing and supportive services needs of homeless women 18 and over who 
are willing to work on the root causes of their homelessness through 
intensive case management. This project will fund a renovation to make 
it handicap accessible and enhance its safety with a sprinkler and fire 
system. Other features include renovated living spaces on every floor, 
including the lower level, and an additional stairwell to the 
building's rear and a handicap ramp for access from a side entrance.
  Name of Project: Automotive-Based Fuel Cell Hybrid Bus Program, DE
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Legal Name of Requesting Entity: University of Delaware
  Address of Requesting Entity: 107 Hullihen Hall, Newark, DE 19716
  Account: Buses and Bus Facilities
  Description of Request: $475,000 for University of Delaware's 
Automotive-Based Fuel Cell Hybrid Bus project. Fuel-cell technology 
offers the potential to reduce our reliance on foreign oil supplies and 
to decrease the effects of harmful emissions on our environment. This 
project represents an effort to develop, build, and deploy a fuel-cell-
powered hybrid transit vehicle, to be used within the state of 
Delaware. The vehicles developed in this project will be fully tested 
in real-life situations, and the results will be presented to transit 
agencies throughout the U.S. and other interested countries. The 
University of Delaware transit system and the Delaware Transit 
Corporation are fully cooperating on this project and will be important 
partners throughout the course of this work effort. This project was 
authorized by SAFETEA-LU.
  Name of Project: Indian River Inlet Bridge, DE
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Legal Name of Requesting Entity: State of Delaware Department of 
Transportation
  Address of Requesting Entity: 800 Bay Road, PO Box 778, Dover, DE 
19903
  Account: Transportation, Community, and System Preservation
  Project Description: $1,900,000 to design and construct a new bridge 
along SR-1 over the Indian River Inlet. The design and construction 
will be performed utilizing the Design-Build project delivery approach. 
The replacement bridge will alleviate the safety risk caused by the 
present scour condition at the foundations. The new structure will 
completely span the inlet with all foundation members constructed on 
dry land. The proposed alignment will be west of the existing bridge at 
a critical evacuation route in the event of natural disasters. The 
project was authorized by SAFETEA-LU.
  Name of Project: Easter Seals Delaware, New Castle, DE
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Legal Name of Requesting Entity: Easter Seals Delaware
  Address of Requesting Entity: 61 Corporate Circle, New Castle, DE 
19720
  Account: Economic Development Initiatives
  Project Description: $142,500 for Easter Seals Delaware to construct 
a 25,000 square foot addition to its existing facility in New Castle 
County to better serve children and adults with disabilities. The 
addition, which is also being financially supported by foundations, the 
county and local businesses, will accommodate a world-class assistive 
technology center, therapy services for children and adults, day 
services for adults with disabilities and the administrative staff.
  Name of Project: I-95 Toll Facility Rehabilitation and Highway Speed 
E-ZPass Improvements, Newark, DE
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Legal Name of Requesting Entity: State of Delaware Department of 
Transportation
  Address of Requesting Entity: 800 Bay Road, PO Box 778, Dover, DE 
19903
  Account: Interstate Maintenance Discretionary
  Project Description: $2,375,000 to reconfigure the I-95 toll plaza to 
incorporate Highway Speed E-ZPass toll lanes. The current I-95 toll 
facility, which is located near the Delaware-Maryland border, 
experiences extremely

[[Page 5811]]

high levels of traffic congestion at the toll facility in Newark, 
causing long delays, traffic accidents, and increasing air pollution in 
the region. This project is anticipated to reduce traffic congestion, 
improve overall safety, and reduce pollution by adding speed lanes and 
a new access way for the toll takers.
  Name of Project: Chesapeake and Delaware Canal Recreation Trail, DE
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Legal Name of Requesting Entity: U.S. Army Corps of Engineers
  Address of Requesting Entity: 100 Penn Square East, Philadelphia, PA 
19107
  Account: Federal Lands (Public Lands Highways)
  Project Description: $570,000 for transforming over 13 miles of 
existing Army Corps service road on the north-side of the Chesapeake 
and Delaware Canal into a multi-purpose recreation trail with 
associated amenities (trail heads, signage, and self-composting 
restroom facilities, and security). Recreation at the C&D Canal was 
authorized in the Water Resources Development Act of 2007 (Public Law 
No: 110-114).
  Name of Project: State of Delaware Turnpike Improvements Project
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Legal Name of Requesting Entity: State of Delaware Department of 
Transportation
  Address of Requesting Entity: 800 Bay Road, PO Box 778, Dover, DE 
19903
  Account: Interstate Maintenance Discretionary
  Project Description: $2,755,000 to improve the safety and efficiency 
of two major routes along the Northeast Corridor. The project was 
authorized by SAFETEA-LU and received $1,490,000 in the FY08 THUD 
Appropriations bill. It consists of two phases designed to improve the 
movement and safety of interstate, regional and local traffic through 
this heavily traveled intersection. The two phases include: a redesign 
of the I-95/SR-1 interchange and adding a fifth lane to I-95.
  Name of Project: Delaware Children's Museum, DE
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Legal Name of Requesting Entity: Delaware Children's Museum
  Address of Requesting Entity: 100 West Street, Suite 1004 Room 7, 
Wilmington, DE 19801
  Account: Economic Development Initiatives
  Project Description: $190,000 to build Delaware's First Children's 
Museum. Delaware is one of only two states in the country without a 
museum dedicated to children. The Board of the Delaware Children's 
Museum is conducting a capital campaign to raise $16.55 million to 
build Delaware's first children's museum. Funds provided by a federal 
appropriation would be applied to the renovation of an existing 
building and the construction of exhibits at the Christina Riverfront. 
This project would fund construction of a 37,000 square foot museum 
facility that will house eight major science and technology-oriented 
exhibits.
  Name of Project: Delaware Technical and Community College, Dover, DE
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Legal Name of Requesting Entity: Delaware Technical and Community 
College
  Address of Requesting Entity: 100 Campus Drive, PO Box 897, Dover, DE 
19903
  Account: Economic Development Initiatives
  Project Description: $118,750 to expand the Trade & Industry building 
to establish an Energy Management Education Center. The center's 
programs will include: (a) New Associate degrees to educate energy 
managers and ``green power'' technicians; (b) New certifications in 
renewable energy technologies (solar, wind, geothermal, biomass), 
energy management, energy cost analysis and assessment, green building 
construction, hybrid transportation, industrial maintenance, and the 
only hands-on ammonia refrigeration training site east of Kansas and 
north of Georgia; (c) Workshops for technicians, facility managers, 
residential energy users, and specialized industries such as poultry 
and cold storage; (d) Public educational events; and (e) Demonstration 
labs.
  Name of Project: Wilmington Housing Authority, Wilmington, DE
  Requesting Member: Congressman Michael N. Castle
  Bill Number: H.R. 1105
  Legal Name of Requesting Entity: Wilmington Housing Authority
  Address of Requesting Entity: 400 North Walnut Street, Wilmington, DE 
19801
  Account: Economic Development Initiatives
  Project Description: $475,000 for renovations of Crestview 
Apartments. This structure suffered the ravages of a fire in May of 
2006 causing the displacement of residents, many of whom are elderly. 
Wilmington Housing Authority (WHA) is undertaking a major renovation 
project that includes structural repairs, energy efficiency measures, 
and the installation of a sprinkler and fire suppression system so that 
WHA public housing residents can have a higher standard of safe, decent 
housing upon the re-opening of Crestview Apartments. The exterior 
facade of the building was not damaged directly by the fire, however a 
structural assessment of the facade revealed that the concrete and 
steel supporting the structure is very deteriorated.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                         HON. DANA ROHRABACHER

                             of california

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. ROHRABACHER. Madam Speaker, pursuant to the requirements of the 
Republican Conference of the House, I am submitting the following 
information regarding earmarks I requested, which are included in the 
reported version of HR 1105, the Consolidated Appropriations Act for 
Fiscal Year 2009.
  Requesting Member: Congressman Dana Rohrabacher (CA-46)
  Bill Number: HR 1105, the Consolidated Appropriations Act for Fiscal 
Year 2009.
  Name of Project: Heim Bridge Replacement Project
  Account: Federal Highway Administration (FHWA), TCSP--Transportation 
& Community & System Preservation
  Legal Name of Requesting Entity: Alameda Corridor Transportation 
Authority
  Address of Requesting Entity: One Civic Plaza, Suite 350, Carson, CA 
90745
  Description of Request: I received $380,000 for the Alameda Corridor 
Transportation Authority's Alameda Corridor Project. The SR- 47 
Expressway project is a joint partnership between the Alameda Corridor 
Transportation Authority (ACTA) and the California Department of 
Transportation (Caltrans) to replace the State's seismically deficient 
Commodore Heim Bridge over Cerritos Channel and add a four lane 
elevated roadway to by-pass intersections and railroad crossings. The 
project will replace one of the seismically deficient bridges listed on 
the Department of Transportation's list of structurally deficient 
bridges. The 2.2 mile long SR-47 Expressway project will enhance the 
efficient and secure movement of international trade at the nation's 
largest port complex, as well as reduce congestion, improve air quality 
and public safety. The project will provide an alternate route that 
will by-pass three traffic signalized intersections and five at-grade 
rail crossings. The SR-47 Expressway will be an attractive alternative 
to the I-710 and I-110 Freeways and adjoining Terminal Island bridges 
for truck access to local warehouse districts and rail loading 
facilities thus reducing congestion and improving traffic flows on the 
freeways. It is my understanding Caltrans will contribute $332,000,000 
to the project. In addition, preliminary engineering and environmental 
evaluation work at a cost of approximately $13 million has been funded 
by available ACTA revenue bonds and other state sources. I certify that 
neither I nor my spouse has any financial interest in this project.
  Requesting Member: Congressman Dana Rohrabacher (CA-46)
  Bill Number: HR 1105, the Consolidated Appropriations Act for Fiscal 
Year 2009
  Name of Project: Bluff Top Park
  Account: FHWA, Transportation and Community Systems Preservation 
Program
  Legal Name of Requesting Entity: City of Huntington Beach, CA
  Address of Requesting Entity: 2000 Main Street, Huntington Beach, CA 
92648
  Description of Request: I received $95,000 for the city of Huntington 
Beach's Bluff Top Park project. Bluff Top Park bike and pedestrian 
trails, park facilities and access roads are key elements adding to the 
economic viability of the beach as a tourist attraction. If the bluff 
area is left in its present condition, access to and enjoyment of the 
beach in that area will be limited. This limitation places serious 
constraints on the beach facilities as an economic resource to the 
City, region and State. The Bluff Top Park and the adjacent bike trails 
are regional coastal facilities used by over 850,000 visitors per year. 
Approximately 11 million State, National and International visitors 
come to Huntington Beach annually. Tourism is a major industry in 
Orange County and the State of California. The City's coastline is not 
just an extraordinary natural resource; it

[[Page 5812]]

also represents an economic resource for the City, the State, and the 
Nation that cannot be neglected. To date, the City has contributed $4.5 
million for improvements to the area. The City has also received two 
grants totaling $858,000 for the project. Funds will be used for 
technical assistance to provide plans, specifications and estimates for 
the design of the project. I certify that neither I nor my spouse has 
any financial interest in this project.
  Requesting Member: Congressman Dana Rohrabacher (CA-46)
  Bill Number: HR 1105, the Consolidate Appropriations Act for Fiscal 
Year 2009.
  Name of Project: California Coastal Sediment Master Plan
  Account: Corps of Engineers, General Investigations
  Legal Name of Requesting Entity: County of Los Angeles, Beaches & 
Harbor Department
  Address of Requesting Entity: 13837 Fiji Way, Marina del Rey, CA 
90292
  Description of Request: I received $822,000 for the County of Los 
Angeles' California Coastal Sediment Master Plan project. The 
California Coastal Sediment Master Plan (CCSMP) is a collaborative 
effort between the Corps of Engineers and a number of State/local 
agencies to survey the entire California Coastline to develop regional 
approaches to managing resources and strategies to replenish the 
coastline with sediment, including the Los Angeles County coastline. 
Over the years, human development has severally restricted the flow of 
sediment to the coastline (such as through sediment build up behind 
dams or through sediment being trapped underneath rivers/creeks that 
become paved flood control channels). The CCSMP when complete will 
provide critical assistance for properly managing and protecting 
California's coastal resources through strategies that lead to informed 
decisions and planning. The Corps will continue in FY 09 its intensive 
data collection effort through local public scoping meetings, along 
with ongoing development of GIS applications to manage the voluminous 
data and GIS-based sediment models in collaboration with local research 
universities. Some of the final products of this effort will also 
include an internal mapping server (IMS) webpage and development of 
regional sediment management plans. This plan is critical to ensure 
proper management, replenishment, and protection of California's 
coastal sediment resources through informed decisions and planning. 
Since the California Coastline holds important environmental, economic, 
cultural, and recreation benefits for the nation, halting the harmful 
effects of human development (both coastal and inland) is a significant 
national purpose. The primary non-federal sponsor for the study is the 
California Department of Boating and Waterways. This Department has 
provided all of the matching study support in the form of in-kind 
services. Funding for the in-kind work has come from various California 
State resources. I certify that neither I nor my spouse has any 
financial interest in this project.
  Requesting Member: Congressman Dana Rohrabacher (CA-46)
  Bill Number: HR 1105, the Consolidated Appropriations Act for Fiscal 
Year 2009.
  Name of Project: Clean Fuel Bus Purchase
  Account: FTA, Bus and Bus Facilities
  Legal Name of Requesting Entity: Long Beach Transit
  Address of Requesting Entity: 1963 E. Anaheim Street, Long Beach, CA 
90813
  Description of Request: I received $950,000 for Long Beach Transit's 
Clean Fuel Bus Purchase project. The federal government defines a bus' 
useful life as twelve years and requires local transit operators to 
replace buses when they are determined to be at the end of their useful 
life. Long Beach Transit is working to replace their 40-foot diesel 
buses, which are at the end of their useful life as defined by FTA, 
with hybrid gasoline-electric buses. In addition, Long Beach Transit is 
located in the South Coast Air Quality Management District, which, 
unfortunately, ranks last in the state of California for air quality 
standards. This project will improve air quality, in a region that has 
the most need for improvement, by removing diesel buses from the road 
and replacing them with clean fuel buses. It is my understanding that 
funds will go towards the purchasing of new clean busses at a cost of 
$550,000 per bus. Other funds will come from the Transportation 
Development Act, Proposition 1B Bond, and local sales tax revenue to 
fund capital improvement projects. I certify that neither I nor my 
spouse has any financial interest in this project.
  Requesting Member: Congressman Dana Rohrabacher (CA-46)
  Bill Number: HR 1105, the Consolidated Appropriations Act for Fiscal 
Year 2009.
  Name of Project: Orange County District Attorney DNA Expansion 
Project
  Account: Department of Justice, COPS Law Enforcement Technology
  Legal Name of Requesting Entity: Orange County District Attorney
  Address of Requesting Entity: 401 Civic Center Drive West, Santa Ana, 
CA 92701
  Description of Request: I received $500,000 for the Orange County 
District Attorney's DNA expansion project. Currently, throughout the 
country, law enforcement DNA laboratories are backlogged and must focus 
on the most violent of crimes, such as homicides and rapes. Due to 
these backlogs, ``volume crimes'' such as burglaries, auto thefts, auto 
burglaries, robberies, etc. are either ``not processed'' or 
significantly delayed. It is not uncommon for a residential burglary 
case to take a year or more to get DNA results, if the case is 
processed at all. In the meantime, the burglar is out in the community 
committing crime after crime. It is well documented that those who 
commit burglaries, also commit other crimes. These crimes include, but 
are not limited to, rapes, homicides, robberies, gang violence, drug 
possession and sales, carjacking, auto theft, etc. The proposed project 
will enable the OCDA to significantly expand its DNA collection and 
processing efforts. Funds would provide for three DNA mobile collection 
vehicles that would travel to the five branch courts in Orange County 
to collect DNA on site from offenders and volunteers. Funds would also 
provide for related equipment, supplies and DNA processing. By catching 
criminals with the evidence they leave behind in volume crimes, the 
OCDA will be preventing a series of undetected or unsolved crimes in 
our communities. The Orange County District Attorney anticipates 
significant contributions from the county towards the establishment of 
the project, and when fully funded funds will be used for the 
following:
  DNA mobile collection vehicles (3 @ $300,000/each)--$900,000
  DNA equipment, supplies and analysis--$1,000,000
  Includes DNA kits, DNA processing and local data base populating--
$1,900,000
  I certify that neither I nor my spouse has any financial interest in 
this project.
  Requesting Member: Congressman Dana Rohrabacher (CA-46)
  Bill Number: HR 1105, the Consolidated Appropriations Act for Fiscal 
Year 2009.
  Name of Project: Virtual Interactive Training Center
  Account: Department of Justice, OJP Byrne Discretionary Grants-
  Legal Name of Requesting Entity: Golden West College
  Address of Requesting Entity: 15744 Golden West Street, Huntington 
Beach, CA 92672
  Description of Request: I received $500,000 for Golden West College's 
Virtual Interactive Training Center. Funds will be used to purchase a 
virtual training facility for regional law enforcement. In particular, 
the Virtual Interactive Combat Environment provides a system well 
suited to Orange County's needs. This system enables team-based 
tactics, techniques, and procedures training that closely reflect live 
training, but at a much lower cost to departments over time. The 
simulator offers a cost-effective approach by creating an engaging 
virtual training solution. The system immerses the trainee in a 
realistic 3-D environment, with the sense of immersion being enhanced 
both by the high-fidelity situational rendering and by the ease of 
navigating through the environment using simple controls mounted on the 
tether-free simulated weapons. Golden West College will be contributing 
$240,000 toward the project. Fully funded, funds will be used as 
follows:
  For the system hardware, software and simulated weapons--$463,432
  For the trailer classroom--$252,221
  Truck with towing package--$66,623
  Training of instructors on virtual training system--$58,513
  Twelve training databases and scenarios--$109,211
  I certify that neither I nor my spouse has any financial interest in 
this project.
  Requesting Member: Congressman Dana Rohrabacher (CA-46)
  Bill Number: HR 1105, the Consolidated Appropriations Act for Fiscal 
Year 2009.
  Name of Project: Ground Water Replenishment System
  Account: Bureau of Reclamation, Water and Related Resources--Title 
XVI
  Legal Name of Requesting Entity: Orange County Water District
  Address of Requesting Entity: 18700 Ward Street, Fountain Valley, CA 
92708
  Description of Request: I received $558,000 for the Orange County 
Water District's Ground Water Replenishment System. The Groundwater 
Replenishment (GWR) System is a jointly funded project of the Orange 
County Water District (OCWD) and the Orange County Sanitation District. 
This historic joint project is the

[[Page 5813]]

culmination of OCWD's 75 years of experience managing the groundwater 
basin under north and central Orange County that supplies water to 21 
cities and water agencies, and OCSD's longtime mission to protect the 
environment by safely treating the wastewater of over 2.5 million 
residents. The GWR System takes 70 million gallons of treated sewer 
water per day from OCSD, and puts it through an advanced purification 
process at OCWD which is comprised of three major components: (1) 
Micro-filtration; (2) Reverse Osmosis; and (3) ultraviolet light and 
hydrogen peroxide treatment. Once purified to levels which exceed 
drinking water standards, the GWR System water is either pumped through 
a pipeline to percolation ponds, where it naturally filters into the 
aquifer and blends with the groundwater, or is injected into the 
seawater intrusion barrier along the coast. While the groundwater basin 
currently provides approximately 70 percent of all water used within 
north and central Orange County, the GWR System will produce enough new 
water for over half-a-million residents, further lessening Orange 
County's dependence on imported waters from the Delta and the Colorado 
River. The GWR System is an effective response to meeting the federal 
mandate to decrease California's dependency on imported waters from the 
Colorado River, by creating a ``new'' source of water to serve an 
additional 560,000 residents a year in northern and central Orange 
County. The current method of moving water through the Delta to the 
pumps of the California State Water Project and Central Valley Projects 
is in jeopardy due to recent environmental rulings. The GWR System 
diminishes the region's reliance on uncertain imported water supplies. 
In addition to creating a reliable water source, the project creates 
new wastewater treatment capacity, reducing the amount of outfall 
during storms to the Pacific Ocean, preserving the country's vital 
coast, and provides all these benefits with fewer gas emissions than 
when importing water from the California State Water Project. Funds 
will be used for the Ground Water Replenishment Process Control System. 
It is my understanding that the following institutions plan to 
contribute to the project in the given amounts, State of California 
Department of Water Resources and Proposition 13 Grants, 2002 and 2000, 
$67,000,000 was funded. California State Water Resources Control Board, 
2001, $5,000,000 was funded. U.S. Environmental Protection Agency, 
2000, $500,000 was funded. Orange County Water District's contribution 
is $196,750,000 (40.5% of the total project cost) Orange County 
Sanitation District's contribution is $196,750,000 (40.5% of the total 
project cost). I certify that neither I nor my spouse has any financial 
interest in this project.
  Requesting Member: Congressman Dana Rohrabacher (CA-46)
  Bill Number: HR 1105, the Consolidated Appropriations Act for Fiscal 
Year 2009.
  Name of Project: Project EHR in OC
  Account: DHHS, Health Resources and Services Administration (HRSA)
  Legal Name of Requesting Entity: AltaMed Health Services Corporation
  Address of Requesting Entity: 500 Citadel Drive, Suite 490, Los 
Angeles, CA 90040
  Description of Request: I received $95,000 for AltaMed's Electronic 
Health Records project. The project is designed to build the 
infrastructure for two clinic sites in the 46th Congressional District. 
The clinics will enhance quality of care through the installation of 
electronic health records, video conference, and advanced patient 
management systems. These installations will promote patient safety and 
higher quality services from more efficient clinic operations. Project 
HER in OC fulfills the federal mandate on Uniform Health Information 
Technology which requires all healthcare providers receiving federal 
funds to adopt quality measurement tools and uniform information 
technology standards for measuring and reporting treatment outcomes, 
registering patients, reporting lab results, writing prescriptions and 
providing secure electronic communications between patient and doctors. 
Funds will be used to cover the purchase and installation of video 
conferencing, advanced patient management, and electronic health 
records systems at two clinics in the 46th district of California. 
AltaMed has provided a total of $1,033,000 to the project. I certify 
that neither I nor my spouse has any financial interest in this 
project.
  Requesting Member: Congressman Dana Rohrabacher (CA-46)
  Bill Number: HR 1105, the Consolidated Appropriations Act for Fiscal 
Year 2009.
  Name of Project: I-405 Widening Project
  Account: Federal Highway Administration (FHWA), IM--Interstate 
Maintenance Discretionary
  Legal Name of Requesting Entity: Orange County Transportation 
Authority
  Address of Requesting Entity: 550 South Main Street, Orange, CA 92868
  Description of Request: I received $380,000 for Orange County Transit 
Authority's I-405 widening project. OCTA has successfully completed a 
major investment study (MIS) for the Interstate 405 (I-405) Freeway. 
Funding is requested to support capacity improvements in each direction 
of the facility, adding up to two lanes from Euclid Street in Fountain 
Valley to Interstate 605 (I-605) near the Orange County/Los Angeles 
County border. Prior federal funding has fully supported the 
environmental phase of this project, which is currently being initiated 
by OCTA. This request is to secure the necessary funding for the next 
phase, which is the final design of the project. The project is 
considered for other funding sources including State Transportation 
Improvement Program (STIP) and Measure M (local sales tax). I certify 
that neither I nor my spouse has any financial interest in this 
project.
  Requesting Member: Congressman Dana Rohrabacher (CA-46)
  Bill Number: HR 1105, the Consolidated Appropriations Act for Fiscal 
Year 2009.
  Name of Project: Long Beach Desalination Project
  Account: Bureau of Reclamation, Water and Related Resources--Title 
XVI
  Legal Name of Requesting Entity: Long Beach, CA Board of Water 
Commissioners
  Address of Requesting Entity: 1800 E. Wardlow Road, Long Beach, Ca 
90807
  Description of Request: I received $1,057,000 for the Long Beach 
Water Commissioners' Long Beach Desalination Project. Long Beach 
desalination represents the federal government's national interest in 
making desalination of seawater a viable, cost-effective and 
environmentally responsive option for supply reliability along the 
coast of California. Seawater desalination will not be seen by The 
Congress, the California State Legislature, regulatory agencies, 
private sector interests or the public as a viable, cost effective and 
environmentally responsive option for municipal water supply 
reliability in the United States until advances are made and existing 
processes optimized in on-going research and development, funded 
through programs like the Long Beach Desalination Project. The project 
is a constructed, large-scale, fully operational seawater desalination 
research and development facility located in urban/coastal Southern 
California. The research conducted at this facility is the most 
important and advanced, large-scale analysis being conducted anywhere 
in the nation at this time, to include facility design and 
construction, permitting, operations, water quality, distribution 
system integration and alternative intake and outfall systems. If fully 
funded, funds will be used in the following manner:
  $100,000--US Bureau of Reclamation
  $600,000--UV & C12 Research
  $1,000,000--Post Treatment Corrosives Testing
  $1,050,000--Under Ocean Floor Intake Demonstration System 
Construction
  It is my understanding the following amounts will be contributed to 
the total cost of the project.
  State of California, Department of Water Resources, Proposition 50--
$3,000,000; Long Beach Water--$4,000,000
  I certify that neither I nor my spouse has any financial interest in 
this project.
  Requesting Member: Congressman Dana Rohrabacher (CA-46)
  Bill Number: HR 1105, the Consolidated Appropriations Act for Fiscal 
Year 2009.
  Name of Project: Long Beach Water Reuse Project
  Account: Bureau of Reclamation, Water and Related Resources--Title 
XVI
  Legal Name of Requesting Entity: Long Beach, CA Board of Water 
Commissioners
  Address of Requesting Entity: 1800 E. Wardlow Road, Long Beach, Ca 
90807
  Description of Request: I received $634,000 for the Long Beach Board 
of Water Commissioners' Long Beach Water Reuse Project. Funds would go 
to construction of Phase 2 of a 4 phased reclaimed water expansion 
project moving use of reclaimed water from 4,585a/f to 16,677 a/f per 
year; extending reclaimed water service to the Alamitos Seawater 
Barrier and to two of the largest power generation plants in Southern 
California. Dependable water supplies for Southern California are 
becoming more difficult to develop and maintain. Continued reliability 
of traditional imported water sources such as the Colorado River and 
northern California is unclear. These sources cannot provide urban 
water supply agencies the certainty they must have in order to maintain 
a clean, reliable and affordable supply of water for its customers. 
Continued population growth within the Colorado River Basin is reducing 
the amount of water that has historically been available to populated 
areas like

[[Page 5814]]

southern California. The necessity for southwestern regions in the 
United States to develop new sources and to fully utilize existing 
sources, and conservation, is very evident. This includes fully 
developing and expanding use of reclaimed water supply systems. Under a 
funding agreement signed in 2000, the Bureau of Reclamation will fund 
up to 25 percent (with a cap of $20,000,000) of the Long Beach Water 
Reuse Expansion Project's total cost of $35,200,000. To date, not 
including this request, the Long Beach Water Department has received a 
total of $4,000,000 under this funding agreement, for its reclaimed 
water system expansion. I certify that neither I nor my spouse has any 
financial interest in this project.
  Requesting Member: Congressman Dana Rohrabacher (CA-46)
  Bill Number: HR 1105, the Consolidated Appropriations Act for Fiscal 
Year 2009.
  Name of Project: Santa Ana River Mainstem Project
  Account: Corps of Engineers, Construction
  Legal Name of Requesting Entity: County of Orange, CA
  Address of Requesting Entity: 300 N. Flower St., Santa Ana, CA 92703
  Description of Request: I received $14,000,000 for the Orange County 
Santa Ana River Mainstem Project. The Santa Ana River Mainstem Project 
including Prado Dam (Project) was authorized under the Water Resources 
Development Act (WRDA) of 1986, and Section 309 of WRDA, 1996. The 
Project involves construction, acquisition of property rights, 
relocations, environmental mitigation and enhancement in Orange, 
Riverside, and San Bernardino counties. The flood control districts of 
these counties are the Local Sponsors who are responsible, with the 
Department of the Army, for implementing the Project. The Corps 
considered the Santa Ana River as the worst flood threat west of the 
Mississippi River. In 1980's, the Corps estimated that 3 million people 
and 110,000 acres would be impacted, with potential loss of 3,000 lives 
and $15 billion in economic losses (1987-8 price level.) Estimated 
impacts and loss (without the Project being constructed) would be much 
greater with current population growth and value of land and 
structures. In addition to protecting a large, highly populated and 
rapidly growing area of Southern California, the Project has and will 
improve protection of major transportation corridors. The Local 
Sponsors and State of California Flood Subvention Fund will provide 
other matching funds as follows. Non-Federal Total Contribution: Per 
Corps 2/2007 Report: Local Sponsor Share $599,000,000 (33.9%). If State 
reimburses 70% of Local Sponsor cost, then State contribution would be 
$419,300,000 (23.8%) and Local Sponsors net contribution would be 
$179,700,000 (10.1%) of Total Project Cost. Non-Federal Contribution in 
2009:OCFCD Est. Contribution=$75,000,000 (4.2%). I certify that neither 
I nor my spouse has any financial interest in this project.
  Requesting Member: Congressman Dana Rohrabacher (CA-46)
  Bill Number: HR 1105, the Consolidated Appropriations Act for Fiscal 
Year 2009.
  Name of Project: Huntington Beach Senior Center
  Account: Housing and Urban Development (HUD), Economic Development 
Initiatives (EDI)
  Legal Name of Requesting Entity: City of Huntington Beach, CA
  Address of Requesting Entity: 2000 Main Street, Huntington Beach, CA 
92648
  Description of Request: I received $142,500 for the city of 
Huntington Beach's Senior Center project. The City of Huntington 
Beach's existing senior center is located at 17th Street and Palm 
Avenue. Due to the City's expanding senior population, the current 
facility is overcrowded and too small to meet the needs of the growing 
population. To this end, a larger facility is needed to address the 
future growth of the senior population in Huntington Beach. The City 
plans to build the facility to meet Leadership in Energy Efficiency 
Design (LEED) with environmentally ``Green'' building material, 
furnishings and equipment. Funds will be used for the preparation of 
plans and specifications needed to create environmentally ``Green'' or 
LEED certified elements to the senior center. $80,000 has been received 
from a private donation which will be used for the construction phase 
of the project or to help furnish the completed building. I certify 
that neither I nor my spouse has any financial interest in this 
project.
  Requesting Member: Congressman Dana Rohrabacher (CA-46)
  Bill Number: HR 1105, the Consolidated Appropriations Act for Fiscal 
Year 2009.
  Name of Project: Smart Timer Irrigation Controllers
  Account: Natural Resources Conservation Services, Conservation 
Operations
  Legal Name of Requesting Entity: Municipal Water District of Orange 
County
  Address of Requesting Entity: 18700 Ward Street, PO Box 20895, 
Fountain Valley, CA. 92728
  Description of Request: I received $134,000 for the Municipal Water 
District of Orange County's Smart Timer Irrigation Controllers system. 
``Smart'' Irrigation Controller Technology assists customers in 
delivering the appropriate amount of water to landscapes based on soil, 
slope, type of landscape and changing weather conditions. Funding will 
be used to expand an existing $2.2 million program launched in 2004 
(FY05) to distribute an additional 5,500 Smart Irrigation Controllers 
by the end of 2011 to the highest water using residential and 
commercial properties in the County. Overall program funding goes 
towards providing a rebate administrator to market the program in 
conjunction with MWDOC staff time and for hire of the Mission Resource 
Conservation District to assist with the program implementation and 
installation verification. Some of the funding may go towards 
purchasing the irrigation timers to allow acceleration of the 
installation program. The expected costs for expanding the program by 
about 1800 controllers over the next year would cost:
  Rebate Administrator costs: $1,350,000
  Resource Conservation Districts $240,000
  Printing mailing: $50,000
  Total: $1,640,000
  The Municipal Water District of Orange County will contribute 
$900,000 to the project. Other local agencies will contribute $180,000, 
and site owners and participants $60,000. I certify that neither I nor 
my spouse has any financial interest in this project.
  Requesting Member: Congressman Dana Rohrabacher (CA-46)
  Bill Number: HR 1105, the Consolidated Appropriations Act for Fiscal 
Year 2009.
  Name of Project: Surfside, Sunset, Newport Beaches
  Account: Corps of Engineers, Operations & Maintenance (O&M)
  Legal Name of Requesting Entity: County of Orange, CA
  Address of Requesting Entity: 300 N. Flower St., Santa Ana, CA 92703
  Description of Request: I received $546,000 for Orange County's 
Surfside, Sunset, and Newport Beach program. The project extends along 
the Orange County coast 17 miles from San Gabriel River mouth down 
coast to Newport Bay Harbor entrance. Eleven stages of construction 
have been completed including groins and beach fill. Periodic beach 
nourishment with no time limit on Federal aid was authorized by Public 
Law 87-874, as recommended by House document 602. The feeder beach at 
Surfside-Sunset receives approximately 1.8 million cubic yards of sand 
every 5 years. This is an on-going project by the U.S. Army Corps of 
Engineers to mitigate damage to Orange County coastline caused by 
construction of Federal navigation and flood control works in Long 
Beach and Anaheim Bay. Severe shoreline erosion resulted from storms in 
1980, 1981, 1982, 1995 and 1998. Other funding sources towards the 
total cost of the project are anticipated as follows:
  State of California Department of Boating and Waterways 24.5%
  City of Newport Beach 2%
  City of Huntington Beach 1%
  Surfside Colony 0.5%
  County of Orange 5%
  I certify that neither I nor my spouse has any financial interest in 
this project.
  Requesting Member: Congressman Dana Rohrabacher (CA-46)
  Bill Number: HR 1105, the Consolidated Appropriations Act for Fiscal 
Year 2009.
  Name of Project: Vanguard University Academic Center for Science, 
Nursing, and Technology.
  Account: Department of Education, Higher Education (FIPSE)
  Legal Name of Requesting Entity: Vanguard University
  Address of Requesting Entity: 55 Fair Drive, Costa Mesa, CA 92626-
  Description of Request: I received $238,000 for Vanguard University's 
Academic Center for Science, Nursing, and Technology. Vanguard 
University is developing an Academic Center for Science, Nursing, and 
technology which will help address the significant problems facing 
California by training teachers in science and math, and by developing 
a Nursing School with an accelerated RN to Bachelor of Science in 
Nursing Degree Program to help address the nursing crisis. The center 
will include the development of smart classrooms, the nursing school, 
and research laboratories to train existing teachers and nurses, and 
will deliver the study of science, math, and technology that will 
prepare students for teaching careers in science and math. It is my 
understanding the University will provide the balance of funding 
through endowments and

[[Page 5815]]

other major gifts. It is also my understanding funds will be used 
consistent with the following.
  Site work: $407,500
  Shell & Minimal Core $4,087,000
  Core & Systems $1,911,000
  Basement Premium $232,500
  500 SF total @132.66/SF
  Total $6,638,000
  I certify that neither I nor my spouse has any financial interest in 
this project.
  Requesting Member: Congressman Dana Rohrabacher (CA-46)
  Bill Number: HR 1105, the Consolidated Appropriations Act for Fiscal 
Year 2009.
  Name of Project: Vanguard University Academic Center for Science, 
Nursing, and Technology.
  Account: DHHS, Health Resources and Services Administration (HRSA)
  Legal Name of Requesting Entity: Vanguard University
  Address of Requesting Entity: 55 Fair Drive, Costa Mesa, CA 92626
  Description of Request: I received $95,000 for Vanguard University's 
Academic Center for Science, Nursing, and Technology. Vanguard 
University is developing an Academic Center for Science, Nursing, and 
technology which will help address the significant problems facing 
California by training teachers in science and math, and by developing 
a Nursing School with an accelerated RN to Bachelor of Science in 
Nursing Degree Program to help address the nursing crisis. The center 
will include the development of smart classrooms, the nursing school, 
and research laboratories to train existing teachers and nurses, and 
will deliver the study of science, math, and technology that will 
prepare students for teaching careers in science and math. It is my 
understanding the University will provide the balance of funding 
through endowments and other major gifts. It is also my understanding 
funds will be used consistent with the following.
  Site work: $407,500
  Shell & Minimal Core $4,087,000
  Core & Systems $1,911,000
  Basement Premium $232,500
  500 SF total @132.66/SF
  Total $6,638,000
  I certify that neither I nor my spouse has any financial interest in 
this project.
  Requesting Member: Congressman Dana Rohrabacher (CA-46)
  Bill Number: HR 1105, the Consolidated Appropriations Act for Fiscal 
Year 2009.
  Name of Project: Westminster (East Garden Grove) Watershed, CA
  Account: Corps of Engineers, General Investigations
  Legal Name of Requesting Entity: County of Orange, CA
  Address of Requesting Entity: 300 N. Flower St., Santa Ana, CA 92703
  Description of Request: I received $860,000 for Orange County's 
Westminster (East Garden Grove) Watershed project. Flood damages along 
the East Garden Grove-Wintersburg Channel affect residential, 
commercial, and industrial development located in an 81 square mile 
watershed, impacting eleven cities in Orange County. Over 20,000 
property owners are currently required to participate in the National 
Flood Insurance Program, while aging levees jeopardize thousands of 
additional property owners. The study will investigate innovative 
methods to provide flood protection in combination with improved 
ecosystem functioning and water quality. Over 20,000 property owners 
are currently mandated by the Federal government to pay flood insurance 
because of inadequate flood protection in this watershed. Taxpayer 
funds are used to rebuild private property and public infrastructure 
every year that flood damages occur. This comprehensive study is 
developing innovative, sustainable solutions to flooding, water 
quality, and environmental problems in this watershed. Those solutions 
will provide more cost-effective approaches than currently exist, and 
contribute to the National Economic Development as well as National 
Ecosystem Restoration Plan. It is the mission of the Army Corps of 
Engineers (Corps) to provide flood protection, navigation, and 
ecosystem restoration in meeting these criteria. It is my understanding 
the County of Orange, CA will contribute $1,740,000 to the project. I 
certify that neither I nor my spouse has any financial interest in this 
project.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                            HON. MIKE ROGERS

                              of michigan

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. ROGERS of Michigan. 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 FY 2009 Omnibus 
Appropriations Act.


       Division A: Agriculture, Rural Development, Food and Drug 
                  Administration and Related Agencies

  Requesting Member: Mike Rogers (MI)
  Bill: H.R. 1105
  Michigan State University, Fire Blight Research
  Account: United States Department of Agriculture/Cooperative State 
Research, Education, and Extension Services (USDA/CSREES) Special 
Grants Account
  Legal Name of Requesting Entity: Michigan State University
  Address of Requesting Entity: 484 Administration Building, East 
Lansing, MI, 48824
  Description of Request: Provide funding of $500,000 for fire blight 
research at Michigan State University. Approximately, $148,000 is for 
the salaries of laboratory and field research personnel; and $36,000 is 
for materials and supplies. Michigan State University 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.
  Requesting Member: Mike Rogers (MI)
  Bill: H.R. 1105
   Michigan State University, Armillaria Root Rot Research
  Account: United States Department of Agriculture/Cooperative State 
Research, Education, and Extension Services (USDA/CSREES) Special 
Grants Account
  Legal Name of Requesting Entity: Michigan State University
  Address of Requesting Entity: 484 Administration Building, East 
Lansing, MI, 48824
  Description of Request: Provide funding of $150,000 for research of 
Armillaria Root Rot. Approximately, $110,000 is for the salaries of 
laboratory researchers; $19,000 is for operating costs; $1000 is for 
travel to field sites; and $20,000 is for equipment necessary.
  Requesting Member: Mike Rogers (MI)
  Bill: H.R. 1105
   Michigan State University, Bovine Tuberculosis Research
  Account: United States Department of Agriculture/Cooperative State 
Research, Education, and Extension Services (USDA/CSREES) Special 
Grants Account
  Legal Name of Requesting Entity: Michigan State University
  Address of Requesting Entity: 484 Administration Building, East 
Lansing, MI, 48824
  Description of Request: Provide funding of $356,000 for research of 
Bovine Tuberculosis. Approximately, $274,252 is for Salaries and 
support for 3 graduate students; $72,978 is for Laboratory supplies; 
and $8,770 for research related travel. Michigan State University will 
provide $127,500 in-kind funding.
  Requesting Member: Mike Rogers (MI)
  Bill: H.R. 1105
   Michigan State University, Improved Fruit Practices
  Account: United States Department of Agriculture/Cooperative State 
Research, Education, and Extension Services (USDA/CSREES) Special 
Grants Account
  Legal Name of Requesting Entity: Michigan State University
  Address of Requesting Entity: 484 Administration Building, East 
Lansing, MI, 48824
  Description of Request: Provide funding of $212,000 to improve fruit 
practices for sugar beets and dry beans. Approximately, $131,440 is for 
salaries and expenses and $80,560 is for lab maintenance and equipment. 
In addition to the federal funds provided by this grant, this research 
is supported by personnel, equipment, and facilities funded by the 
Michigan Agricultural Experiment Station and Michigan State University 
Extension.
  Requesting Member: Mike Rogers (MI)
  Bill: H.R. 1105
   Michigan State University, Sustainable Agriculture
  Account: United States Department of Agriculture/Cooperative State 
Research, Education, and Extension Services (USDA/CSREES) Special 
Grants Account
  Legal Name of Requesting Entity: Michigan State University
  Address of Requesting Entity: 484 Administration Building, East 
Lansing, MI, 48824
  Description of Request: Provide funding of $387,000 to enhance the 
environmental sustainability of food and agricultural systems under 
research at Michigan State University. 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 to expand 
the impacts of the special grant.

[[Page 5816]]

  Requesting Member: Mike Rogers (MI)
  Bill: H.R. 1105
   Michigan State University, Wood Utilization
  Account: United States Department of Agriculture/Cooperative State 
Research, Education, and Extension Services (USDA/CSREES) Special 
Grants Account
  Legal Name of Requesting Entity: Michigan State University
  Address of Requesting Entity: 484 Administration Building, East 
Lansing, MI, 48824
  Description of Request: Provide funding of $6,850,000 for wood 
utilization with Michigan's share being--$728,545. The requested funds 
will be used for salaries of key personnel and graduate students. Grant 
funds will also be used to purchase equipment, materials and supplies 
needed. Michigan State University provides in excess of $500,000 in 
support of this project annually through use of lab space, equipment, 
and personnel assigned to the project.
  Requesting Member: Mike Rogers (MI)
  Bill: H.R. 1105
   Michigan State University, Cellulose Conversion Research
  Account: United States Department of Agriculture/Cooperative State 
Research, Education, and Extension Services (USDA/CSREES) Special 
Grants Account
  Legal Name of Requesting Entity: Michigan State University
  Address of Requesting Entity: 302 Administration Building, East 
Lansing, MI, 48824
  Description of Request: Provide funding of $625,000 for detailed 
investigation of the most promising technologies to determine the value 
proposition that is needed to interest commercial partners in the 
further development of bio based production of fuels, chemicals, and 
materials. Grant funds will be used for salaries, materials and 
supplies and for equipment purchases and travel costs.
  Requesting Member: Mike Rogers (MI)
  Bill: H.R. 1105
   Michigan State University, Soil Erosion Research
  Account: United States Department of Agriculture/Cooperative State 
Research, Education, and Extension Services (USDA/CSREES) Special 
Grants Account
  Legal Name of Requesting Entity: Natural Resources Conservation
  Address of Requesting Entity: 2805 S. Industrial Hwy, Suite 100, Ann 
Arbor, MI 48104
  Description of Request: Provide funding of $404,000 for reducing soil 
erosion and controlling sediment. Grant funds will be used for 
salaries, materials and supplies and for equipment purchases and travel 
costs.
  Requesting Member: Mike Rogers (MI)
  Bill: H.R. 1105
   Michigan State University, Phytophthora Research
  Account: United States Department of Agriculture/Cooperative State 
Research, Education, and Extension Services (USDA/CSREES) Special 
Grants Account
  Legal Name of Requesting Entity: Michigan State University
  Address of Requesting Entity: 109 Agriculture Hall, East Lansing, 
Michigan 48824
  Description of Request: Provide $346,000 in funding for Phytophthora 
research at Michigan State University. Approximately 85 percent of the 
funding will go to researchers, technicians and students. Approximately 
15 percent will be used for materials, supplies and administration. 
Michigan State University has received outside sources of funding for 
Phytophthora research as well. This funding is consistent with the 
authorized purpose of the Cooperative State Research, Education and 
Extension.


      Division B--Commerce, Justice, Science and Related Agencies

  City of Lansing--Law Enforcement Technology
  Requesting Member: Congressman Mike Rogers (MI)
  Bill Number: H.R. 1105
  Account: COPS Law Enforcement Technology
  Legal Name of Requesting Entity: City of Lansing
  Address of Requesting Entity: 124 W. Michigan Avenue, 9th Floor, 
Lansing, MI 48933
  Description of Request: To provide $3,125,000 to enable the 
procurement of crime-fighting technology critical to the safety of the 
community. Approximately 35% for a Fiber Optic Communications Network; 
25% for an In-Car Video Camera System; 20% for a Public Video 
Surveillance System; 10% for a Patrol Vehicle Laptop Workstation 
Replacement; and 10% for a Detention Camera Replacement. This request 
is consistent with the intended and authorized purpose of the COPS Law 
Enforcement Technology account. At least $500,000 in local City of 
Lansing funds will be provided as matching funds. Lansing public safety 
capabilities lag current standards in law enforcement, and require 
upgrading in order to best secure the jurisdiction. Through support 
requested of the federal government, the City of Lansing would be able 
to realize significant integrated upgrades.


                Division C--Energy and Water Development

  Requesting Member: Congressman Mike Rogers
  Bill Number: H.R. 1105
  Account: Environmental Protection Agency
  Legal Name of Requesting Entity: The City of Mason
  Address of Requesting Entity: 201 West Ash Street, Mason, Michigan, 
48854
  Description of Request: Provide $500,000 to construct a water 
treatment plant for the City of Mason to enable them to reach the 
federal water compliance requirements. Total estimated cost of the 
project $8,900,000. The amount requested was $2,000,000 This project 
has never previously received federal funds. The City of Mason will 
provide a minimum of a 50/50 cost share and this funding will come 
directly from the City.
  Requesting Member: Congressman Mike Rogers
  Bill Number: H.R. 1105
  Account: United States Environmental Protection Agency's Science and 
Technology Account
  Legal Name of Requesting Entity: The Consortium for Plant 
Biotechnology Research
  Address of Requesting Entity: P.O. Box 20634, St. Simons Island, GA 
31522
  Description of Request: Provide $750,000 for research and 
commercialization for clean energy, national energy security, and a 
cleaner environment. Approximately, 7.4% for peer reviewed competitions 
and 92.6% is for research projects. The Consortium for Plant 
Biotechnology Research has stated that they are able to match Federal 
funds, on average, 130% with non-federal funds. Industry also provides 
at least 50% cash matching, additional in-kind matching, and 
substantial investments in technology development.
  Requesting Member: Congressman Mike Rogers
  Bill Number: H.R. 1105
  Account: United States Department of Energy's Solar and Renewable 
Energy Account
  Legal Name of Requesting Entity: The Consortium for Plant 
Biotechnology Research
  Address of Requesting Entity: P.O. Box 20634, St. Simons Island, GA 
31522
  Description of Request: Provide $3,806,000 for research and 
commercialization for clean energy, national energy security, and a 
cleaner environment. Approximately, 7.4% for peer reviewed competitions 
and 92.6% is for research projects. The Consortium for Plant 
Biotechnology Research has stated that they are able to match Federal 
funds, on average, 130% with non-federal funds. Industry also provides 
at least 50% cash matching, additional in-kind matching, and 
substantial investments in technology development.
  Requesting Member: Congressman Mike Rogers
  Bill Number: H.R. 1105
  Account: United States Department of Energy
  Legal Name of Requesting Entity: Michigan State University
  Address of Requesting Entity: 302 Administration Building, East 
Lansing, MI, 48824-9190
  Description of Request: Provide $475,750 for detailed investigation 
of the most promising technologies to determine the value proposition 
that is needed to interest commercial partners in the further 
development of bio based production of fuels, chemicals, and materials. 
Funds will cover salaries; materials and supplies; and equipment 
purchases and travel costs.
  Requesting Member: Congressman Mike Rogers
  Bill Number: H.R. 1105
  Account: United States Army Corps of Engineers
  Legal Name of Requesting Entity: The City of Lansing
  Address of Requesting Entity: 124 W. Michigan Ave, Lansing, MI 48933
  Description of Request: Provide $500,000 for Grand River Waterfront 
Restoration--next phase planning activities based on 2004 Corps Pre-
Planning Reconnaissance Study for Grand River shoreline and habitat 
restoration, including potential modifications to Moores and North 
Lansing Dams.


         Division D: Financial Services and General Government

  Requesting Member: Congressman Mike Rogers (MI)
  Bill Number: H.R. 1105
  Account:
  Legal Name of Requesting Entity: Cleary University
  Address of Requesting Entity: 3750 Cleary Drive, Howell, Michigan 
48843
  Description of Request: To provide $100,000 for the development of a 
Micro Business Incubator at Cleary University in Howell,

[[Page 5817]]

Michigan. Approximately $80,000 of the funding will go toward the 
acquisition of a suitable adjacent building, $11,000 of the funding 
will go toward renovations and $9,000 will go toward office equipment.


        Division E--Interior, Environment and Related Agencies:

  City of Mason Water Treatment Plant
  Requesting Member: Congressman Mike Rogers (MI)
  Bill Number H.R. 1105
  Account: STAG Water and Wastewater Infrastructure
  Legal Name of Requesting Entity: City of Mason, Michigan
  Street Address of Requesting Entity: 201 West Ash St. Mason, MI 48854
  Description of Request: City of Mason Water Treatment Plant 
$500,000.00 The purpose of this project is to construct a water 
treatment plant for use by the City of Mason. The Water Treatment 
facility is necessary to comply with federal water safety regulations.
  The Consortium for Plant Biotechnology Research
  Requesting Member: Mike Rogers (MI)
  Bill Number H.R. 1105
  Account: Science and Technology
  Legal Name of Requesting Entity: The Consortium for Plant 
Biotechnology
  Mailing Address: PO Box 20634 St. Simons Island, GA 31522
  Description of Request: $750,000 for research and commercialization 
of clean energy technologies. Approximately, 7.4% for peer reviewed 
competitions and 92.6% is for research projects. The Consortium for 
Plant Biotechnology Research has stated that they are able to match 
Federal funds, on average, 130% with non-federal funds. Industry also 
provides at least 50% cash matching, additional in-kind matching, and 
substantial investments in technology development.


 Subtitle F: Labor, Health and Human Services, Education, and Related 
                                Agencies

  Lansing Community College--Military Medic Transition Program
  Requesting Member: Congressman Mike Rogers
  Bill Number: H.R. 1105
  Account: Fund to Improve Post-Secondary Education
  Legal Name of Requesting Entity: Lansing Community College
  Address of Requesting Entity: 210 W Shiawassee St, Lansing, MI 48933
  Description of Request: To provide $450,000 to create a Military 
Medic Transition Program to allow military medics to transition first 
to civilian paramedic certification and then through a fast-track 
nursing program. Approximately $200,000 for curriculum development; 
$200,000 for personnel; and $50,000 for recruiting and marketing. This 
request is consistent with the intended and authorized purpose of the 
Fund to Improve Post-Secondary Education account. In a short period of 
time, this innovative program has the ability to provide fast-track 
training to job seekers and assistance to hospitals and first 
responders in filling their vacancies. The potential impact of this 
program has been recognized by the State of Michigan Department of 
Labor and Economic Growth, Primia Civitas Foundation, Sparrow Health 
Care Systems, Capitol Health Care Employment Council, and Delhi 
Township Fire Department; all whom have indicated their support for 
this initiative.
  Oakland Community College--Emerging Sectors Consortium
  Requesting Member: Congressman Mike Rogers (MI-08)
  Bill Number: H.R. 1105
  Account: Employment and Training Administration
  Legal Name of Requesting Entity: Oakland Community College
  Address of Requesting Entity: 2480 Opdyke Road, Bloomfield Hills, MI 
48304-2266
  Description of Request: To provide $425,000 for an educational 
consortium to support the economic transformation in Michigan from 
manufacturing to knowledge-based. Approximately $200,000 is for 
Salaries, Wages and Benefits; $50,000 for consulting services; $100,000 
for Consortium Subcontracts; $35,000 for supplies and materials; 
$30,000 for technology and equipment; and $10,000 for communication and 
printing. The focus of the project in 2009 will be expanding the 
consortium from supporting Oakland County's ``Emerging Sectors'' 
initiative to supporting workforce and economic development initiatives 
throughout southeast Michigan. This request is consistent with the 
intended and authorized purpose of the Employment and Training 
Administration account. The project is a continuation and expansion of 
an FY2008 appropriation. The project is supported by the Education and 
Workforce Committee of the Oakland County Business Roundtable, Oakland 
County government, local and state economic development entities and 
the Workforce Development system. The Oakland County Michigan Works! 
Agency is underwriting the cost of a skills assessment inventory--a 
critical foundational piece for the Educational Consortium--at cost of 
$280,000.
  Cleary University--Distance Learning Technology
  Requesting Member: Congressman Mike Rogers (MI-08)
  Bill Number: H.R. 1105
  Account: Fund for the Improvement of Postsecondary Education
  Legal Name of Requesting Entity: Cleary University
  Address of Requesting Entity: 3750 Cleary Drive, Howell, Michigan 
48843
  Description of Request: To provide $600,000 for technological 
infrastructure improvements for its Distance Learning Model. 
Approximately $150,000 for a virtual classroom; $135,000 for mobile 
computer labs and equipment; $120,000 for a multimedia production 
studio; $85,000 for faculty training; $80,000 for computer servers; and 
$30,000 for software licenses. This request is consistent with the 
intended and authorized purpose of the Fund for the Improvement of 
Postsecondary Education account. By expanding and extending Cleary's 
services and programs throughout the region, the University can 
continue to educate area adults seeking a fresh start in a different 
industry or profession. The enhancement and extension of Cleary's 
distance delivery model has tremendous support from current as well as 
prospective students.


 Subtitle I: Transportation, Housing and Urban Development and Related 
                                Agencies

  Widening of Baldwin Road, Orion Township Michigan
  Requesting Member: Congressman Mike Rogers
  Bill Number: H.R. 1105
  Account: IM
  Legal Name of Requesting Entity: The Road Commission of Oakland 
County
  Address of Requesting Entity: 31001 Lahser Road, Beverly Hills, 
Michigan 48025
  Description of Request: Provide funding of $237,000 for the purchase 
of right of ways necessary to complete the widening of Baldwin Road 
from two lanes to a four lane boulevard between Brown Road and Waldon 
Road, a distance of 2.0 miles as access to the I-75 interchange. This 
project P.E. is funded with previous congressional budget 
appropriations and High Priority Program funds from SAFETEA-LU.
  Latson Road Interchange, City of Howell Michigan
  Requesting Member: Congressman Mike Rogers
  Bill Number: H.R. 1105
  Account: IM
  Legal Name of Requesting Entity: The Michigan Department of 
Transportation
  Address of Requesting Entity: Michigan Department of Transportation, 
425 W. Ottawa St. Lansing, MI 48909
  Description of Request: Provide funding of $570,000 for the purchase 
of right of ways necessary to complete the construction of an 
interchange and overpass at the interchange of Interstate 96 and Latson 
Road.
  Commuter Bus Purchase, Capital Area Transportation Authority, 
Lansing, Michigan
  Requesting Member: Congressman Mike Rogers
  Bill Number: H.R. 1105
  Account: 5309
  Legal Name of Requesting Entity: The Capital Area Transportation 
Authority
  Address of Requesting Entity: 4615 Tranter Street, Lansing, MI 48910
  Description of Request: Provide funding of $1,900,000 for the 
purchase of approximately 3 40 foot hybrid buses, 2 60 foot hybrid 
buses, 2 small buses, 2 rural service buses and 7 Mini-Hybrid fan 
systems.
  Bus Storage Facility Construction Purchase, Capital Area 
Transportation Authority, Lansing, Michigan
  Requesting Member: Congressman Mike Rogers
  Bill Number: H.R. 1105
  Account: 5309
  Legal Name of Requesting Entity: The Capital Area Transportation 
Authority
  Address of Requesting Entity: 4615 Tranter Street, Lansing, MI 48910
  Description of Request: Provide funding of $712,000 for the 
renovation and expansion of the existing bus storage facility. The 
funding will be distributed such that 50% will pay for renovations and 
50% for expansion construction that will extend the useful life of the 
facility.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                           HON. ED WHITFIELD

                              of kentucky

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. WHITFIELD. Madam Speaker, pursuant to the Republican Leadership 
standards on

[[Page 5818]]

earmarks, I am submitting the following information regarding earmarks 
I received as part of the FY 2009 Omnibus.
  Requesting Member: Congressman Ed Whitfield
  Bill Number: FY 2009 Omnibus
  Account: National Forest Service
  Legal Name of Requesting Entity: Land Between the Lake National 
Recreation Area
  Address of Requesting Entity: 100 Van Morgan Drive Golden Pond, KY 
42211
  Description of Request: The Land Between the Lake National Recreation 
Area is a premier tourist attraction in Kentucky which continues to 
thrive under Forest Service management. It has been managed in concert 
with the provisions of the original LBL Protection Act. This money 
($8,200,000) will be used for much needed maintenance at the facility, 
especially debris cleanup after the recent ice storm through the 
Commonwealth. The Forest Service will be receiving this money to be 
used at the Land Between the Lakes National Recreation Area. The total 
amount will be used for scheduled maintenance at the recreation area. I 
certify that neither I nor my spouse has any financial interest in this 
project.
  Requesting Member: Congressman Ed Whitfield
  Bill Number: FY 2009 Omnibus
  Account: OJP-Byrne Discretionary Grants
  Legal Name of Requesting Entity: Pennyrile Narcotic Task Force
  Address of Requesting Entity: 511 South Main Street, Hopkinsville, KY 
42240
  Description of Request: The Pennyrile Narcotics Task Force (PNTF) 
covers a 20 county area. Based in Hopkinsville, Kentucky, it is a law 
enforcement organization dedicated to fighting the spread of drugs and, 
in particular, methamphetamine production, trafficking, and abuse. 
According to the El Paso Intelligence Center (EPIC), Kentucky currently 
ranks sixth nationally in the number of law enforcement responses to 
meth-related incidents. These funds ($500,000) will allow the task 
force to purchase materials and pay for manpower to educate people in 
the school systems, health departments, law enforcement agencies, and 
civic organizations on the dangers of methamphetamine. These funds are 
vital to eliminating the threat of illegal drugs in Kentucky's First 
Congressional District. I certify that neither I nor my spouse has any 
financial interest in this project.
  Requesting Member: Congressman Ed Whitfield
  Bill Number: FY 2009 Omnibus
  Account: Investigations
  Legal Name of Requesting Entity: City of Paducah
  Address of Requesting Entity: 300 South 5th Street, Paducah, KY
  Description of Request: This money ($143,000) will be used for 
rehabilitation of the current flood control system involving repair and 
replacement of pumping station equipment, corrugated pipes, concrete, 
and other appurtenant features. This is considered a levee safety issue 
in this City and is in dire need of repair. The entity receiving the 
money is the City of Paducah in Kentucky. The total amount will be used 
in FY 2009. The City has already committed $2 million to the project. I 
certify that neither I nor my spouse has any financial interest in this 
project.
  Requesting Member: Congressman Ed Whitfield
  Bill Number: FY 2009 Omnibus
  Account: Construction
  Legal Name of Requesting Entity: Nashville Army Corps of Engineers
  Address of Requesting Entity: P.O. Box 1070 Nashville, TN 37202-1070
  Description of Request: The Kentucky Lock and Dam Addition project 
consists of constructing a completely new lock and dam structure and 
was authorized in the 1996 Water Resources Development Act. The amount 
appropriated ($22,300,000) will be specifically spent on the 
superstructure to facilitate traffic over the Tennessee River. I 
certify that neither I nor my spouse has any financial interest in this 
project.
  Requesting Member: Congressman Ed Whitfield
  Bill Number: FY 2009 Omnibus
  Account: Construction
  Legal Name of Requesting Entity: Nashville Army Corps of Engineers
  Address of Requesting Entity: P.O. Box 1070 Nashville, TN 37202-1070
  Description of Request: The Wolf Creek Dam Rehabilitation project is 
to rehabilitate the Dam that is failing on the Cumberland River. This 
project was one of six dams across the nation that was identified by 
the Army Corps of Engineers that is in dire need of rehabilitation. The 
earmark ($54,554,000) will be used to further the rehabilitation. I 
certify that neither I nor my spouse has any financial interest in this 
project.
  Requesting Member: Congressman Ed Whitfield
  Bill Number: FY 2009 Omnibus
  Account: Construction
  Legal Name of Requesting Entity: Louisville Army Corps of Engineers
  Address of Requesting Entity: 600 Martin Luther King Place 
Louisville, Kentucky 40202
  Description of Request: The project consists of twin 110 foot wide by 
1200 foot long dock chambers, five tainter gates and boat operated 
wicket navigable pass that can be raised or lowered for navigation 
purposes. This project was authorized in the 1989 Water Resources 
Development Act and the funding in the bill was for FY 2009 is 
$109,194,000. I certify that neither I nor my spouse has any financial 
interest in this project.
  Requesting Member: Congressman Ed Whitfield
  Bill Number: FY 2009 Omnibus
  Account: Uranium Enrichment Decontamination and Decommissioning Fund
  Legal Name of Requesting Entity: Department of Energy
  Address of Requesting Entity: Washington, D.C.
  Description of Request: The funds ($116,446,000) will be used to 
accelerate the removal of over 50 years of legacy waste and 
contamination stemming from the production of enriched uranium. I 
certify that neither I nor my spouse has any financial interest in this 
project.
  Requesting Member: Congressman Ed Whitfield
  Bill Number: FY 2009 Omnibus
  Account: Other Defense Activities--Health, Safety, and Security
  Legal Name of Requesting Entity: Department of Energy
  Address of Requesting Entity: Former Worker Screening Programs in the 
Office of Health, Safety, and Security located in Washington, D.C.
  Description of Request: The Department of Energy will receive this 
money ($999,075) and it will be used to assess the health of former DOE 
workers in order to detect selected occupational illnesses at an early 
stage. The total amount of the money will be used by DOE to ensure the 
welfare of employees at the plant. I certify that neither I nor my 
spouse has any financial interest in this project.
  Requesting Member: Congressman Ed Whitfield
  Bill Number: FY 2009 Omnibus
  Account: Higher Education (includes FIPSE)
  Legal Name of Requesting Entity: Breathitt Veterinary Center (BVC)
  Address of Requesting Entity: 715 North Drive in Hopkinsville, KY 
42241
  Description of Request: The entity receiving this money ($95,000) is 
Murray State University Breathitt Veterinary Center (BVC) located in 
Hopkinsville, Kentucky. The funds will be used to upgrade and expand 
research technology and allow for acquisition of equipment and supplies 
to facilitate teaching capacity at the BVC. I certify that neither I 
nor my spouse has any financial interest in this project.
  Requesting Member: Congressman Ed Whitfield
  Bill Number: FY 2009 Omnibus
  Account: Museums & Library
  Legal Name of Requesting Entity: Livingston County Library Board
  Address of Requesting Entity: P.O. Box 70, Smithland, KY 42081
  Description of Request: The entity receiving the money ($190,000) is 
the Livingston County Library Board. The funds will be used to purchase 
books, equipment, and update technology at a new library center. 
Funding to construct or purchase the facility will be provided by 
government at the local or state level. I certify that neither I nor my 
spouse has any financial interest in this project.
  Requesting Member: Congressman Ed Whitfield
  Bill Number: FY 2009 Omnibus
  Account: TCSP--Transportation & Community & System Preservation
  Legal Name of Requesting Entity: Kentucky Transportation Cabinet
  Address of Requesting Entity: 200 Metro Street in Frankfort, Kentucky 
40622
  Description of Request: The entity receiving the money ($2,280,000) 
is the Kentucky Transportation Cabinet in Frankfort, Kentucky, but the 
money will be used between Hopkinsville, Kentucky and the Interstate 24 
connection near the Kentucky/Tennessee border. The Pennyrile Parkway 
Extension project will provide a critical missing link in the highway 
system of Western Kentucky. By connecting the Pennyrile Parkway, a 
National Highway System route, with Interstate 24 near Fort Campbell, 
both routine regional travel and special national defense deployment 
needs can be better accommodated. I certify that neither I nor my 
spouse has any financial interest in this project.

[[Page 5819]]

  Requesting Member: Congressman Ed Whitfield
  Bill Number: FY 2009 Omnibus
  Account: Economic Development Initiatives (EDI)
  Legal Name of Requesting Entity: Adair County, Kentucky
  Address of Requesting Entity: 424 Public Square in Columbia, Kentucky 
42728
  Description of Request: The entity receiving the money ($166,250) is 
Adair County, Kentucky. The funds will be used to establish a City of 
Columbia/Adair County Community Senior Wellness Center to serve the 
needs of the elderly community to further enhance the quality of life 
in the rural community at the Senior Center. The center will serve as a 
facility to enable seniors to facilitate health and educational 
services in the community. I certify that neither I nor my spouse has 
any financial interest in this project.
  Requesting Member: Congressman Ed Whitfield
  Bill Number: FY 2009 Omnibus
  Account: Economic Development Initiatives (EDI)
  Legal Name of Requesting Entity: Metcalfe County, Kentucky
  Address of Requesting Entity: 100 East Stockton Street in Edmonton, 
Kentucky
  Description of Request: The entity receiving the money ($95,000) is 
Metcalfe County. The funds will be used to expand the current facility 
to meet the increasing needs of the community by relocating to a larger 
building already owned by the County to accommodate the needs of a 
successful operation already in place. In preparing for those needs, 
the day care center applied for a license to operate as a medical model 
day care center facility and recently received that license. Currently, 
the day care center is only able to serve 6 to 7 clients per day, but 
direly needs to expand. These funds will allow that expansion for the 
community to serve medical, educational, and day care services needs. I 
certify that neither I nor my spouse has any financial interest in this 
project.
  Requesting Member: Congressman Ed Whitfield
  Bill Number: FY 2009 Omnibus
  Account: Economic Development Initiatives (EDI)
  Legal Name of Requesting Entity: Casey County, Kentucky
  Address of Requesting Entity: 768 South Wallace Wilkinson Blvd in 
Liberty, Kentucky
  Description of Request: The entity receiving the money ($190,000) is 
Casey County, Kentucky. The funds will be used to finish the parking 
area and lighting at the Casey County Agriculture Exposition Center. 
These funds will complete the project that received funding in 2004. I 
certify that neither I nor my spouse has any financial interest in this 
project.
  Requesting Member: Congressman Ed Whitfield
  Bill Number: FY 2009 Omnibus
  Account: Buses and Bus Facilities
  Legal Name of Requesting Entity: Murray-Calloway Transit Authority
  Address of Requesting Entity: 607 Poplar Street Suite B in Murray, KY 
42071
  Description of Request: The entity receiving the money ($1,496,250) 
is the Murray Calloway Transit Authority in Murray, Kentucky. The funds 
will be used to design a Route System Project to be a more convenient 
service for many transit-dependent riders, which will allow for more 
flexibility for transit services. This project has been nationally 
recognized. I certify that neither I nor my spouse has any financial 
interest in this project.
  Requesting Member: Congressman Ed Whitfield
  Bill Number: FY 2009 Omnibus
  Account: Buses and Bus Facilities
  Legal Name of Requesting Entity: Fulton County Transit Authority
  Address of Requesting Entity: 300 Eastwood Dr in Fulton, KY 42041
  Description of Request: The entity receiving the money ($237,500) is 
the Fulton County Transit Authority located in Fulton, Kentucky. The 
funds will be used for radios and Wheelchair Vans, Mini Vans, Sedans, 
and passenger vans, as well as GPS units for their vehicles. I certify 
that neither I nor my spouse has any financial interest in this 
project.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                       HON. STEVEN C. LaTOURETTE

                                of ohio

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. LaTOURETTE. 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.


                Great Lakes Water Education STEM Project

  Account: NOAA--Operations, Research and Facilities
  Legal Name of Requesting Entity: Great Lakes Science Center
  Address of Requesting Entity: 601 Erieside Avenue, Cleveland, Ohio 
44114 USA
  Description of Request: Provide an earmark of $500,000 for the 
development, hosting, and educational programming for Water: H2O Equals 
Life to provide STEM education to K-12 school children. The program 
will provide overnight educational camp-ins, teacher professional 
development, outreach, and quarterly day-camps that teach global water 
policy. Approximately, $250,000 is for the development of the Water 
Exhibition partnership at the Great Lakes Science Center; $250,000 is 
for design and content development. The Great Lakes Science Center is 
committed to contributing $250,000 to this project.


         Ohio Environmental Infrastructure, Austinburg Township

  Account: Corps of Engineers--Construction
  Legal Name of Requesting Entity: Ashtabula County Department of 
Environmental Services
  Address of Requesting Entity: 25 West Jefferson St., Jefferson, Ohio 
44047 USA
  Description of Request: Provide an earmark of $700,000 for 
construction of a wastewater collection system in central Austinburg 
Township, Ashtabula County, Ohio, extending north, south, east and west 
from the intersection of SR 307 and SR 45. The Ohio EPA ordered the 
township to construct a public sanitary sewer collection system to 
eliminate unsanitary conditions followed by a County Health Department 
study that revealed numerous failed sewage disposal systems and high 
concentrations of fecal coli form bacteria in storm drains that flow 
into the Grand River, a major watershed of Lake Erie. Approximately, 
$10,500 is for wetland delineation; $616,000 is for installation of the 
collection system; $70,000 is for construction management, and $3,500 
is for environmental review.


               Ohio Environmental Infrastructure, Madison

  Account: Corps of Engineers--Construction
  Legal Name of Requesting Entity: Madison Township
  Address of Requesting Entity: 2065 Hubbard Road, Madison, Ohio 44057 
USA
  Description of Request: Provide an earmark of $200,000 to extend a 
primary water line to replace wells that have water quality issues. The 
service area currently runs seasonably dry. Approximately, $200,000 is 
for construction of the water line at McMackin Road. Local resident 
assessments are committed to a 25 percent match.


      Ohio Environmental Infrastructure, Thompson Sewerage Project

  Account: Corps of Engineers--Construction
  Legal Name of Requesting Entity: Geauga County Department of Water 
Resource
  Address of Requesting Entity: 470 Center Street, Building 3, Chardon, 
Ohio 44024 USA
  Description of Request: Provide an earmark of $300,000 for collecting 
and transporting generated waste water to a waste water treatment 
plant. The project was prompted by failing septic systems that are 
posing health risk to residents and violating environmental laws 
stemming from the Clean Water Act. The project is supported by the Ohio 
EPA. Approximately, $145,000 is for engineering and $155,000 is for 
construction.


                   Hattie Larlham Research Institute

  Account: Elementary and Secondary Education
  Legal Name of Requesting Entity: Hattie Larlham Autism Preschool
  Address of Requesting Entity: 9772 Diagonal Road, Mantua, Ohio 44255 
USA
  Description of Request: Provide an earmark of $238,000 for evidence-
based services for preschool-aged children with a primary diagnosis of 
autism. The intensive, early intervention services aim to provide 
personal independence and social responsibility for autistic children 
to enable a successful transition to kindergarten with minimal support 
needs. Support services are strained in the State as 1 out of every 150 
American children is diagnosed with an Autism Spectrum Disorder, 
according to 2007 data by the CDC. Approximately, $198,000 is for 
occupational and speech therapy services; $40,000 is for equipment, 
classroom space and teaching supplies.


    Lakeland Community College Regional Health Workforce Development

  Account: Higher Education
  Legal Name of Requesting Entity: Lakeland Community College
  Address of Requesting Entity: 7700 Clocktower Drive, Kirtland, Ohio 
44094 USA
  Description of Request: Provide an earmark of $333,000 for supporting 
construction of new classrooms and labs, equipment, and development of 
a Health Information Technology Associates Degree program. This project 
will

[[Page 5820]]

have a positive impact on workforce development and healthcare cost-
containment in Lake and surrounding counties by creating a pipeline of 
new skilled workers in nursing and allied health students with a focus 
on emerging technologies that train new and existing healthcare workers 
to use health state-of-the-art medical technologies. Approximately, 
$276,000 is for nursing and paramedic lab and classroom space and 
$57,000 is for equipment. Lakeland Community College will contribute a 
1:1 nonfederal dollar match.


                    Glenbeigh Hospital of Rock Creek

  Account: Substance Abuse and Mental Health Services Administration--
Substance Abuse Treatment
  Legal Name of Requesting Entity: Glenbeigh Hospital of Rock Creek
  Address of Requesting Entity: 2863 Route 45, Rock Creek, Ohio 44084 
USA
  Description of Request: Provide an earmark of $190,000 for expanding 
the capacity for extended care at the Rock Creek campus. Current 
program spaces for this counseling-based model that provides patients 
with the opportunity to regain independent living skills while 
continuing to benefit from counseling and recovery programs, is very 
limited. Approximately, $190,000 is for doubling the capacity in both 
the men's and women's residential recovery programs.


  Lake Metroparks Greenway Corridor Overhead Crossing of Norfolk and 
                           Southern Railroad

  Account: Surface Transportation Priorities
  Legal Name of Requesting Entity: Lake Metroparks
  Address of Requesting Entity: 11211 Spear Road, Concord Township, 
Ohio 44077 USA
  Description of Request: Provide an earmark of $570,000 for 
constructing an overhead crossing over the Norfolk & Southern Railroad 
tracks located west of Liberty Street in Painesville, OH. The crossing 
will create a safer and more appropriately linked trail facility which 
in turn will increase usage of this section of the facility given its 
proximity to new schools in the City of Painesville. Approximately, 
$500,000 is for construction; $60,000 is for engineering and design, 
and $10,000 is for right of way permits.


 Pedestrian and Roadway Improvements to the North, Mill, and Cleveland 
                            Streets Corridor

  Account: Surface Transportation Priorities
  Legal Name of Requesting Entity: Village of Chagrin Falls
  Address of Requesting Entity: 21 West Washington Street, Chagrin 
Falls, Ohio 44022 USA
  Description of Request: Provide an earmark of $380,000 for pedestrian 
and roadway improvements to the North Street, Mill Street, and 
Cleveland Street corridor. This roadway network will connect the north 
and south sides of the Village, providing safe access and links to 
existing public sidewalks to the public schools, businesses, churches 
and nature preserve. Approximately, $380,000 is for construction, 
including repair and resurfacing of existing asphalt pavement; repair 
and/or replacement of existing brick roadway; alignment of a storm 
drainage system, and construction of new sidewalks as needed.


                Traffic Signal Preemption System (TSPS)

  Account: Surface Transportation Priorities
  Legal Name of Requesting Entity: City of Willoughby
  Address of Requesting Entity: 37000 Euclid Avenue, Willoughby, Ohio 
44094 USA
  Description of Request: Provide an earmark of $85,500 for providing 
intersection right-of-way to authorized emergency vehicles. The current 
TSPS are so outdated that equipment is not available to make repairs. 
The requested TSPS locations are all located on major routes to a large 
acute care hospital, LakeWest Hospital. Approximately, $45,500 is for 
equipment and $40,000 is for installation.


              Metroparks Serving Summit County, Akron, OH

  Account: Economic Development Initiatives
  Legal Name of Requesting Entity: Metro Parks Serving Summit County
  Address of Requesting Entity: 975 Treaty Line Road, Akron, Ohio 44313 
USA
  Description of Request: Provide an earmark of $142,500 for purchasing 
the 54-acre Summit Bike and Hike Trail Preserve. The property is 
approximately 30% wetlands. It is bordered by Silver Springs Park and a 
20-acre wetland complex, both owned by the City of Stow. Acquisition of 
the Summit Bike and Hike Trail Preserve will create a 354-acre block of 
publicly owned land to conserve and manage natural resources and 
provide the public with safe, outdoor recreational and educational 
opportunities, while improving water quality within the Cuyahoga River 
watershed. The project meets the goals of Ohio's Draft Coastal & 
Estuarine Land Conservation Program. Approximately, $142,500 is for 
acquiring fee title to the property.


                   Geauga Park District, Chardon, OH

  Account: Economic Development Initiatives
  Legal Name of Requesting Entity: Geauga Park District
  Address of Requesting Entity: 9160 Robinson Road, Chardon, Ohio 44024 
USA
  Description of Request: Provide an earmark of $285,000 for acquiring 
the 237-acre Orchard Hills property located in Chester Township, Geauga 
County, and the City of Kirtland. The western portion of the property 
contains 4,500 linear feet of Caves Creek, which the Ohio EPA has 
designated as high quality coldwater habitat. Preserving this property 
will help maintain the water quality of this Chagrin River tributary, 
part of the Lake Erie Basin. The Chagrin River is a State-designated 
Scenic River. Approximately, $285,000 is to acquire fee title to the 
property.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                            HON. STEVE KING

                                of iowa

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. KING of Iowa. Madam Speaker, pursuant to the Republican 
Leadership standards on earmarks, I am submitting the following 
information regarding earmarks I received as part of the FY 2009 
Omnibus.
  Requesting Member: Congressman Steve King
  Bill Number: H.R. 1105, Omnibus Appropriations Act, 2009
  Account: Natural Resources Conservation Service, Conservation 
Operations
  Amount: $282,000
  Legal Name of Requesting Entity: Hungry Canyons Alliance
  Address of Requesting Entity: 712 S. Hwy. 6 & 59, Oakland, Iowa 51560
  Description of Request: Funds are made available to counties to 
protect infrastructure and farmland from the erosive powers of stream 
degradation. For every $1 invested in Hungry Canyons Project streambed 
stabilization structures, more than $4.25 of property value and an 
average of 1.05 tons of sediment are protected.
  Requesting Member: Congressman Steve King
  Bill Number: H.R. 1105, Omnibus Appropriations Act, 2009
  Account: Natural Resources Conservation Service, Watershed/Flood 
Prevention Operations
  Amount: $1,146,000
  Legal Name of Requesting Entity: Natural Resources Conservation 
Service of Iowa
  Address of Requesting Entity: 693 Federal Building, Des Moines, IA 
50309
  Description of Request: The funding would be used to continue the 
implementation of the Little Sioux Flood Prevention Project. This 
project continues to reduce flood damage, gully erosion damage, stream 
channel degradation, and improve water quality within the Little Sioux 
River Watershed of western Iowa. This will assist about 85 landowners 
and five communities that need assistance in installing soil and water 
conservation practices to slow water runoff and reduce erosion damage 
to agricultural land, public infrastructure including roads and 
bridges, and to reduce sediment and associated agricultural nutrients 
and pesticides being delivered to streams and rivers.
  Requesting Member: Congressman Steve King
  Bill Number: H.R. 1105, Omnibus Appropriations Act, 2009
  Account: Natural Resources Conservation Service, Conservation 
Operations
  Amount: $288,000
  Legal Name of Requesting Entity: Iowa Soybean Association
  Address of Requesting Entity: 4554 114th St., Urbandale, IA 50322
  Description of Request: Iowa Soybean Association's Certified 
Environmental Management Systems for Agriculture (CEMSA) program's 
overarching goal is to develop and disseminate a means for farmers to 
assess and improve their environmental performance, while improving 
agronomic and economic performance, using an adaptive management tool 
based on ISO 14001 and NRCS's 9-step planning process. This adaptive 
management system employs science-based applied evaluation tools to 
give each farmer baseline data, in the first year, then performance 
data in subsequent years giving them real feedback from their own 
operation on which to make management decisions regarding nutrients, 
soil, pests, energy uses and sources, wildlife habitat, greenhouse gas 
emissions (GHGE) and other atmospheric resources he or she may 
prioritize. ISA staff train and oversee contracted Certified Crop 
Advisors who provide technical assistance to producers in developing 
and maintaining their CEMSA plan. Cost and profit data is also plugged 
into the plan to

[[Page 5821]]

guide the producer in determining the economic sustainability of 
environmental performance.
  The public now demands from crop producers both increased production 
of food, fiber, fuel, and other biobased product feedstocks and 
increased, documented environmental performance to conserve soils, 
sequester carbon, improve water quality, reduce greenhouse gas 
emissions, improve energy efficiency and increase wildlife habitat. As 
independent business persons, farmers in the Upper Mississippi River 
(UMR) Basin and across the country need management systems to help them 
incorporate the best tools of science and business to measure and 
improve both agronomic and environmental performance while sustaining 
profitability. This program has developed and piloted the basic 
management system and the technical assistance model producers in Iowa, 
the UMR Basin, and other agricultural regions need to meet these 21st 
Century demands. Expanding the scale of CEMSA in FY09, integrating 
individual planning with watershed planning, linking performance 
reporting to NRCS's system, and establishing recognized certification 
have significant implications in transferability of CEMSA throughout 
the UMR Basin and nationally. CEMSA is one of the ISA programs 
recognized by the National Academy of Sciences National Research 
Council's study on the Mississippi River Water Quality and the Clean 
Water Act as exemplary of the performance-based, public-private 
partnership projects that should be expanded throughout the UMR Basin.
  Requesting Member: Congressman Steve King
  Bill Number: H.R. 1105, Omnibus Appropriations Act, 2009
  Account: Natural Resources Conservation Service, Conservation 
Operations
  Amount: $134,000
  Legal Name of Requesting Entity: Iowa Soybean Association
  Address of Requesting Entity: 4554 114th Street, Urbandale, IA 50322
  Description of Request: The Iowa Soybean Association's Watershed 
Management and Demonstration Program is a continuing project that links 
public and private resources and expertise to provide technical 
assistance to individual farmers, groups of farmers, and other 
stakeholders in Iowa watersheds for the purpose of improving 
agriculture's environmental performance and watershed health.
  The project supports expert staff to assist watershed organizations 
and groups of farmers in developing and maintaining adaptive management 
plans and in measuring and reporting performance in optimizing 
fertilizer use efficiency, remediating agricultural pollutants, 
decreasing soil erosion, building soil carbon, improving on-farm energy 
efficiency, reducing greenhouse gas emissions, enhancing wildlife 
habitat, and maintaining or increasing yield and profitability.
  Private-public partnerships among agencies, private industry, 
producers, environmental groups, all levels of government, water 
utilities, and the university are fundamental to the design of this 
project, and those functioning partnerships to achieve the above 
project objectives are a measure of the project's success. This project 
also enables farmers to engage in watershed leadership and planning, 
employing their expertise and motivating more effective environmental 
management practices.
  Requesting Member: Congressman Steve King
  Bill Number: H.R. 1105, Omnibus Appropriations Act, 2009
  Account: Department of Justice, COPS Meth
  Amount: $500,000
  Legal Name of Requesting Entity: Sioux City Police Department
  Address of Requesting Entity: 601 Douglas St., Sioux City, IA 51101
  Description of Request: National Meth Training Center--An informal 
poll of Police Chiefs and Sheriffs in the region conducted by the Sioux 
City Police Department, revealed that most rural communities had 
received little or no training in drug identification, investigative 
methods, intelligence gathering, search warrant preparation and 
execution or in the hazards of clandestine methamphetamine laboratories 
prior to the inception of the training center. The Sioux City Police 
Department National Training Center maintains a vision of providing the 
most current and relevant training in the area of narcotics law 
enforcement. The training center's mission is to support the overall 
effort to control and reduce methamphetamine production, trafficking 
and distribution on the local, regional and national level. The Sioux 
City Police Department is providing the leadership in developing 
training now and for the future. To that end the NTC strives to:
  Provide the most current and relevant training in all areas of 
narcotics law enforcement provided by the most highly skilled 
instructors available. Provide skills based training through the use of 
simulation and scenario based practicals. Provide a central 
clearinghouse for the organization, coordination, research and 
curriculum development targeted towards the continued education of 
those in the law enforcement profession. Provide current situational 
awareness regarding the connections between narcotics trafficking and 
terrorist activities.
  The NTC is in a unique position at this time to assist law 
enforcement professionals across the nation in their fight against 
illegal drugs. Officers and administrators from 40 states have attended 
training at our facility. Instructors and students who have attended 
training in Sioux City have also spread the word about the unique 
training opportunities available at the NTC. Students from as far away 
as Alaska, California, New York and Florida have attended training at 
the NTC. Officers have come from as far away as Oklahoma using their 
own vacation time just to attend the training provided by the training 
center because that same training would otherwise be unavailable to 
them.
  Requesting Member: Congressman Steve King
  Bill Number: H.R. 1105, Omnibus Appropriations Act, 2009
  Account: Department of Justice, OJP--Byrne Discretionary Grants
  Amount: $600,000
  Legal Name of Requesting Entity: Heartland Family Services, Inc.
  Address of Requesting Entity: 515 East Broadway, Council Bluffs, IA 
51503
  Description of Request: Heartland Family Services Residential 
Methamphetamine Treatment in Southwest Iowa--The need for the Southwest 
Iowa Methamphetamine Treatment Program centers around the epidemic of 
methamphetamine use. One in three child protective investigations in 
the Council Bluffs area involves this drug. Some babies are born with 
methamphetamine in their system, and children are exposed to use of the 
drug in their home. Some children live in homes where methamphetamine 
is being manufactured.
  This project will be a collaborative effort between Heartland Family 
Services, the Iowa Department of Human Services, the courts, and other 
social service agencies. It is a clinically managed low-intensity 
residential service for substance abuse patients, using Heartland 
Family Service's established residential treatment and counseling 
facilities. The program offers women an interim residential treatment 
service, and at the same time allows them to continue parenting their 
children. Treatment is directed toward applying recovery skills, 
preventing relapse, promoting personal responsibility and reintegrating 
the patient into work, education and family life. Services include 
individual, group and family therapy.
  This level of care is a missing piece in the substance abuse 
treatment continuum of care in Southwest Iowa. Patients who complete 
residential programming ordinarily go directly home and receive 
outpatient treatment. To prevent relapse, many of these patients would 
benefit from a monitored interim treatment setting. Each patient has 
clinical oversight by a professional counselor who assesses the 
psychosocial history of a substance abuser to determine the most 
appropriate treatment plan.
  Requesting Member: Congressman Steve King
  Bill Number: H.R. 1105, Omnibus Appropriations Act, 2009
  Account: Corps of Engineers, Section 206
  Amount: $0--It is a named project
  Legal Name of Requesting Entity: Iowa Department of Natural Resources
  Address of Requesting Entity: 502 East Ninth Street, Des Moines, IA 
50319
  Description of Request: Little Storm Lake Aquatic 206 Restoration 
Project--This joint project between the local Storm Lake Improvement 
Group, the US Army COE and the IDNR has as an objective to improve the 
aquatic species habitat in the Storm Lake watershed and to restore the 
wetland function of Little Storm Lake. Any funding made available to 
this project will be used to continue design and construction of the 
Little Storm Lake Aquatic 206 Restoration Project critical to improve 
aquatic species habitat and restore wetland function.
  Requesting Member: Congressman Steve King
  Bill Number: H.R. 1105, Omnibus Appropriations Act, 2009
  Account: Bureau of Reclamation, Water and Related Resources
  Amount: $27,000,000
  Legal Name of Requesting Entity: Lewis and Clark Regional Water 
System
  Address of Requesting Entity: 401 E 8th Street, Suite 306, Sioux 
Falls, SD 57103

[[Page 5822]]

  Description of Request: When completed, Lewis & Clark Regional Water 
System will be a wholesale supplier of treated water to 20 cities and 
rural water systems in northwest Iowa, southeast South Dakota and 
southwest Minnesota (an area the size of Connecticut). Over 300,000 
people in the tri-state region will benefit from the project. Iowa 
members include Hull, Rock Rapids, Sheldon, Sibley and Sioux Center. 
L&C will have an immense impact on the quality of life and economic 
development of the tri-state region. The project is a unique 
cooperative agreement among the federal government, three states and 20 
local governments. This type of cooperation and consolidation, which in 
L&C's case involves 20 cities and rural water cities banding together 
to address common water needs, is a model of efficiency that the 
federal government is encouraging.
  Requesting Member: Congressman Steve King
  Bill Number: H.R. 1105, Omnibus Appropriations Act, 2009
  Account: Environmental Protection Agency, STAG Water and Wastewater 
Infrastructure Project
  Amount: $150,000
  Legal Name of Requesting Entity: The City of Spencer, Iowa
  Address of Requesting Entity: 418 2nd Ave. West, Spencer, Iowa 51301
  Description of Request: To continue design and construction of the 
Combined Sewer Separation Projects critical to eliminate the overflow 
of sewage into the basements of City of Spencer citizens during major 
thunderstorms. The City of Spencer continues to dedicate significant 
funding toward separating storm and sanitary sewers over 100 years old, 
which serves one-third of City of Spencer residents. Since 1990, five 
projects have been completed towards this goal.
  Requesting Member: Congressman Steve King
  Bill Number: H.R. 1105, Omnibus Appropriations Act, 2009
  Account: Department of Health and Human Services, Health Resources 
and Services Administration--Health Facilities and Services
  Amount: $476,000
  Legal Name of Requesting Entity: Iowa Western Community College
  Address of Requesting Entity: 2700 College Road, Council Bluffs, IA 
51502
  Description of Request: Iowa Western Nursing Center of Excellence--
Iowa Western Community College in Council Bluffs will use these funds 
to increase the number of highly skilled nurses in the state of Iowa. 
Since 2003, 100% of Iowa Western Community College's graduates have 
passed the state nursing certification test on the first attempt, which 
is better than many of the state's, as well as the region's, four-year 
institutions. Because Iowa Western Community College currently 
graduates many of the state's top dental assistants, dental hygienists, 
practical nurses, registered nurses, surgical technologists, medical 
assistants and emergency medical technicians, enrollment could be 
greatly increased to meet demand if the college had the necessary 
equipment and expanded faculties. Therefore, Iowa Western Community 
College proposes a new Iowa Western Nursing Center of Excellence, with 
multiple laboratories and high-tech equipment on which to train 
thousands of future nurses within the next decade. The college, 
community and private donors have recently committed at least 
$10,000,000 to the Center's construction. The new laboratories and 
equipment will strongly enhance substantial job creation within Iowa, 
improve access to health care for Iowans and expand the creation of a 
scientifically qualified workforce in the medical and health services 
arena. By greatly enhancing the teaching environment, as well as the 
physical learning space and equipment, Iowa Western Community College 
will alleviate the region's nurse shortage and double the number of 
nurses it trains annually by 2012.
  Requesting Member: Congressman Steve King
  Bill Number: H.R. 1105, Omnibus Appropriations Act, 2009
  Account: Department of Health and Human Services, Health Resources 
and Services Administration--Health Facilities and Services
  Amount: $428,000
  Legal Name of Requesting Entity: Northwestern College
  Address of Requesting Entity: 101 7th St SW, Orange City, IA 51041
  Description of Request: Northwestern College's Health and Healing 
Nursing Project is designed to meet the needs of its growing Bachelor 
of Science in Nursing (BSN) program; the staff educational needs of the 
Orange City Area Health System (OCAHS); and continued collaboration 
between OCAHS and Northwestern. Funding is requested for equipment for 
the nursing arts laboratory that is being built as part of the 
College's Health and Healing Nursing Project. Operating collaboratively 
with the Orange City Area Health System, the project will directly 
address the nation's impending nursing shortage by providing excellent 
new BSN nurses in a particularly rural area, while also providing for 
the ongoing educational and assessment needs of the hospital. Western 
Iowa will gain a critical opportunity to educate new nurses at an 
advanced level, as the need for advanced nursing education in rural 
western Iowa is well documented.
  Requesting Member: Congressman Steve King
  Bill Number: H.R. 1105, Omnibus Appropriations Act, 2009
  Account: Transportation, Community, and System Preservation
  Amount: $570,000
  Legal Name of Requesting Entity: Iowa Department of Transportation
  Address of Requesting Entity: 800 Lincoln Way, Ames, IA 50010
  Description of Request: Requested funding will be used to continue 
construction of four-lane US 20 in northwest Iowa from the county line 
of Sac and Calhoun counties in Iowa to Moville, Iowa. The Iowa 
Department of Transportation continues to dedicate significant funding 
toward completing the final 90 miles of this expansion project. 
Activity ranging from grading to environmental study and design is 
taking place on each of the 90 miles with 45.5 miles in the DOT's Five 
Year Plan in the construction phase. The funding will assist in this 
critical project to increase traveler safety, economic development and 
stem population loss in one of the state's most productive regions.
  Requesting Member: Congressman Steve King
  Bill Number: H.R. 1105, Omnibus Appropriations Act, 2009
  Account: Transportation, Community, and System Preservation
  Amount: $237,500
  Legal Name of Requesting Entity: City of Council Bluffs
  Address of Requesting Entity: 209 Pearl Street, Council Bluffs, IA 
51503
  Description of Request: The funding will be used to reconstruct 24th 
St from I-80 to 23rd Ave in order to accommodate traffic volumes, 
improve safety, and provide alternate routes for I-80 traffic. The 24th 
St interchange with I-80 directs more than 11 million annual visitors 
to the city's entertainment corridor.
  Requesting Member: Congressman Steve King
  Bill Number: H.R. 1105, Omnibus Appropriations Act, 2009
  Account: Economic Development Initiatives
  Amount: $475,000
  Legal Name of Requesting Entity: City of Council Bluffs
  Address of Requesting Entity: 209 Pearl Street, Council Bluffs, IA 
51503
  Description of Request: The funding will be used to implement a 
targeted program of single family rehabilitation and new construction, 
acquisition/rehabilitation of single family properties and blight 
removal and site development in the Playland Park neighborhood. The 
significance of this project will be felt not only locally but 
regionally as well. The project's location is highly visible and is a 
gateway into Council Bluffs. It will complement a sizeable ongoing 
``Rivers Edge'' project estimated at $50 million.
  Requesting Member: Congressman Steve King
  Bill Number: H.R. 1105, Omnibus Appropriations Act, 2009
  Account: Transportation, Community, and System Preservation
  Amount: $427,500
  Legal Name of Requesting Entity: Iowa Department of Transportation
  Address of Requesting Entity: 800 Lincoln Way, Ames, IA 50010
  Description of Request: The funding will be used for the planning and 
construction of the U.S. 34 bridge in Mills County, Iowa. The project 
begins at Interstate 29/US 34 interchange west of Glenwood, Iowa. From 
that point it curves northwesterly crossing the Missouri River north of 
the confluence with the Platte River. The relocated US 34 alignment 
intersects with US 75 (Kennedy Expressway) south of Bellevue, NE.
  Requesting Member: Congressman Steve King
  Bill Number: H.R. 1105, Omnibus Appropriations Act, 2009
  Account: Interstate Maintenance Discretionary
  Amount: $1,092,500
  Legal Name of Requesting Entity: City of Sioux City
  Address of Requesting Entity: 405 6th Street PO Box 447 Sioux City, 
IA 51102
  Description of Request: Interstate 29 Utility Relocation Project in 
Sioux City, IA--The Iowa

[[Page 5823]]

Department of Transportation has included the much needed 
reconstruction of Interstate 29 through Sioux City in their 2008-2012 
Highway Program. The project currently has $87 million committed for 
interstate reconstruction in fiscal years 2009-2012. With 
reconstruction begun in calendar 2008, the City of Sioux City must 
relocate utilities existing within the Interstate 29 right-of-way. The 
funding will be used for design, construction, and contract 
administration costs of the utilities move.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                            HON. MARY FALLIN

                              of oklahoma

                    in the house of representatives

                      Wednesday, February 25, 2009

  Ms. FALLIN. Madam Speaker, pursuant to the House Republican standards 
on federally funded projects, I, Congresswoman Mary Fallin, am 
submitting the following information for publication in the 
Congressional Record regarding federally funded projects I received as 
part of H.R. 1105--Omnibus Appropriations Act, 2009.
  Under Division B--Commerce, Justice, Science, and Related Agencies 
Appropriations Act, 2009 I, Congresswoman Mary Fallin, requested and 
received through the Department of Justice under its OJP--Byrne 
Discretionary Account the amount of $150,000 for the University of 
Central Oklahoma located in Edmond, Oklahoma. The requesting entity for 
this funding was the University of Central Oklahoma located at 100 
North University Drive, Edmond, OK 73034. The University of Central 
Oklahoma combined with the new $35 million Oklahoma State Bureau of 
Investigation Forensic Institution and has established a major forensic 
education/laboratory program serving the entire southwest. The Program 
has been expanded to 48 graduates a year. This funding will be used to 
provide laboratory infrastructure and equipment to significantly expand 
the services available to the training programs and to state and local 
law enforcement officers.
  Under Division B--Commerce, Justice, Science, and Related Agencies 
Appropriations Act, 2009 I, Congresswoman Mary Fallin, requested and 
received through the Department of Justice under its COPS Law 
Enforcement Technology Account the amount of $200,000 for the Oklahoma 
Department of Safety located in Oklahoma City, OK. The requesting 
entity for this funding was the Oklahoma Bureau of Investigations 
located at 6600 N. Harvey, Oklahoma City, OK 73116. Provide $200,000 to 
replace the state's aging communication system and to provide 
comprehensive radio and data communications capabilities for all 
emergency response agency units in Oklahoma. Out of this $200,000, the 
amount of $150,000 [75% of the total] will be used for the replacement 
of a 800 MHz base station and associated repeater equipment at a major 
transmission site in Chickasha, OK which is ten years old and is now 
frequently failing, creating a safety issue for the public safety 
personnel that depend on that location. Additionally, the amount of 
$50,000 [25% of the total] will be used to replace and upgrade a 
dispatcher console in Muskogee, OK in order that it can handle low band 
and 800 MHz radio frequencies. The current communications capabilities 
of the Oklahoma Highway Patrol and other law enforcement agencies are 
inadequate, unsafe, and antiquated. Deployment of this communications 
system will patch geographical gaps in the state, link all the types of 
the first responders and support personnel and enable Oklahoma state 
and local public safety agencies to quickly transmit critical 
information on potential threats. A statewide 800-megahertz 
communications system was approved in 1982 but has never been completed 
due to budget constraints.
  Under Division B--Commerce, Justice, Science, and Related Agencies 
Appropriations Act, 2009 I, Congresswoman Mary Fallin, requested and 
received through the Department of Justice under its COPS Law 
Enforcement Technology Account the amount of $300,000 for the Oklahoma 
State Bureau of Investigations located in Oklahoma City, OK. The 
requesting entity for this funding was the Oklahoma Bureau of 
Investigations located at 6600 N. Harvey, Oklahoma City, OK 73116. The 
Oklahoma Mobile Analysis Center is a self-contained vehicle equipped 
with secure computer hardware/software and communication-networking 
systems that will allow trained criminal analysts to receive, analyze, 
and disseminate raw intelligence data necessary to state and national 
homeland security efforts. Information generated by the MAC unit will 
be turned into actionable knowledge that supports the ability to 
detect, investigate, prevent, and respond to criminal and terrorist 
activity.
  Under Division C--Energy and Water Development and Related Agencies 
Appropriations Act, 2009, I, Congresswoman Mary Fallin, requested and 
received through the Corps of Engineers under its Investigations 
Account the amount of $311,000 for the Southeast Oklahoma Water 
Resource Study. The requesting entity for this funding was the Oklahoma 
Water Resources Board located at 3800 N. Classen Blvd., OKC, OK 73118. 
The output of this multi-year study will be a Southeast Oklahoma 
Watershed Management Plan that identifies solutions to water resources 
problems with the study area, including a systems approach to 
collaboratively develop pertinent existing, forecasted and strategic 
information for the Oklahoma Comprehensive Water Plan.
  Under Division C--Energy and Water Development and Related Agencies 
Appropriations Act, 2009, I, Congresswoman Mary Fallin, requested and 
received through the Corps of Engineers under its Investigations 
Account the amount of $191,000 for the Washita River Basin. The 
requesting entity for this funding was the Oklahoma Water Resources 
Board located at 3800 N. Classen Blvd., OKC, OK 73118. The output of 
this multi-year study will be a Washita River Watershed Management Plan 
that identifies solutions to water resource problems within the study 
area, including a systems approach to collaboratively develop pertinent 
existing, forecasted and strategic information for the Oklahoma 
Comprehensive Water Plan. The project covers the Washita River 
Watershed and adjacent counties in southwest Oklahoma.-
  Under Division C--Energy and Water Development and Related Agencies 
Appropriations Act, 2009, I, Congresswoman Mary Fallin, requested and 
received through the Corps of Engineers under its Investigations--PAS 
Account the amount of $100,000 for the PAS: Oklahoma Comprehensive 
Water Plan. The requesting entity for this funding was the Oklahoma 
Water Resources Board located at 3800 N. Classen Blvd., OKC, OK 73118. 
This Multi-year study to provide technical assistance to the state of 
Oklahoma in updating the Oklahoma Comprehensive Water Plan. The OWRB 
envisions that, combined with federal cost-shared funds, the OWRB could 
work with local water suppliers in evaluating their system conditions, 
long-term needs, and develop a strategy to meet their needs over a 50-
year time horizon. The plan would also address the long-term needs of 
other water use sectors.
  Under Division C--Energy and Water Development and Related Agencies 
Appropriations Act, 2009, I, Congresswoman Mary Fallin, requested and 
received through the Bureau of Reclamation under its Water and Related 
Sources Account the amount of $65,000 for the Oklahoma Investigations 
Program, Oklahoma Comprehensive Water Plan. The requesting entity for 
this funding was the Oklahoma Water Resources Board located at 3800 N. 
Classen Blvd., OKC, OK 73118. This project provides technical 
assistance and funds to assist the State of Oklahoma in updating the 
Oklahoma State Comprehensive Water Plan. FY2009 funds are being 
requested to complete modernization of the OWRB database management 
system, migration of existing data and appropriate training.
  Under Division F--Departments of Labor, Health and Human Services, 
and Education, and Related Agencies Appropriations Act, 2009, I, 
Congresswoman Mary Fallin requested and received through the Department 
of Health and Human Services under its Health Resources and Services--
Health Facilities and Services Account the amount of $333,000 for 
Oklahoma Medical Research Foundation located at 825 N.E. 13th Street 
Oklahoma City, Oklahoma 73104. These funds will be used for a mass 
spectrometer. Mass Spectrometry is a highly effective type of advanced 
technical analysis and has become a critical technique in biomedical 
research. In a field such as cardiovascular disease research, mass 
spectrometry is giving scientists new abilities ranging from 
experiments attempting to understand fundamental processes. Mass 
spectrometers have fundamentally changed research and are now 
considered a key tool for research organizations. In the entire State 
of Oklahoma there is no such instrument.
  Under Division F--Departments of Labor, Health and Human Services, 
and Education, and Related Agencies Appropriations Act, 2009, I, 
Congresswoman Mary Fallin requested and received through the Department 
of Health and Human Services Account under its Health Resources and 
Services--Health Facilities and Services the amount of $285,000 for 
Oklahoma State University Center for Health Sciences located at 1111 
West 17th, Tulsa, OK 74101. These funds will be used for the purchase 
of equipment to update the facility.
  Under Division F--Departments of Labor, Health and Human Services, 
and Education,

[[Page 5824]]

and Related Agencies Appropriations Act, 2009, I, Congresswoman Mary 
Fallin requested and received through the Department of Health and 
Human Services under its Health Resources and Services--Health 
Facilities and Services Account the amount of $333,000 for Oklahoma 
State University Center for Health Sciences located at 1111 West 17th, 
Tulsa, OK 74101. These funds will be used for the purchase of 
equipment.
  Under Division F--Departments of Labor, Health and Human Services, 
and Education, and Related Agencies Appropriations Act, 2009, I, 
Congresswoman Mary Fallin requested and received through the Institute 
of Museum and Library Services under its Museums and Libraries Account 
the amount of $285,000 for the Native American Cultural and Educational 
Authority located in Oklahoma City, Oklahoma. The requesting entity for 
this funding was the City of Oklahoma City located at 200 North Walker 
Street, Oklahoma City, OK 73102. Oklahoma has a unique story and a 
history that differentiates us from any other state in the nation. 
Nowhere else in the United States can a visitor hear first-hand 
accounts from 39 different American Indian Tribal Nations regarding 
their journey from ancestral homelands, or discover how Native peoples 
have contributed and woven their identities into the fabric of 
contemporary Oklahoma. The American Indian Cultural Center will be a 
``living cultural space'' featuring modern-day expressions of 39 Tribal 
Nations. It will provide visitors a rare opportunity to be immersed in 
traditional celebrations, contemporary events, and activities both 
inside the Cultural Center and across a 300-acre Cultural Park. These 
funds will be used to complete the education and cultural exhibits 
construction within the cultural center.
  Under Division I--Transportation, Housing and Urban Development, and 
Related Agencies Appropriations Act, 2009, I, Congresswoman Mary Fallin 
requested and received through the Buses and Facilities Account the 
amount of $712,000 for the Central Oklahoma Transportation and Parking 
Authority located at 300 S.W. 7th St., Oklahoma City, Oklahoma 73109. 
These funds will be used for an Automated Vehicle Location systems 
provide real time bus information to management and bus patrons and 
include automated enunciation system to automatically announce bus 
stops in order to assist individuals with vision problems.
  Under Division I--Transportation, Housing and Urban Development, and 
Related Agencies Appropriations Act, 2009, I, Congresswoman Mary Fallin 
requested and received through the Buses and Facilities Account the 
amount of $1,330,000 for Oklahoma City Bus Replacement. The requesting 
entity for this funding was the Central Oklahoma Transportation and 
Parking Authority located at 300 S.W. 7th St., Oklahoma City, Oklahoma 
73109. These funds will be used to replace buses that have reached the 
end of their useful lives.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                           HON. PETE SESSIONS

                                of texas

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. SESSIONS. Madam Speaker, pursuant to the Republican Leadership 
standards on earmarks, I am submitting the following information for 
publication regarding earmarks I received as part of H.R. 1105 FY 2009 
Omnibus Appropriations Act.
  Requesting Member: Congressman Pete Sessions
  Bill Number: H.R. 1105
  Account: Department of Justice, OJP Byrne Discretionary Grants
  Legal Name of Requesting Entity: Phoenix House
  Address of Requesting Entity: 2345 Regan Street, Dallas, Texas, 75219
  Description of Request: I have received an earmark of $500,000 to 
expand the service delivery system for the increasing number of Dallas 
area adolescents who are seeking drug treatment. Dallas has been 
identified by the Office of National Drug Control Policy (ONDCP) as one 
of the communities hit hardest by the problem of drug abuse among our 
nation's youth, and the ONDCP has recognized Dallas as a High Intensity 
Drug Trafficking Area. The impact of alcohol and drug abuse has been 
well documented in terms of financial costs to federal, state, and 
local governments. North Texas, especially Dallas, is experiencing an 
epidemic of the use of `cheese,' a mixture of black tar heroin and 
over-the-counter drugs a very dangerous and highly addictive 
combination.
  Requesting Member: Congressman Pete Sessions
  Bill Number: H.R. 1105
  Account: Department of Justice, COPS Law Enforcement Technology
  Legal Name of Requesting Entity: Dallas County Sheriff's Department
  Address of Requesting Entity: 133 North Industrial Blvd., Dallas, 
Texas 75207
  Description of Request: I have received an earmark of $100,000 to 
update the AFIS system for the Dallas County Sheriff's Department. The 
Dallas County Sheriff's Department books approximately 400 people every 
24 hours. The current system is slow and is susceptible to error and 
misidentifications. A biometric ``2-fingerlook-up system'' is needed in 
order to process arrestees accurately and effectively. Dallas County 
Sheriff's Department needs to update its AFIS system, AFIX Tracker. 
These upgrades will provide each of the surrounding agencies the 
ability to search the Dallas County database. Dallas County will also 
have the ability to search databases maintained in the surrounding 
counties, including Parker County, Collin County and Denton County. The 
outcome of this regional database approach will be to dramatically 
increase the efficiency and hit rate of the Dallas County Sheriff's 
Department's AFIX Tracker AFIS system.
  Requesting Member: Congressman Pete Sessions
  Bill Number: H.R. 1105
  Account: Corps of Engineers, Construction
  Legal Name of Requesting Entity: City of Dallas
  Address of Requesting Entity: 1500 Manila 4EN, Dallas, Texas 75201
  Description of Request: I have received an earmark of $13,000,000 for 
the Dallas Floodway Extension (DFE). This request is for continuation 
construction funding of the Dallas Floodway Extension (DFE). It is a 
joint effort between the City of Dallas and the Army Corps of Engineers 
consisting of a ``chain of wetlands'' and a system of protective 
levees. The flood control improvements will reduce flooding for 12,500 
structures in the Central Business District and area neighborhoods 
permitting balanced growth. The DFE builds on prior flood protection 
efforts undertaken by the City to protect low-income neighborhoods and 
the primary wastewater treatment plant that serves 75% of Dallas's 
needs. The proposed improvements will increase the level of protection 
of the Dallas Floodway levee system to the Standard Project Flood or 
800-year event. Features will include 5.5 miles of levee construction, 
170 acres of wetlands development and 1,179 acres of land preservation. 
The main objective of this project is to provide improved flood 
protection for the full length of the Trinity River Corridor in Dallas 
in a way that supports the achievement of environmental, recreational, 
mobility and economic development goals.
  Requesting Member: Congressman Pete Sessions
  Bill Number: H.R. 1105
  Account: Department of Energy, Office of Science
  Legal Name of Requesting Entity: Southern Methodist University
  Address of Requesting Entity: 6425 Boaz, Room 205, Dallas, Texas 
75275
  Description of Request: I received an earmark of $951,500 for the 
Advanced Parallel Processing Center (APPC) at Southern Methodist 
University. The Advanced Parallel Processing Center (APPC) is a ``super 
computer'' that will allow significant contribution in computationally 
intensive areas of research at SMU and other north Texas academic 
institutions. This center will allow the North Texas university 
community to access state of the art parallel computing resources. SMU 
is participating in the ATLAS experiment at the CERN Large Hadron 
Collider. The APPC will allow SMU to analyze the data collected from 
ATLAS. APPC will benefit the study of high energy physics, statistical 
modeling of functional MRI data collected from veterans suffering from 
Gulf War Syndrome, problems in cancer chemotherapy, logistics for the 
banking industry, network design for the telecommunications industry, 
and applications of energy conservation and nanotechnology. The United 
States must continue to lead the world in science research in order to 
remain globally competitive and to attract the best and the brightest 
scholars.
  Requesting Member: Congressman Pete Sessions
  Bill Number: H.R. 1105
  Account: Federal Highway Administration, TCSP
  Legal Name of Requesting Entity: City of Irving
  Address of Requesting Entity: 825 West Irving Blvd. Irving, Texas 
75060

[[Page 5825]]

  Description of Request: I received an earmark for $380,000 for the 
City of Irving's Irving Boulevard Corridor Enhancement Project, which 
includes Story Road and Irving Boulevard, Highway 356. The Corridor is 
in need of structural enhancements that include a bridge and the 
enclosure of an open drainage channel for pedestrian and vehicle 
traffic. These enhancements will reduce congestion and make multi-
functional use of space. The corridor is of critical importance to the 
region because it runs east to west and connects to the Dallas Fort 
Worth Airport.
  Requesting Member: Congressman Pete Sessions
  Bill Number: H.R. 1105
  Account: Department of Health and Human Services, Health Resources 
and Services Administration
  Legal Name of Requesting Entity: Southern Methodist University, 
Southwestern Consortium for Anti-Infectives and Virological Research
  Address of Requesting Entity: 6425 Boaz, Room 205, Dallas, TX 75275
  Description of Request: I received an earmark of $381,000 for 
Southern Methodist University who is teaming with several other Texas 
universities and medical centers to establish a premiere collaborative 
Center of Excellence that would unite leading regional HIV/AIDS and 
infectious disease researchers and clinical scientists for the 
development of new therapies against drug-resistant viral infections of 
high medical and socioeconomic importance. One of the goals of this 
consortium in developing new therapies against drug-resistant viral 
infections is to expand the role of viral-based gene therapy in modern 
molecular medicine for the treatment of terminal health disparities, 
such as malignant CNS tumors in children. The requested support would 
be to provide state-of-the-art infrastructure for NIH-supported 
research programs in the Southwest (TX-NM) with national and 
international collaborations.
  Requesting Member: Congressman Pete Sessions
  Bill Number: H.R. 1105
  Account: Department of Health and Human Services, National Institute 
of Health
  Legal Name of Requesting Entity: The University of Texas Systems, 
Brain Health and Repair Project
  Address of Requesting Entity: 2200 West Mockingbird Lane, Dallas TX 
75325
  Description of Request: I received an earmark of $381,000 for the 
Brain Health and Repair Project at the University of Texas at Dallas 
which involves a unique multi-disciplinary collaboration among a 
talented team of scientists with expertise ranging from cognitive 
neuroscience, neurology, biomedical engineering, brain imaging, to 
those advancing brain repair treatments. The Brain Health and Repair 
Project takes a comprehensive approach to address some of the most 
pressing public health issues related to brain health. New evidence 
from brain science reveals that more can be done to prevent and detect 
injuries, as well as to repair the brain than modem medicine thought 
possible only a few years ago. UT Dallas has the largest number of 
cognitive brain scientists in Texas with specific expertise focused on 
advancing sensitive measurements of lasting impact of Traumatic Brain 
Injury on cognition, social, and brain function and developing 
effective methods to repair the brain given appropriate type, levels 
and intensity of stimulation.

                          ____________________




                          MRS. IRENE DAY-COMER

                                 ______
                                 

                        HON. PETER J. VISCLOSKY

                               of indiana

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. VISCLOSKY. Madam Speaker, it is my distinct honor to take this 
time to remember one of Northwest Indiana's most talented and most 
admired citizens, Irene Day-Comer. An extraordinary soloist, Irene's 
serene vocals touched the hearts and lifted the spirits of countless 
residents of Northwest Indiana and beyond, and through her remarkable 
gift, she served her community in a way that very few people can. 
Unfortunately, Mrs. Day-Comer passed away on Monday, February 2, 2009, 
at the age of 86, but her music will forever remain in the hearts and 
spirits of those fortunate enough to have heard her sing.
  Born in the rural farming community of Marks, Mississippi, Irene's 
family, like many African American families at the time, fled the South 
in search of better opportunities in more industrialized areas of the 
country. After arriving in Northwest Indiana, Irene's family made their 
home in East Chicago, Indiana. Born into a family of deep spiritual 
faith and religious conviction, it was at Antioch Baptist Church in 
East Chicago where Mrs. Day-Comer's extraordinary gift and love for 
sacred music would emerge. At Antioch, she was a member of the Junior 
Red Circle and Baptist Training Circle and was active in various choirs 
and ensembles. During her younger years, Irene attended Columbus 
Elementary School and Washington High School, where she was a member of 
the highly esteemed Paul Robeson Glee Club. Encouraged by her mentor 
and pastor, the late Dr. Vincent McCutcheon, Mrs. Day-Comer went on to 
study at the Moody Bible Institute and the American Baptist Theological 
Seminary Extension in Chicago.
  By the age of eight years old, Irene's passion for music and 
unquestionable talent was already clear to those who heard her pristine 
voice. This passion would carry on to her adult life, where she would 
continue to serve her community through her songs of faith, hope, and 
inspiration. She gained acclaim from the likes of Oprah Winfrey, who 
heard her sing after speaking at Antioch in 1981. After this, Reverend 
McCutcheon and a group of local churches were able to raise enough 
funds for Irene and pianist, Marilyn Hairston, to record her historic 
debut album, Irene Day--He's Everywhere, in 1982. This outstanding 
compilation of sacred songs allowed even more people the joyous 
opportunity to hear her exceptional voice, and after being re-released 
in 2002 in the wake of the tragedy of September 11, an entirely new 
generation was introduced to her uplifting spirit.
  A woman whose life and talent spread far beyond the borders of 
Northwest Indiana, Mrs. Day-Comer received many accolades for her 
artistry and her service to the community. In 1982, Irene was honored 
by the City of East Chicago for her contributions to the community, and 
July 8 was proclaimed Irene Day Day. In 1985, she was recipient of the 
prestigious Monroe-Master Dedication Commission Award bestowed by the 
African Methodist Episcopal Church for her efforts to aid and inspire 
others. Irene was also honored nationally in 1982 following the release 
of her album with commendations from the Congressional Black Caucus, 
the late Congressman Adam Benjamin, Jr., Senator Richard Lugar, and 
former Vice President Dan Quayle.
  Madam Speaker, I respectfully ask that you and my other distinguished 
colleagues join me in honoring a great American artist and citizen, 
Mrs. Irene Day-Comer, for sharing her outstanding talents with the 
people of Indiana's First Congressional District and beyond. Irene Day-
Comer's remarkable gift brought joy and hope to all who listened to her 
songs, and I ask that you join me in remembering her today.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                            HON. BOB INGLIS

                           of south carolina

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. INGLIS. Madam Speaker, pursuant to the Republican leadership 
standards on earmarks, I am submitting the following information 
regarding earmarks I received as part of HR 1105, Omnibus 
Appropriations Act, 2009.
  Requesting Member: Congressman Bob Inglis
  Bill Number: HR 1105 FY2009 Omnibus Appropriations Act--Energy and 
Water--Department of Energy
  Account: Biomass and Biorefinery Systems R&D
  Legal Name of Requesting Entity: Clemson University
  Address of Requesting Entity: 209 Sikes Hall, Clemson, South Carolina 
29634
  Description of Request: The purpose of the request is to provide an 
earmark of $951,500 to the Clemson University Cellulosic Biofuel Plant 
project. Cellulosic ethanol comes from breaking down the lignin and 
hemi-cellulose shell in order to access plant sugars for fermentation 
into renewable fuel. It is estimated that cellulose conversion to 
ethanol can produce 800-1000 gallons of ethanol per acre (compared to 
416/acre for corn). Capturing 20% of the state's gasoline fuel market 
through bio-ethanol would build a $1Bn industry. In order to accomplish 
that goal, South Carolina must have the capacity to produce 700M 
gallons of ethanol/year. Based on recent studies of the economic impact 
of corn ethanol plans in the Midwest, 700M gal/year of bio-ethanol 
capacity could lead to $1.5Bn in capital investments, create 10,000 new 
jobs, add $2Bn to the local economy and increase local and state taxes 
by $20M. Approximately $50,000 (5%) will go towards site utilities/
grading; $680,000 (71%) will go towards building structure; and the 
remaining $228,000 (24%) will go towards process equipment, support 
utility systems and construction fees; with multiple funding sources in 
subsequent years completing the project.

[[Page 5826]]

  Requesting Member: Congressman Bob Inglis
  Bill Number: HR 1105 FY2009 Omnibus Appropriations Act--Energy and 
Water--Department of Energy
  Account: Science
  Legal Name of Requesting Entity: Clemson University
  Address of Requesting Entity: 209 Sikes Hall, Clemson, South Carolina 
29634
  Description of Request: The purpose of the request is to provide an 
earmark of $1,427,250 to The Clemson University Cyberinstitute (CUCI) 
project which will assist research universities around the State of 
South Carolina to perform scientific research in nanotechnology, 
bioinformatics/computational biology, environment/ecology and global 
climate change. The project links South Carolina to a nation-wide 
backbone of world-class university research, industry partners and 
cutting-edge technology entrepreneurs. CUCI will serve as a conduit for 
a virtual research campus that brings together cyber resources and 
strengths from each of South Carolina's research institutions, 
including Clemson University, the Medical University of South Carolina, 
and the University of South Carolina. Approximately $250,000 (18%) will 
go towards network connectivity; $200,000 (14%) will go towards network 
redundancy, $250,000 (18%) will go towards high performance computing, 
$250,000 (18%) will go towards data storage, $200,000 (14%) will go 
towards visualization resources and $250,000 (18%) for personnel 
management support, with multiple funding sources in subsequent years 
completing the project.
  Requesting Member: Congressman Bob Inglis
  Bill Number: HR 1105 FY2009 Omnibus Appropriations Act--Financial 
Services and General Government--Small Business Administration
  Account: Salaries and Expenses
  Legal Name of Requesting Entity: City of Union, Mayor Bruce Morgan
  Address of Requesting Entity: 101 Sharpe Avenue, Union, South 
Carolina 29379
  Description of Request: The purpose of the request is to provide an 
earmark of $100,000 to build a facility for world-class robotics 
training that would serve manufacturing facilities in the surrounding 
counties. The project will provide significant technical training in a 
state, local and private partnership to meet the needs of an existing 
and growing robotics industry. It is a critical focus in an 
economically distressed area to diversify from a shrinking textile 
employment toward higher paying, higher skilled technical jobs. The 
facility would offer specific training (hydraulics, pneumatics, 
electronics, robotic software and diagnostics) for the automotive, 
aerospace, rail, and super precision industries. The building will be 
divided between Union County, the University of South Carolina-Union, 
and Spartanburg Community College for the specific programs. The entire 
amount will go towards laboratory equipment for training purposes.
  Requesting Member: Congressman Bob Inglis
  Bill Number: HR 1105 FY2009 Omnibus Appropriations Act--Interior and 
Environment--U.S. Forest Service
  Account: Capital Improvement and Maintenance (construction)
  Legal Name of Requesting Entity: U.S. Forest Service, Sumter National 
Forest
  Address of Requesting Entity: 3557 Whitmire Highway, Union, South 
Carolina 29379
  Description of Request: The purpose of the request is to provide an 
earmark of $250,000 to improve multi-use access to Sumter National 
Forest resources according to the Forest Service adaptive management 
plan. The U.S. Forest Service will repair and upgrade facilities along 
the Broad, Tyger and Enoree Rivers in Union County, SC and improve 
signage and mapping to allow better access for visitors. Approximately 
$20,000 (8%) will go towards finalizing the adaptive waterways/river 
management strategy; $100,000 (40%) will go towards a river feasibility 
study; $10,000 (4%) will go towards Enoree & Tyger River trail 
maintenance; $20,000 (8%) will go towards stabilizing erosion problems 
occurring at access points; $40,000 (16%) will go towards river maps 
and signage; $10,000 (4%) will go towards closing off illegal river 
access areas; and $50,000 (20%) will go towards constructing a jetty to 
prevent silt deposits.
  Requesting Member: Congressman Bob Inglis
  Bill Number: HR 1105 FY2009 Omnibus Appropriations Act--State, 
Foreign Operations
  Account: Global Health and Child Survival
  Legal Name of Requesting Entity: Christian Blind Mission 
International
  Address of Requesting Entity: 450 E Park Avenue, Greenville, South 
Carolina 29601
  Description of Request: Of the funding provided for vulnerable 
children, $2,000,000 is provided for child blindness programs. USAID 
should consider the work of Christian Blind Mission (CBM) which acts 
upon the needs and rights of people with disabilities; 18 million 
people worldwide benefit from CBM's support. 1.5 million children are 
currently blind, and another 7 million suffer from poor vision. CBM's 
eye care programs focus on four preventable and reversible sources of 
blindness: cataract, river blindness, vitamin A deficiency and 
trachoma.
  Requesting Member: Congressman Bob Inglis
  Bill Number: HR 1105 FY2009 Omnibus Appropriations Act--
Transportation, HUD
  Account: Interstate Maintenance Discretionary
  Legal Name of Requesting Entity: South Carolina Department of 
Transportation
  Address of Requesting Entity: 955 Park Street Suite 341, Columbia, 
South Carolina 29202
  Description of Request: The purpose of the request is to provide an 
earmark of $475,000 to the statewide Interstate Rehabilitation Program 
which is in need of funding for the main thoroughfares across the 
state. Funding would allow interstates to be preserved, reconstructed, 
or rehabilitated. These routes are ranked in priority order based on 
daily traffic (ADT) volumes, length of the project, and the condition 
of the road (PQI rating). Approximately $190,000 (40%) will go towards 
interstate maintenance projects located in Greenville county, $285,000 
(60%) will go towards interstate maintenance projects located in 
Spartanburg county.
  Requesting Member: Congressman Bob Inglis
  Bill Number: HR 1105 FY2009 Omnibus Appropriations Act--
Transportation, HUD
  Account: Transportation & Community & System Preservation
  Legal Name of Requesting Entity: South Carolina Department of 
Transportation
  Address of Requesting Entity: 955 Park Street Suite 341, Columbia, 
South Carolina 29202
  Description of Request: The purpose of the request is to provide an 
earmark of $285,000 to the SC 9 Interchange Improvements in 
Spartanburg, SC project which will include the widening of 4.3 miles of 
SC 9 from the existing two to three lane ditch section to a five lane 
curb and gutter sections. This also includes pedestrian and bicycle 
facilities and enhancements. The entire amount will go towards Right of 
Way acquisition.
  Requesting Member: Congressman Bob Inglis
  Bill Number: HR 1105 FY2009 Omnibus Appropriations Act--
Transportation, HUD
  Account: Transportation & Community & System Preservation
  Legal Name of Requesting Entity: South Carolina Department of 
Transportation
  Address of Requesting Entity: 955 Park Street Suite 341, Columbia, 
South Carolina 29202
  Description of Request: The purpose of the request is to provide an 
earmark of $95,000 to the Salter's Road expansion project which will 
widen Salter's Road from Verdae Boulevard over I-85 to Millennium 
Drive, and provide the necessary infrastructure support for the ICAR/
Millennium Park and Verdae developments. This area is becoming a 
growing business and commercial nucleus for the Upstate of South 
Carolina, requiring more adequate transportation and infrastructure. 
This project is listed as a top priority on the approved Greensville-
Pickens Area Transportation Study Long Range Transportation Improvement 
Plan. The entire amount will go towards the development of final 
construction plans, and environmental requirements.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                             HON. TOM COLE

                              of oklahoma

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. COLE. 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, FY2009 Omnibus Appropriations 
Act:
  Requesting Member: Congressman Tom Cole
  Bill Number: H.R. 1105
  Account: Higher Education (Includes FIPSE)
  Legal Name of Requesting Entity: East Central University
  Address of Requesting Entity: 1100 East 14th Street; Ada Oklahoma 
74820
  Description of Request: Provide an addition of $476,000 for 
curriculum development at the Economic Development Training and 
Education Center, including purchase of equipment. Of the $476,000, 15% 
will be used for

[[Page 5827]]

curriculum development supplies, 20% will be used for personnel, and 
65% for equipment and classroom needs.
  Requesting Member: Congressman Tom Cole
  Bill Number: H.R. 1105
  Account: Higher Education (Includes FIPSE)
  Legal Name of Requesting Entity: Mid-America Christian University
  Address of Requesting Entity: 3500 West 119th Street; Oklahoma City, 
OK 73170
  Description of Request: Provide an addition of $285,000 for a teacher 
training initiative at Mid-America Christian University. Of the 
$285,000, 9.5% will be used for program coordination, 43% will be used 
for personnel (faculty), 28% will be used for student support services, 
10.5% will be used for curriculum development/accelerated, and 9% for 
alternative certification development.
  Requesting Member: Congressman Tom Cole
  Bill Number: H.R. 1105
  Account: Health, Resources and Services Administration (HRSA)--Health 
Facilities and Services
  Legal Name of Requesting Entity: Norman Regional Health System
  Address of Requesting Entity: 901 North Porter Street; Norman, OK 
73071
  Description of Request: Provide an addition of $381,000 for an 
electronic medical records initiative. Of the $381,000, $181,000 will 
be used for data set expansion and labor and data mining conversion, 
$66,000 for physician connection (hardware, software and training), 
$135,000 hospital interfaces.
  Requesting Member: Congressman Tom Cole
  Bill Number: H.R. 1105
  Account: Museums and Libraries
  Legal Name of Requesting Entity: Native American Cultural & 
Educational Authority
  Address of Requesting Entity: 900 North Stiles Avenue; Oklahoma City, 
OK 73104
  Description of Request: Provide an addition of $285,000 to develop 
educational and cultural exhibits. Of the $285,000, 20% will be used 
for wayfinding, identity and graphics, 60% will be used for content 
development and exhibition design development, and 20% will be used for 
educational program development.
  Requesting Member: Congressman Tom Cole
  Bill Number: H.R. 1105
  Account: COPS Law Enforcement Technology
  Legal Name of Requesting Entity: ``Oklahoma Department of Safety''
  Address of Requesting Entity: PO Box 11415 Oklahoma City, OK USA
  Description of Request: Provide an addition of $200,000 to replace 
the state's aging communication system and to provide comprehensive 
radio and data communications capabilities for all emergency response 
agency units in Oklahoma. Out of this $200,000, the amount of $150,000 
[75% of the total] will be used for the replacement of a 800 MHz base 
station and associated repeater equipment at a major transmission site 
in Chickasha, OK which is ten years old and is now frequently failing, 
creating a safety issue for the public safety personnel that depend on 
that location. Additionally, the amount of $50,000 [25% of the total] 
will be used to replace and upgrade a dispatcher console in Muskogee, 
OK in order that it can handle low band and 800 MHz radio frequencies. 
The current communications capabilities of the Oklahoma Highway Patrol 
and other law enforcement agencies are inadequate, unsafe, and 
antiquated. Deployment of this communications system will patch 
geographical gaps in the state, link all the types of the first 
responders and support personnel and enable Oklahoma state and local 
public safety agencies to quickly transmit critical information on 
potential threats. A statewide 800-megahertz communications system was 
approved in 1982 but has never been completed due to budget 
constraints.
  Requesting Member: Congressman Tom Cole
  Bill Number: H.R. 1105
  Legal Name of Requesting Entity: ``The University of Oklahoma''
  Address of Requesting Entity: 100 E. Boyd St, Room 1110, Norman, OK 
73019 USA
  Description of Request: Provide an addition of $350,000 to support 
research and development of phased array weather radar technology using 
the National Weather Radar Testbed, which is operated by the National 
Severe Storms Labs in Norman, OK. Approximately, $100,000 is for dual-
polarimetric phased array studies; $150,000 is for adaptive algorithm 
development; $100,000 is for rapid scanning optimization. The Phased 
Array Radar Research, with its multi-function applications will allow 
potential savings to the taxpayer of $2 billion in acquisition costs 
and an additional $3 billion in operations and maintenance costs over a 
30-year period by utilizing one multi-function radar network that can 
provide the same coverage available today from several weather and 
aircraft surveillance networks, but with 40% fewer radars.
  Requesting Member: Congressman Tom Cole
  Bill Number: H.R. 1105
  Account: COPS Law Enforcement Technology
  Legal Name of Requesting Entity: ``City of Norman, Oklahoma''
  Address of Requesting Entity: 201 West Gray, PO Box 370, Norman OK 
USA
  Description of Request: Provide an addition of $150,000 to replace 
the state's current networking system for Computer Aided Dispatch, 
record management, mobile data access, mapping, and other software 
tools critical to disaster response. All $150,000 would be used to 
replace the Computer Aided Dispatch System (CAD). This replacement 
project includes the needed software, conversion of data, and training 
necessary to operate the new system. This system is needed to decrease 
response times and increase interoperable data sharing between local, 
state, and federal public safety responders. The City's present system 
does not provide effective integration of these services and causes 
critical delays in disaster response. The City of Norman will provide a 
minimum of a 50/50 cost share and this funding will come directly from 
the City.
  Requesting Member: Congressman Tom Cole
  Bill Number: H.R. 1105
  Account: Army Core of Engineers, Investigations
  Legal Name of Requesting Entity: U.S. Army Core of Engineers, Tulsa 
District
  Address of Requesting Entity: 1645 S. 101 E. Avenue Tulsa, OK 74128
  Description of Request: Provide an addition of $311,000, of which 
100% of the appropriated funds will be used to conduct a multi-year 
study that identifies solutions to water resources problems with the 
study area, including a systems approach to collaboratively develop 
pertinent existing, forecasted and strategic information for the 
Oklahoma Comprehensive Water Plan.
  Requesting Member: Congressman Tom Cole
  Bill Number: H.R. 1105
  Account: Army Core of Engineers, Investigations
  Legal Name of Requesting Entity: Oklahoma Water Resources Board
  Address of Requesting Entity: 3801 N. Classen Blvd, Oklahoma City, OK 
73118
  Description of Request: Provide an addition of $191,000, of which 
100% of the appropriated funds will be used for feasibility level 
studies to solve the water resource problems within the study area 
(including systems approach to collaboratively develop a Washita River 
Watershed management Plan that provides pertinent existing, forecasted, 
and strategic information) for the Oklahoma Comprehensive Water Plan 
(OCWP). The Oklahoma Water Resources Board is the non-Federal sponsor. 
Also collaborating on this effort are the Oklahoma Water Resources 
Research Institute, U.S. Geological Survey, U.S. Bureau of Reclamation, 
U.S. Fish and Wildlife Service, Natural Resources Conservation Service 
and other stakeholders. Output will be a Watershed Management Plan 
which becomes an integral part of the Oklahoma Comprehensive Water 
Plan.
  Requesting Member: Congressman Tom Cole
  Bill Number: H.R. 1105
  Account: Army Core of Engineers, O & M
  Legal Name of Requesting Entity: U.S. Army Core of Engineers, Tulsa 
District
  Address of Requesting Entity: 1645 S. 101 E. Avenue Tulsa, OK 74128
  Description of Request: Provide an addition of $6,164,000 for Denison 
Dam which will be executed in the following way: 57% Recreation--Park 
Rangers, operating the recreation sites, general service items likes 
cutting grass, trash pick-up; 26% Flood Risk Management for maintaining 
the dam and outlet structures, for engineers to determine daily flows 
through the dam for hydropower, and managing the lake levels during 
high water levels, 17% Environmental Stewardship--for land management 
of the Federal property around the lake for ecosystem enhancement.
  Requesting Member: Congressman Tom Cole
  Bill Number: H.R. 1105
  Account: Army Core of Engineers, O & M
  Legal Name of Requesting Entity: U.S. Army Core of Engineers, Tulsa 
District
  Address of Requesting Entity: 1645 S. 101 E. Avenue Tulsa, OK 74128
  Description of Request: Provide an addition of $1,014,000 for Waurika 
Lake to be used in

[[Page 5828]]

the following way: 55% Recreation--Park Rangers, operating the 
recreation sites, general service items likes cutting grass, trash 
pick-up; 35% Flood Risk Management for maintaining the dam and outlet 
structures, for engineers to determine daily flows through the dam for 
hydropower, and managing the lake levels during high water levels; 10% 
Environmental Stewardship for land management of the Federal property 
around the lake for ecosystem enhancement.
  Requesting Member: Congressman Tom Cole 
  Bill Number: H.R. 1105
  Account: Bureau of Reclamation, Water & Related Resources
  Legal Name of Requesting Entity: Oklahoma Water Resources Board
  Address of Requesting Entity: 3801 N. Classen Blvd, Oklahoma City, OK 
73118
  Description of Request: Provide an addition of $65,000 of which 100% 
will be used to assist the State of Oklahoma in updating the Oklahoma 
State Comprehensive Water Plan, including water management planning, 
implementation of conservation measures, acquisition of hydrologic 
data, modernization of the OWRB database management system and other 
water plan related projects.
  Requesting Member: Congressman Tom Cole
  Bill Number: H.R. 1105
  Account: EPA, State and Tribal Assistance Grants, Infrastructure 
Grants
  Legal Name of Requesting Entity: ``Ada Public Works Authority''
  Address of Requesting Entity: 231 S. Townsend, Ada, OK, 74820
  Description of Request: Provide an addition of $500,000. Consistent 
with 33 U.S.C. 1301 and project authorization by Congress in P.L. 110-
114, I received an addition of $500,000 to help replace a failing 
wastewater lift station to meet the requirements of a new Indian 
Hospital and local business and residential expansion. Specifically, 
$350,000 will be used to purchase lift station equipment and $150,000 
will be used to improve the grit removal process at the treatment 
plant. This represents 26 percent of total project costs with 74 
percent to be provided by local, state and tribal funds.
  Requesting Member: Congressman Tom Cole
  Bill Number: H.R. 1105
  Account: Department of Transportation, Surface Transportation 
Priorities
  Legal Name of Requesting Entity: Lawton Ft. Sill Chamber of Commerce 
and Industry
  Address of Requesting Entity: 629 SW C Avenue, Suite A, Lawton OK 
73501
  Description of Request: Provide an addition of $95,000 of which 100% 
of the appropriated dollars for the Lawton Downtown Revitalization will 
be used for historic preservation.
  Requesting Member: Congressman Tom Cole
  Bill Number: H.R. 1105
  Account: Department of Transportation, Surface Transportation 
Priorities
  Legal Name of Requesting Entity: City of Midwest City, Oklahoma
  Address of Requesting Entity: 100 N. Midwest Blvd., Midwest City, OK 
73110
  Description of Request: Provide an addition of $450,000 of which 53% 
will be used to construct masonry welcome signage and landscaping along 
Interstate 40 through Midwest City, 47% of the appropriation will be 
used for the replacement of a 17,231 foot deteriorating chain link 
fence in Midwest City.
  Requesting Member: Congressman Tom Cole
  Bill Number: H.R. 1105
  Account: Department of Housing and Urban Development, Economic 
Development Initiatives
  Legal Name of Requesting Entity: Ada Public Works Authority
  Address of Requesting Entity: 231 S. Townsend, Ada, OK 74820
  Description of Request: Provide an addition of $190,000. Consistent 
with 33 USC 1301 and project authorization by Congress in P.L. 110-114, 
I received an addition of $190,000 to construct a water tower to 
satisfy fire flow requirements and improve business opportunities in 
this community with a poverty rate 5 percent higher than the national 
average. Specifically, $190,000 will be used for construction of the 
water tower. This represents less than 10 percent of total project 
costs with a cumulative non-federal match of 78 percent.
  Requesting Member: Congressman Tom Cole
  Bill Number: H.R. 1105
  Account: Department of Housing and Urban Development, Economic 
Development Initiatives
  Legal Name of Requesting Entity: Ardmore Development Authority
  Address of Requesting Entity: 410 West Main, Ardmore, OK, 73401
  Description of Request: Provide an addition of $190,000. Consistent 
with 33 USC 1301 and project authorization by Congress in P.L. 110-114, 
I received an addition of $190,000 for infrastructure improvements 
necessary to develop the Ardmore Technology Park and improve business 
opportunities in this community with a poverty rate 4 percent higher 
than the national average. Specifically, $190,000 will be used to 
install an 8-inch water main, 10-inch sewer line, and 7 manholes. This 
represents less than 10 percent of total Ardmore Technology Park 
construction costs with a non-federal match in excess of 90 percent.
  Requesting Member: Congressman Tom Cole
  Bill Number: H.R. 1105
  Account: Department of Energy, EERE
  Legal Name of Requesting Entity: University of Oklahoma, College of 
Engineering
  Address of Requesting Entity: 202 W. Boyd St., Room 107, Norman OK 
73019
  Description of Request: I obtained an addition of $713,625 to be used 
as follows: approximately $170,615 for catalyst synthesis, 
characterization and activity measurement for conversion of pyrolysis 
oil intermediates into fungible fuel compounds; $110,000 for studies of 
emulsion processing for energy-efficient and selective conversion of 
pyrolysis oil and/or solvolysis oil fractions; $105,000 for pyrolysis/
fractionation of switchgrass and other lignocellulosic materials; 
$93,000 for catalyst synthesis, characterization and activity 
measurement for conversion of algae- or vegetable oil-based fatty acid 
methyl esters to fungible fuels and chemicals; $60,000 for development 
of quantitative structure-property relationships to enable prediction 
of fuel properties for biomass-based components and mixtures; $175,000 
for combustion and engine studies to characterize new biomass-based 
fuel components and blends.
  Requesting Member: Congressman Tom Cole
  Bill Number: H.R. 1105
  Account: Department of Energy, Science
  Legal Name of Requesting Entity: University of Oklahoma
  Address of Requesting Entity: 660 Parrington Oval, Norman OK 73019
  Description of Request: I obtained an addition of $951,500 to be used 
as follows: approximately $131,500 for production of single-walled 
carbon nanotubes meeting quality and quantity requirements of projects; 
$490,000 for studies, analysis and characterization testing of 
properties for priority applications; $105,000 for photodynamic cancer 
therapies; $120,000 for enzymatic biofuels cells; $105,000 for 
fundamental studies of applications in polymers.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                          HON. FRANK D. LUCAS

                              of oklahoma

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. LUCAS. Madam Speaker, pursuant to the Republican Leadership 
standards on earmarks, I am submitting the following information 
regarding earmarks I received as part of FY 2009 Omnibus.
  Requesting Member: Congressman Frank D. Lucas
  Bill Number: FY 2009 Omnibus
  Account: Cooperative State Research Education and Extension Service, 
Research and Education
  Legal Name of Requesting Entity: Oklahoma State University
  Address of Requesting Entity: 101 Whitehurst, Stillwater, Oklahoma, 
USA
  Description of Request: I have received $209,000 for the Pilot 
Technology Transfer project. This funding will be used to provide 
technology transfer services and engineering assistance to small, rural 
manufacturers with the goal of improving their profitability and 
enhancing the economy in rural communities.
  Requesting Member: Congressman Frank D. Lucas
  Bill Number: FY 2009 Omnibus
  Account: Cooperative State Research Education and Extension Service, 
Research and Education
  Legal Name of Requesting Entity: Oklahoma State University
  Address of Requesting Entity: 101 Whitehurst, Stillwater, Oklahoma, 
USA
  Description of Request: I have received $274,000 for the Animal Waste 
Management project. This funding will be used to develop sustainable, 
environmentally safe, and ecologically healthy animal waste management 
practices in semiarid ecosystems that contribute to economic 
development in rural communities.
  Requesting Member: Congressman Frank D. Lucas
  Bill Number: FY 2009 Omnibus

[[Page 5829]]

  Account: Cooperative State Research Education and Extension Service, 
Research and Education
  Legal Name of Requesting Entity: Oklahoma State University
  Address of Requesting Entity: 101 Whitehurst, Stillwater, Oklahoma, 
USA
  Description of Request: I have received $839,000 for the Biomass-
based Energy Research project. This funding will be used to find and 
alternative to traditional fuel sources, and to enhance rural economic 
development through the use of plant materials. A consortium of three 
universities (Oklahoma State University, Oklahoma University, and 
Mississippi State University) is working to refine and commercialize a 
unique gasification-fermentation process utilizing biomass to produce 
liquid fuel.
  Requesting Member: Congressman Frank D. Lucas
  Bill Number: FY 2009 Omnibus
  Account: Cooperative State Research Education and Extension Service, 
Research and Education
  Legal Name of Requesting Entity: Oklahoma State University
  Address of Requesting Entity: 101 Whitehurst, Stillwater, Oklahoma, 
USA
  Description of Request: I have received $223,000 for the Expanded 
Wheat Pasture project. This funding will be used to develop science and 
technologies, uniquely adapted wheat varieties, decision-support 
economic models, and extension education programs to increase 
profitability of the many dual-purpose wheat enterprises.
  Requesting Member: Congressman Frank D. Lucas
  Bill Number: FY 2009 Omnibus
  Account: Cooperative State Research Education and Extension Service, 
Research and Education
  Legal Name of Requesting Entity: Oklahoma State University
  Address of Requesting Entity: 101 Whitehurst, Stillwater, Oklahoma, 
USA
  Description of Request: I have received $382,000 for the Food Safety 
project. This funding will be used to conduct research and testing to 
develop rapid and efficient methods for detecting and controlling food 
borne pathogens throughout the food chain from point of origin to 
consumption.
  Requesting Member: Congressman Frank D. Lucas
  Bill Number: FY 2009 Omnibus
  Account: Cooperative State Research Education and Extension Service, 
Research and Education
  Legal Name of Requesting Entity: Oklahoma State University
  Address of Requesting Entity: 101 Whitehurst, Stillwater, Oklahoma, 
USA
  Description of Request: I have received $177,000 for the Integrated 
Production Systems project. This funding will be used to conduct 
research to develop and refine crop management techniques that enable 
environmentally sound and economically feasible production of 
alternative crops that will best utilize natural resources as they 
produce organically grown vegetable crops and crops for the bio-fuel 
industry.
  Requesting Member: Congressman Frank D. Lucas
  Bill Number: FY 2009 Omnibus
  Account: Cooperative State Research Education and Extension Service, 
Research and Education
  Legal Name of Requesting Entity: Oklahoma State University
  Address of Requesting Entity: 101 Whitehurst, Stillwater, Oklahoma, 
USA
  Description of Request: I have received $174,000 for the Preservation 
and Processing Research project. This funding will be used to emphasize 
research, development and implementation of integrated cropping, 
harvesting, storage and processing systems to facilitate new crop 
endeavors and assist new business development, to maintain and improve 
profitability for horticulture.
  Requesting Member: Congressman Frank D. Lucas
  Bill Number: FY 2009 Omnibus
  Account: Corps of Engineers, MRT-Construction
  Legal Name of Requesting Entity: Corps of Engineers
  Address of Requesting Entity: 441 G Street, NW, Washington, District 
of Columbia, USA
  Description of Request: I received $2,201,000 for the Red River 
Chloride Control Project. The project is designed to control natural 
chloride brine emissions as three major source areas to improve water 
quality for municipal, industrial, and agricultural use. This funding 
will be used in area VI to implement structural measures to improve the 
quality of water in the Red River Basin in and above Lake Texoma. Area 
VI is located on the Elm Fork of the North Fork of the Red River in 
Harmon County, OK.
  Requesting Member: Congressman Frank D. Lucas
  Bill Number: FY 2009 Omnibus
  Account: Department of Energy, EERE--Biomass and Biorefinery System 
R&D.
  Legal Name of Requesting Entity: Oklahoma State University
  Address of Requesting Entity: 101 Whitehurst, Stillwater, Oklahoma, 
USA
  Description of Request: I received $285,450 for the Alternative Crops 
and Biofuel Production project. This funding will be used to further 
research the economic feasibility and logistics of processing 
agriculture commodities and animal fats into biofuel.
  Requesting Member: Congressman Frank D. Lucas
  Bill Number: FY 2009 Omnibus-
  Account: COPS Law Enforcement Technology
  Legal Name of Requesting Entity: Beckham County Sheriff's Department
  Address of Requesting Entity: 108 S. 3rd St, Sayre, Oklahoma, USA
  Description of Request: I received $500,000 for the Western Oklahoma 
Law Enforcement Alliance. This request is to purchase and implement a 
wireless mobile data network in Beckham, Roger Mills, and Washita 
counties. It will provide for in car computers and other necessary 
hardware. This project fits within the core mission of the COPS program 
to acquire and deploy cutting-edge crime-fighting technologies and 
develop and test innovative policing strategies.
  Requesting Member: Congressman Frank D. Lucas
  Bill Number: FY 2009 Omnibus
  Account: Higher Education (includes FIPSE)
  Legal Name of Requesting Entity: Western Oklahoma State College
  Address of Requesting Entity: 2801 North Main Street, Altus, 
Oklahoma, USA
  Description of Requesting Entity: I received $190,000 for Western 
Oklahoma State College for equipment upgrades in nursing skills labs 
and the radiologic technology labs at the college. This request is 
specifically for the following equipment; the METI Human Patient 
Simulator/METI Man, the Laredal SimMan, and the Kodak CR 500 system.
  Requesting Member: Congressman Frank D. Lucas
  Bill Number: FY 2009 Omnibus
  Account: Health Resources and Services Administration (HRSA)--Health 
Facilities and Services
  Legal Name of Requesting Entity: Oklahoma State University Center for 
Health Sciences
  Address of Requesting Entity: 1111 West 17th Street, Tulsa, Oklahoma, 
USA
  Description of Requesting Entity: I received $333,000 for equipment 
for Oklahoma State Electronic Health Information, Telemedicine, and 
Distance Learning Network. This request will be used to develop and 
operate a health information network that includes telemedicine/
distance learning and electronic medical records system to improve 
access to health care for rural Oklahoma and other medically 
underserved people throughout the state.
  Requesting Member: Congressman Frank D. Lucas
  Bill Number: FY 2009 Omnibus
  Account: Health Resources and Services Administration (HRSA)--Health 
Facilities and Services
  Legal Name of Requesting Entity: Oklahoma State University Center for 
Health Sciences
  Address of Requesting Entity: 1111 West 17th Street, Tulsa, Oklahoma, 
USA
  Description of Requesting Entity: I received $285,000 for equipment 
for a Oklahoma State Mobile Clinic and Medical Response System. The 
request will be used to construct and operate a a mobile health clinic 
system that improves access to health care in rural Oklahoma and for 
deployment in the case of a regional or national disaster requiring 
medical interventions.
  Requesting Member: Congressman Frank D. Lucas
  Bill Number: FY 2009 Omnibus
  Account: TCSP--Transportation & Community & System Preservation
  Legal Name of Requesting Entity: City of Altus
  Address of Requesting Entity: 300 East Commerce, Altus, Oklahoma, USA
  Description of Request: I received $427,500 to extend this project 
from Park Lane to Veterans Drive, which is directly opposite the main 
entrance to Altus Air Force Base.
  Requesting Member: Congressman Frank D. Lucas
  Bill Number: FY 2009 Omnibus
  Account: HUD--Economic Development Initiatives (EDI)
  Legal Name of Requesting Entity: Woodward Industrial Foundation
  Address of Requesting Entity: 1006 Oklahoma Avenue, Woodward, 
Oklahoma, USA

[[Page 5830]]

  Description of Request: I received $190,000 for the Woodward 
Community Campus to construct a campus style, multi-purpose conference 
center in Woodward, OK.
  Requesting Member: Congressman Frank D. Lucas
  Bill Number: FY 2009 Omnibus
  Account: HUD--Economic Development Initiatives (EDI)
  Legal Name of Requesting Entity: City of Piedmont
  Address of Requesting Entity: 314 Edmond Rd. NW, Piedmont, Oklahoma, 
USA
  Description of Request: I received $95,000 for the development of 
Piedmont's comprehensive Community development planning process.
  Requesting Member: Congressman Frank D. Lucas
  Bill Number: FY 2009 Omnibus
  Account: HUD--Economic Development Initiatives (EDI)
  Legal Name of Requesting Entity: Redlands Community College
  Address of Requesting Entity: 1300 S. Country Club Road, El Reno, 
Oklahoma, USA
  Description of Request: I received $95,000 for the Darlington 
Conference Center and Royse Ranch. The request is for renovation, 
remodeling, and new construction projects at the Darlington Center. It 
is my understanding that the Oklahoma State Regents for Higher 
Education have provided $270,000 and will provide a match.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                          HON. SPENCER BACHUS

                               of alabama

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. BACHUS. Madam Speaker, pursuant to the Republican Leadership 
standards on earmarks, I am submitting the following information 
regarding funding that I requested as part of the FY 2009 Omnibus.
  Requesting Member: Congressman Spencer Bachus
  Bill Number: FY 2009 Omnibus
  Account: Department of Justice, Office of Justice Programs, Community 
Oriented Policing Services (COPS) Technology Grants
  Legal Name of Requesting Entity: Jefferson County Sheriff's 
Department
  Address of Requesting Entity: 2200 8th Ave North, Birmingham, AL 
35203
  Description of Request: Provide $200,000 to continue the Records 
Management Systems upgrade for the Jefferson County Sheriff's 
Department. The upgrade will update equipment in patrol cars so that 
they have the ability to remotely access criminal and vice databases, 
quickly check criminal records and outstanding warrants and submit 
reports from remote locations. The project's total budget is $500,000. 
Specifically within the budget, $250,000 will go toward the final 
completion of Records Managements System (RMS) and JMS system which 
includes the purchase of remaining software licenses as needed and 
training on the new system, $100,000 toward criminal and vice case 
management software modules, and $150,000 toward remaining Mobile Data 
Terminal (MDT) units for patrol cars. This request is consistent with 
the intended and authorized purpose of the Department of Justice, 
Office of Justice Programs, Community Oriented Policing Services (COPS) 
Technology Grants account. The Jefferson County Sheriff's Department 
will meet or exceed all statutory requirements for match funding where 
applicable.
  Requesting Member: Congressman Spencer Bachus
  Bill Number: FY 2009 Omnibus
  Account: Department of Justice, Office of Justice Programs, Community 
Oriented Policing Services (COPS) Law Enforcement Technology Upgrades
  Legal Name of Requesting Entity: City of Leeds
  Address of Requesting Entity: 3873 First Ave, Leeds, AL 35094
  Description of Request: Provide $100,000 to update the communication 
technology within the police department in Leeds, Alabama. The funding 
will go toward the acquisition of the Computer-Aided Dispatch (CAD) and 
electronic Records Management Systems (RMS) software; installation, 
management and training necessary to start the program; and 1-year 
support for CAD, Application Management System (AMS), and Dispatch Map 
Interface as well as RMS fees and licenses. The project's total budget 
is $102,516. Specifically within the budget, $49,800 for CAD software, 
$21,232 for RMS software, $11,226 for CAD installation, training and 
management, $7,108 for RMS installation, training and management, 
$9,450 for CAD 1-year support, and $3,700 for RMS 1-year support. This 
request is consistent with the intended and authorized purpose of the 
Department of Justice, Office of Justice Programs, Community Oriented 
Policing Services Law Enforcement Technology Upgrades account. The City 
of Leeds will meet or exceed all statutory requirements for matching 
funds where applicable.
  Requesting Member: Congressman Spencer Bachus
  Bill Number: FY 2009 Omnibus
  Account: Department of Justice, Office of Justice Programs, Byrne 
Discretionary Funds
  Legal Name of Requesting Entity: Jefferson County Commission
  Address of Requesting Entity: 716 Richard Arrington Jr Blvd North, 
Suite 220, Birmingham AL 35203
  Description of Request: Provide $300,000 for communication equipment 
for the Combined E-911 Communications Center to be constructed in 
Jefferson County. The Combined E-911 Communications Center will be a 
shared facility housing both 9-1-1/dispatch and emergency management 
operations and will provide both functions with state of the art 
communications equipment and infrastructures, as well as improve the 
opportunities for inter-jurisdictional cooperation and coordination. 
The Jefferson County Combined E-911 Communications Center will serve 
over 16 municipalities throughout Jefferson County with others joining 
once the center is operational. The Center will handle over 2.5 million 
emergency and non-emergency calls annually by a combined staff of 250 
emergency communications and emergency management personnel located in 
the same facility. The provided funding will go toward the purchase of 
communication equipment. The project's total budget is $23.45 million. 
Specifically within the budget, $750,000 for land acquisition provided 
by the county, $2.45 million for design and engineering costs, $12.25 
million for construction of the center, and $8.0 million for 
communications equipment and training. This request is consistent with 
the intended and authorized purpose of the Department of Justice, 
Office of Justice Programs, Byrne Discretionary Funds account. The 
Jefferson County Commission will meet or exceed all statutory 
requirements for matching funds where applicable.
  Requesting Member: Congressman Spencer Bachus
  Bill Number: FY 2009 Omnibus
  Account: Department of Justice, Office of Justice Programs, Byrne 
Discretionary Grants
  Legal Name of Requesting Entity: Jefferson State Community College
  Address of Requesting Entity: 4600 Valleydale Road, Birmingham, AL 
35242
  Description of Request: Provide $100,000 for campus safety 
improvements to all five campuses within the Jefferson State Community 
College system. The funding will go toward a video surveillance network 
coupled with a central monitoring station that is staffed 24 hours a 
day, seven days a week. The project's total budget is $500,000. 
Specifically within the budget, $250,000 will go toward equipment and 
the other $250,000 is for personnel and consulting for the monitoring 
and surveillance system. This request is consistent with the intended 
and authorized purpose of the Department of Justice, Office of Justice 
Programs, Byrne Discretionary Funds account. Jefferson State Community 
College will meet or exceed all statutory requirements for match 
funding where applicable.
  Requesting Member: Congressman Spencer Bachus
  Bill Number: FY 2009 Omnibus
  Account: Environmental Protection Agency (EPA), State and Tribal 
Grant Program (STAG) Water and Wastewater Infrastructure Project
  Legal Name of Requesting Entity: St. Clair County Commission
  Address of Requesting Entity: 165 5th Ave, Suite 100, Asheville, AL 
35953
  Description of Request: Provide $224,000 to extend water service to 
an area of St. Clair County known as Baker Mountain Road. The project's 
total budget is $406,200. Specifically within the budget, $348,000 will 
go toward equipment and construction, $28,600 for engineering, and 
$29,600 would go toward observation, permits, surveying, and other 
fees. This request is consistent with the intended and authorized 
purpose of the Environmental Protection Agency, STAG Water and 
Wastewater Infrastructure Project account. The St. Clair County 
Commission will meet or exceed the 45% non-federal requirements for 
matching funds.
  Requesting Member: Congressman Spencer Bachus
  Bill Number: FY 2009 Omnibus
  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

[[Page 5831]]

  Description of Request: Provide $4.785 million to construct the 
Mobile Harbor Turning Basin project. The total project cost estimate 
stands at $21,400,000. Approximately, $10,000 [or .0004%] is for land; 
$25,000 [or .0011%] for aids to navigation; $25,000 [or .0011%] for 
removal of existing concrete debris; $850,000 [or .0397%] for 
mobilization, preparation and demobilization of a 26 CY Bucket Dredge; 
$900,000 [or .0420%] for mobilization, preparation and demobilization 
of a 30 inch Pipeline Dredge; $14,437,000 [or .67%] for the removal of 
and placement in designated dredge disposal areas approx. 2,699,232 
cubic yards of dredged material; $1,140,000 [or .0532%] of planning, 
engineering and design work; $520,000 [or .0242%] for construction 
management; $2,690,000 [or .1257%] in project construction contingency; 
and $820,000 [or .0383%] in project escalation. The Army Corps of 
Engineers 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 and is intended 
and authorized by Congress in the Water Resources Development Act of 
1986 (PL 99-662 Ninety-ninth Congress, Second Session). This is the 
last year funding will be needed to complete the construction of the 
Mobile Harbor Turning Basin. The Alabama State Port Authority is the 
federally designated local sponsor for the Port of Mobile Harbor and 
will provide the 25% cost share for the Mobile Harbor Turning Basin 
project. The Alabama State Port Authority's 25% cost share funding is 
secured.
  Requesting Member: Congressman Spencer Bachus
  Bill Number: FY 2009 Omnibus
  Account: Fish and Wildlife Service, Construction
  Legal Name of Requesting Entity: US Fish and Wildlife Service
  Address of Requesting Entity: PO Box 5087, Fort McClellan, AL 36205.
  Description of Request: Provide $300,000 to fund construction of a 
new visitors' center in the Cahaba River National Wildlife Refuge. The 
funding will go toward site selection, soil testing, engineering, 
architectural plans, and environmental site assessment. This project's 
budget is $1.3 million and will be used to construct an L-shaped 
building with 7700 square feet including about 8 office spaces 
approximately 12'x13', a 14 person conference room, a 1000 sq foot 
auditorium, an exhibit hall, and various utility rooms. This request is 
consistent with the intended and authorized purpose of the Fish and 
Wildlife Service, Construction.
  Requesting Member: Congressman Spencer Bachus
  Bill Number: FY 2009 Omnibus
  Account: Small Business Administration
  Legal Name of Requesting Entity: The University of Alabama
  Address of Requesting Entity: 201 Rose Administration Building, Box 
870117, Tuscaloosa, AL 35487-0117
  Description of Request: Provide $100,000 to help establish 
entrepreneurial research centers in nine additional rural Alabama 
counties and to augment the resources of existing centers through the 
Alabama Entrepreneurial Research Network (AERN). The total project 
budget is $675,000. The AERN provides an entrepreneurial toolkit that 
includes computers and peripheral equipment, business software, and 
other business research resources. Chambers of commerce, industrial 
development agencies, or other nonprofit organizations, whose mission 
includes business development in very rural, low income portions of 
Alabama, house the centers. These resources allow persons and local 
agencies to develop and expand businesses. This project will expand the 
network to additional counties and will upgrade and enhance the 
resources available to the existing partners. The AERN vision is to 
create a decentralized technology and resources network and bring 
cutting edge entrepreneurial computing tools and training directly to 
underserved, low income, rural communities in Alabama. Within the first 
year of the project, $120,000 is for staff salaries, $30,000 is for 
benefits, and $200,000 is for supplies and services. In the second and 
third years of the project, $120,000 is for staff salaries, $30,000 is 
for benefits, and $175,000 is for supplies and services. This request 
is consistent with the intended and authorized purpose of the Small 
Business Administration. The University of Alabama will meet or exceed 
all statutory requirements for matching funds where applicable.
  Requesting Member: Congressman Spencer Bachus
  Bill Number: FY 2009 Omnibus
  Account: Department of Health & Human Services, Health Resources and 
Services Administration, Health Facilities and Services Account
  Legal Name of Requesting Entity: Town of Harpersville
  Address of Requesting Entity: P.O. Box 370, Harpersville, AL 35078
  Description of Request: Provide $190,000 for the construction of a 
community and senior center in Harpersville, AL. This project's total 
budget is $200,000. Specifically within the budget, $50,000 will go 
toward Engineering and Design, $25,000 toward the Environmental 
Assessment, $30,000 toward Site Preparation, $75,000 toward 
Construction, and $20,000 toward Geotechnical Investigations. This 
request is consistent with the intended and authorized purpose of the 
Department of Health & Human Services, Health Resources and Services 
Administration, Health Facilities and Services Account. The Town of 
Harpersville will meet or exceed all statutory requirements for 
matching funds where applicable.
  Requesting Member: Congressman Spencer Bachus
  Bill Number: FY 2009 Omnibus
  Account: Department of Education, Elementary & Secondary Education 
Account
  Legal Name of Requesting Entity: Mitchell's Place, Inc.
  Address of Requesting Entity: 4778 Overton Road, Birmingham, AL 35210
  Description of Request: Provide $250,000 to support expansion of the 
Mitchell's Place program. Mitchell's Place is a comprehensive center 
for children with autism. The Early Learning Program at Mitchell's 
Place is for children between the ages of two to six. The staff at 
Mitchell's Place consists of four Masters Level lead teachers, one 
Educational Director and nine special education graduate assistants. 
The student teacher ratio is 3 to 1 which gives each child the 
opportunity to learn and grow so they will be ready to start 
kindergarten. Each child also receives Speech Therapy and Occupational 
Therapy as part of the program. This funding will enable Mitchell's 
Place to expand the program and bring in more of the 35 children we 
currently have waiting to enter our program. This request is consistent 
with the intended and authorized purpose of the Department of 
Education, Elementary & Secondary Education Account. Mitchell's Place 
will meet or exceed all statutory requirements for matching funds where 
applicable.
  Requesting Member: Congressman Spencer Bachus
  Bill Number: FY 2009 Omnibus
  Account: Housing and Urban Development, Economic Development 
Initiatives Account
  Legal Name of Requesting Entity: Alabama Historic Ironworks 
Commission
  Address of Requesting Entity: 12632 Confederate Parkway, McCalla, AL 
35111
  Description of Request: Provide $142,500 to construct a welcome 
center at the Brierfield Ironworks State Park. Currently the park has 
no visitors/welcome center where information can be easily disseminated 
to visitors. At present that function is being done in the country 
store, a site that is not really suited to welcoming area visitors in a 
historical and educational setting. This proposed educational visitors/
welcome center will house a reception area, a display area telling the 
story of the ironworks and its relationship with the community during 
the mid and late 19th century, restroom facilities and a park office. 
The center will be located near the primary entrance to the park so 
that all visitors will be able to readily take advantage of the area 
upon their arrival at the park. The budget for the project is $295,000. 
Specifically within the budget, $20,000 will go toward site 
preparation, $10,000 toward the design and plans, and $265,000 toward 
building construction. This request is consistent with the intended and 
authorized purpose of the Housing and Urban Development, Economic 
Development Initiatives Account. The Alabama Historic Ironworks 
Commission will meet or exceed all statutory requirements for matching 
funds where applicable.
  Requesting Member: Congressman Spencer Bachus
  Bill Number: FY 2009 Omnibus
  Account: Department of Transportation, Buses and Bus Facilities 
Account
  Legal Name of Requesting Entity: Birmingham-Jefferson County Transit 
Authority

[[Page 5832]]

  Address of Requesting Entity: 1535 Morris Avenue, Birmingham, AL 
35202
  Description of Request: Provide $1,425,000 to acquire new and 
replacement buses and vans to expand service for the Birmingham-
Jefferson County Transit Authority. This project's total budget is 
$33,800,000, which includes the acquisition of 100 replacement buses 
and 30 paratransit vans. This project will provide more reliable 
transit services in the Birmingham metropolitan area, including 
expanded service in the city center and urban core. This request will 
also assist with the on-going need to replace buses for the BJCTA Fleet 
Replacement Plan. This request is consistent with the intended and 
authorized purpose of the Department of Transportation, Buses and Bus 
Facilities Account. The Birmingham-Jefferson County Transit Authority 
will meet or exceed all statutory requirements for matching funds where 
applicable.
  Requesting Member: Congressman Spencer Bachus
  Bill Number: FY 2009 Omnibus
  Account: Housing and Urban Development, Economic Development 
Initiatives Account
  Legal Name of Requesting Entity: City of Clay
  Address of Requesting Entity: 6757 Old Springville Road, Pinson, AL 
35126
  Description of Request: Provide $118,750 for necessary amenities for 
Cosby Lake Park. The City of Clay recently purchased Cosby Lake in the 
City for use as a public park. Walking trails, lighting, landscaping, a 
pavilion, parking and other amenities are necessary to make it useful 
for the public. The budget for the project is $150,000, all of which 
will go towards engineering and development. This request is consistent 
with the intended and authorized purpose of the Transportation, Housing 
and Urban Development, Economic Development Initiatives Account. The 
City of Clay will meet or exceed all statutory requirements for 
matching funds where applicable.
  Requesting Member: Congressman Spencer Bachus
  Bill Number: FY 2009 Omnibus
  Account: Housing and Urban Development, Economic Development 
Initiatives Account
  Legal Name of Requesting Entity: City of Northport
  Address of Requesting Entity: 3500 McFarland Blvd., P.O. Box 569, 
Northport, AL 35476
  Description of Request: Provide $95,000 to help revitalize downtown 
Northport. The purpose of this project is to upgrade existing 
infrastructure and install new infrastructure to support and encourage 
economic development and housing in downtown Northport. Infrastructure 
improvements may include but are not limited to: sewer, water, street 
improvements, drainage, pedestrian access and parking. The total budget 
for the project is $2,516,000. Specifically within the budget, 
$1,716,032 will go toward general construction and supplies, $163,000 
toward engineering design, $129,000 toward construction engineering and 
inspection, $257,400 toward contingencies, and $250,000 toward moving 
overhead power to underground. This request is consistent with the 
intended and authorized purpose of the Housing and Urban Development, 
Economic Development Initiatives Account. The City of Northport will 
meet or exceed all statutory requirements for matching funds where 
applicable.
  Requesting Member: Congressman Spencer Bachus
  Bill Number: FY 2009 Omnibus
  Account: Federal Highway Administration, Transportation & Community & 
System Preservation Account
  Legal Name of Requesting Entity: St. Clair County Commission
  Address of Requesting Entity: 165 5th Avenue, Suite 100 Ashville, AL 
35953
  Description of Request: Provide $475,000 for construction of an 
access road to the Pell City Medical Campus. When completed, this road 
will provide access to a medical and educational campus that will 
become an economic catalyst for the region and will provide improved 
health care for constituents of St. Clair County and surrounding areas. 
This roadway will also create a connector road from Highway 231 to Wolf 
Creek Road. This new road will help alleviate congestion on Highway 231 
and allow more access to the underdeveloped Wolf Creek Road. The 
project's total budget is $795,000. Specifically within the budget, 
$430,000 will go toward grading, draining, and basing, $292,000 toward 
paving, striping, and traffic control markers, and $73,000 toward 
engineering and inspection. This request is consistent with the 
intended and authorized purpose of the Federal Highway Administration, 
Transportation & Community & System Preservation Account. The St. Clair 
County Commission will meet or exceed all statutory requirements for 
matching funds where applicable.
  Requesting Member: Congressman Spencer Bachus
  Bill Number: FY 2009 Omnibus
  Account: Housing and Urban Development, Economic Development 
Initiatives Account
  Legal Name of Requesting Entity: Shelby County Arts Council
  Address of Requesting Entity: PO Box 624, Columbiana, AL 35051
  Description of Request: Provide $95,000 to develop architectural 
plans for the construction of a performing arts facility in Columbiana, 
AL. The proposed 25,000-square-foot Arts Center will be a community 
arts education and performance facility. It will be located on 
approximately one acre of a seven-acre site on the corner of West 
College Street and Mill Street just one block from the revitalized 
downtown main street of Columbiana. This Center will provide multiple 
spaces for performance, education and exhibits and both indoor and 
outdoor gathering and event venues. These spaces will be open to the 
public as well as available for private income earning events for the 
Arts Center. The funding will be used to pay architectural fees 
associated with drawings for a new performing arts and education center 
located in Columbiana, Alabama. This request is consistent with the 
intended and authorized purpose of the Housing and Urban Development, 
Economic Development Initiatives Account. The Shelby County Arts 
Council will meet or exceed all statutory requirements for matching 
funds where applicable.
  Requesting Member: Congressman Spencer Bachus
  Bill Number: FY 2009 Omnibus
  Account: Department of Justice, Office of Justice Programs, Community 
Oriented Policing Services (COPS) Technology Grants
  Legal Name of Requesting Entity: City of Calera
  Address of Requesting Entity: 10947 Highway 25, Calera, Alabama 35040
  Description of Request: Provide $200,000 for technology upgrades, 
improvements and add-ons for the Calera Police Department. As the 
population of Calera continues to grow, these technological advances 
will aid in providing more effective police protection. The department 
will be able to better utilize its officers in the field, reduce error 
in reporting, verify information in a more timely fashion, identify 
misbehavior by officers and citizens, and become as well equipped as 
other police forces around the nation who cover similar sized 
jurisdictions. The project's total budget is $499,600. Specifically 
within the budget, $162,000 will go toward Tough Book in-car MDTs, 
$16,200 toward in-car computer mounts, $13,500 toward e-ticket stripe 
readers, $10,800 toward thermal mobile printers, $4,500 toward printer 
mounts, $30,000 toward radio comm voter towers, $30,000 toward wireless 
radio voter transmitters, $162,000 toward in-car digital video cameras, 
$21,600 officer safety mini cams, $4,000 toward dispatch wireless head 
sets, $6,000 toward investigator surveillance cameras, $10,000 toward a 
jail camera system, $14,000 toward desk top computers, and $15,000 
toward mobile radios. This request is consistent with the intended and 
authorized purposed of the Department of Justice, Office of Justice 
Programs, Community Oriented Policing Services (COPS) Technology 
Grants. The City of Calera will meet or exceed all statutory 
requirements for matching funds where applicable.
  Requesting Member: Congressman Spencer Bachus
  Bill Number: FY 2009 Omnibus
  Account: National Aeronautics and Space Administration, Cross Agency 
Support Account
  Legal Name of Requesting Entity: McWane Science Center
  Address of Requesting Entity: 200 19th Street, North, Birmingham, AL 
35203
  Description of Request: Provide $400,000 to advance science, 
technology, engineering and math education initiatives for McWane 
Science Center. The main objectives are to expand educational 
opportunities for students in these areas and to serve as a quality 
teacher training facility that will focus on inquiry-based education in 
the classroom. The center's desire is to specifically target schools 
that do not have the resources to provide these programs on their own. 
The project's total budget is $500,000. Specifically within the budget, 
$80,000 will go toward staff salaries/benefits, $100,000 toward teacher 
trainings/workshops--2,000 teachers, $150,000 toward Access--free 
educational field trips--15,000 students, $50,000 toward Outreach--200 
classroom education programs, $75,000 toward Celebrate Science--
statewide science fair, and $45,000 toward equipment and supplies. This 
request is consistent with the intended and authorized purpose of the 
National Aeronautics and Space Administration, Cross Agency Support 
Account. The McWane Science Center will meet or exceed all statutory 
requirements for matching funds where applicable.

[[Page 5833]]



                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                       HON. JOHN ABNEY CULBERSON

                                of texas

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. CULBERSON. Madam Speaker, as a Member of the Appropriations 
Committee, my highest priority is cutting wasteful government spending 
and balancing the budget. That is why I rejected over $338 million in 
project requests that were brought to my office. My answer for spending 
requests is always ``no'' unless the project is cost effective and 
serves a legitimate government purpose. I wholly support medical and 
scientific research, reducing congestion and travel time, and critical 
flood control projects. Those priorities are reflected in the projects 
that I support.
  Each Member should be held accountable for the project requests they 
submit. Since becoming a Member of the Appropriations Committee, I have 
held myself accountable by posting my project request letters on my 
congressional website at www.culberson.house.gov. Additionally, 
pursuant to the Republican Leadership standards, I am submitting the 
following information for publication in the Congressional Record 
regarding projects I secured as part of H.R. 1105, the FY2009 Omnibus 
Appropriations bill:
  Requesting Member: Congressman John Culberson
  Bill Number: H.R. 1105, the FY2009 Omnibus Appropriations bill
  Account: Department of Justice; Byrne Public Safety and Protection 
Program
  Legal Name of Requesting Entity: Texas Border Sheriff's Coalition
  Address of Requesting Entity: 4141 Pinnacle Street #213, El Paso, 
Texas
  Description of Request: Provides $4,500,000 to the Texas Border 
Sheriff Coalition to pay for overtime, hire additional deputies, and 
purchase equipment. This request is consistent with the intended and 
authorized purpose of the Department of Justice, Byrne Public Safety 
and Protection Program account. This project supports Operation 
Linebacker, an initiative by the Texas Border Sheriff's Coalition to 
stop drug and human trafficking along the U.S.-Mexico border. I certify 
that neither I nor my spouse has any financial interest in this 
project.
  Requesting Member: Congressman John Culberson
  Bill Number: H.R. 1105, the FY2009 Omnibus Appropriations bill
  Account: Department of Justice; Byrne Public Safety and Protection 
Program
  Legal Name of Requesting Entity: Memorial Hermann Healthcare System
  Address of Requesting Entity: 9401 Southwest Freeway, Houston, Texas
  Description of Request: Provides $300,000 to the Memorial Hermann 
Healthcare System to purchase interoperable communications equipment 
for the Life Flight Operations Center, the premier air ambulance 
service in the country serving a 150 mile radius around Houston, TX. 
This request is consistent with the intended and authorized purpose of 
the Department of Justice, Byrne Public Safety and Protection Program 
account. This projects will enable state-of-the art dispatching, flight 
and weather monitoring, and data collection to enhance patient care and 
save lives. Memorial Hermann has already allocated $39.25 million in 
nonfederal money for this project. I certify that neither I nor my 
spouse has any financial interest in this project.
  Requesting Member: Congressman John Culberson
  Bill Number: H.R. 1105, the FY2009 Omnibus Appropriations bill
  Account: Department of Justice; Byrne Public Safety and Protection 
Program
  Legal Name of Requesting Entity: Texas Medical Center
  Address of Requesting Entity: 2450 Holcombe Boulevard Suite 1, 
Houston, Texas
  Description of Request: Provides $400,000 to purchase emergency 
communications equipment for the Emergency Communications and Mobility 
Center which serves as a coordinator for police and security 
information, emergency preparedness, emergency communications, 
emergency logistical support, and traffic mobility for the 46 member 
institutions of the Texas Medical Center. This request is consistent 
with the intended and authorized purpose of the Department of Justice, 
Byrne Public Safety and Protection Program account. I certify that 
neither I nor my spouse has any financial interest in this project.
  Requesting Member: Congressman John Culberson
  Bill Number: H.R. 1105, the FY2009 Omnibus Appropriations bill
  Account: Department of Justice; COPS Law Enforcement Technology
  Legal Name of Requesting Entity: City of Houston
  Address of Requesting Entity: 900 Bagby, 2nd Floor, Houston, Texas
  Description of Request: Provides $1,000,000 for the Houston 
interoperability initiative, to purchase communications equipment so 
the City's first responders, bomb squad, and SWAT team can communicate 
with other regional law enforcement agencies. This request is 
consistent with the intended and authorized purpose of the Department 
of Justice, COPS Law Enforcement Technology account. This project has 
received funding from the COPS account in the past and the State of 
Texas has also contributed funding for this program. The City of 
Houston will provide the required match. I certify that neither I nor 
my spouse has any financial interest in this project.
  Requesting Member: Congressman John Culberson
  Bill Number: H.R. 1105, the FY2009 Omnibus Appropriations bill
  Account: Department of Transportation; Airport Improvement Program
  Legal Name of Requesting Entity: West Houston Airport
  Address of Requesting Entity: 18000 Groeschke Road, Houston, Texas
  Description of Request: Provides $142,500 to the West Houston Airport 
to purchase an Automatic Weather Observation Station to provide 
critical weather information to aircraft. This request is consistent 
with the intended and authorized purpose of the Department of 
Transportation, Airport Improvement Program account. This improvement 
project fits in line with the FAA's mission to enhance airport safety. 
I certify that neither I nor my spouse has any financial interest in 
this project.
  Requesting Member: Congressman John Culberson
  Bill Number: H.R. 1105, the FY2009 Omnibus Appropriations bill
  Account: Department of Transportation; Buses and Bus Facilities
  Legal Name of Requesting Entity: Houston METRO
  Address of Requesting Entity: 1900 Main Street, PO Box 61429, 
Houston, Texas
  Description of Request: Provides $475,000 for Houston METRO to 
purchase hybrid buses to replace the aging fleet and to continue 
expansion of the Park and Ride commuter bus system. This request is 
consistent with the intended and authorized purpose of the Department 
of Transportation, Buses and Bus Facilities account. Houston METRO will 
provide the required match. I certify that neither I nor my spouse has 
any financial interest in this project.
  Requesting Member: Congressman John Culberson
  Bill Number: H.R. 1105, the FY2009 Omnibus Appropriations bill
  Account: Department of Transportation, Capital Investment Grants
  Legal Name of Requesting Entity: Houston METRO
  Address of Requesting Entity: 1900 Main Street, PO Box 61429, 
Houston, Texas
  Description of Request: Provides $15,000,000 for the Advanced Transit 
Program/METRO Solutions Phase 2 for light rail projects along the North 
and Southeast corridors only and to study commuter rail lines along the 
US 90A, US 290 and Westpark corridors. This request is consistent with 
the intended and authorized purpose of the Department of 
Transportation, Capital Investment Grants account. Houston METRO will 
provide the required match. I certify that neither I nor my spouse has 
any financial interest in this project.
  Requesting Member: Congressman John Culberson
  Bill Number: H.R. 1105, the FY2009 Omnibus Appropriations bill
  Account: Department of Transportation, Buses and Bus Facilities
  Legal Name of Requesting Entity: Houston Galveston Area Council
  Address of Requesting Entity: 3555 Timmons, Houston, Texas
  Description of Request: Provides $950,000 for the Houston Galveston 
Area Council to purchase buses to improve mobility in the Texas Medical 
Center. This request is consistent with the intended and authorized 
purpose of the Department of Transportation, Buses and Bus Facilities 
account. This funding will purchase two buses and a limited number of 
vans for an internal transportation system to cut down on congestion 
and pollution in the Texas Medical Center. The Houston Galveston Area 
Council will provide the required match. I certify that neither I nor 
my spouse has any financial interest in this project.
  Requesting Member: Congressman John Culberson
  Bill Number: H.R. 1105, the FY2009 Omnibus Appropriations bill

[[Page 5834]]

  Account: Department of Health and Human Services, Health Resources 
and Services Administration (HRSA), Health Facilities and Services
  Legal Name of Requesting Entity: Harris County Hospital District
  Address of Requesting Entity: 2525 Holly Hall, Houston, Texas, 77054
  Description of Request: Provides $143,000 for new video endoscopic 
equipment, which is needed to provide diagnostic and treatment services 
to its indigent patient base and to handle the needs of a level one 
Trauma Center at Ben Taub Hospital. This funding will ensure continued 
access to the latest technology and treatment techniques for patients 
of this level one Trauma Hospital. It will also contribute to the 
health of the community, state and nation by contributing to the 
training of the next generation of health professionals. The Harris 
County Hospital District will contribute $2,000,000 to this project. I 
certify that neither I nor my spouse has any financial interest in this 
project.
  Requesting Member: Congressman John Culberson
  Bill Number: H.R. 1105, the FY2009 Omnibus Appropriations bill
  Account: Department of Health and Human Services, Health Resources 
and Services Administration (HRSA), Health Facilities and Services
  Legal Name of Requesting Entity: M.D. Anderson Cancer Center
  Address of Requesting Entity: 1515 Holcombe Blvd., Unit 422, Houston, 
TX, 77030
  Description of Request: Provides $533,000 to support research 
involving the clinical study of new forms of cancer treatment. The 
study will bring together the research activities of all clinical 
divisions, departments, care centers, clinical trial programs and 
translational research centers at the requesting institution. M.D 
Anderson Cancer Center will provide additional project funding. I 
certify that neither I nor my spouse has any financial interest in this 
project.
  Requesting Member: Congressman John Culberson
  Bill Number: H.R. 1105, the FY2009 Omnibus Appropriations bill
  Account: Department of Health and Human Services, Health Resources 
and Services Administration (HRSA), Health Facilities and Services
  Legal Name of Requesting Entity: University of Houston
  Address of Requesting Entity: 4800 Calhoun Road, Houston, TX, 77004
  Description of Request: Provides $143,000 for research to develop new 
methods to control proliferating catastrophic diseases like cancer, 
stroke, and diabetes, as well as non-proliferating circumstances such 
as trauma. Funding will be used specifically for outfitting labs in the 
newly constructed University of Houston Science and Engineering 
Research Building; gene sequencing equipment; additional wet and dry 
clean room fabrication facilities; cell culture facilities and 
purification equipment; genetic synthesis equipment; tissue culture 
facilities; and high performance computing and data storage facilities 
for computational biology. An additional $5.4 million worth of grants 
will be provided: $900,000 from the Cullen Foundation; $500,000 from 
the M.D. Anderson Foundation; $2,000,000 from the Keck Foundation; and 
$2,000,000 from the Greater Houston Partnership. I certify that neither 
I nor my spouse has any financial interest in this project.
  Requesting Member: Congressman John Culberson
  Bill Number: H.R. 1105, the FY2009 Omnibus Appropriations bill
  Account: Department of Health and Human Services, Health Resources 
and Services Administration (HRSA), Health Facilities and Services
  Legal Name of Requesting Entity: Houston Baptist University
  Address of Requesting Entity: 7502 Fondren Road, Houston, TX, 77074
  Description of Request: Provides $95,000 to renovate Houston Baptist 
University's Skilled Nursing Lab to increase the number of students 
trained in nursing each year. Funds will be used to purchase equipment 
to provide ``real life patient care scenarios'' for students while 
several computer workstations with interactive CD programs will help 
students gain skills with clinical situations they will face in actual 
health care settings. Houston Baptist University will contribute 
$105,648 to this project. I certify that neither I nor my spouse has 
any financial interest in this project.
  Requesting Member: Congressman John Culberson
  Bill Number: H.R. 1105, the FY2009 Omnibus Appropriations bill
  Account: Department of Health and Human Services, Health Resources 
and Services Administration (HRSA), Health Facilities and Services
  Legal Name of Requesting Entity: Texas Children's Hospital
  Address of Requesting Entity: 6621 Fannin Street, Houston, TX, 77030
  Description of Request: Provides $190,000 for the Texas Children's 
Hospital (TCH) Neurological Research Institute for the purpose of 
treating diseases in very definitive ways so that the children can live 
normal lives. Scheduled for completion in 2010, the Neurological 
Research Institute will be a new model of excellence as the first 
dedicated facility in the United States to use a multidisciplinary 
research approach to understand the unique issues of a child's brain 
structure, development patterns and related diseases. The 370,000 
square foot building will be home to more than 170 researchers who will 
bring new promise to those afflicted with neurological diseases as they 
look for new treatments for common pediatric neurological disorders 
like autism, epilepsy, Rhett syndrome, cerebral palsy and learning 
disorders. I certify that neither I nor my spouse has any financial 
interest in this project.
  Requesting Member: Congressman John Culberson
  Bill Number: H.R. 1105, the FY2009 Omnibus Appropriations bill
  Account: Department of Health and Human Services, Health Resources 
and Services Administration (HRSA), Health Facilities and Services
  Legal Name of Requesting Entity: University of Texas Health Science 
Center at Houston
  Address of Requesting Entity: 7000 Fannin, Suite 600, Houston, TX, 
77030
  Description of Request: Provides $238,000 for equipment and faculty 
recruitment, which will advance breakthroughs in the understanding, 
prevention and treatment of developmental and neurodegenerative 
diseases including autism, Alzheimer's and brain injury; accelerated 
exploration and clinical testing of new pharmacological agents and new 
neurological and behavioral interventions with a reduced need for 
animal and human testing; and investment opportunities as technologies 
are developed and tested. I certify that neither I nor my spouse has 
any financial interest in this project.
  Requesting Member: Congressman John Culberson
  Bill Number: H.R. 1105, the FY2009 Omnibus Appropriations bill
  Account: Army Corps of Engineers, Construction
  Legal Name of Requesting Entity: Harris County Flood Control District
  Address of Requesting Entity: 9900 Northwest Freeway, Suite 220, 
Houston, Texas
  Description of Request: Provides $5,011,000 to continue critical 
detention excavation and channel construction along Brays Bayou, 
Houston, Texas. Harris County Flood Control District will provide the 
required match. I certify that neither I nor my spouse has any 
financial interest in this project.
  Requesting Member: Congressman John Culberson
  Bill Number: H.R. 1105, the FY2009 Omnibus Appropriations bill
  Account: Army Corps of Engineers, Investigations
  Legal Name of Requesting Entity: Harris County Flood Control District
  Address of Requesting Entity: 9900 Northwest Freeway, Suite 220, 
Houston, Texas
  Description of Request: Provides an earmark of $96,000 to continue 
the feasibility study for flood mitigation of Buffalo Bayou and 
Tributaries, White Oak Bayou, Texas. Harris County Flood Control 
District will provide the required match. I certify that neither I nor 
my spouse has any financial interest in this project.
  Requesting Member: Congressman John Culberson
  Bill Number: H.R. 1105, the FY2009 Omnibus Appropriations bill
  Account: Army Corps of Engineers, Investigations
  Legal Name of Requesting Entity: Harris County Flood Control District
  Address of Requesting Entity: 9900 Northwest Freeway, Suite 220, 
Houston, Texas
  Description of Request: Provides $96,000 to continue a general 
reevaluation study to obtain an endorsement from the Army Corps of a 
recommended project for flood control along Buffalo Bayou and 
Tributaries, Main Stem. Harris County Flood Control District will 
provide the required match. I certify that neither I nor my spouse has 
any financial interest in this project.
  Requesting Member: Congressman John Culberson
  Bill Number: H.R. 1105, the FY2009 Omnibus Appropriations bill
  Account: Army Corps of Engineers, Construction

[[Page 5835]]

  Legal Name of Requesting Entity: Port Authority of Houston
  Address of Requesting Entity: PO Box 2562, Houston, Texas
  Description of Request: Provides $20,766,000 for construction of the 
Houston portion of the Houston-Galveston Navigation Channels, near 
Beltway 8. The dredged material produced by the project is being used 
to create 4,250 acres of marshland over the 50-year economic life of 
the project and to rebuild historical islands that have been eroded 
over the years by storms and subsidence. The blended local cost share 
is 26%. I certify that neither I nor my spouse has any financial 
interest in this project.
  Requesting Member: Congressman John Culberson
  Bill Number: H.R. 1105, the FY2009 Omnibus Appropriations bill
  Account: Army Corps of Engineers, Construction
  Legal Name of Requesting Entity: Port Authority of Houston
  Address of Requesting Entity: PO Box 2562, Houston, Texas
  Description of Request: Provides $478,000 for construction of the 
Houston portion of the Houston-Galveston Navigation Channels, near 
Beltway 8. These funds were needed following Hurricane Ike damage to 
the port. I certify that neither I nor my spouse has any financial 
interest in this project.
  Requesting Member: Congressman John Culberson
  Bill Number: H.R. 1105, the FY2009 Omnibus Appropriations bill
  Account: Army Corps of Engineers, Operations and Maintenance
  Legal Name of Requesting Entity: Port Authority of Houston
  Address of Requesting Entity: Port Authority of Houston, PO Box 2562, 
Houston, Texas
  Description of Request: Provides $13,788,000 for operations and 
maintenance of the following areas in the Houston Ship Channel: Bayport 
Channel: Greens Bayou Channel; Houston Ship Channel from Sims Bayou to 
the Turning Basin; Houston Ship Channel from Morgan's Point to Exxon; 
Houston Ship Channel from Carpenter's Bayou; East/West Clinton 
Placement Area Levee Work and work in the Barbours Cut Channel. The 
Port of Houston Authority, as the local sponsor will contribute the 
required match. I certify that neither I nor my spouse has any 
financial interest in this project.
  Requesting Member: Congressman John Culberson
  Bill Number: H.R. 1105, the FY2009 Omnibus Appropriations bill
  Account: Agriculture Research Service, Salaries and Expenses
  Legal Name of Requesting Entity: Baylor College of Medicine
  Address of Requesting Entity: 1 Baylor Plaza, Houston, Texas
  Description of Request: Provides $254,000 for the design and 
implementation of a human study to identify the facilitators and 
barriers that affect adherence of children to the Dietary Guidelines 
for Americans, a research question that was specifically highlighted by 
the 2005 Dietary Guidelines Advisory Committee. The local and state 
agency will provide a match of $250,000. I certify that neither I nor 
my spouse has any financial interest in this project.

                          ____________________




                      A TRIBUTE TO LEO V. STIMMLER

                                 ______
                                 

                          HON. EDOLPHUS TOWNS

                              of new york

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. TOWNS. Madam Speaker, I rise today in recognition of Leo V. 
Stimmler, who after 34 years of service to the NYC Health and Hospitals 
Corporation has decided to retire.
  A native of Philadelphia, Pennsylvania, Mr. Stimmler graduated from 
Fordham University's School of Social Work. Shortly thereafter he 
joined the New York City Health and Hospitals Corporation. Hired by 
Earl Deane, chief psychiatric social worker at the Kings County 
Hospital's Bedford-Stuyvesant Addiction Treatment Center, Mr. Stimmler 
began a long career working with those dealing with addiction. In 1976, 
Mr. Stimmler was promoted to social work supervisor and, eventually, 
the head of the social work department.
  In 1985, Mr. Stimmler was hired by Wayne C. Wiltshire and Arthur 
Wright to administer the HHC drug and alcohol treatment program at a 
sister HHC facility, the Cumberland Diagnostic and Treatment Center. 
With Phil Garrett, CASAC, they wrote successful grant applications for 
adolescent treatment, homeless families, acupuncture, women services, 
parolees and homeless veterans. In 1988, some of the homeless patients 
complained to Mr. Stimmler that it was difficult attending treatment at 
Cumberland during the day to then return to the shelter at night, to a 
drill floor with 700 beds in an armory facility pervaded by drugs and 
alcohol. Mr. Stimmler asked Holly Argent-Tariq, Cumberland's senior 
administrator, to help him convince Frank Gonzalez, the director of the 
Atlantic Mens Shelter, to set aside a separate room for 10 patients 
living in the shelter who were simultaneously attending alcohol and 
drug treatment programs. Mr. Gonzalez agreed, on the condition that the 
shelter resident supply proof of enrollment in a treatment program and 
make a pledge of abstinence. On April 22, 1989, Sara Rimer's article in 
the New York Times described the history and success of the first drug 
free dorm in a city shelter.
  Within six years the outpatient clinic census at Cumberland went from 
12,000 annual outpatient visits to 48,000. According to the New York 
City Bureau of Health Statistics, between January 1, 1988 and December 
31, 1991, the number of deaths from drug abuse in Fort Greene, Brooklyn 
dropped from 30 percent to 10 percent.
  In 1982, in response to difficulties retaining addiction counselors 
due to the lack of a career ladder, Mr. Stimmler asked the HHC Office 
of Behavioral Health to add senior addiction counselor to the corporate 
plan of titles. After working on the project for more than ten years 
with Brenda Ballenger and the addiction counselors of Cumberland, 
Woodhull and Kings County Hospitals, a new assignment level for the 
addiction counselor position was created. On January 29, 1993, Rosa 
Maria Gil, DSW, HHC Senior Vice President for Mental Health and 
Chemical Dependency Services, announced the creation of the titles of 
senior addiction counselor I and II.
  In 1998 Mr. Stimmler was assigned responsibility for administering 
the Woodhull Chemical Dependency Program as well as Cumberland's.
  Mr. Stimmler is married to Kathleen, whom he met 36 years ago at the 
Fordham School of Social Work; she is in charge of psychiatric social 
work at the Nassau University Medical Center. They have two children, 
Colin, who works for the City of New York's Department of Homeless 
Services as an Emergency Planner, and Chad, a data analyst, is employed 
by the Memorial Sloan-Kettering Cancer Center.

                          ____________________




                     SAFE DRUG DISPOSAL ACT OF 2009

                                 ______
                                 

                            HON. JAY INSLEE

                             of washington

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. INSLEE. Madam Speaker, I am proud to announce the introduction of 
the Safe Drug Disposal Act of 2009. This important bill allows states 
the opportunity to continue their outstanding work to clean up our 
streets and waterways from unused pharmaceuticals, including both 
controlled and uncontrolled substances. It is my hope that Congress 
will give as much attention to this bill as it deserves.
  In 1970, the Controlled Substances Act was enacted into law under 
title II of the Comprehensive Drug Abuse Prevention and Control Act of 
1970. This valuable act was designed to protect the American public 
from recreational use of controlled substances by creating a closed 
loop system, which restricts the movement of controlled substances to 
individuals designated to handle such substances. Unfortunately, as we 
learn more about the high risks of controlled substances on our streets 
and in our water ways, the Controlled Substances Act has inadvertently 
established a barrier between safe and unsafe disposal methods of 
unused or unwanted controlled substances. Without amending this law, 
controlled substance abuse on our streets and prescription drug 
pollution of our water ways will continue to rise.
  In 2007, a study conducted by the Substance Abuse and Mental Health 
Services Administration of the Department of Health and Human Services 
found that, while cocaine and methamphetamine use among young adults 
dropped significantly, prescription drug abuse increased. Among young 
adults ages 18 to 25, the level of current nonmedical use of 
prescription pain relievers has risen 12 percent. Further, results of a 
separate study of seventh through twelfth grade students released on 
April 21, 2005 by the Partnership for a Drug-Free America indicated 
that teenagers are more likely to have abused a prescription pain 
medication to get high than they are to have experimented with a 
variety of illicit drugs including ecstasy, cocaine, crack, and LSD. 
During this study, one in five teenagers reported using the controlled 
substance Vicodin without a prescription; approximately ten percent 
reported using the controlled substance

[[Page 5836]]

OxyContin without a prescription; and ten percent reported having used 
prescription stimulants, Ritalin and/or Adderall, without a 
prescription.
  One reason why pharmaceutical drug diversion has increased over the 
last few years is the availability of unused prescription drugs. Among 
teenagers surveyed in the April 21, 2005 study administered by the 
Partnership for a Drug-Free America, fifty percent indicated that 
prescription drugs are widely available, one-third indicated that 
prescription drugs were easy to purchase over the Internet, and sixty-
three percent said they could easily obtain prescription opiates and 
painkillers from their own home. Family medicine cabinets all across 
America have turned into the drug dealers of today.
  It is not irresponsibility that has driven the abundance of 
pharmaceuticals in households across America. Americans have their 
hands tied when they look to dispose of unused pharmaceuticals. The 
choice to either throw them in the trash or flush them down the toilet 
is environmentally unacceptable. Recent reports indicate traces of 
common medicines such as acetaminophen, hormones, blood pressure 
medications, codeine and antibiotics in very low concentrations in 80 
percent of samples taken from 139 streams across 30 states. Researchers 
are continuously finding diluted concentrations of pharmaceutical 
residues harm fish, frogs and other aquatic species in the wild and 
impair the workings of human cells in laboratories.
  Many Americans understand the need for appropriate disposal methods 
in their communities. Just last year, Local Hazardous Waste Management 
Program in King County, WA collected over 1,100 lbs of uncontrolled 
substances per month during their Safe Medicine Return Pilot program. 
It is programs like these that will provide a safe means of disposal to 
take prescription drugs off the streets and out of our water.
  I am pleased to introduce the Safe Drug Disposal Act of 2009. It is 
my hope that Congress will consider this important piece legislation to 
keep our communities and waterways free from waste pharmaceuticals.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                          HON. CHARLES W. DENT

                            of pennsylvania

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. DENT. 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 Number: H.R. 1105, the Omnibus Appropriations Act, 2009--
Division B: Commerce, Justice, Science, and Related Agencies 
Appropriations Act, Account: NOAA--Operations, Research and Facilities, 
Title: Delaware River Enhanced Flood Warning System, Legal Name of 
Requesting Entity: Delaware River Basin, Commission Address of 
Requesting Entity: 25 State Police Drive, PO Box 7360, West Trenton, NJ 
08628, Description of Request: To assist the Delaware River Basin 
Commission, in conjunction with NOAA/NWS, USGS and the U.S. Army Corps 
of Engineers, with the enhancement of the basin's flood warning system. 
This enhancement will include the evaluation and improvement of 
existing precipitation and stream gage networks, development of 
additional NOAA flood forecast points in both non-tidal and tidal 
stream reaches, and merger of GIS and Doppler radar technology to 
improve flash flood warning capabilities for smaller watersheds.
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009--
Division B: Commerce, Justice, Science, and Related Agencies 
Appropriations Act, Account: NOAA--Operations, Research and Facilities, 
Title: Flood Awareness and Emergency Preparedness Education Campaign 
Legal Name of Requesting Entity: Nurture Nature Foundation, Address of 
Requesting Entity: 400 Northampton Street, Easton, PA 18042, 
Description of Request: The project will support a flood awareness and 
emergency preparedness education campaign for citizens of flood-prone 
areas. The campaign will be initiated in the recently flooded regions 
along the Delaware River, in the four basin states of Pennsylvania, New 
Jersey, Delaware and New York, but the materials will be applicable 
nationwide.
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009--
Division B: Commerce, Justice, Science, and Related Agencies 
Appropriations Act, Account: COPS Law Enforcement Technology, Title: 
Lehigh Valley Regional Crime Center Technology Infrastructure, Legal 
Name of Requesting Entity: Allentown Police Department, Address of 
Requesting Entity: 435 Hamilton Street, Allentown, PA 18101, 
Description of Request: The Lehigh Valley Regional Crime Center 
Technology Infrastructure project will enhance the effectiveness of a 
bi-county Regional Crime Center by making necessary improvements to the 
facility's technology infrastructure. This will enable the development 
of a comprehensive database that integrates information from 53 local 
law enforcement agencies, and provides agents with new, critical 
analysis capabilities. Providing local law enforcement agencies the 
ability to share and search information will dramatically improve 
efforts to fight crime throughout the region.
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009--
Division B: Commerce, Justice, Science, and Related Agencies 
Appropriations Act, Account: OJP--Byrne Discretionary Grants, Title: 
Anti-Gang Youth Initiative, Legal Name of Requesting Entity: City of 
Allentown and ALERT Partnership, Address of Requesting Entity: 435 
Hamilton Street, Allentown, PA 18101 and 17th and Chew Streets, P.O. 
Box 7017, Allentown, PA 18105, Description of Request: The project will 
enhance and sustain model programs developed through the Allentown 
Anti-Gang Task Force. This task force was created through the Route 222 
Corridor Anti-Gang Initiative, which was funded in 2007 by a Department 
of Justice grant. The project will allow the task force to slow the 
recruitment of youth into the gang lifestyle and develop multi-faceted 
strategies for early intervention to remove young people and teens from 
gangs. Additionally, the project will strengthen partnerships between 
local grassroots and faith-based groups working to combat crime and 
violence.
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009--
Division B: Commerce, Justice, Science, and Related Agencies 
Appropriations Act, Account: OJP--Byrne Discretionary Grants, Title: 
Gang and Youth Violence Security Initiative, Legal Name of Requesting 
Entity: School District of the City of Allentown, Address of Requesting 
Entity: 31 South Penn Street, PO Box 328, Allentown, PA 18105, 
Description of Request: For the past three years the Allentown School 
District has seen an increase in the amount of critical incidents 
involving violent behavior. Recently, national gangs have penetrated 
the region and brought with them a more organized and better supported 
system to augment local gang activity. This has increased the number of 
adjudicated youth in the area, and has increased the severity and 
number of disciplinary issues in Allentown's schools. This initiative 
will enhance security training and equipment to provide for a safer 
Allentown School District. The additional security measures will help 
the district get a better handle on the activities occurring in and 
around its schools.
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009--
Division C: Energy and Water Development and Related Agencies 
Appropriations Act, Account: Corps of Engineers, Investigations--FPMS, 
Title: FPMS: Southeastern, PA, Legal Name of Requesting Entity: U.S. 
Army Corps of Engineers, Philadelphia District (NAP), Address of 
Requesting Entity: 100 Penn Square East, Philadelphia, PA 19107, 
Description of Request: This funding will allow the Army Corps of 
Engineers to provide local communities planning tools that could help 
reduce damages from future flooding in southeastern Pennsylvania. 
Devastating flooding in 2004, 2005 and 2006 caused tremendous damages 
in the region. Providing flood mapping, flood warning, and other non-
structural measures could help to reduce future damages and even help 
save lives.
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009--
Division C: Energy and Water Development and Related Agencies 
Appropriations Act, Account: Corps of Engineers, Investigations, Title: 
Delaware River Comprehensive, NY, NJ, PA & DE, Legal Name of Requesting 
Entity: U.S. Army Corps of Engineers, Philadelphia District (NAP), 
Address of Requesting Entity: 100 Penn Square East, Philadelphia, PA 
19107, Description of Request: This funding will provide for an interim 
feasibility study by the Army Corps of Engineers with the Delaware 
River Basin Commission (DRBC) that will be used to develop a flood 
analysis model and watershed flood management plan, and evaluate and 
enhance the Delaware River Basin's existing flood warning system.
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009--
Division C: Energy and Water Development and Related Agencies 
Appropriations Act, Account: Corps of Engineers, Expenses, Title: Mid-
Atlantic River Commissions, Legal Name of Requesting Entity: Delaware 
River Basin Commission (DRBC), Address of Requesting Entity: 25 State 
Police Drive, P.O. Box 7360, West Trenton, NJ 06828, Description of 
Request: This funding will fulfill the federal obligation established 
in the Delaware River Basin Compact (P.L. 87-328, Article 13, Section 
13.3c) to

[[Page 5837]]

support the Delaware River Basin Commission. Activities to be funded 
include water quality protection, water supply allocation, flood loss 
reduction, drought management, watershed planning, permitting, and 
water conservation.
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009--
Division C: Energy and Water Development and Related Agencies 
Appropriations Act, Account: Energy Efficiency and Renewable Energy 
(EERE), Title: Advanced Power Batteries for Renewable Energy 
Applications, Legal Name of Requesting Entity: East Penn Manufacturing, 
Address of Requesting Entity: Deka Road, Lyon Station, PA 19536, 
Description of Request: Funding will provide for the design, testing, 
and fabrication of new advanced lead acid battery energy storage 
technology that could be used to balance the fluctuating generation of 
electricity in current wind and solar power systems. This technology 
would produce larger, safer, cleaner, and more affordable energy 
storage options than are currently available. This project, conducted 
with Sandia National Laboratories and the Bonneville Power 
Administration, will lead to a new advanced lead acid battery that will 
serve as a longer lasting, cleaner, more affordable, American-made 
solution to the load leveling challenge plaguing several renewable 
energy systems.
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009--
Division C: Energy and Water Development and Related Agencies 
Appropriations Act, Account: Energy Efficiency and Renewable Energy 
(EERE), Title: Clean Technology Commercialization Initiative, Legal 
Name of Requesting Entity: Ben Franklin Technology Partners 
Corporation, Address of Requesting Entity: 125 Goodman Drive, 
Bethlehem, PA 18015, Description of Request: This funding will support 
clean/alternative energy technology development and commercialization 
activities to encourage the development and growth of energy-related 
technologies and companies in Pennsylvania. The initiative will enable 
the Commonwealth to strategically invest in one of its most competitive 
sectors, leverage additional public and private investment, create 
high-wage jobs and help enable sound environmental practices.
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009--
Division C: Energy and Water Development and Related Agencies 
Appropriations Act, Account: Energy Efficiency and Renewable Energy 
(EERE), Title: Fuel Cell Optimization and Scale-Up, Legal Name of 
Requesting Entity: Dynalene, Inc, Address of Requesting Entity: 5250 
West Coplay Street, Whitehall, PA 18052, Description of Request: 
Funding will provide for the development and optimization of methods to 
scale-up production of a new patented fuel cell coolant which is 
already available in sample quantities (1 to 3 gallons). This 
technology uses a base liquid mixture and an additive package. The base 
mixture is designed to have a freezing point below -40  deg.C, thermo-
physical properties similar to the current automotive antifreeze, and 
possesses no flash point. The additive package in the coolant has been 
designed to maintain very low electrical conductivity, a critical 
requirement for cooling fuel cells. No other coolant available today 
can do this job by itself.
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009--
Division C: Energy and Water Development and Related Agencies 
Appropriations Act, Account: Energy Efficiency and Renewable Energy 
(EERE), Title: Lehigh Valley Hospital Photovoltaic Panel Installation, 
Legal Name of Requesting Entity: Lehigh Valley Hospital, Address of 
Requesting Entity: Cedar Crest and I-78, P.O. Box 689, Allentown, PA 
18105, Description of Request: This funding will enable the 
installation of 300 kW of photovoltaic (solar) panels on the roofs of 
multiple buildings at the Lehigh Valley Hospital campus in the City of 
Allentown, PA and the Lehigh Valley Hospital Muhlenberg campus in the 
City of Bethlehem, PA. These photovoltaic panels will produce a 
percentage of the total electricity required for the operation of the 
hospital buildings.
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009--
Division C: Energy and Water Development and Related Agencies 
Appropriations Act, Account: Fossil Energy R&D, Title: ITM Reaction-
Driven Ceramic Membrane Systems, Legal Name of Requesting Entity: Air 
Products and Chemicals, Inc., Address of Requesting Entity: 7201 
Hamilton Boulevard, Allentown, PA 18195, Description of Request: This 
funding will support the development of ITM Oxygen technology for 
industrial-scale oxygen production and ITM Syngas technology for 
production of synthesis gas (hydrogen and carbon monoxide) from natural 
gas. The development of ITM Reaction-Driven ceramic membrane systems 
will synergistically utilize the technology developed in both the ITM 
Oxygen and ITM Syngas projects. ITM Reaction-Driven membranes can be 
integrated into a state-of-the-art gasification system to produce 
synthesis gas to generate advanced electric power, hydrogen, or other 
clean fuels. This versatile technology can be applied in a cost-
effective and environmentally responsible manner to a broad list of 
energy sources, including coal, natural gas, liquid hydrocarbons, 
biomaterials, and waste materials.
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009--
Division D: Financial Services and General Government Appropriations 
Act, Account: SBA, Title: Northampton Community College 
Electrotechnology Applications Center, Legal Name of Requesting Entity: 
Northampton Community College, Address of Requesting Entity: 3835 Green 
Pond Road, Bethlehem, PA 18020, Description of Request: The Northampton 
Community College Electrotechnology Applications Center (ETAC) provides 
confidential assistance to businesses and manufacturers to help them 
increase productivity, improve energy efficiency, and achieve and 
maintain environmental compliance. Specifically, ETAC helps small 
businesses gain a competitive advantage by applying alternative 
technologies to improve heating, drying, coating and curing processes. 
This project addresses a statewide initiative to provide support for 
proactively reducing emissions from the manufacturing sector. Funding 
will be used to continue the Center's small business program which 
helps manufacturers reduce green house gas (GHG), volatile organic 
compound (VOC), and hazardous air pollutant (HAP) emissions. The ETAC 
identifies opportunities to quantify and reduce GHG, VOC and HAP 
emissions by pro-actively marketing grant services, presenting 
workshops and seminars to raise awareness, and conducting the necessary 
training programs to implement solutions. Additionally, ETAC staff 
perform site visits to evaluate businesses' processes, equipment and 
facilities, and provide an unbiased assessment of emissions reduction 
opportunities.
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009--
Division E: Department of the Interior, Environment, and Related 
Agencies Appropriations Act, Account: Save America's Treasures, Title: 
State Theatre Historic Facade, Legal Name of Requesting Entity: State 
Theatre Center for the Arts, Inc., Address of Requesting Entity: 453 
Northampton Street, Easton, PA 18042, Description of Request: The 
project will facilitate significant facade repair and preservation, 
specifically windows and a restored marquee for the State Theatre in 
Easton, PA. These improvements will help enhance and preserve the 
Theatre which has been a key component of efforts to revitalize 
Easton's Historic District.
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009--
Division E: Department of the Interior, Environment, and Related 
Agencies Appropriations Act, Account: STAG Water and Wastewater 
Infrastructure Project, Title: Salford Township, Tylersport Sewer 
Improvements, Legal Name of Requesting Entity: Salford Township, 
Address of Requesting Entity: P.O. Box 54, Ridge Road, Tylersport, PA 
18971, Description of Request: The project will support the 
implementation of a public sewer system in the Tylersport area. The 
total project cost is estimated at $2,200,000. Tylersport Village, 
located in Salford Township, currently has a significantly high 
percentage rate of failing on-lot septic systems. This funding will 
allow for approximately 108 village homes to be connected to a public 
sewer system that is being built to accommodate a new development of 
190 homes in close proximity to the village.
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009--
Division E: Department of the Interior, Environment, and Related 
Agencies Appropriations Act, Account: STAG Water and Wastewater 
Infrastructure Project, Title: Lower Milford Township in Lehigh County 
for wastewater treatment plant construction project, Legal Name of 
Requesting Entity: Lower Milford Township, Address of Requesting 
Entity: 7607 Chestnut Hill Church Road, Coopersburg, PA 18036, 
Description of Request: The project will assist with the construction 
and installation of a municipal sewage treatment plant in Lower Milford 
Township. The plant will provide critically needed infrastructure to 
reach compliance with the Pennsylvania Sewage Facilities Act and the 
Clean Streams Law. Due to the need for public sewage within the 
village, no additional businesses have located in Limeport and no 
expansion of the existing businesses can occur. With the construction 
of a municipal sewer plant, the village of Limeport can experience 
economic growth by attracting new and expanded businesses, tourism and 
the addition of jobs within the community.
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009--
Division F: Departments of Labor, Health and Human Services, and 
Education, and Related Agencies Appropriations Act, Account: Higher 
Education, Title:

[[Page 5838]]

Cedar Crest College, Allentown, PA for nursing curriculum development, 
including purchase of equipment, Legal Name of Requesting Entity: Cedar 
Crest College, Address of Requesting Entity: 100 College Drive, 
Allentown, PA 18104, Description of Request: Funding will be used to 
develop and implement a community-based, direct-care fall prevention 
program to reduce the risk of falling among the elderly population and 
prolong the time in which program participants are able to reside in 
independent living, senior-housing facilities in the Lehigh Valley 
region of Pennsylvania. Funding will be used to redesign a bachelor's-
level nursing gerontology course, including simulation technology; to 
fully integrate a gerontological thread across the new Master of 
Science in Nursing program; to pay for salaries and faculty release-
time needed to establish the program; and to provide portable equipment 
needed to assess and educate senior-citizen participants in their 
homes.
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009--
Division F: Departments of Labor, Health and Human Services, and 
Education, and Related Agencies Appropriations Act, Account: Higher 
Education, Title: Lehigh Career & Technical Institute, Schnecksville, 
PA for purchase of equipment, Legal Name of Requesting Entity: Lehigh 
Career and Technical Institute, Address of Requesting Entity: 4500 
Education Park Drive, Schnecksville, PA 18078, Description of Request: 
This initiative will address the critical workforce shortage of diesel 
technicians and tractor trailer drivers by enhancing the Lehigh Career 
& Technical Institute's technological and instructional capabilities. 
Digital instructional technology investments will enhance distance 
learning opportunities, interactive simulator training, and vehicle 
repair and driver training. This initiative will allow LCTI to develop 
their technological capabilities to include high speed network 
connections to facilitate distance learning, thin client servers and 
computer stations, category six network cable, digital web cameras, 
wireless connectivity, monitors, interactive whiteboards and software. 
Additionally, the funding will allow secondary and postsecondary 
instructors at LCTI to learn the most recent repair procedures and 
logistics operations.
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009--
Division F: Departments of Labor, Health and Human Services, and 
Education, and Related Agencies Appropriations Act, Account: Health 
Resources and Services Administration (HRSA)--Health Facilities and 
Services, Title: HCSC Blood Center, Bethlehem, PA for facilities and 
equipment, Legal Name of Requesting Entity: HCSC (Miller-Keystone) 
Blood Center, Address of Requesting Entity: 1465 Valley Center Parkway, 
Bethlehem, PA 18017, Description of Request: Funding will support 
renovations of the Miller-Keystone Blood Center's main laboratory and 
collection facility. The Miller-Keystone Blood Center is the only 
supplier of blood products to the hospitals in Berks, Carbon, Lehigh, 
Northampton, Southern Luzerne, Upper Bucks and Upper Montgomery (PA), 
and Warren (NJ) counties. Donated blood is tested for safety and 
efficacy and processed into blood products for patient care at the 
laboratory prior to being transported to 17 local hospitals and other 
health care providers.
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009--
Division F: Departments of Labor, Health and Human Services, and 
Education, and Related Agencies Appropriations Act, Account: Health 
Resources and Services Administration (HRSA)--Health Facilities and 
Services, Title: Sacred Heart Hospital, Allentown, PA for purchase of 
equipment, Legal Name of Requesting Entity: Sacred Heart Hospital of 
Allentown, Address of Requesting Entity: 421 Chew Street, Allentown, PA 
18102, Description of Request: This project will support the purchase 
of operating room equipment essential for treatment and service for 
Hospital patients. Specifically, funding will be used to purchase an 
eye microscope for cataract surgeries, a micro drill for orthopedic 
cases, an ECT monitor for treatment of clinical depression, two 
electric operating room beds, and a Glidescope for anesthesia for 
intubations on children and older adults. Sacred Heart Hospital is a 
226-bed, acute care teaching hospital in the City of Allentown.
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009--
Division F: Departments of Labor, Health and Human Services, and 
Education, and Related Agencies Appropriations Act, Account: Health 
Resources and Services Administration (HRSA)--Health Facilities and 
Services, Title: St. Luke's Hospital and Health Network, Allentown, PA 
for purchase of equipment, Legal Name of Requesting Entity: St. Luke's 
Hospital and Health Network, Address of Requesting Entity: 1736 
Hamilton Street, Allentown, PA 18104, Description of Request: Funding 
will be used to purchase equipment for a new technologically advanced 
Operating Suite that is part of a $75 million hospital expansion 
project in the City of Allentown. The Operating Suite is part of an 
expansion project to increase hospital services that will allow St. 
Luke's to meet growing patient needs and improve support service areas.
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009--
Division F: Departments of Labor, Health and Human Services, and 
Education, and Related Agencies Appropriations Act, Account: Substance 
Abuse and Mental Health Services Administration (SAMHSA)--Substance 
Abuse Treatment, Title: Treatment Trends, Inc., Allentown, PA for a 
substance abuse treatment initiative, Legal Name of Requesting Entity: 
Treatment Trends, Inc., Address of Requesting Entity: 18-22 South Sixth 
Street, Allentown, PA 18101, Description of Request: The project will 
enable the implementation of a community-based drug and alcohol 
addiction and PTSD treatment center dedicated to serving Veterans and 
their families. Unfortunately, Veterans returning from combat are at 
great risk to abuse drugs and alcohol as a means to cope with their 
experiences. Additionally, many Veterans suffer from the effects of 
PTSD, which are compounded by substance abuse. The program is designed 
to provide long-term addiction treatment, specialize in the treatment 
of PTSD, and assist Veterans and their families by intervening in 
periods of acute distress.
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009--
Division I: Transportation, Housing and Urban Development, and Related 
Agencies, Account: Buses and Bus Facilities, Title: Bus Purchase, 
LANTA, PA, Legal Name of Requesting Entity: Lehigh and Northampton 
Transportation Authority, Address of Requesting Entity: 1060 Lehigh 
Street, Allentown, PA 18103, Description of Request: The project will 
support the purchase of five heavy-duty transit buses, which will 
improve and expand public transportation services throughout the Lehigh 
Valley region. The Authority's existing fleet of 78 buses must be 
expanded to continue LANTA's successful development efforts, which has 
recently seen a 65 percent increase in transit usage.
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009--
Division I: Transportation, Housing and Urban Development, and Related 
Agencies, Account: Surface Transportation Priorities, Title: 
Realignment and Intersection Improvements on PA Route 248, Bath, PA, 
Legal Name of Requesting Entity: Pennsylvania Department of 
Transportation, Address of Requesting Entity: 1002 Hamilton Street, 
Allentown, PA 18101, Description of Request: This project will provide 
realignment and intersection improvements on PA Route 248 in the 
Borough of Bath, PA. This project will better align existing streets in 
the Borough with PA Route 248 and PA Route 512, which have become major 
thoroughfares for the area's growing population. These improvements 
will help alleviate congestion and enhance safety on increasingly 
critical roads.
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009--
Division I: Transportation, Housing and Urban Development, and Related 
Agencies, Account: Transportation, Community and System Preservation, 
Title: Old Allentown Streetscape Improvements, PA, Legal Name of 
Requesting Entity: City of Allentown, Address of Requesting Entity: 435 
Hamilton Street, Allentown, PA 18101, Description of Request: The 
project will provide streetscape improvements for an urban historic 
district within the City of Allentown that is experiencing 
infrastructure deterioration. Improvements will include curbing and 
sidewalk replacement and the installation of decorative street 
lighting, trees, new ADA compliant handicap ramps, and street pace for 
improved safety at busy crosswalks.
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009--
Division I: Transportation, Housing and Urban Development, and Related 
Agencies, Account: Economic Development Initiative, Title: Renovation 
of a warehouse into a modern facility that will provide services in 
health, education, social services and community development, Legal 
Name of Requesting Entity: Casa Guadalupe Center, Address of Requesting 
Entity: 143 Linden Street, Allentown, PA 18101, Description of Request: 
The project will revitalize a neighborhood warehouse into a modern 
facility that will provide services in health, education, social 
services and community development. The renovated warehouse will become 
a community building that will combine recreation, community 
activities, employment training for young adults and a health clinic 
for uninsured or underinsured individuals.
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009--
Division I: Transportation, Housing and Urban Development, and

[[Page 5839]]

Related Agencies, Account: Economic Development Initiative, Title: 
Establishment of a facility designed to offer specialized therapy and 
counseling services to children and their families, Legal Name of 
Requesting Entity: Children's Home of Easton, Address of Requesting 
Entity: 2000 South 25th Street, Easton, PA 18042, Description of 
Request: The project will allow for the construction of a 1,600 square 
foot facility designed to offer specialized therapy and counseling 
services to youth ages 9 to 21 and their families. This will facilitate 
the Children's Home of Easton's effort to consolidate various locations 
into one centralized site while expanding services. The Center will 
include 2 therapy rooms for clinical staff, a family lounge, an 
activity area and a landscaped courtyard.
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009--
Division I: Transportation, Housing and Urban Development, and Related 
Agencies, Account: Economic Development Initiative, Title: Renovation 
of the Bethlehem YMCA's dormitory, Legal Name of Requesting Entity: 
YMCA of Bethlehem, Address of Requesting Entity: 430 East Broad Street, 
Bethlehem, PA 18018, Description of Request: The project will renovate 
the Bethlehem YMCA's 60-year-old dormitory creating Bethlehem YMCA 
Affordable Housing, LLP. This facility will provide safe and affordable 
housing for low-income, homeless and the working poor men and women. 
Additionally, the Bethlehem YMCA project will create a blend of single 
room occupancy units and efficiency apartments, employ an onsite case 
manager and provide both on and off site services geared towards 
enriching the lives of its residents by not only providing a place to 
stay but means to achieve greater independence.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                           HON. DAVID DREIER

                             of california

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. DREIER. 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, the Fiscal Year 
2009 Omnibus Appropriations Act:


                               Division B

  Requesting Member: Congressman David Dreier
  Bill Number: H.R. 1105, FY2009 Omnibus Appropriations Act
  Account: COPS Law Enforcement Technology
  Legal Name of Requesting Entity: City of Claremont, CA
  Address of Requesting Entity: 207 Harvard Avenue, Claremont, CA 91711
  Description of Request: Provide an earmark of $1.8 million to acquire 
necessary equipment for the Claremont police station and emergency 
operations center (EOC). The activities and use of Federal funds for 
this are consistent with the language authorized by PL 107-273, 116 
Stat. 1758. This is the last year funding will be needed to complete 
this aspect of the program. The City of Claremont will provide $500,000 
(22%) for the local cost share.
  Requesting Member: Congressman David Dreier
  Bill Number: H.R. 1105, FY 2009 Omnibus Appropriations Act
  Account: Office of Justice Programs, Byrne Discretionary Grants
  Legal Name of Requesting Entity: County of Los Angeles Sheriff's 
Department
  Address of Requesting Entity: 47 Ramona Boulevard, Monterey Park, CA 
91754
  Description of Request: Provide an earmark of $300,000 to help create 
``Gang-Coplink,'' an artificial intelligence based software 
application, to enable Federal, State, and local law enforcement 
agencies to more effectively share, integrate, search, and analyze 
information relating to gangs. Coplink is already utilized county-wide 
by all law enforcement agencies and provides accurate and timely crime 
information and crime analysis. Gang-Coplink will import the Los 
Angeles area Cal-Gang database for a new countywide gang intelligence 
analytical information system and will interact with the Regional 
Terrorism Information and Integration System (RTIIS) Coplink. The RTIIS 
also contains the record management system (RMS) data from the other 
police departments in the County as well as Federal law enforcement 
agencies, such as the FBI, ATF, DEA, U.S. Marshals Service, and Bureau 
of Prisons. $200,000 or 2/3 of the funding will be applied to storage 
hardware and $100,000 or 1/3 will be utilized for server hardware. This 
is consistent with the intended and authorized purpose of the OJP Byrne 
Discretionary grants.


                               Division C

  Requesting Member: Congressman David Dreier
  Bill Number: H.R. 1105, FY09 Omnibus Appropriations Act
  Account: Bureau of Reclamation, Water and Related Resources
  Legal Name of Requesting Entity: Inland Empire Utilities Agency
  Address of Requesting Entity: 6075 Kimball Avenue, Chino, CA 91710
  Description of Request: Provide an earmark of $5,000,000 for the 
Inland Empire Regional Water Recycling Project with 50% for purple pipe 
and 50% for storage tanks to produce 100,000 acre feet of new recycled 
water annually. The project is authorized in P.L. 108-361, Title 1, 
Section 103 (d)(3) and additional specific authorization is provided in 
P.L. 110-161, Sec. 210. The total project cost is $226 million. As is 
consistent with law, the federal share is capped at $20 million, which 
is less than 10% of the total cost of the project.
  Requesting Member: Congressman David Dreier
  Bill Number: H.R. 1105, FY09 Omnibus Appropriations Act
  Account: Bureau of Reclamation, Water and Related Resources
  Legal Name of Requesting Entity: San Gabriel Basin Water Quality 
Authority
  Address of Requesting Entity: 1720 West Cameron Ave., Suite #100, 
West Covina, California, 91790
  Description of Request: Provide an earmark of $3,500,000 for the San 
Gabriel Basin Restoration Fund to continue the design, construction, 
and operation of water projects to contain and treat the spreading 
groundwater contamination in the San Gabriel and Central Water Basins. 
The San Gabriel Basin Water Quality Authority was established by 
California State law under SB1679 in 1993 to develop, finance and 
implement groundwater treatment programs in the San Gabriel Basin and 
act as a clearing house for federal funds that have been appropriated 
for these programs. The project is authorized in P.L. 106-554 and this 
request is consistent with the intended and authorized purpose of the 
Bureau of Reclamations Water and Related Resources account. The current 
authorization ceiling for the Restoration Fund has yet to be reached, 
with roughly $7,000,000 yet to be appropriated. The San Gabriel Basin 
Water Quality Authority will provide a minimum of a 35% cost share 
which will come directly from the Water Quality Authority.


                               Division D

  Requesting Member: Congressman David Dreier
  Bill Number: H.R. 1105, FY2009 Omnibus Appropriations Act
  Account: Small Business Administration
  Legal Name of Requesting Entity: Fairplex
  Address of Requesting Entity: 1101 West McKinley Avenue, Pomona, CA 
91768
  Description of Request: Provide an earmark of $300,000 for the 
construction of the Fairplex Trade and Conference Center, an 85,000 
square foot, state-of-the-art conference and exhibition center, 
complete with broadband connectivity, campus-wide wireless integration 
as well as satellite two-way communications geared to attracting and 
benefiting small businesses. The project is sited in the country's 
third largest non-port Foreign Trade Zone (FTZ) and will provide the 
ability to display and demonstrate goods and services to international 
markets via established channels with the local economic council and 
the areas universities. 100 % of the funds will be utilized for ongoing 
construction of the center. The majority of the total cost of the 
project is from non-federal sources including Fairplex (a non-profit 
organization), the City of Pomona, Los Angeles County, private 
donations and competitive grants. This project is consistent with the 
mission of the Small Business Administration.


                               Division E

  Requesting Member: Congressman David Dreier
  Bill Number: H.R. 1105, FY09 Omnibus Appropriations Act
  Account: EPA STAG Water and Wastewater Infrastructure Project
  Legal Name of Requesting Entity: City of Arcadia, California
  Address of Requesting Entity: 240 West Huntington Drive, Arcadia, CA 
91066
  Description of Request: Provide an earmark of $500,000 for the cities 
of Arcadia and Sierra Madre for their Joint Water Infrastructure 
Projects. Arcadia's project will provide for the finalization of the 
design and a share of the construction cost for the Baldwin Reservoir 
Rehabilitation Project. Approximately, $50,000 is for design 
finalization; and the remaining $200,000 for a portion of the 
construction cost of the project. For Sierra Madre's projects, 
approximately $150,000 will be for the design of

[[Page 5840]]

a Water Supply Well to replace an existing well with a new high 
capacity well, and $100,000 for the replacement of undersized water 
transmission and distribution pipelines to improve water reliability. 
Each city will provide a 45% local match to the 55% EPA STAG funding, 
as required.


                               Division F

  Requesting member: Congressman David Dreier
  Bill Number: H.R. 1105, FY09 Omnibus Appropriations Act
  Account: Health Resources and Services Administration (HRSA)--Health 
Facilities and Services
  Legal Name of requesting entity: San Antonio Community Hospital
  Address of requesting Entity: 999 San Bernardino Road, Upland, CA 
91786
  Description of request: Provide an earmark of $761,000 to create a 
new cardiac catheterization laboratory using digital imaging for 
cardiac and vascular diagnosis and intervention. The cost of three new 
cardiac catheterization and cardiovascular imaging and intervention 
machines is approximately $2.8 million. 100% of the funding will help 
purchase one of the new machines, which costs $989,895. San Antonio 
Community Hospital will provide the remaining 24% of the cost of this 
machine. These funds will be generated from community support through 
donations and from operating income. This request is consistent with 
the intended and authorized purpose of the Health Resources and 
Services Administration account.
  Requesting Member: Congressman David Dreier
  Bill Number: H.R. 1105, FY09 Omnibus Appropriations Act
  Account: Health Resources and Services Administration (HRSA)--Health 
Facilities and Services
  Legal Name of Requesting Entity: Methodist Hospital of Southern 
California
  Address of Requesting Entity: 300 W. Huntington Drive, Arcadia, CA 
91007
  Description of Request: Provide an earmark of $904,000 for 
construction of the new patient tower project. Approximately $768,000 
will be used for equipment and IT, including $335,000 for ultrasound 
machines, $114,000 for MRSA detection, $106,000 for IT hardware and 
software and $213,000 for IT equipment. The remaining $136,000 will be 
used for construction. Hospital reserves and debt financing will fund 
$125 million of the patient tower project. The build-out and equipping 
of the Emergency Department depends on grants and philanthropic support 
from the community. A fund-raising campaign to raise $25 million was 
launched with $24 million in gifts and pledges received to date. This 
request is consistent with the intended and authorized purpose of the 
Health Resources and Services Administration account.


                               Division I

  Requesting Member: Congressman David Dreier
  Bill Number: HR 1105, FY09 Omnibus Appropriations Act
  Account: Buses and Bus Facilities
  Legal Name of Requesting Entity: City of Monrovia, CA
  Address of Requesting Entity: 415 S. Ivy Avenue, Monrovia, CA 91016
  Description of Request: Provide an earmark of $237,000 for the 
Station Square Transit Village bus layover and park and ride project. 
100% of the funds will be used to acquire property for the bus layover 
facility and prepare plans for its construction as well as providing 
adequate pedestrian access to the site. This request is consistent with 
the intended and authorized purpose of Buses and Bus Facilities funds. 
The City of Monrovia will provide the 20% local match for this project.
  Requesting Member: Congressman David Dreier
  Bill Number: H.R. 1105, FY09 Omnibus Appropriations Act
  Account: Interstate Maintenance Account
  Legal Name of Requesting Entity: City of Rancho Cucamonga, CA
  Address of Requesting Entity: 10500 Civic Center Drive, Rancho 
Cucamonga, CA 91730
  Description of Request: Provide an earmark of $712,500 for the 
construction of the I-15/Base Line Road Interchange improvements 
project. 100% of the funding will be used for construction of the 
interchange which includes two new bridge structures for the southbound 
on/off ramps, a loop ramp for westbound Base Line Road to southbound I-
15, and the widening of the on and off ramps on the east side. The 
project also improves East Avenue to provide curb, gutter, and 
sidewalks, as well as the widening of the Base Line Road to provide two 
left turn lanes for eastbound Base Line Road to the northbound I-15. 
This request is consistent with the intended and authorized purpose of 
the Federal Highway Administration Interstate Maintenance Discretionary 
Program. The City of Rancho Cucamonga is providing over 70% of the 
total cost of the project, as a local match, through the following 
funding sources: $9,800,000 from Development Impact Fees; $9,200,000 
from the Rancho Cucamonga Redevelopment Agency; $9,800,000 from Measure 
I Funds and $4,600,000 from the City of Fontana.
  Requesting Member: Congressman David Dreier
  Bill Number: H.R. 1105, FY09 Omnibus Appropriations Act
  Account: Buses and Bus Facilities
  Legal Name of Requesting Entity: Foothill Transit
  Address of Requesting Entity: 100 S. Vincent Street, Suite 200, West 
Covina, CA 91790
  Description of Request: Provide an earmark of $1,187,500 to replace 
diesel buses with cleaner burning compressed natural gas (CNG) buses, 
and continue Foothill Transit's efforts to convert its entire 314-bus 
fleet to CNG. 100% of the funds will be used for CNG bus procurement. 
The total budget for this project is $20.6 million, of which 
approximately 25% will derive from state and local funding sources, 
including MOSIP (Municipal Operator Service Improvement Program) and 
Prop 1B (both local), and STA (State Transit Assistance).
  Requesting Member: Congressman David Dreier
  Bill Number: H.R. 1105, FY09 Omnibus Appropriations Act
  Account: Surface Transportation Priorities, Grade Crossings on 
Designated High Speed Rail Corridors
  Legal Name of Requesting Entity: Alameda Corridor-East Construction 
Authority
  Address of Requesting Entity: 4900 Rivergrade Road, Suite A120, 
Irwindale, CA 91706
  Description of Request: Provide an earmark of $1,235,000 for the 
construction of a two-mile railroad trench to grade separate four rail/
highway crossings in the City of San Gabriel, CA (San Gabriel Trench 
Project). 100% of the funding will be used for the construction of the 
San Gabriel Trench. This federal funding provides the match for the 
approximately $388,564,000 (70% of Total Project Cost) in California 
State and Local funding already committed to the Project. In addition, 
provide an earmark of $570,000 to be used to support the construction 
of the San Gabriel Trench Project and other Alameda Corridor-East grade 
separation projects by the Alameda Corridor-East Construction 
Authority. 100% of the funding will be used to support the construction 
of the aforementioned projects.
  Requesting Member: Congressman David Dreier
  Bill Number: H.R. 1105, FY09 Omnibus Appropriations Act
  Account: Surface Transportation Priorities
  Legal Name of Requesting Entity: Metro Gold Line Foothill Extension 
Construction Authority
  Address of Requesting Entity: 406 E. Huntington Drive, Suite 202, 
Monrovia, CA 91016
  Description of Request: Provide an earmark of $237,500 to complete an 
assessment of Transit Oriented Development (TOD) along Phase II of the 
Gold Line Foothill Extension. Approximately, $100,000 or 42% is for 
economic analysis; $100,000 or 42% for engineering; and $37,500 or 16% 
for environmental assessment. This request is consistent with the 
intended and authorized purpose of the Surface Transportation 
Priorities account. This funding will complete the TOD study. The Metro 
Gold Line Foothill Extension Construction Authority will provide a 
minimum of a 20% local cost share with local funds.

                          ____________________




                       NATIONAL PEACE CORPS WEEK

                                 ______
                                 

                        HON. GERALD E. CONNOLLY

                              of virginia

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. CONNOLLY of Virginia. Madam Speaker, I rise today to recognize 
the efforts of our nation's Peace Corps volunteers in honor of National 
Peace Corps Week. Since the establishment of the Peace Corps by 
President John F. Kennedy in 1961, more than 195,000 U.S. Citizens have 
served their country in the cause of peace by living and working in 139 
countries throughout the world. Each Volunteer sent out into the field 
represents another opportunity to dispel myths about the United States, 
to help people of interested countries meet their need for trained men 
and women, and to create lasting bonds of friendship with host country 
citizens. Volunteers are currently providing expertise and development 
assistance to 76 countries and are working to find common ways to 
address global challenges. These Volunteers share their time and talent

[[Page 5841]]

serving as teachers, business advisors, information technology 
consultants, agriculture and environmental specialists, and health and 
HIV/AIDS educators. The Peace Corps has become an enduring symbol of 
our nation's commitment to encourage progress, create opportunity, and 
expand development at the grass-roots level in the developing world.
  I would like to commend our proud nation's Peace Corps volunteers for 
their service, particularly those 58 men and women of the Eleventh 
Congressional District of Virginia who are currently serving as 
volunteers: Lauryn Alleva, Alfred Baldwin, Anne Berwick, Albert Bond, 
Erica Brouillette, Casey Burke, Daniel Cassiday, Alexander Chidakel, 
Kelly Connors, Rhiannon Cooper, David Coscia, Eric Crowder, Kevin 
Dansereau, Ryan Dickriede, David Doane, Scott Estep, Brian Fries, Evan 
Gay, Jeffrey Gilleo, Nathan Graham, Nathan Hernandez, Michaela Hoffman, 
Thomas Holian, Rachel Kavanagh, Matthew Keenan, Dianne Kim, Shinhee 
Kim, Melissa Ko, Rachel Kramer, Phuong-Thuy Le, Hye Lee, Laara Manier, 
Katherine Mariska, Paul Mastin, Alona Mays, Kelly McCormack, Russell 
McDaniel, John McGrath, Jonathan Mellor, Theresa Milstein, Matthew 
Mozingo, Karine Nankam, Trevor Perrier, Jessica Pic, Jennifer Polasek, 
Mathis Pollock, Jonathan Seiden, Hanna Simering, Jonathan Styron, Mary 
Thur, Rachel Vanderburg, Amy Vaughters, Christine Wahle, Joshua 
Wayland, Jessica West, Clemens Weygandt, Courtney Wong, and Dale 
Yurovich. I consider it a great honor to represent these noble men and 
women, who travel great distances and make great sacrifices to help 
reaffirm our country's commitment to helping people help themselves 
throughout the world.
  Madam Speaker, I ask my colleagues to join with me today to 
acknowledge the thousands of Americans who serve and have served as 
Peace Corps Volunteers. They are a great credit to our country, and we 
should applaud them.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                            HON. JEFF MILLER

                               of florida

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. MILLER of Florida. Madam Speaker, pursuant to the Republican 
Leadership standards on earmarks, I am submitting the following 
information regarding earmarks I received as part of the FY 2009 
Omnibus.
  Requesting Member: Congressman Jeff Miller
  Bill Number: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: FHWA Transportation, Community, and System Preservation 
(TCSP) program account.
  Legal Name of Requesting Entity: Santa Rosa County, Florida
  Address of Requesting Entity: 6495 Caroline St., Suite M, Milton, FL 
32570
  Description of Request: $475,000--Four Lane-PD&E Study, State Road 87 
in Santa Rosa County, Florida. I requested these funds to expand the 
Project Development and Environmental (PD&E) study phase for SR 87. The 
study would include a triangular study area defined by the following 
three points: 1) north of Clear Creek Bridge on SR 87 near NAS Whiting 
Field, 2) the intersection of US 90/Glover Lane, and 3) the 
intersection of US 90/SR 87 South. The justification is fivefold: 1) to 
complete a 4-lane regional corridor from the Gulf Coast to the Alabama 
State Line with an ultimate goal to connect to I-65 in Alabama; 2) to 
provide four lanes of capacity for South Santa Rosa hurricane 
evacuation and recovery along the only road which is open when the US 
98, US 90, I-10, and SR 281 bridges are impassable; 3) to provide for 
economic development among existing and planned industrial/commercial 
facilities and tourism attractions that lie along SR 87; 4) to support 
the Hurlburt Field and Eglin Air Force Base military missions of 
national significance; and 5) to solve the issue of additional capacity 
needed through or around the City of Milton which has local and 
regional implications. In FY 06, this project received $4 million in 
SAFETEA-LU, High Priority Projects account. Last year, the project 
received $492,000 in the TSCP Account. I requested funding from the 
Transportation, Community, and System Preservation (TCSP) program 
account.
  The entity to receive funding for this project is Santa Rosa County, 
Florida located at 6495 Caroline St, Suite M, Milton, FL 32570. The 
funding would be used to complete the PD&E study phase and design for 
the project. I certify that neither I nor my spouse has any financial 
interest in this project. Consistent with the Republican Leadership's 
policy on earmarks, I hereby certify that this request (1) is not 
directed to any entity or program named after a sitting Member of 
Congress; (2) is not intended for a ``front'' or ``pass through'' 
entity; and (3) meets or exceeds all statutory requirements for 
matching funds where applicable.
  Requesting Member: Congressman Jeff Miller
  Bill Number: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: FHWA Transportation, Community and System Preservation 
(TCSP) Program
  Legal Name of Requesting Entity: Okaloosa County, Florida
  Address of Requesting Entity: 1804 Lewis Turner Boulevard, Suite 400, 
Fort Walton Beach, FL 32547
  Description of Request: $95,000--Okaloosa County Improvements to 
Fairchild Road and Hare Street, Florida. I requested funding from the 
FHWA Transportation, Community and System Preservation (TCSP) Program. 
This funding would help provide for construction and upgrading of these 
roadways. Both roads serve as an ingress/egress into an industrial 
airpark/airport/military contractor complex. The roads are in need of 
paving, drainage improvements, and widening.
  The entity to receive funding for this project is Okaloosa County, 
Florida, located at 1804 Lewis Turner Boulevard, Suite 400, Fort Walton 
Beach, FL 32547. I certify that neither I nor my spouse has any 
financial interest in this project.
  Consistent with the Republican Leadership's policy on earmarks, I 
hereby certify that this request (1) is not directed to any entity or 
program named after a sitting Member of Congress; (2) is not intended 
for a ``front'' or ``pass through'' entity; and (3) meets or exceeds 
all statutory requirements for matching funds where applicable.
  Requesting Member: Congressman Jeff Miller
  Bill Number: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: FHWA Transportation, Community and System Preservation 
(TCSP) Program
  Legal Name of Requesting Entity: Walton County, Florida
  Address of Requesting Entity: 117 Montgomery Circle, P.O. Box 1355, 
DeFuniak Springs, FL 32435
  Description of Request: $95,000--Choctawhatchee Bay Bridge Widening. 
I requested funding in the FHWA Transportation, Community and System 
Preservation (TCSP) Program account FY09. Funding will support 
additional design, right of way and construction to provide 
enhancements to the Choctawhatchee Bay Bridge in order to allow for 
additional capacity for evacuation purposes and regional economic 
development. The bridge and US Highway 331 are the county's major 
evacuation route and have a 30 hour evacuation time. The Preliminary 
Design and Engineering Study was done in 1995 and 60 percent of the 
design has been completed.
  The entity to receive funding for this project is Walton County, 
Florida, located at 117 Montgomery Circle, P.O. Box 1355, DeFuniak 
Springs, FL 32435. I certify that neither I nor my spouse has any 
financial interest in this project.
  Consistent with the Republican Leadership's policy on earmarks, I 
hereby certify that this request (1) is not directed to any entity or 
program named after a sitting Member of Congress; (2) is not intended 
for a ``front'' or ``pass through'' entity; and (3) meets or exceeds 
all statutory requirements for matching funds where applicable.
  Requesting Member: Congressman Jeff Miller
  Bill Number: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: FHWA Transportation, Community and System Preservation 
(TCSP) Program
  Legal Name of Requesting Entity: Walton County, Florida
  Address of Requesting Entity: 117 Montgomery Circle, P.O. Box 1355, 
DeFuniak Springs, FL 32435
  Description of Request: $237,500--Highway 331 Bridge Replacement in 
Walton County, Florida. I requested funding in the FHWA Transportation, 
Community and System Preservation (TCSP) Program account FY09. Funding 
would be used for design and construction purposes in order to expand 
U.S. 331 to four lanes. The widening would allow an evacuation route 
for residents and visitors of south Walton to evacuate in a timely 
manor in case of hurricanes or other natural disasters. Currently, U.S. 
331 is the sole evacuation route out of south Walton with a 30 hour 
evacuation time. It would also allow a safer transportation corridor 
for workers from north Walton who support the tourism industry in south 
Walton. Upon completion, this project will link Alabama to the Gulf of 
Mexico and U.S. Highway 98 in Florida. The total coast of the project 
is $69,408,000. The Florida DOT has

[[Page 5842]]

funded the segment from the Choctawhatchee Bay Bridge to State Road 20 
at $41,791,000 for right-of-way acquisition. I requested funding for 
Highway 331 widening in Walton County, Florida in fiscal year 2009. The 
entity to receive funding for this project is Walton County, Florida, 
located at 117 Montgomery Circle, P.O. Box 1355, DeFuniak Springs, FL 
32435. The funding would be used for design and construction purpose to 
expand US 331 to four lanes. I certify that neither I nor my spouse has 
any financial interest in this project.
  Consistent with the Republican Leadership's policy on earmarks, I 
hereby certify that this request (1) is not directed to any entity or 
program named after a sitting Member of Congress; (2) is not intended 
for a ``front'' or ``pass through'' entity; and (3) meets or exceeds 
all statutory requirements for matching funds where applicable.
  Requesting Member: Congressman Jeff Miller
  Bill Number: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Army Corps of Engineers General Investigations Account.
  Legal Name of Requesting Entity: Okaloosa County, Florida
  Address of Requesting Entity: 302 N. Wilson St., Suite 302, 
Crestview, FL 32536
  Description of Request: $96,000--Shoreline Protection Project, 
Okaloosa County, Florida. I requested these funds to allow the Army 
Corps of Engineers to conduct a Reconnaissance Study of the Okaloosa 
County shoreline. The Florida Department of Environment Protection's 
Critically Eroded Beaches in Florida report identifies 6.5 miles of 
county beaches and .8 miles of inlet shoreline as ``critically 
eroded.'' The House Transportation and Infrastructure Committee 
authorized the project in June 2006 (Docket 2758). I requested funds 
from the Army Corps of Engineers General Investigations account.
  The entity to receive funding for this project is Okaloosa County, 
Florida located at 302 N. Wilson St, Suite 302, Crestview, FL 32536. I 
certify that neither I nor my spouse has any financial interest in this 
project. Consistent with the Republican Leadership's policy on 
earmarks, I hereby certify that this request (1) is not directed to any 
entity or program named after a sitting Member of Congress; (2) is not 
intended for a ``front'' or ``pass through'' entity; and (3) meets or 
exceeds all statutory requirements for matching funds where applicable.
  Requesting Member: Congressman Jeff Miller
  Bill Number: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Department of Justice Law Enforcement Technology
  Legal Name of Requesting Entity: Okaloosa County
  Address of Requesting Entity: 1804 Lewis Turner Blvd., Ft. Walton 
Beach, FL 32547
  Description of Request: $500,000--Okaloosa County Public Safety 
Communications Interoperability Project. I requested these funds to be 
used to purchase new radio equipment and join the established Florida 
Statewide Law Enforcement Radio System, which is a multi-
jurisdictional, multi-interoperable system. The county's current public 
safety systems are working on outdated technologies and must be 
replaced in order to be updated to FCC mandates and emergency responder 
needs. Decreased radio communication coverage maps have also placed 
emergency responders and property owners at risk. I requested funding 
for this project in the Department of Justice Law Enforcement 
Technology account.
  The entity to receive this funding is Okaloosa County, located at 
1804 Lewis Turner Blvd., Ft. Walton Beach, FL 32547. I certify that 
neither I nor my spouse has any financial interest in this project. 
Consistent with the Republican Leadership's policy on earmarks, I 
hereby certify that this request (1) is not directed to any entity or 
program named after a sitting Member of Congress; (2) is not intended 
for a ``front'' or ``pass through'' entity; and (3) meets or exceeds 
all statutory requirements for matching funds where applicable.
  Requesting Member: Congressman Jeff Miller
  Bill Number: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Small Business Administration Office of Disaster Assistance
  Legal Name of Requesting Entity: University of West Florida
  Address of Requesting Entity: 11000 University Parkway, Pensacola, 
Florida 32504
  Description of Request: $100,000--Florida Business Continuity and 
Risk Management Center, University of West Florida, Pensacola, Florida. 
I requested funding to provide enhanced statewide services of the 
Business Continuity and Risk Management Center (BCRMC) program that 
operates through the existing Florida network of 35 Small Business 
Development Centers associated with seven universities. Funds provide 
for permanent staffing to assist the BCRMC to respond to a reliance on 
contracts with out-of-state companies/subcontractors, keeping dollars 
and jobs in Florida. This project is of great assistance to a large 
number of business owners who need technical assistance with business 
planning, loan application assistance, continuity planning, and 
assistance in identifying potential insurance risks and assessments in 
the wake and aftermath of natural disasters. In FY2008 they received 
$500,000. I requested funds from the Small Business Administration, 
Office of Disaster Assistance account.
  The entity to receive funding for this project is the University of 
West Florida, located at 11000 University Parkway, Pensacola, Florida 
32504. I certify that neither I nor my spouse has any financial 
interest in this project.
  Consistent with the Republican Leadership's policy on earmarks, I 
hereby certify that this request (1) is not directed to any entity or 
program named after a sitting Member of Congress; (2) is not intended 
for a ``front'' or ``pass through'' entity; and (3) meets or exceeds 
all statutory requirements for matching funds where applicable.
  Requesting Member: Congressman Jeff Miller
  Bill Number: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Department of Education, Elementary & Secondary Education 
(includes Funds for the Improvement of Education aka FIE)
  Legal Name of Requesting Entity: The National Flight Academy
  Address of Requesting Entity: 1750 Radford Blvd. Suite C, NAS 
Pensacola, FL 32508
  Description of Request: $190,000--Distance Learning program for 
science, technology, engineering and mathematics curriculum. I 
requested these funds from the Department of Education FIE account for 
a distance learning program at the National Flight Academy. This 
program would implement a Distance Learning Program to teach 7th 
through 12th grade students the relevance of math and science in their 
daily lives through aviation. It will spur their interest in avionics 
and help produce a pipeline of qualified STEM students. The National 
Flight Academy centers on a week-long in-residence school program. The 
Academy has the potential to reach up to 100 million students and their 
parents, as well as more than two million math and science teachers in 
the nation through this program. To date, Florida has provided $1 
million in funding. Last year the Academy received $145,000 in federal 
funds.
  The entity to receive funding for this project is The National Flight 
Academy, located at 1750 Radford Blvd. Suite C, NAS Pensacola, FL 
32508. The funding would be used to provide the wiring and hardware 
components necessary to provide a distance learning capability 
throughout the National Flight Academy complex. I certify that neither 
I nor my spouse has any financial interest in this project. Consistent 
with the Republican Leadership's policy on earmarks, I hereby certify 
that this request (1) is not directed to any entity or program named 
after a sitting Member of Congress; (2) is not intended for a ``front'' 
or ``pass through'' entity; and (3) meets or exceeds all statutory 
requirements for matching funds where applicable.
  Requesting Member: Congressman Jeff Miller
  Bill Number: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Department of Labor, Employment and Training Administration 
(ETA)--Training and Employment Services (TES)
  Legal Name of Requesting Entity: The University of West Florida
  Address of Requesting Entity: 11000 University Parkway Pensacola, FL 
32514
  Description of Request: $333,000--Veterans' training and Employment 
program. I requested these funds from the Department of Labor ETA and 
TES account for veterans' training and Employment programs. This 
program assists veterans with necessary job training and employment 
skill building.
  The entity to receive funding for this project is The University of 
West Florida, located at 11000 University Parkway Pensacola, FL 32514. 
The funding would be used to provide training and employment counseling 
to veterans. I certify that neither I nor my spouse has any financial 
interest in this project. Consistent with the Republican Leadership's 
policy on earmarks, I hereby certify that this request (1) is not 
directed to any entity or program named after a sitting Member of 
Congress; (2) is not intended for a ``front'' or ``pass through'' 
entity; and (3) meets or exceeds all statutory requirements for 
matching funds where applicable.

[[Page 5843]]



                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                             HON. ROY BLUNT

                              of missouri

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. BLUNT. Madam Speaker, pursuant to the Republican standards on 
earmarks, I am submitting the following information regarding earmarks 
I received as part of the H.R. 1105--Omnibus Appropriations Act, 2009.
  Account: Natural Resources Conservation Service--Watershed/flood 
prevention operations
  Legal Name of Requesting Entity: Southwest Missouri Resource 
Conservation and Development, Inc., at Natural Resources Conservation 
Service.
  Address of Requesting Entity: 601 Business Loop 70 West Columbia, 
Missouri 65203
  Description of Request: $287,000 is provided for the Upper White 
River Basin to provide additional conservation technical assistance to 
support the South Missouri Water Quality Project staff for a water 
quality program in southern Missouri. Technical assistance includes 
forestry conservation, urban nutrient management and storm water 
planning, farm nutrient planning for confined animal feeding 
operations, cartography map products, watershed planning and 
assessment, and water quality information and education activities. The 
use of taxpayer funds is justified because this watershed has 
experienced tremendous population growth in the last decade that has 
resulted in an increase in nonpoint source pollution pressure. The 
funding provides
  Account: DOJ--COPS Law Enforcement Technology
  Legal Name of Requesting Entity: Greene County, MO
  Address of Requesting Entity: 933 N. Robberson Springfield, MO 65802
  Description of Request: $800,000 is included for the Greene County 
Emergency Operations Center. It is my understanding this funding is to 
be used for the necessary equipment of the emergency operations center. 
The equipment will include computers, software, televisions, video 
conference equipment and other specialized equipment for the facility. 
The use of taxpayer funds is justified as this equipment is necessary 
for the operation of the EOC. The total equipment required is for 
interoperability of all agencies in the event of a disaster.
  Account: Department of Justice--COPS Law Enforcement Technology
  Legal Name of Requesting Entity: City of Springfield, MO
  Address of Requesting Entity: 840 N. Boonville, Springfield, MO
  Description of Request: $700,000 will be used to help fund 
replacement of the existing Police Department records management system 
and automated field reporting software, hardware and servers. The use 
of taxpayer funds is justified because the funding will enable 
continuous operations and eliminate periods when records are not 
accessible and field reports created by mobile data units are 
disrupted. The technology will enable the sharing of law enforcement 
information with other agencies.
  Account: Department of Justice--COPS Law Enforcement Technology
  Legal Name of Requesting Entity: Taney County, MO
  Address of Requesting Entity: 127 Main St., Forsyth, MO, 65653
  Description of Request: $400,000 will help Taney County, MO to 
purchase and implement a county wide, multi-jurisdiction public safety 
mobile data network as well as a criminal justice information sharing 
system. The use of taxpayer funds is justified because this project 
will greatly enhance overall investigations and increase officer safety 
by enabling them instant access to critical time sensitive information 
on the street, when they need it most.
  Account: Department of Justice--COPS Law Enforcement Technology
  Legal Name of Requesting Entity: Webb City, MO
  Address of Requesting Entity: 200 S. Main St, Webb City, MO 64870
  Description of Request: $150,000 will help to fund provide law 
enforcement technology for Webb City, Missouri. Webb City needs to 
purchase portable radios and mobile vehicle radios of 800 MHz. The use 
of taxpayer funds is justified because the current radios utilize a 150 
MHz frequency that has gaps throughout the city and is very limited 
outside of the city limits. This prevents a seamless channel of 
communication in times of disaster.
  Account: Army Corps of Engineers--Investigations
  Legal Name of Requesting Entity: City of Springfield, MO
  Address of Requesting Entity: 840 N. Boonville, Springfield, MO
  Description of Request: $478,000 will be used to help complete the 
feasibility study and begin pre-construction engineering and design of 
Jordan Creek. The use of taxpayer funds is justified because the Army 
Corps of Engineers study looks at a range of alternatives to the water 
resource needs in the area including non-structural flood damage 
measures, development of environmental and floodplain buffer zones 
along the river, and creation of floodplain overflow wetlands.
  Account: Department of Energy--EERE--Solar Energy
  Legal Name of Requesting Entity: Crowder College
  Address of Requesting Entity: 601 Laclede Avenue, Neosho, MO 64850
  Description of Request: $951,500 will be used to fund programs and 
services at the Missouri Alternative Renewable Energy Technology 
Center. The use of taxpayer funds is justified because the funding will 
be used in part to fund the new center which will be for delivery of 
new business and incubator services and education and training programs 
in constructions technologies and renewable energy. The facility will 
serve as a living laboratory, modeling the best practices known for 
solar and thermodynamics energy systems and striving for zero energy 
consumption and serve as a regional center for renewable energy.
  Account: Department of Energy--EERE--Other
  Legal Name of Requesting Entity: Greene County, MO
  Address of Requesting Entity: 933 N. Robberson, Springfield, MO 65802
  Description of Request: $475,750 will be used to help fund a portion 
of the renovations of the Greene County courthouse. Greene County would 
like to add a green roof to the courthouse. The use of taxpayer funds 
is justified because the roof would serve as an environmentally 
friendly way to insulate the building and control storm water. This 
project is to assist Greene County in our effort to truly be green 
citizens. The energy efficiency of the project and the storm water 
control of the project are the largest benefits to Greene County.
  Account: Army Corps of Engineers--O&M
  Legal Name of Requesting Entity: Army Corps of Engineers--Little Rock
  Address of Requesting Entity: 700 W Capitol Ave # 7340, Little Rock, 
AR 72201
  Description of Request: $6,667,000 will be used by the Corps of 
Engineers for operational and maintenance items at Table Rock Lake 
including rehabilitation of head gates and rehabilitation of powerhouse 
station service units. This request was made by the Administration and 
is the entire operations and maintenance budget for Table Rock Lake. 
The use of taxpayer funds is justified because Table Rock Lake provides 
vital flood control on the White River and is a significant source of 
peak hydropower.
  Account: Department of Interior--EPA--STAG Water and Wastewater 
Infrastructure Project
  Legal Name of Requesting Entity: McDonald County, Missouri
  Address of Requesting Entity: P.O. 345 Pineville, MO 64856
  Description of Request: $500,000 will be used by Public Water Supply 
District (PWSD) #1 for the second phase of a wastewater expansion 
project to augment recently constructed infrastructure financed from 
PWSD funds. The proposed project will supply the Village of Jane with 
needed sewer service. The Village of Jane is a small but rapidly 
growing community in south-central McDonald County on the bank of 
Little Sugar Creek, a 303d impaired waterway. In addition to the 
benefits of improved water quality within the Little Sugar Creek 
watershed and encouraging additional commercial and residential 
development in the area, the proposed project will also provide needed 
wastewater service to properties recently purchased by the McDonald 
County R-1 School District and Crowder College to house a second high 
school campus and a community college campus respectively.
  Account: Health Resources and Services Administration (HRSA)--Health 
Facilities and Services
  Legal Name of Requesting Entity: Ozark Tri-County Health Care 
Consortium
  Address of Requesting Entity: 4301 Doniphan Drive, Neosho, MO 64850
  Description of Request: $476,000 would be used to construct a new 
Federally Qualified Health Center in Cassville, Missouri. The use of 
taxpayer funds is justified because the Health Center will increase 
medical capacity and add full dental services to serve all of Barry 
County by moving from the current leased facility that provides only 
medical services.

[[Page 5844]]

  Account: Health Resources and Services Administration (HRSA)--Health 
Facilities and Services
  Legal Name of Requesting Entity: Missouri Southern State University
  Address of Requesting Entity: 3950 E. Newman Road, Joplin, MO, 64801
  Description of Request: $381,000 would be used for patient simulation 
equipment for education and training of all nursing and allied 
healthcare students. These simulators will allow students to become 
proficient in assessing patients, making decisions and implementing 
care in a real-life setting all without jeopardizing the health and 
safety of real patients. The use of taxpayer funds is justified because 
patient safety and outcome are critically dependent on the competence 
of healthcare personnel.
  Account: Elementary & Secondary Education (includes FIE)
  Legal Name of Requesting Entity: Missouri State University
  Address of Requesting Entity: 901 S. National, Springfield, MO 65804
  Description of Request: $143,000 would be used for the Missouri 
Innovation Academy, an on-campus summer program for high school 
sophomores and juniors from low-income backgrounds. Students will live 
on the Missouri State University campus during the duration of the 
Academy. The use of taxpayer funds is justified because innovation will 
be the key to economic growth in the future and will involve the 
creation and application of technology to treat serious illness, 
address energy needs and other environmental challenges, increase 
national security, and introduce other inventions to improve the 
quality of life and stay competitive at the global level.
  Account: Elementary & Secondary Education (includes FIE)
  Legal Name of Requesting Entity: City of Springfield
  Address of Requesting Entity: 840 N. Boonville, Springfield, MO 65802
  Description of Request: $571,000 would be used for Ready to Learn, 
which is a partnership with the highly utilized Springfield/Greene 
County WIC (Women, Infants, and Children) Clinic, Shady Dell Public 
Preschool and a collaboration of service providers. The use of taxpayer 
funds is justified because this program creates pre-kindergarten 
academic, reading readiness and social and emotional skill development 
to the client population 0 to under 7 years (Missouri preschool age) 
and their families.
  Account: Elementary & Secondary Education (includes FIE)
  Legal Name of Requesting Entity: Joplin Public Schools
  Address of Requesting Entity: PO Box 128, Joplin, MO 64802
  Description of Request: $143,000 would be used for Enhancing Joplin's 
Opportunities by Preparing and Leading Instructional Networking, or 
eJOPLIN, which seeks to transform classrooms for all learners through 
high quality teaching powered by technology. The use of taxpayer funds 
is justified because the funding would be used to provide elementary 
school students the opportunity to be in either an eMINTS classroom or 
an eJOPLIN classroom. These classrooms will include one computer for 
every four students, an LCD projector, a laptop computer for the 
teacher, a Smart Board, educational software and a networked printer.
  Account: Museums & Libraries
  Legal Name of Requesting Entity: Missouri State University
  Address of Requesting Entity: 901 S. National, Springfield, MO 65804
  Description of Request: $143,000 would be used for the Digital 
Archives Initiative: Phase II, which will continue Missouri State 
University's efforts to develop high quality, accessible digital 
collections. The use of taxpayer funds is justified because people in 
Southwest Missouri will have access to larger collections with 
additional important links to Ozarks related people, places, and 
events. To date, grant funds have enabled the department to establish 
and implement a digital imaging program that focuses on important 
regional collections.
  Account: Federal Highway Administration--(TCSP) Transportation & 
Community & System Preservation
  Legal Name of Requesting Entity: Ozarks Transportation Organization
  Address of Requesting Entity: 117 Park Central Square, Springfield, 
MO 65801
  Description of Request: $237,500 will be used for construction of 
Interchange Improvements at 60/65 including flyover ramps and a grade 
separated railroad crossing. Use of taxpayer funds is justified as this 
is the one of the most important interchanges in the region. There is a 
history of severe accidents and high traffic volumes. The current 
interchange configuration was not intended for the traffic volumes that 
are present.
  Account: Federal Highway Administration--Interstate Maintenance
  Legal Name of Requesting Entity: City of Joplin, Missouri
  Address of Requesting Entity: 602 S. Main St. Joplin, MO 64801
  Deception of Request: $152,000 will be used to study the most 
effective way to provide improved access to I-44. The use of taxpayer 
funds is justified because this project will provide access to I-44 for 
the commercial district. The commercial district would become enhanced 
and further developed, which would increase jobs and reduce vacancies 
and blight. The study for purpose and need as well as feasibility and 
location will provide the first step toward constructing this project.
  Account: Federal Highway Administration--(TCSP) Transportation 
Community & System Preservation
  Legal Name of Requesting Entity: Taney County, Missouri
  Address of Requesting Entity: 127 Main Street, Forsyth, MO 65653
  Description of Request: $427,000 will fund rehabilitation of the 
Route 76 bridge over Lake Taneycomo and a roundabout at the Route 76/
Business Route 65 Interchange in Hollister. The use of taxpayer funds 
is justified as this project will address congestion relief, safety and 
infrastructure maintenance.
  Account: Federal Highway Administration--(TCSP) Transportation & 
Community System Preservation
  Legal Name of Requesting Entity: Ozarks Transportation Organization
  Address of Requesting Entity: 117 Park Central Square, Springfield, 
MO 65801
  Description of Request: $1,187,500 will be used to fund safety and 
capacity improvements to the Route 60 Bridge over the James River in 
Greene County Missouri. Changing geological conditions have resulted in 
increased unforeseen costs for the project. Use of taxpayer funds is 
justified as this project is a project of regional significance on the 
statewide system. The bridge is being replaced in conjunction with the 
US60/US65 interchange improvement project, which is the number one 
priority within the Springfield region for both the OTO and MoDOT. This 
project already appears in the STIP and is ready to begin in early 
2009.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                          HON. ELTON GALLEGLY

                             of california

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. GALLEGLY. 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: Rep. Elton Gallegly
  Bill: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Department of Justice, OJP--Byrne Discretionary Grants
  Legal Name of Requesting Entity: County of Ventura
  Address of Requesting Entity: 800 So. Victoria Avenue, Ventura, CA 
93009
  Description of Request: This $280,000 request is for a Crime Lab 
Scanning Electron Microscope with Energy Dispersive Spectroscopy (EDS) 
detector and X-Ray Fluorescence capabilities. The EDS detector can 
identify the major elemental composition of most materials examined as 
evidence in crimes. It is currently the only tool in the laboratory for 
such examinations. The addition of X-Ray Fluorescence capabilities 
increases the analysis sensitivity 10 to 100 times. This will support 
the Ventura County Sheriff's Regional Crime Lab, the only laboratory in 
Ventura County doing DNA profiling and analysis.
  Requesting Member: Rep. Elton Gallegly
  Bill: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Department of Justice, COPS Methamphetamine Enforcement
  Legal Name of Requesting Entity: County of Ventura
  Address of Requesting Entity: 800 So. Victoria Avenue, Ventura, CA 
93009
  Description of Request: This request of $350,000 is for the purpose 
of providing funds for two California Multi-jurisdictional 
Methamphetamine investigators. The Ventura County Combined Agency Task 
Force (VCAT) is a collaborative effort with city, county, state and 
federal law enforcement agencies working toward the disruption, 
dismantlement, apprehension, and arrest of narcotic offenders and drug 
trafficking organizations. Funding would

[[Page 5845]]

be used for two Senior Deputy investigators that will be utilized to 
specifically target mid to large-scale methamphetamine dealers and 
manufacturers and will assist in funding vehicle costs and 
miscellaneous safety equipment for these two positions. These 
investigators will be assigned to the Special Services Division, 
Special Investigations Unit.
  Requesting Member: Rep. Elton Gallegly
  Bill: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Department of Justice, COPS Law Enforcement Technology
  Legal Name of Requesting Entity: City of Lompoc
  Address of Requesting Entity: 100 Civic Center Plaza, Lompoc, CA 
93438
  Description of Request: This request of $825,000 is for the City of 
Lompoc's Gang Activity Surveillance Program (GASP), which aims to 
target early involvement in gang-related activities by Lompoc youth. 
The Lompoc Police Department does not have the necessary equipment and 
manpower to tackle this problem alone. GASP will require the purchase 
of a surveillance vehicle and surveillance cameras with wireless 
capability that can be interfaced with the City of Lompoc's existing 
infrastructure to monitor areas prone to gang activity.
  Requesting Member: Rep. Elton Gallegly
  Bill: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Bureau of Reclamation, Water and Related Resources
  Legal Name of Requesting Entity:
  Calleguas Municipal Water District
  Address of Requesting Entity: 2100 Olson Road, Thousand Oaks, CA 
91360
  Description of Request: The Calleguas Municipal Water District 
Recycling Plant will provide critical support to the mission of 
providing safe and reliable drinking water to the 600,000 people living 
in the District's service area. Each year, the District imports over 
110,000 acre-feet of water through the California Water Project, and 
imports constitute 100 percent of Calleguas' supply. The $2 million 
requested through the Bureau of Reclamation would provide the 25 
percent Federal share to continue construction of a facility that will 
reclaim and reuse over 50,000 acre-feet of water annually. This 
recycled resource will replace water that otherwise would have to be 
imported, with the added benefit of water supply in case of delivery 
interruptions due to natural disasters or attacks on the imported water 
infrastructure. The funding for this project, authorized by P.L. 104-
266, section 1616, will be used for development of a pipeline system 
that would collect and convey brackish groundwater and recycled water 
for direct use, stretching local water supplies. The project will 
facilitate the development of up to 50,000 acre feet of water, per 
year, for municipal and agricultural uses thereby reducing the need to 
import water to the region from Northern California.
  Requesting Member: Rep. Elton Gallegly
  Bill: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Corps of Engineers, Construction
  Legal Name of Requesting Entity: County of Ventura
  Address of Requesting Entity: 800 So. Victoria Avenue, Ventura, CA 
93009
  Description of Request: Matilija Dam is the largest dam in the 
country targeted for removal. The project, authorized in P.L. 110-114, 
section 1001(10), will restore the ecosystem of the Ventura River, 
remove an obstacle preventing the endangered steelhead trout from 
migrating upstream to spawn and restore the natural flow of sand and 
sediment from the mountains to the beaches. The $15 million requested 
will enable the U.S. Army Corps of Engineers to complete the project 
engineering, design and construction work required to move the Matilija 
Dam Ecosystem Restoration Project towards the next stage of completion. 
Federal interest in this project and project cost-benefit ratios are 
documented in the conclusion section of the joint federal-local 
Matilija Dam Ecosystem Restoration Project Feasibility Study, completed 
in 2004 with an estimated total project cost of $130 million. Project 
costs will be shared 65/35 between the U.S. Army Corps of Engineers and 
the Ventura County Watershed Protection District.
  Requesting Member: Rep. Elton Gallegly
  Bill: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Corps of Engineers, Construction
  Legal Name of Requesting Entity: County of Ventura
  Address of Requesting Entity: 800 So. Victoria Avenue, Ventura, CA 
93009
  Description of Request: During flooding in 2005, large volumes of 
alluvium eroded from the banks of Santa Paula Creek and were 
transported downstream and deposited in the U.S. Army Corps of 
Engineers (USACE) fish ladder, damaging the facility and further 
impairing fish passage. This $4 million funding request would be used 
by the USACE to fulfill their responsibility to clear the debris and 
make repairs to the fish ladder and other facilities in the affected 
area.
  Requesting Member: Rep. Elton Gallegly
  Bill: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Corps of Engineers, Investigations
  Legal Name of Requesting Entity: County of Ventura
  Address of Requesting Entity: 800 So. Victoria Avenue, Ventura, CA 
93009
  Description of Request: Encompassing more than 1,600 square miles, 
the Santa Clara River watershed is the largest in Southern California 
and is divided into two almost equal parts by the Los Angeles-Ventura 
County line. Since 1991, a group of more than twenty-six stakeholders 
has been developing the Santa Clara River Enhancement and Management 
Plan (SCREMP) for the 100-year floodplain. Recognizing the continued 
pressure of urbanization in both Los Angeles and Ventura Counties that 
may affect the floodplain and environmental resources in the Santa 
Clara River Watershed, the Ventura County Watershed Protection 
District, Los Angeles County, and the U.S. Army Corps of Engineers 
(USACE) agreed to cooperate in expanding the SCREMP to complete a 
feasibility study for the Santa Clara River Watershed Protection Plan. 
This request of $2 million would represent the USACE's 50% share.
  Requesting Member: Rep. Elton Gallegly
  Bill: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Corps of Engineers, Construction
  Legal Name of Requesting Entity: City of Santa Maria
  Address of Requesting Entity: 110 E. Cook Street, Santa Maria, CA 
93454
  Description of Request: In order to protect the City of Santa Maria 
and the fertile Santa Maria River basin, the U.S. Army Corps of 
Engineers (USACE) built the 26-mile Santa Maria River levee between 
1959 and 1963 at a cost of roughly $5.5 million. In 1998 a 600-foot 
breach occurred west of Santa Maria and flooded agricultural lands. 
Fortunately, the urban areas were not impacted. The USACE spent just 
under $1 million at the time to close the breach and built four small 
groins that attempt to slow the current along that section of the 
levee. In changing its course, the Santa Maria River now attacks a 
portion of the levee directly opposite a large residential development. 
The USACE has stated that they will not provide 100-year flood 
certification, leaving the citizens of Santa Maria vulnerable. This 
request of $8.5 million would provide funding to allow the U.S. Army 
Corps of Engineers to restore and certify the levee thereby saving the 
residents of Santa Maria from having to purchase expensive flood 
insurance. Santa Barbara County has estimated that it will cost roughly 
$26 million to protect northern Santa Barbara County from flood damage.
  Requesting Member: Rep. Elton Gallegly
  Bill: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Department of Health and Human Services, Substance Abuse and 
Mental Health Services Administration (SAMHSA)--Mental Health
  Legal Name of Requesting Entity: County of Ventura
  Address of Requesting Entity: 800 So. Victoria Avenue, Ventura, CA 
93009
  Description of Request: This request of $230,000 is for the Ventura 
County Crisis Intervention Team (CIT) Training Program. The CIT is 
comprised of specially trained law enforcement officers and 
communications specialists trained to respond to mentally ill persons 
in crisis. The goal of this program is to safely de-escalate crisis 
situations involving the mentally ill, reduce the use of incarceration 
to deal with mentally ill persons, and decrease recidivism by referring 
these persons to appropriate treatment. In addition to the coordination 
and teaching of a 40-hours of training, program activities include 
providing information to the local mental health department about 
police contacts with mentally ill individuals, carrying out quarterly 
mental health update trainings at Sheriff stations and police 
departments in Ventura County, conducting 8-hour mini-mental health 
trainings, and educating various community organizations about the CIT 
program and training.
  Requesting Member: Rep. Elton Gallegly
  Bill: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Department of Education, Higher Education (includes FIPSE)
  Legal Name of Requesting Entity: California State University, Channel 
Islands
  Address of Requesting Entity: One University Drive, Camarillo, CA 
93012
  Description of Request: The $500,000 request is for the continued 
development of the Regional Clinical Simulation Technology Laboratory 
at California State University, Channel

[[Page 5846]]

Islands (CSUCI), currently the only four-year public institution of 
higher education in Ventura County. CSUCI is preparing to offer a much-
needed registered nurse licensure program and a bachelor of science in 
nursing degree program. In order to address the need for more nurses, 
CSUCI will need a patient simulation laboratory as a way for students 
to participate in a wide variety of patient scenarios and receive 
critique in a safe environment where repetition and reinforcement do 
not jeopardize patient safety. The initiative has support throughout 
the region, where this will be a one-of-a-kind facility.
  Requesting Member: Rep. Elton Gallegly
  Bill: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Department of Transportation, Federal Highway 
Administration, Transportation & Community & System Preservation
  Legal Name of Requesting Entity: City of Thousand Oaks
  Address of Requesting Entity: 2100 Thousand Oaks Blvd., Thousand 
Oaks, CA 91362
  Description of Request: This request of $5 million is for the 
widening of the US-101 and SR-23 Interchange from the Los Angeles/
Ventura County line to Moorpark Road (US-101) and Hillcrest Drive (SR-
23). The proposed improvements include the extension of existing 
auxiliary lanes in both directions, conversion of auxiliary lanes to 
mixed-flow lanes, addition of a northbound lane, realignment and 
widening of ramps at the interchange, and the construction of 
soundwalls and retaining walls. The improvements are necessary to 
relieve congestion along the 101 and 23 Freeways in the City of 
Thousand Oaks. CalTrans recently began the three-year project to widen 
the Route 23 Freeway connecting to the 101/23 Interchange. Completion 
of the improvements is crucial to achieve the congestion benefits of 
the project. The Ventura County Transportation Commission considers 
both improvements as integral parts of a single congestion relief 
project. Since the widening of the freeway is now underway, the 
interchange improvement needs to move forward without delay.
  Requesting Member: Rep. Elton Gallegly
  Bill: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Department of Housing and Urban Development, Economic 
Development Initiatives
  Legal Name of Requesting Entity: County of Santa Barbara
  Address of Requesting Entity: 105 East Anapamu Street, Santa Barbara, 
CA 93101
  Description of Request: The Lompoc Veterans Memorial Building is 
owned by the County of Santa Barbara and serves as a community resource 
for the area's veterans, non-profit groups and other residents. 
Constructed in 1936, the building is home to several veterans groups. 
It is comprised of multiple offices, a large commercial kitchen, and 
two large halls that are able to accommodate hundreds of people. This 
request of $865,000 is for a number of upgrades that would help bring 
the building up to code. They include improvements to make the building 
more accessible for people with disabilities, enhance safety features 
such as installation of fire rated doors and a fire alarm and sprinkler 
system, heating and plumbing improvements, asbestos and lead paint 
abatement, and the replacement of electric circuitry and the re-wiring 
of the building.
  Requesting Member: Rep. Elton Gallegly
  Bill: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Department of Housing and Urban Development, Economic 
Development Initiatives
  Legal Name of Requesting Entity: City of Santa Paula
  Address of Requesting Entity: 970 Ventura Street, Santa Paula, CA 
93060
  Description of Request: This request for $1.5 million is for the City 
of Santa Paula to assist with its plan to repair and expand public 
athletic facilities and gathering areas at Teague Park. The park, 
initially constructed in 1976, has served as the primary recreation 
area for the City of Santa Paula. Teague Park is the primary recreation 
and gathering site for the majority of Santa Paula residents. Santa 
Paula's rapid population growth has resulted in a significant strain on 
the park's resources and facilities. This heavy use has left the park 
dilapidated and unsafe. The improvements will provide safer sports 
facilities, along with safer, more accessible park amenities for non-
sport uses.

                          ____________________




                        TRIBUTE TO JACK POLLOCK

                                 ______
                                 

                           HON. ADRIAN SMITH

                              of nebraska

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. SMITH of Nebraska. Madam Speaker, I rise today to remember a 
fellow Nebraskan who made our state proud in so many ways. Jack 
Pollock, from the town of Ogallala, Nebraska, was long a fixture in the 
Nebraska newspaper industry and an inductee to the Nebraska Journalism 
Hall of Fame.
  Unfortunately, Jack passed away earlier this week. My heart goes out 
to his wife, Beverly, and his family.
  Each year, the NEBRASKAland Foundation celebrates Nebraska's entrance 
into the union. During this event, the Foundation honors distinguished 
Nebraskans for the impressive contributions to the State of Nebraska.
  This year, Jack was selected to receive the WagonMaster Award, which 
recognizes citizens for their leadership in causes which benefit our 
state or nation, and who have set a tremendous example to others. This 
was an honor which was richly deserved, and I can think of no one 
better.
  Jack's dedication to his craft, his profession, and his community 
truly sets the bar high for the rest of us. He will be missed, but he 
will continue to set an example for others to follow.

                          ____________________




                       NATIONAL PEACE CORPS WEEK

                                 ______
                                 

                          HON. JAMES P. MORAN

                              of virginia

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. MORAN of Virginia. Madam Speaker, I would like to take a minute 
to recognize an enduring legacy of John F. Kennedy--the Peace Corps--in 
recognition of its 48th anniversary this year and to commend 48 
constituents from Northern Virginia currently serving in 35 countries 
around the world. It is an honor to represent these young people, as 
well as to serve with colleagues in both the House and Senate who have 
served our country in the enhancement of citizen diplomacy. I hope all 
Americans will join us in supporting and expanding this enduring 
commitment to convey our values as a nation.
  A year ago, Fareed Zakaria wrote that after last November's election, 
``America will have to move on and restore its place in the world. To 
do this we must first tackle the consequences of our foreign policy of 
fear. Having spooked ourselves into believing that we have no option 
but to act fast, alone, unilaterally and preemptively, we have managed 
in six years to destroy decades of international good will, alienate 
allies, embolden enemies and yet solve few of the major international 
problems we face.''
  The London Financial Times last year reported that the U.S. has 
suffered a significant loss of power and prestige around the world in 
the years since the beginning of this century, limiting our ability to 
influence international crises, according to an annual survey from a 
well regarded British security think-tank. The 2007 Strategic Survey of 
the non-partisan International Institute for Strategic Studies picked 
the decline of U.S. authority as one of the most important security 
developments of the past year--but suggested the fading of American 
prestige began earlier, largely due to our failings in Iraq.
  One of our most special and effective citizen agencies of public 
diplomacy is the Peace Corps. Think of this--more than 195,000 
volunteers have served this venerable legacy of former President 
Kennedy, serving in 139 countries--where they bring our values to other 
peoples, and bring understanding and appreciation of other cultures 
back home.
  The greatest gift of the Peace Corps and other civilian programs is 
not just that ordinary Americans share their values and our culture 
with other peoples, but also that when volunteers return, they bring 
greater understanding and appreciation of other cultures.
  Foreign policy is not just what we do, but also who we are. America 
as a place has often been the great antidote to U.S. foreign policy--
and it should be again. Again, as Mr. Zakaria wrote: ``When American 
actions across the world have seemed harsh, misguided or unfair, 
America itself has always been open, welcoming and tolerant . . .''
  At the end of the day, our openness is our greatest foreign policy. 
We have succeeded not because of the ingenuity of our government, but 
rather because of efforts like this unique program to keep ourselves 
open to the world--to sending our people out across the countries of 
the world to share our unique culture, our goods and services, our 
ideas and inventions, our people and cultures. This openness, this 
civilian diplomacy, has allowed us to make friends across boundaries. 
It will be central to our place as a nation in the future.
  This week, as we celebrate National Peace Corps Week, we honor 
volunteers old and

[[Page 5847]]

young who have served in developing countries since President Kennedy's 
call to service in 1961 in places as diverse as China, Mali, 
Azerbaijan, Macedonia, El Salvador, and Namibia. This can be lonely and 
demanding service, but service that can create enduring friendships and 
values that transcend boundaries and cultures.
  Today, more than 8,000 Peace Corps volunteers around the world are 
currently providing training and education in 76 countries. These 
volunteers each donate their time and skills for over two years, in 
order to make a difference in the world and to promote understanding 
between cultures. By offering their valuable skills and showing a 
passion for helping others, they show the world that Americans value 
learning and cross-cultural exchange.
  Volunteers work in areas of education, health and HIV/AIDS, business 
development, environment, agriculture and youth, and must often be 
creative and flexible when living and working in new cultures and 
learning new languages. The resulting experience is rewarding for all 
involved, and it highlights the importance of cooperation and 
involvement between cultures around the globe.
  When volunteers return home and share their overseas experiences with 
their communities, the Peace Corps helps Americans as much as the 
people in developing countries. From recent college graduates to 
doctors with decades of experience, volunteers choose to use their 
valuable skills and education to help people all over the world, but 
their work affects their lives and our place in the hearts of friends 
around the globe long after returning home.
  This week we remember the dedication and passion of Peace Corps 
volunteers, young and old, current and returned. We thank them for 
their service, and encourage more Americans to volunteer with the Peace 
Corps.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                            HON. TIM MURPHY

                            of pennsylvania

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. TIM MURPHY of Pensylvania. 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, Omnibus Appropriations Act, 2009:
  Requesting Member: Congressman Tim Murphy
  Bill Number: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Department of Justice, COPS Law Enforcement Technology
  Legal Name of Requesting Entity: City of Greensburg Police Department
  Address of Requesting Entity: 416 South Main Street, Greensburg, 
Pennsylvania, 15601 Description of Request: Appropriation in the amount 
of $435,000 for the City of Greensburg Police Department Emergency 
Communications Interoperability System and Upgrades will allow for the 
purchase and installation of a dual 800 MHZ Interoperable Radio System 
for the police department. This system will permit an upgrade of the 
Department's communications system and provide interoperability 
communications with other departments and first responders within 
Westmoreland County. The City of Greensburg Police Department provides 
dispatching service to the City of Greensburg, Southwest Greensburg, 
South Greensburg and Seton Hill University; therefore, this 
communications system is essential to allowing uninterrupted 
communications with all Westmoreland County Police and Fire 
Departments.
  Requesting Member: Congressman Tim Murphy
  Bill Number: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Department of Justice, COPS Law Enforcement Technology
  Legal Name of Requesting Entity: Heidelberg Police Department
  Address of Requesting Entity: 1631 East Railroad Street, Carnegie, 
Pennsylvania, 15106
  Description of Request: Appropriation in the amount of $10,000 for 
Technology Upgrades and Navigational Systems. Heidelberg Borough Police 
Department Technology Upgrades are necessary for the purchase of shared 
technology, police mobile data terminals and navigational systems. 
These technology upgrades will allow for faster and safer response 
during police stops and investigation detentions. These upgrades will 
assist with officer safety and information sharing and bring the 
Department into the 21st century.
  Requesting Member: Congressman Tim Murphy
  Bill Number: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Department of Justice, OJP, Byrne Discretionary Grants
  Legal Name of Requesting Entity: Washington County District Attorney
  Address of Requesting Entity: Washington County Courthouse, 
Washington, Pennsylvania, 15301
  Description of Request: Appropriation in the amount of $220,000 for 
the Washington County District Attorney's Drug Task Force Equipment and 
Technology Improvement Initiative. The Drug Task Force Equipment and 
Technology Improvement Initiative aims to benefit the Washington County 
District Attorney's Drug Task Force (WCDA-DTF) in their combined goal 
to fight the drug problems in the area. The WCDA-DTF is comprised of 45 
officers, a majority of whom work for the 14 municipal police 
departments in the 18th Congressional District. Funding will provide 
the Drug Task Force and officers with the tools to fight, neutralize, 
and defeat the scourge of drugs in Washington County. The equipment 
will help the Drug Task Force and the District Attorney's office 
communicate, build cases, conduct undercover surveillance, coordinate 
activity, observe criminal activity, and prosecute drug crime.
  Requesting Member: Congressman Tim Murphy
  Bill Number: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Department of Justice, OJP, Juvenile Justice Account
  Legal Name of Requesting Entity: West Jefferson Hills School District
  Address of Requesting Entity: 835 Old Clairton Road, Jefferson Hills, 
Pennsylvania, 15025 Description of Request: Appropriation in the amount 
of $500,000 for the Alternative Education Program. Funding will be used 
for the establishment of a District Alternative Education program that 
will provide quality services for students who have been identified as 
students ``at risk'' and have not been able to comply with the 
established rules and regulations of the traditional classroom/school. 
Students who attend this program will be afforded the opportunity to 
have access to a quality education designed to meet individual needs.
  Requesting Member: Congressman Tim Murphy
  Bill Number: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Energy and Water, Corps of Engineers, Construction Account
  Legal Name of Requesting Entity: Locks and Dams 2, 3 and 4, 
Monongahela River, PA Address of Requesting Entity: Pittsburgh District 
at the Wm. S. Moorehead Federal Bldg. 100 Liberty Avenue, Room 1828, 
Pittsburgh, PA 15222
  Description of Request: Appropriation in the amount of $15,900,000 
for the Lower Monongahela River Project is located in Southwestern 
Pennsylvania and was authorized for construction by the Water Resources 
Development Act (WRDA) of 1992. This project addresses the deteriorated 
condition of the navigation facilities along the Lower Monongahela 
River. The project is to build a new dam at 2 (Braddock), new locks at 
4 (Charleroi) and then to remove the Locks and Dam at 3 (Elizabeth), 
creating a single 30 mile pool. The dam at 2 is now complete but the 
old dam 3 cannot be removed until the locks are completed at 4. 
Specific concerns were the very real risks of navigation system failure 
related to the poor structural condition of Locks & Dam 3, and the fact 
that industry must continue to rely on a single chamber at Locks 4 on 
the Monongahela River. Ground was broken in 1994 and the project was to 
be completed in 2004 or in 10 years. However, the slow pace of funding 
forced inefficient decisions, which now mean the best schedule for 
total project completion, now 2016, provided that the project continues 
to receive optimal funding. The funding delays created greater than 
normal maintenance problems. The condition and sustained operability of 
Locks and Dam 3, and Locks 4 is a significant and growing concern. The 
100-year-old Locks and Dam 3 are among the oldest structures operating 
on the inland navigation system, and the most structurally deficient 
navigation facility on the Monongahela River. The larger locks will 
afford industry a 27% savings in economy scale. The challenge is to put 
the Lower Monongahela River Project on an efficient funding schedule.
  Requesting Member: Congressman Tim Murphy
  Bill Number: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Energy and Water, Corps of Engineers, Investigations Account
  Legal Name of Requesting Entity: Upper Ohio Navigation Study
  Address of Requesting Entity: Pittsburgh District at the Wm. S. 
Moorehead Federal

[[Page 5848]]

Bldg. 100 Liberty Avenue, Room 1828 Pittsburgh, PA 15222
  Description of Request: Appropriation in the amount of $4,015,000 for 
the Upper Ohio River, defined as Emsworth, Dashields, and Montgomery 
(EDM) Locks and Dams, is a multi-year feasibility investigation to 
determine the best navigation improvement project. EDM are the three 
oldest locks on the Ohio River navigation system. Two major problems 
associated with the locks are: 1) their structural condition; and 2) 
the lock chamber sizes are too small to efficiently accommodate modern 
tow configurations.
  Requesting Member: Congressman Tim Murphy
  Bill Number: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Energy and Water, Corps of Engineers, Section 206 Account
  Legal Name of Requesting Entity: Canonsburg Lake Ecosystem 
Restoration
  Address of Requesting Entity: Pittsburgh District at the Wm. S. 
Moorehead Federal Bldg. 100 Liberty Avenue, Room 1828 Pittsburgh, PA 
15222
  Description of Request: Appropriation in the amount of $0 for the 
Canonsburg Lake Aquatic Restoration. This project will implement a 
Corps of Engineers Section 206 Aquatic Restoration Feasibility Study. 
Restoring the aquatic ecosystem of the lake that has been severely 
degraded by sediment deposition. Dredging the sediment from the lake is 
proposed to enhance the ecosystem for fish species and other aquatic 
life, restore adequate water levels and create additional wetlands on 
site.
  Requesting Member: Congressman Tim Murphy
  Bill Number: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Interior, EPA, STAG Water & Wastewater Infrastructure 
Project
  Legal Name of Requesting Entity: Borough of Dormont
  Address of Requesting Entity: 1444 Hillsdale Avenue, Pittsburgh, 
Pennsylvania, 15216
  Description of Request: Appropriation in the amount of $138,000 for 
the Mattern Avenue Storm Sewer Project. The Mattern Avenue storm sewers 
in Dormont borough are flawed in their design and need to be replaced. 
Runoff from a nearby hill is not being carried into the sewer and the 
runoff water is lying in the basin. The original storm sewer design was 
flawed. During the winter months, a sheet of ice between six to twelve 
inches thick develops over the storm sewers and along Mattern Avenue, a 
high mileage road. This creates a major safety concern. In order to 
remedy this problem, the existing storm sewers will need to be replaced 
along Mattern Avenue and two additional storm sewers will need to be 
added at the basin. This will ensure that runoff is being collected and 
carried into the storm sewers.
  Requesting Member: Congressman Tim Murphy
  Bill Number: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Department of Transportation, Transportation, Community & 
System Preservation
  Legal Name of Requesting Entity: Allegheny County Department of 
Economic Development
  Address of Requesting Entity: Regional Enterprise Tower, Suite 800, 
425 Sixth Avenue, Pittsburgh, PA 15219
  Description of Request: Appropriation in the amount of $570,000 for 
the Grove Road Bridge Replacement. Castle Shannon Bridge over Saw Mill 
Run in Castle Shannon is functionally obsolete and borderline 
structurally deficient. The bridge is heavily travelled with a large 
volume of traffic daily which presents a number of safety concerns for 
motorists. The bridge is also a link in access to a large Port 
Authority Park and Ride serving the T-line.
  Requesting Member: Congressman Tim Murphy
  Bill Number: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Department of Transportation, Transportation, Community & 
System Preservation
  Legal Name of Requesting Entity: Moon Transportation Authority
  Address of Requesting Entity: 1000 Beaver Grade Road, Moon Township, 
PA 15108
  Description of Request: Appropriation in the amount of $95,000 for 
the Thorn Run Interchange Upgrade. This project will alleviate 
congestion, improve mobility, and protect motorists by reconfiguring 
and signalizing the intersections at the Thorn Run Road Interchange. 
Currently, motorists navigate broad and un-signalized intersections 
with a higher than average frequency of accidents. The proposed 
improvements mainly consist of four traffic signals, sidewalks, roadway 
widening, new concrete shoulders, and a culvert extension.
  Requesting Member: Congressman Tim Murphy
  Bill Number: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Department of Housing & Urban Development, Economic 
Development Initiative Account
  Legal Name of Requesting Entity: Borough of Bridgeville, PA
  Address of Requesting Entity: 425 Bower Hill Road, Bridgeville, 
Pennsylvania, 15017
  Description of Request: Appropriation in the amount of $228,000 for 
the Borough of Bridgeville Streetscape Project along Washington Avenue. 
Funds will be used to remove and replace raised sidewalk slabs and aged 
trees along Washington Avenue in Bridgeville Borough. The current 
sidewalk slabs are raised and causing dangerous conditions for 
pedestrians. In addition, funds will be used to install tree gates and 
boxes for overall aesthetic and safety enhancements.
  Requesting Member: Congressman Tim Murphy
  Bill Number: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Department of Housing & Urban Development, Economic 
Development Initiative Account
  Legal Name of Requesting Entity: Washington County Council on 
Economic Development
  Address of Requesting Entity: 40 South Main Street, Lower Level, 
Washington, PA 15301
  Description of Request: Appropriation in the amount of $199,500 for 
the Starpointe Business Industrial Park, Washington County Council on 
Economic Development. Funding will be used for redevelopment of a 148-
acre coal stripped site at the intersection of Routes 18 and 22. This 
project is the first phase of a 1,153 development in the Pittsburgh 
International Airport Market Area. Funding will be used to develop an 
additional 50 acres of the site and complete the remainder of the 
project. The total capital investment upon completion of this project 
will be $69,000,000. In addition this project will add approximately 
150 jobs to the development.
  Requesting Member: Congressman Tim Murphy
  Bill Number: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Department of Education, Elementary & Secondary Education 
Account
  Legal Name of Requesting Entity: Pittsburgh Symphony Orchestra
  Address of Requesting Entity: 600 Penn Avenue, Pittsburgh, 
Pennsylvania, 15222
  Description of Request: Appropriation in the amount of $238,000 for 
the Pittsburgh Symphony Orchestra for curriculum development. Funding 
will be used to partially finance the Education & Community Engagement 
program. Whether engaging infants and toddlers through the Early 
Childhood Program, performing for thousands of schoolchildren through 
Schooltime and Tiny Tots concerts at Heinz Hall, raising money for 
community projects through Community Engagement concerts or 
participating in other education or community projects, Pittsburgh 
Symphony Orchestra (PSO) musicians have immersed themselves in the 
greater Pittsburgh community. Nearly 100,000 schoolchildren, adults and 
seniors are reached through a broad array of programs. Education 
programs fill the gaps of music program budget cuts in the schools as 
musicians join educators and PSO staff to plan, implement and evaluate 
programs that target the very young through high school-aged students. 
Programs take place in the schools and at Heinz Hall. Community 
Engagement programs connect audiences throughout the Pittsburgh region 
with the PSO using a variety of innovative outlets. Most community 
Engagement concerts raise money for community causes as 100% of ticket 
proceeds of these performances stay in the community. In 2005-2006 over 
$50,000 was raised for community projects in seven different 
communities.
  Requesting Member: Congressman Tim Murphy
  Bill Number: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Department of Health & Human Services, Administration for 
Children & Families, Social Services Account
  Legal Name of Requesting Entity: AAdvantage Foundation Inc.
  Address of Requesting Entity: 201 South Johnson Road, Foxpointe 
Centre, Suite 200, North Strabane, Pennsylvania, 15342
  Description of Request: Appropriation in the amount of $95,000 for 
The Arc of Washington County, AAdvantage Foundation Inc. The Arc of 
Washington County would provide a much needed resource for individuals 
with disabilities in Washington County, Pennsylvania. The creation of 
The Arc of Washington County will enable AAdvantage, as an agency, to 
work

[[Page 5849]]

collaboratively with The Arc of the United States to improve systems of 
supports and services, to connect families, to inspire communities and 
to influence public policy. It is also the agency's intent that the 
programs established will assist in early identification of 
disabilities, thus decreasing the long-term dependence on national 
resources. The funding being requested will be used for costs 
associated with the development of The Arc of Washington County to 
assist in enhancing the health and well-being of individuals with 
disabilities.
  Requesting Member: Congressman Tim Murphy
  Bill Number: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Department of Health & Human Services, Health Resources & 
Services Administration, Health Facilities & Services Account
  Legal Name of Requesting Entity: Excela Health Westmoreland Hospital
  Address of Requesting Entity: 532 West Pittsburgh Street, Greensburg, 
Pennsylvania, 15601
  Description of Request: Appropriation in the amount of $381,000 for 
facilities and equipment, Mercy Jeannette Hospital will become a campus 
of Excela Health Westmoreland Hospital, joining Excela Health's network 
of care to better serve the Western Pennsylvania community. To reflect 
the changes, the hospital is to be renamed Excela Health Westmoreland 
Hospital at Jeannette. To strengthen the quality of care offered in the 
Jeannette community and provide much needed capital for facility and 
equipment enhancements, Excela Health will invest approximately $10 
million in capital over the next five years. The federal funds asked 
for are just the first step in a larger project to make the facility 
serving Jeannette and surrounding communities viable for the future. 
This phase includes updating the radiology equipment, dietary, 
outpatient areas in addition to needed infrastructure repairs and 
upgrades. Excela Health will be doing an on-going evaluation of the 
kinds of services that best meet the needs of this community including 
the possible addition of a Federally Qualifies Health Center for this 
medically underserved area.
  Requesting Member: Congressman Tim Murphy
  Bill Number: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Department of Health & Human Services, Health Resources & 
Services Administration, Health Facilities & Services Account
  Legal Name of Requesting Entity: Western Pennsylvania Hospital, 
Forbes Regional Campus
  Address of Requesting Entity: 2570 Haymaker Road, Monroeville, 
Pennsylvania, 15146
  Description of Request: Appropriation in the amount of $476,000 for 
the purchase of equipment. Funding will be used to purchase patient 
lifting devices to be used for patients who require assistance with 
mobilization. Hospital patients will benefit from this project as 
efforts to move a patient without adequate assistance can result in 
patient harm. Hospital staff will benefit from this project as improper 
lifting can result in staff injuries. In the past three years the 
hospital has had total estimated losses of $180,000 resulting from 
lifting and transfer related injuries
  Requesting Member: Congressman Tim Murphy
  Bill Number: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Department of Labor, Employment & Training Administration, 
Training & Employment Services Account
  Legal Name of Requesting Entity: Plumbers Local Union 27 & 
Steamfitters Local Union 449
  Address of Requesting Entity: Plumbers Local Union 27 and the 
Steamfitters Local Union 449 at 1040 Montour West Industrial Park, 
Coraopolis, Pennsylvania, 15108 and 1517 Woodruff Street, Pittsburgh, 
Pennsylvania, 15220
  Description of Request: Appropriation in the amount of $190,000 for 
the Western Pennsylvania Pipe Trades Regional Training Project. The 
members of the Steamfitters Local Union no. 449 and the Plumbers Local 
Union No. 27 are professionals that work together to meet difficult 
schedules and solve unusual mechanical requirements and applications in 
today's competitive marketplace. Both unions address the need for more 
skilled workers by providing a comprehensive, extensive training 
program for those entering the pipe trades industry. The Plumbers Local 
Union No. 27 Apprenticeship Program focuses on teaching students about 
codes, drainage and water supply. This program offers training for 
commercial work on commercial and industrial buildings larger than 
three stories, including the installation of the water and gas systems 
in large multipurpose dwellings, such as apartment buildings or major 
nursing and assisted living homes. Their work in hospitals is 
particularly important, as they install the systems that distribute 
oxygen and other essential medical gases to operating, recovery and 
patient rooms. The Steamfitters Local Union No. 449 Apprenticeship 
Program focuses on areas such as refrigeration, steam heating and 
welding. The program offers instruction on the installation and 
maintenance of the pipes that carry hot water, steam, air or other 
liquids or gases needed for manufacturing or other industrial purposes. 
The Steamfitters Local 449 and The Plumbers Local 27 are feeling the 
pinch for more trained apprentices for the construction, high tech, and 
manufacturing industries in the Western Pennsylvania area. In addition, 
there is a shortage of proficient welders now and in the near future. 
Due to the decline in economy, unemployed pipe trade union workers need 
to be retrained in order for them to be proficient in the pipe welding 
and plumbing maintenance to help keep the above mentioned buildings 
running efficiently. In addition to retraining unemployed union 
workers, new apprentices need to go through the proper classes and gain 
the best education in order to master the required skill.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                         HON. GUS M. BILIRAKIS

                               of florida

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. BILIRAKIS. 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 for Fiscal Year 2009.
  Member requesting: Congressman Gus M. Bilirakis
  Bill number: H.R. 1105
  Account: COPS Law Enforcement Technology
  Name of requesting entity: Hillsborough Community College
  Address of requesting entity: 39 Columbia Drive, Tampa, Florida 33606
  Description: The $200,000 will be used to help HCC obtain a state-of-
the-art firearms training simulator for its Public Safety Training 
Center. This funding is justified because the COPS law enforcement 
technology program is designed to help incorporate new technology in 
crime-fighting efforts.
  Bill number: H.R. 1105
  Account: COPS Law Enforcement Technology
  Name of requesting entity: City of Plant City
  Address of requesting entity: 502 West Reynolds Street, Plant City, 
Florida 33563
  Description: The $300,000 will be used to help the Plant City Police 
Department obtain a fully-functional mobile incident command post. This 
funding is justified because the COPS law enforcement technology 
program is designed to help incorporate new technology in crime-
fighting efforts.
  Bill number: H.R. 1105
  Account: Operations and Maintenance
  Name of requesting entity: Tampa Port Authority
  Address of requesting entity: 1101 Channelside Drive, Tampa, Florida 
33602
  Description: The $4,224,000 will be used for needed periodic dredging 
in the 70 miles of federal channel of Tampa Harbor. This funding is 
justified because of federal interests in maintaining the safety and 
navigability of federal waterways.
  Bill number: H.R. 1105
  Account: HRSA Health Facilities and Services
  Name of requesting entity: BayCare Health System
  Address of requesting entity: 16331 Bay Vista Drive, Clearwater, FL 
33760
  Description: The $523,000 will be used to develop a medication point-
of-entry for physicians in support of BayCare's electronic health 
record initiative. This funding is justified because HRSA health 
facility and service funds are designated for health care and 
construction programs to improve the delivery of health care services.
  Bill number: H.R. 1105
  Account: HRSA Health Facilities and Services
  Name of requesting entity: University Community Hospital/Pepin Heart 
Hospital
  Address of requesting entity: 3100 East Fletcher Avenue, Tampa, 
Florida 33613

[[Page 5850]]

  Description: The $238,000 will be used to obtain a magnetic 
navigation system to help improve patient care, physician training, and 
clinical research within its cardiovascular center. This funding is 
justified because HRSA health facility and service funds are designated 
for health care and construction programs to improve the delivery of 
health care services.
  Bill number: H.R. 1105
  Account: HRSA Health Facilities and Services
  Name of requesting entity: University of South Florida College of 
Education
  Address of requesting entity: 4202 East Fowler Avenue, Tampa, Florida 
33620
  Description: The $190,000 will be used to provide continuing 
education and a database for the public on available cancer clinical 
trials to improve patient outcomes. This funding is justified because 
HRSA health facility and service funds are designated for health care 
and construction programs to improve the delivery of health care 
services.
  Bill number: H.R. 1105
  Account: Economic Development Initiatives
  Name of requesting entity: City of Clearwater, Florida
  Address of requesting entity: 112 South Osceola Avenue, Clearwater, 
Florida 33756
  Description: The $237,500 will be used for infrastructure 
improvements to revitalize downtown Clearwater. This funding is 
justified because HUD economic development funds are specified to help 
local governments improve public infrastructure and increase economic 
development.
  Bill number: H.R. 1105
  Account: Transportation and Community and System Preservation
  Name of requesting entity: City of Tarpon Springs, Florida
  Address of requesting entity: 324 East Pine Street, Tarpon Springs, 
Florida 34689
  Description: The $380,000 will be used to provide street 
reconstruction and enhancements along Lemon Street and increase 
residential and commercial development. This funding is justified 
because Federal Highway Administration Transportation, Community, and 
System Preservation program is designed to provide funds to local 
governments to implement strategies to improve the efficiency of their 
transportation systems and encourage private sector development.

                          ____________________




   CARIBBEAN ECONOMIC CRISIS--IMPORTANCE OF THE UNITED STATES SUPPORT

                                 ______
                                 

                         HON. CHARLES B. RANGEL

                              of new york

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. RANGEL. Madam Speaker, I stand before you today to acknowledge 
the importance of the United States' presence in the Caribbean during 
these difficult economic times and to enter into the record an 
editorial from the Carib News by Basil Wilson entitled ``Jamaica and 
the World Economy.''
  As the world deals with the difficult economic challenges, there 
needs to be a renewed economic commitment to the Caribbean nations, who 
are also suffering from the spiraling effect of the weakened world 
economy.
  For many years, the United States has cultivated a relationship with 
the Caribbean that involved a strong history of generous remittances 
and a prospering reciprocal trade relationship. As a result, both the 
U.S. and the Caribbean have benefited.
  The United States must continue to uphold strong trading ties with 
the Caribbean islands to make certain their Gross Domestic Product is 
not greatly compromised. This is also not the time to decrease our 
level of relief efforts in the Caribbean community. We must understand 
that an economic decline in the First World results in an economic 
catastrophe in these Caribbean areas.
  As the world tries to gain control of the wavering economic calamity, 
let us not forget that our neighbors and friends in the Western 
Hemisphere are also dealing with the adverse effects of the global 
economy. It is especially during these times when there is a greater 
reliance on the Caribbean Diaspora's kindness and compassion to sustain 
the economic viability of their families. The U.S. government needs to 
be aware of the needs of the governments in the region for assistance 
in providing a necessary social safety net.

                          ____________________




                         TRIBUTE TO HANS SMITH

                                 ______
                                 

                             HON. JIM COSTA

                             of california

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. COSTA. Madam Speaker, I rise today to pay tribute to the life of 
Hans Smith of Fresno, California who passed away at the age of 66 years 
old. Hans is survived by his wife Janet and his sons Chris and Esben 
along with their families.
  Hans was born on February 16, 1942 in Sacramento, California to Frank 
and Josephine Smith. Hans grew up in Sacramento and attended local 
schools graduating from Sacramento High School in 1959. He next 
graduated from Fresno State University with a degree in Industrial 
Technology. Upon graduating he went to work for IBM in San Jose, 
California. While at Fresno State he met his future wife, Janet. 
Following Janet's graduation, they married and made their home in Los 
Gatos, California. While living in Los Gatos, Hans and Janet had their 
two sons, Chris and Esben. Wanting to raise their children in a less 
stressful environment, Hans and Janet moved to Raisin City, California 
in 1975. Hans became a farmer when he and Janet bought 40 acres of 
prunes.
  Hans worked for his father-in-law, who was also a farmer, while 
getting his own farm started. Hans' farm was truly a family farm. Hans 
and his wife and sons could often be found working together in the 
orchard. Hans joined Sunsweet Growers in 1975. He remained a loyal 
Sunsweet grower for the next 33 years. Hans planted another 80 acres of 
prunes in 1980. When the new orchard came into production, Hans was 
able to stop working for his father-in-law. The farm was still a family 
affair with Hans and his sons taking care of most of the work.
  Hans was elected to the Board of Directors of Sunsweet Growers in 
1985. He served on the board for the next 23 years, until his death. 
Hans was a tireless promoter for the prune industry and Sunsweet in 
particular. He was always available to any grower who had questions 
about prunes. He gave help and advice to many growers when they entered 
into the prune industry. Beginning in 1998, Hans diversified into the 
raisin and almond industries. He farmed 180 acres at the time of his 
death.
  It goes without saying that Mr. Hans Smith was an honorable man with 
a commitment to family, friends and Sunsweet that will forever live in 
the lives of the people he so graciously touched. I am honored and 
humbled to join his family in celebrating the life of this amazing man 
who will never be forgotten.

                          ____________________




           INTRODUCTION OF THE MENTORING FOR ALL ACT OF 2009

                                 ______
                                 

                          HON. SUSAN A. DAVIS

                             of california

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mrs. DAVIS of California. Madam Speaker, I rise today to introduce 
the Mentoring for All Act of 2009 to support and greatly enhance youth 
mentoring efforts in the United States.
  We currently face a mentoring deficit in our country. An estimated 15 
million children could benefit from a healthy mentoring relationship, 
but no responsible adult mentor is available. We would see amazing 
results by reducing this deficit.
  In fact, studies show the benefits of youth mentoring on our 
children. Those who have a healthy mentoring relationship are more 
likely to graduate from high school and go to college. They are less 
likely to turn to drugs or substance abuse. Children who grow up with a 
caring mentor are more likely to live full and productive lives.
  The Mentoring for All Act will increase the number of children who 
will benefit from a responsible mentor and improve the quality of our 
mentoring programs nationwide.
  Specifically, ``Mentoring Partnerships'' are the central entity 
providing assistance and guidance to the youth mentoring organizations 
within a state or region. This legislation will strengthen mentoring 
programs on both the local and state levels by supporting Mentoring 
Partnerships.
  A Mentoring Partnership provides training and technical assistance, 
recruits mentors, engages statewide leadership, and advances research 
and knowledge for successful mentoring. That is, the partnerships 
support local organizations that operate mentoring programs and provide 
in most cases a state-wide infrastructure network to coordinate 
success. The partnerships have led to stronger mentoring programs and 
more children in healthy mentoring relationships.
  This legislation will provide grants to Mentoring Partnerships and 
sub-grants to local mentoring organizations to directly support youth 
mentoring. In addition, the legislation will

[[Page 5851]]

connect individual state Mentoring Partnerships to a central location 
through the Corporation for National and Community Service, increasing 
communication and information sharing nationwide for successful 
outcomes.
  Madam Speaker, investing in youth mentoring programs is a worthy 
endeavor. It is time we acted to provide a mentor to our children in 
need of a responsible role model. Thank you very much for considering 
this legislation.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                          HON. MARY BONO MACK

                             of california

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mrs. BONO MACK. 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, the Omnibus Appropriations Act, 2009:
  1) Requesting Member: Mary Bono Mack
  Bill Number: H.R. 1105
  Account: Energy and Water Development, Bureau of Reclamation, Water 
and Related Resources Account
  Entity Requesting: Rancho California Water District (RCWD), 42135 
Winchester Road, Temecula, CA 92590
  Description of Earmark:
  RCWD's project will substantially expand use of recycled and raw 
water in Riverside County, free up treated water to serve 70,000 new 
households in Southern California by converting agricultural demands 
from treated to recycled and raw water, shifting 144 cfs peak demand 
off MWD's treated water system, providing for additional recycled water 
reuse of 16,000 AF/year, relieving pressure from the Bay Delta and 
Colorado River, increasing annual storage by 10,000 AF/year, reducing 
carbon emissions by 4.9 million pounds/year. RCWD completed a 
feasibility study, which ensured viability of the project and was 
approved by Bureau of Reclamation (2007).
  RCWD's Fiscal Year 2009 $50,000 allocation will go toward design and 
construction--already underway this year--of a 48-inch pipeline to 
expand local recycled and raw water resources.
  Spending Plan:
  Project Expenditures--
  RCWD's Fiscal Year 2009 $50,000 amount will go toward design and 
construction--already underway this year--of a 48-inch pipeline to 
expand local recycled and raw water resources. The total cost for this 
phase of the project is estimated at $28,000,000. The federal funding 
allocation will receive a non-federal/local match of $26,000,000, or 92 
percent. The non-federal funding match is provided by RCWD. Federal 
funds will be used for final design and beginning construction of the 
48-inch pipeline to transport raw water from MWD's aqueduct for storage 
in Vail Lake.
  2) Requesting Member: Mary Bono Mack
  Bill Number: H.R. 1105
  Account: Energy and Water Development, Corps of Engineers, 
Construction Account
  Entity Requesting: Eastern Municipal Water District, 2270 Trumble 
Road, P.O. Box 8300, Perris, CA 92572-8300
  Description of Earmark:
  $946,000 is provided for a project that will produce potable water 
from an otherwise unusable groundwater resource through the 
construction of a three million-gallon per day (MGD) reverse osmosis 
desalter, feed-water pipelines, and brackish water wells in the Perris 
South sub-basin. In addition to reducing future demand for imported 
water from the Sacramento-San Joaquin Delta and the Colorado River, 
project benefits include salinity management for expanded water 
recycling and protection of high-quality groundwater in basins adjacent 
to the South Perris Basin.
  The Perris II Desalter is a vital component of Eastern Municipal 
Water District's (EMWD) desalination program which will ultimately 
generate up to 12,000 acre-feet per year of potable water and remove 
50,000 tons of salt out of the basin every year. Projects such as this 
will move EMWD toward its goal of drought-proofing its region and 
providing reliability and flexibility to its water supply. EMWD has 
received funding authorization under P.L. 106-554, Div. B, Sec. 108 
(d)(52) for implementation of the desalination program.


                             Spending Plan

Project Expenditures:
    Total Project Cost......................................$30,000,000
    Total State/Local Contribution...........................$7,500,000
    FY09 State/Local Contribution..............................$500,000
    FY09 Federal Funding.......................................$946,000
  3) Requesting Member: Mary Bono Mack
  Bill Number: H.R. 1105
  Account: Energy and Water Development, Corps of Engineers, 
Investigations Account
  Entity Requesting: Riverside County Flood Control & Water 
Conservation District, 1995 Market Street, Riverside, CA 92501
  Description of Earmark:
  $215,000 is provided for the Heacock and Cactus Channels project that 
will provide flood control through the widening and deepening of the 
channels, as well as construction of facilities designed to safely 
convey the tributary flows to a currently existing ultimate outlet 
downstream. A reduction in flooding will not only benefit the local 
community whose drains back up during storms, but it would also allow 
March Air Reserve Base to better safeguard its equipment and 
infrastructure from flood waters and ensure that the military's 
readiness for overseas deployment at this facility is not adversely 
affected.
  Funds will be used to award and construct the project. At this time, 
the Corps has already completed an Initial Appraisal Report and Project 
Management Plan under its Section 205 Program, as well as executed a 
Feasibility Cost Sharing Agreement that would take into account the 
federal benefits that would accrue as a result of this project, which 
have been estimated to be as much as 75 percent.


                             Spending Plan

Project Expenditures:
    Total Project Cost......................................$30,000,000
    Federal Share...........................................$28,400,000
    Non-Federal Share........................................$1,600,000
  Requesting Member: Mary Bono Mack
  Bill Number: H.R. 1105
  Account: Energy and Water Development, Corps of Engineers, 
Construction Account
  Entity Requesting: Riverside County Flood Control & Water 
Conservation District, 1995 Market Street, Riverside, CA 92501
  Description of Earmark:
  $3,349,000 is provided and will be used to award and construct the 
project's entire Phase II reach, which includes protection for Old Town 
Temecula, as well as to complete the Design Documentation Report and 
the preparation of plans and specifications for Phase III's Multi-
Purpose Detention Basin.
  The Murrieta Creek Flood Control Project will provide 100-year flood 
control, environmental restoration and recreation benefits to the 
cities of Murrieta and Temecula. The project, which will be constructed 
in four distinct phases, will include a 250 acre detention basin to 
attenuate flows from the over 150 square mile watershed and which, once 
completed, will reduce citizens' and businesses' exposure that requires 
many of them to carry flood insurance. The project will also create 
seven miles of soft earthen channelization that will result in the 
development of a riparian habitat corridor throughout the length of the 
project, which can become a safe home for several listed endangered 
species that have already been found to exist nearby. This channel will 
not only facilitate species movement and connectivity to existing 
wildlife preserves, but will also create an extensive natural wetlands 
system that can efficiently remove contaminants from stream flows and 
help ensure improved water quality for local residents and soldiers 
stationed at the Camp Pendleton Marine Base.
  The project covers the Murrieta Creek and surrounding region 
beginning just upstream from Old Town Murrieta to Vineyard Parkway-
Tenaja Road (Phase IV) and running downstream south of Old Town 
Temecula, including Old Town Front and Pujol Streets (Phase I). Flood 
protection and ecosystem restoration will cover areas in between these 
two points that include the Santa Rosa Water Reclamation Facility, the 
region's commerce center near US-15 and Historic Old Town Temecula.


                             Spending Plan

Project Expenditures:
    Total Project Cost.....................................$117,000,000
    Federal Share...........................................$75,270,000
    Non-Federal Share.......................................$41,730,000
  5) Requesting Member: Mary Bono Mack
  Bill Number: H.R. 1105
  Account: Interior and Environment, Bureau of Land Management, Land 
Acquisition Account
  Entity Requesting: Coachella Valley Mountains Conservancy and the 
Friends of the Desert, 45480 Portola Ave, Palm Desert, CA 92260
  Description of Earmark:
  $1,300,000 is provided for acquisition of 612 acres (a 544 acre 
property, and two 40 acre parcels) by BLM to protect important lands in 
the Santa Rosa and San Jacinto Mountains National Monument. The 544 
acre parcel is bounded by BLM land to the north and east. The property 
abuts the existing Andreas Hills residential development and is located 
within the City of Palm Springs. The property contains portions of two 
trails proposed as year-round trails in the Coachella Valley Multiple

[[Page 5852]]

Species Habitat Conservation Plan (MSHCP); thus, providing recreation 
opportunities in the Monument. It also contains a palm oasis. The two 
40 acre parcels are also largely surrounded by existing BLM land, and 
provide habitat for the bighorn sheep.
  Spending Plan:
  Project Expenditures--
  The acquisition cost is $1,305,000 for all three properties.
  6) Requesting Member: Mary Bono Mack
  Bill Number: H.R. 1105
  Account: Interior and Environment, Bureau of Land Management, STAG 
Water and Wastewater Infrastructure Project
  Entity Requesting: The City of Hemet, 445 E. Florida Avenue, Hemet, 
CA 92543
  Description of Earmark:
  $275,000 is provided for this project that will encompass 
improvements that include artificial recharge facilities, over 35 acres 
with a raw water capacity of 7500 acre feet per year, piping, valving 
and the construction of ponds in the San Jacinto River bed.
  Spending Plan:
  Project Expenditures--
  Funding will be used for environmental studies, planning, and 
engineering. The entire cost of Phase I will cost $19 million. The 
project will be completed in approximately 4 years once the funding has 
been secured. The project partners are the City of Hemet, Eastern 
Municipal Water District (EMWD), the City of San Jacinto, and Lake 
Hemet Municipal Water District (LHMWD).
  7) Requesting Member: Mary Bono Mack
  Bill Number: H.R. 1105
  Account: Interior and Environment, Bureau of Land Management, Capital 
Improvement and Maintenance (construction)
  Entity Requesting: United States Forest Service, Keenwild Helitack 
Base, 28500 Highway 243, Mountain Center, CA 92541
  Description of Earmark:
  $600,000 is provided for the Keenwild Helitack Base. The Keenwild 
location in southern California is strategic to initial attack 
firefighting on the San Jacinto Ranger District and the Santa Rosa and 
San Jacinto Mountains National Monument. Intense fires in California 
have, in recent years, included the Gilman Fire and Esperanza Fire near 
Palm Springs in my district, where sadly five brave United States 
Forest Service firefighters lost their lives. The fires throughout San 
Diego County and other parts of southern California were a stark 
reminder to place priorities on preparedness.
  The Keenwild Helibase has been submitted twice for reconstruction in 
recent years through normal Region 5 Forest Service procedures. The 
current facilities are clearly outdated given the important role the 
workers play.
  Spending Plan:
  Project Expenditures--
  The U.S. Forest Service recently committed $450,000 to the project, 
but the $600,000 will go to helping the building project reach the 
amount needed for completion.
  8) Requesting Member: Mary Bono Mack
  Bill Number: H.R. 1105
  Account: Labor, Health and Human Services, Education, Department of 
Education, Higher Education Account
  Entity Requesting: California State University San Bernardino-Palm 
Desert Campus, c/o CSUSB main campus, 5500 University Parkway, San 
Bernardino, CA 92407
  Description of Earmark:
  $190,000 is provided to equip a nursing lab for the school's nursing 
and science education program. The need for nursing and health science 
education has been voiced throughout the Coachella Valley.
  Spending Plan:
  Project Expenditures--
  The funds will be spent for outfitting the simulation lab of the 
Health Sciences building, which provides necessary real-life experience 
needed by nursing students. The lab provides a computer-model-driven, 
full sized simulator for students to practice their patient care 
skills.
  9) Requesting Member: Mary Bono Mack
  Bill Number: H.R. 1105
  Account: Labor, Health and Human Services, Education, Department of 
Health and Human Services, Health Resources and Services Administration 
(HRSA)--Health Facilities and Services Account
  Entity Requesting: County of Riverside, Riverside County Medical 
Center, 26520 Cactus Avenue, Moreno Valley, CA 92555
  Description of Earmark:
  $523,000 is provided in order for the Medical Center to be able to 
adequately fulfill its role as the primary first responder hospital for 
emergency, trauma and disaster. There is great need for expansion of 
the trauma room, as the Medical Center is the Emergency First Responder 
for the County of Riverside with a population of 1.75 million. 
Currently, the RCRMC Trauma Unit is equipped with one undersized trauma 
room with a limited 168 sq ft of space. This room is much too small to 
meet any critical needs of the patient population. The absence of an 
adequately sized trauma unit can result in extensive delays in crucial, 
life saving treatment, in multi-casualty situations.
  Spending Plan:
  Project Expenditures--
  All funds will be dedicated to expanding the trauma room at the 
Riverside County Medical Center.
  10) Requesting Member: Mary Bono Mack
  Bill Number: H.R. 1105
  Account: Labor, Health and Human Services, Education, Substance Abuse 
and Mental Health Services Administration (SAMHSA)--Substance Abuse 
Treatment Account
  Entity Requesting: Operation SafeHouse: SafeHouse of the Desert, 
72710 East Lynn Street, Thousand Palms, CA 92276
  Description of Earmark:
  $95,000 is provided to expand the existing substance abuse services 
and counseling to the youth who utilize the SafeHouse of the Desert 
facility. This unique program provides services to at-risk youth in the 
Coachella Valley, and consists of an in-house and Aftercare programs.
  Spending Plan:
  Project Expenditures--
  $95,000 will be used for the expansion of the substance abuse office/
counseling center and for operational program costs. Nearly 50% of the 
total project costs will be provided through private funds.
  11) Requesting Member: Mary Bono Mack
  Bill Number: H.R. 1105
  Account: Labor, Health and Human Services, Education, Institute of 
Museum & Library Services, Museum and Library Services
  Entity Requesting: The National Autry Center, 4700 Western Heritage 
Way, Los Angeles, CA 90027
  Description of Earmark: $167,000 is provided for the Autry National 
Center's new facilities in Griffith Park.
  Spending Plan:
  Project Expenditures--
  The funds will be used to support the design, fabrication, and 
installation of educational immersion environments and visible 
collections storage.
  12) Requesting Member: Mary Bono Mack
  Bill Number: H.R. 1105
  Account: Division I--Transportation, Housing, Urban Development and 
Related Agencies--Terminal Air Traffic Control Facilities Replacement
  Entity Requesting: City of Palm Springs, 3200 East Tahquitz Canyon 
Way, Palm Springs, California 92262
  Description of Earmark:
  $800,000 on behalf of the City of Palm Springs, California, for the 
replacement of the Palm Springs Air Traffic Control Tower Facility. 
Funding for FY09 will be used for construction of the new tower 
facility to improve air traffic efficiency and help expand air service. 
The Coachella Valley is one of the fastest growing regions in the State 
of California. Therefore, it is critical that we provide the residents 
and visitors who fly in and out of Palm Springs International Airport 
(PSP) with the expanded air service that meets their needs. Expanding 
the airport will better serve airline passengers at PSP, while 
relieving congestion at Los Angeles Airport (LAX) and other strained 
airports.
  Spending Plan:
  Project Expenditures--
  This is a recurring expenditure and the monies are expected to be 
spent in the Spring of fiscal year 2010 for the construction of the Air 
Traffic Control Tower (ACTC) at Palm Springs International Airport 
(PSP).
  13) Requesting Member: Mary Bono Mack
  Bill Number: H.R. 1105
  Account: Division I--Transportation, Housing, Urban Development and 
Related Agencies--Buses and Bus Facilities
  Entity Requesting: SunLine Transit Agency, 32-505 Harry Oliver Trail, 
Thousand Palms, CA 92276
  Description of Earmark:
  $475,000 is provided for SunLine Transit Agency. SunLine Transit 
Agency is the transit provider in the Coachella Valley, serving more 
than 35 million people per year in California's fastest growing 
communities. Recently, SunLine completed an analysis of existing 
services in order to evaluate the need for new service routes and 
better transit choices. This requested funding would be used to 
increase the span of service and improve access for residents, as well 
as purchase new buses to meet the needs of disabled persons who require 
the transportation for reasons such as medical appointments.
  Spending Plan:
  Project Expenditures--
  The total projected cost for SunLine is $593,750 for FY 2009. The 
Federal share of

[[Page 5853]]

funding will be $470,000, and SunLine's matching share will be 
$118,750. In addition, SunLine has already committed $86,025 of the 
Agency's local funds toward the on-going efforts via funding in the 
current Short Range Transit Plan. The funds received will be used to 
augment funding awarded to SunLine through the Congestion Mitigation 
Air Quality Program toward the planning, development and construction 
of a transit hub in conjunction with SunLine's proposed Administrative, 
Operations and Maintenance Building in Thousand Palms.
  14) Requesting Member: Mary Bono Mack
  Bill Number: H.R. 1105
  Account: Division I--Transportation, Housing, Urban Development and 
Related Agencies--Interstate Maintenance Discretionary
  Entity Requesting: Coachella Valley Association of Governments 
(CVAG), California 73-710 Fred Waring Drive, Suite #200, Palm Desert, 
CA 92260
  Description of Earmark:
  The earmark provides for $475,000 for improvements to Interstate 10/
Ramon Road/Bob Hope out of the Federal Highway Administration's 
Interstate Maintenance, Corridors and Borders program. As this project 
is critical to alleviating traffic congestion in the Valley, funding 
for the project is being sought in cooperation with the Coachella 
Valley Association of Governments (CVAG). The existing road facility at 
this location was constructed approximately 46 years ago. This 
interchange provides primary cross freeway access between the north and 
the south sides of the Valley as well as area connectivity with the 
Interstate Highway System.
  Spending Plan:
  Project Expenditures--
  The estimated cost of this project is $46,774,044, so the federal 
contribution will be supplemented with other monies to reach this 
total.
  15) Requesting Member: Mary Bono Mack
  Bill Number: H.R. 1105
  Account: Division I--Transportation, Housing, Urban Development and 
Related Agencies--Surface Transportation Priorities
  Entity Requesting: Riverside County Transportation Commission (RCTC), 
4080 Lemon Street, 3rd Floor, Riverside, CA 92502-2208
  Description of Earmark:
  The earmark provides for $570,000 for the Alameda Corridor Grade 
separation. The Alameda Corridor Grade separation remains a high 
priority of the Riverside County Transportation Commission, and state 
and local government. More than 68 million tons of freight pass through 
Riverside County to the rest of the country, but very little of this 
freight originates or ends in the County. Traffic and trains are halted 
at a number of crossings throughout the Coachella Valley. This grade 
separation would allow the flow of traffic, reduce congestion and 
delays, cut down on the air pollution, and increase efficiency of 
freight transportation. Money was appropriated for FY 2008, FY 2006 and 
FY 2005 grade separation projects. This year's requested funding would 
continue to aid the Coachella Valley's effort to streamline the traffic 
flow at these various crossings.
  Spending Plan:
  Project Expenditures--
  The total projected cost for Alameda Corridor East in Riverside 
County is $980,500,000, with an unfunded balance of $565,500,000. 
Currently, local matching funds are $179,500,000. The State is matching 
funds of $152,700,000. Two grade separations in Riverside County have 
been completed (including one in the Coachella Valley), two are under 
construction, and two more could be under construction in the later 
part of FY 2009 if sufficient funds are available.
  16) Requesting Member: Mary Bono Mack
  Bill Number: H.R. 1105
  Account: Division I--Transportation, Housing, Urban Development and 
Related Agencies--Surface Transportation Priorities
  Entity Requesting: City of Coachella, 1515 Sixth Street, Coachella, 
CA 92236-1713
  Description of Earmark:
  The earmark provides for $380,000 for the City of Coachella, 
California, for the first phase of an overpass and interchange project. 
The completion of the overpass and interchange on 86S Expressway at 
Avenue 52 is critical to the safety of passengers traveling on roads in 
this area. State Highway 86 used to be a rural 2-lane road, but as a 
result of rapid population growth in the region and new road 
developments, traffic traveling 65 miles/hr must come to a full stop at 
the Expressway and Avenue 52 intersection. This requires a drastic 
adjustment in speed to allow for traffic to access the Expressway. This 
is usually a contributing factor to traffic accidents that occur in 
this area and, for this reason, addressing the problem has become a 
priority of Federal, state and local government. The funding requested 
will assist in the project approval, environmental documentation and 
preliminary engineering needed to complete this critical overpass and 
interchange project.
  Spending Plan:
  Project Expenditures--
  The funding requested will assist in the project approval, 
environmental documentation and preliminary engineering needed to 
complete this critical overpass and interchange project.
  17) Requesting Member: Mary Bono Mack
  Bill Number: H.R. 1105
  Account: Division I--Transportation, Housing, Urban Development and 
Related Agencies--Economic Development Initiatives
  Entity Requesting: City of Indio, 100 Civic Center Mall, Indio, 
California 92201
  Description of Earmark:
  The earmark provides for $142,500 for the City of Indio for the 
development of a local community center. As on ongoing effort to 
revitalize the City of Indio and accommodate its fast-growing 
population, the City has repaved roads, renovated parks and museums, 
and enhanced water systems. As a part of this ongoing community 
development project, the requested funding will be used by the City of 
Indio to develop a community center in which the local youth can 
participate in a variety of sports and activities.
  Spending Plan:
  Project Expenditures--
  $142,000 will be devoted to the construction costs or equipment costs 
associated with the local community center.
  18) Requesting Member: Mary Bono Mack
  Bill Number: H.R. 1105
  Account: Department of Justice, OJP--Juvenile Justice
  Entity Requesting: Olive Crest, 2130 E. 4th St., Ste. 200, Santa Ana, 
CA 92705
  Description of Earmark:
  $100,000 is provided for Olive Crest Independent Living Skills (ILS) 
Program. Olive Crest Homes and Services for Abused Children provides 
care for abused, abandoned and severely neglected children. Olive Crest 
is dedicated to preventing child abuse, to Treating and Educating at-
risk children and to Preserving the family. Serving 5,000 children and 
families annually, Olive Crest provides services in Southern 
California, Nevada and the Pacific Northwest. The ILS program, provided 
by Olive Crest, is a program that helps youth to formulate this 
individual plan to build their skills in: Attainment of Educational 
goals, Income Maintenance, Vocational Goal Achievement, Daily Living 
Skills and Interpersonal Skills. Over 200 youth participate in the 
Independent Living Program a year. With additional funding the program 
will be expanded to offer additional individualized services to all at-
risk youth that Olive Crest serves.
  Spending Plan:
  Project Expenditures--
  Olive Crest currently invests $2,650,000 in the Inland Empire, 
California to provide services to more than 100 Olive Crest at-risk 
youth. Olive Crest invests $525,000.00 to support Independent Living 
Support (ILS) program. Olive Crest provides an on-going private match 
of dollars and in-kind services of at least 10%. Last year, the match 
was $260,000. The $100,000 appropriation will be used to fund Olive 
Crest Independent Living Skills program.
  19) Requesting Member: Mary Bono Mack
  Bill Number: H.R. 1105
  Account: Department of Justice, COPS Law Enforcement Technology
  Entity Requesting: City of Cathedral City, 68700 Avenida Lalo 
Guerrero, Cathedral City, CA 92234
  Description of Earmark:
  $400,000 is provided for Eastern Riverside County Interoperability 
Communication Authority (ERICA). The ERICA involves a regional 
collaboration among the cities of Cathedral City, Desert Hot Springs, 
Indio, Palm Springs, La Quinta, and Coachella. Recent Federal mandates 
highlight the urgency to upgrade radio communication to digital, 
interoperable 800 MHz frequency and be Project 25 compliant for 
agencies in Congressional Districts 41 and 45. The Federal funding for 
ERICA would be used to purchase equipment, hardware, software, 
facilities, engineering and labor to build an 800 MHz, trunked, P-25 
compliant, digital, regional radio system. It should also be noted that 
in total, the cities, county, and tribal governments participating in 
ERICA have agreed to invest $23,000,000 in this initiative.
  Spending Plan:
  Project Expenditures--
  The dollars appropriated for Catherdral City in CJS, under the 
project title of Eastern Riverside County Interoperability 
Communication Authority (ERICA), will be used for equipment costs to 
support the ERICA system.

[[Page 5854]]



                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                            HON. STEVE BUYER

                               of indiana

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. BUYER. 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 Fiscal Year 2009 Omnibus Appropriations Act.
  Requesting Member: Congressman Steve Buyer
  Bill Number: H.R. 1105
  Account: COPS Law Enforcement Technology
  Legal Name of Requesting Entity: Johnson County, Indiana
  Address of Requesting Entity: Johnson County, 86 West Court Street, 
Franklin, Indiana, 46131
  Description of Request: Provide an earmark of $850,000 to allow 
Johnson County to install an additional radio tower for its public 
safety communications system, thereby eliminating areas of the County 
without coverage. The funding will also provide for the upgrading of 
the public communications system to allow for simultaneous 
communications among public safety officials.
  Requesting Member: Congressman Steve Buyer
  Bill Number: H.R. 1105
  Account: OJP--Juvenile Justice
  Legal Name of Requesting Entity: Indiana Teen Challenge
  Address of Requesting Entity: Indiana Teen Challenge, 1015 North 
Lebanon Street, Post Office Box 564, Lebanon, Indiana, 46052
  Description of Request: Provide an earmark of $50,000 to Indiana Teen 
Challenge to be used to expand the organization's substance abuse 
prevention outreach program in Lebanon, Indiana. The funding will be 
used to expand the program into a full-time effort for a dedicated 
staff member who would nearly quadruple the organization's outreach in 
the community. The goal of the program is to prevent experimentation 
and use of drugs before adolescents need treatment.
  Requesting Member: Congressman Steve Buyer
  Bill Number: H.R. 1105
  Account: Health Resources and Services Administration (HRSA)--Health 
Facilities and Services
  Legal Name of Requesting Entity: Clarian Health Partners, Inc.
  Address of Requesting Entity: Clarian Healthcare, 1701 North Senate 
Boulevard, Executive Office-B107, Indianapolis, IN 46202
  Description of Request: Provide an earmark of $381,000 to expand and 
renovate the thirty year old children's burn unit. The expanded unit 
will offer private patient rooms, a family waiting area, and additional 
support and storage areas for supplies and equipment. The burn unit 
serves the entire State of Indiana.
  Bill Number: H.R. 1105
  Account: Health Resources and Services Administration (HRSA)--Health 
Facilities and Services
  Legal Name of Requesting Entity: St. Elizabeth Regional Health
  Address of Requesting Entity: St. Elizabeth Regional Health, 1501 
Hartford Street, Lafayette, IN 47904
  Description of Request: Provide an earmark of $143,000 to renovate 
hospital space originally designed for an acute inpatient unit to 
accommodate a new psychiatry services unit. The new unit will provide 
twenty patient beds, and renovations are necessary to ensure the safety 
and security of the patients and staff within the facility.
  Bill Number: H.R. 1105
  Account: Substance Abuse and Mental Health Services Administration 
(SAMHSA)-Substance Abuse Treatment
  Legal Name of Requesting Entity: Indiana Teen Challenge
  Address of Requesting Entity: Indiana Teen Challenge, 1015 North 
Lebanon Street, Post Office Box 564, Lebanon, IN, 46052
  Description of Request: Provide an earmark of $143,000 to offset 
Indiana Teen Challenge's costs in providing addiction treatment 
services to adolescent girls aged thirteen to seventeen at no cost or 
discounted rates. The funding will be applied toward salaries and 
benefits, supplies, equipment, travel, contractual, and other costs.
  Requesting Member: Congressman Steve Buyer
  Bill Number: H.R. 1105
  Account: Employment and Training Administration (ETA)--Training and 
Employment Services (TES)
  Legal Name of Requesting Entity: Indiana State University
  Address of Requesting Entity: Indiana State University, Office of the 
President, Condit House, Terre Haute, IN 47809
  Description of Request: Provide an earmark of $190,000 to the Indiana 
State University in order to expanding the Lawrence County Sycamore 
Community Learning Center to meet the needs of the community by 
providing additional education and training services that will afford 
more local citizens the skills and credentials valued in the local 
labor market.
  Requesting Member: Congressman Steve Buyer
  Bill Number: H.R. 1105
  Account: United States Army Corps of Engineers General Investigations
  Legal Name of Requesting Entity: Tippecanoe County, Indiana
  Address of Requesting Entity: 200 North 2nd Street Lafayette, Indiana 
47901
  Description of Request: Provide an earmark of $96,000 to conduct a 
reconnaissance study of the Wabash River Corridor in Tippecanoe County, 
IN. The project will incorporate information and data from ACOE- PAS FY 
06 and 07 Wabash River Hydraulic Study and the in-progress PAS FY 08 
corridor master plan project to develop an overall corridor master plan 
to guide future growth in Lafayette-West Lafayette, Tippecanoe County. 
The Project will examine the level of federal interest in participating 
in a project to implement flood reduction management, initiate 
ecosystem restoration, and enhance recreation.
  Requesting Member: Congressman Steve Buyer
  Bill Number: H.R. 1105
  Account: Federal Transit Administration Sec. 5309
  Legal Name of Requesting Entity: Greater Lafayette Public 
Transportation Corp. (GLPTC, CityBus)
  Address of Requesting Entity: 1250 Canal Rd., P.O. Box 588 Lafayette, 
IN 47902
  Description of Request: Provide an earmark of $2,945,000 from the FTA 
section 5309 account. City Bus will provide a 20% match totaling 
$525,000. The funds will be spent towards increasing the hybrid bus 
fleet. The engines are manufactured in Indiana (Cummins and GM Allison 
Transmission).
  Requesting Member: Congressman Steve Buyer
  Bill Number: H.R. 1105
  Account: Transportation Community and System Preservation
  Legal Name of Requesting Entity: Boone County, IN
  Address of Requesting Entity: 212 Courthouse Square, Lebanon IN 46052
  Description of Request: Provide an earmark of $855,000 for the 
extension of the 146th Street Corridor. As part of an overall highway 
plan involving four project centered on the I-65/SR267 interchange in 
Boone County, the County is pursuing the extension of the 146th Street 
Corridor from the Hamilton County line to 1-65. Hamilton County has 
begun the design of their portion of 146th Street, and will ultimately 
result in a four lane parkway from the Boone County line to Spring Mill 
Road.
  Requesting Member: Congressman Steve Buyer
  Bill Number: H.R. 1105
  Account: Transportation Community and System Preservation
  Legal Name of Requesting Entity: Hendricks County, IN
  Address of Requesting Entity: 355 S. Washington Street Danville, IN 
46122
  Description of Request: Provide an earmark of $570,000 to continue 
the Ronald Reagan Parkway construction, which ultimately connects 1-70 
and the Indianapolis International Airport to 1-65 in Boone County, 
Indiana. With the original northern and southern segments of the 
project completed or underway, this project will focus on the 
construction of the middle segment from US 36 to CR100S over the Avon 
CSX rail yards, and the design of the adjoining segment from CR100S to 
CR200S, completing the southern linkage of the road.
  Requesting Member: Congressman Steve Buyer
  Bill Number: H.R. 1105
  Account: Transportation and Community and System Preservation Program
  Legal Name of Requesting Entity: Johnson County, IN
  Address of Requesting Entity: 86 West Court Street, Franklin, IN 
46131
  Description of Request: Provide an earmark of $237,500 for 
construction of an interchange at the intersection of 1-65 and County 
Road 750 North (a.k.a. Worthsville Road) in Johnson County, Indiana. 
This Project will ultimately increase connectivity between major north-
south corridors on the south-side of Indianapolis by providing a 
specific route for through-traffic traveling between these north-south 
roads.

[[Page 5855]]



                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                           HON. VERN BUCHANAN

                               of florida

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. BUCHANAN. 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, the Omnibus 
Appropriations Act, 2009:
  Requesting Member: Congressman Vern Buchanan
  Bill Number: H.R. 1105
  Account: Health Resources and Services (HRSA)--Health Facilities and 
Services
  Legal Name of Requesting Entity: Sarasota County
  Address of Requesting Entity: 1660 Ringling Blvd. Sarasota, FL 34236
  Description of Request: I secured $190,000 for a Health Facility in 
Englewood, Florida. Sarasota County is seeking to construct a new 
health facility in the community of Englewood. The facility will be 
located in the southern most portion of Sarasota County and will serve 
the residents of both Sarasota and Charlotte counties. The facility 
will improve access to health care and a variety of human and social 
services programs for residents.
  Requesting Member: Congressman Vern Buchanan
  Bill Number: H.R. 1105
  Account: Corp of Engineers--Investigations
  Legal Name of Requesting Entity: City of Sarasota
  Address of Requesting Entity: 1565 First Street, Sarasota, FL 34236
  Description of Request: I secured $150,000 for Lido Key beach re-
nourishment. The middle portion of Lido Key Beach is the most seriously 
eroded segment. This section of beach is generally very narrow due to 
the ongoing erosion problem, which has been accelerated by several 
storms from 1982 to the present. As a result, the damage to Lido Key 
Beach and adjacent structures from even moderate storms has increased 
and greater losses can be expected from future storms. The beach loses 
an average of almost 11 feet of width each year.
  In a Reconnaissance study report approved by the U.S. Army Corps of 
Engineers in May of 1997, the Corps found that the Lido Key Beach 
Nourishment project ``is technically sound, economically justified, and 
socially and environmentally acceptable.'' The U.S. Army Corps of 
Engineers has recommended the nourishment of 1.56 miles of shoreline. 
Ratios in excess of 1 to 1 are required for the Corps to find that a 
proposed shoreline protection project meets its national economic 
benefit test.
  The project was fully authorized by Section 364 of the Water 
Resources Development Act of 1999, P.L. 106-53.
  Requesting Member: Congressman Vern Buchanan
  Bill Number: H.R. 1105
  Account: Corps of Engineers--Construction
  Legal Name of Requesting Entity: Manatee County
  Address of Requesting Entity: 1112 Manatee Ave W. Bradenton, FL 34205
  Description of Request: I secured $3,828,000 for Wares Creek Flood 
and Coastal Storm Damage Project. The Wares Creek Project involves 
dredging approximately three miles of the waterway for flood control 
purposes. It seeks to extinguish ``muck and sediment'' from the mouth 
of the creek. The project was initially authorized in the Water 
Resources Development Act of 1996 and is endorsed by the Manatee County 
Commissioners. It received $4.7 million in funds last year from the 
Omnibus Appropriation bill.
  Requesting Member: Congressman Vern Buchanan
  Bill Number: H.R. 1105
  Account: Corps of Engineers--Operations & Maintenance
  Legal Name of Requesting Entity: West Coast Inland Navigational 
District
  Address of Requesting Entity: 200 East Miami Avenue, Venice, FL 34285
  Description of Request: I secured $2,076,000 for the West Coast 
Inland Navigation District (WCIND) under the Army Corps of Engineers, 
Operation and Maintenance account for maintenance dredging of the Gulf 
Intracoastal Waterway (GIWW), (a.k.a Intracoastal Waterway, 
Caloosahatchee River to Anclote River), Florida.
  The areas in need of maintenance dredging include Longboat Pass 
(Manatee County), Venice Inlet (Sarasota County), mouth of 
Caloosahatchee River (Miserable Mile in Lee County), and the Boca 
Grande Bayou area (Miller's Marina in Lee County) of the GICW. With the 
Committee's help, Congress appropriated $1.4 million (FY'04 & FY'05 
combined) for the required design, engineering, permitting, and initial 
dredging for these projects.
  In 1945, in the Rivers and Harbors Act, Congress authorized the GICW 
to be maintained at a width of 100-feet, and a depth of nine-feet 
between the mouth of the Caloosahatchee River, near Ft. Myers, and the 
Anclote River, north of Tampa. The GICW channel runs through six 
counties (Pinellas, Hillsborough, Manatee, Sarasota, Charlotte, and 
Lee) and links natural deep-water sections of bays through a series of 
man-made channels, thereby providing for the safe passage of commercial 
goods, and access to commercial fishing grounds. Dredging of the GICW 
commenced in 1960 and was completed in 1967, at which time the WCIND 
began maintenance activities.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                     HON. HOWARD P. ``BUCK'' McKEON

                             of california

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. McKEON. Madam Speaker, pursuant to the Republican Leadership 
standards on earmarks, I am submitting the following information 
regarding Member priority requests I received as part of H.R. 1105, the 
``Omnibus Appropriations Act of 2009.''
  Requesting Member: Congressman Howard P. ``Buck'' McKeon
  Bill Number: H.R. 1105, Omnibus Appropriations Act of 2009
  Account: Department of Justice, Juvenile Justice Programs
  Legal Name of Requesting Entity: The City of Victorville
  Address of Requesting Entity: 14343 Civic Drive, PO Box 5001, 
Victorville, CA 92393
  Description of Request: I requested and received a Member priority 
request totaling $82,500 to assist with the Uturn Gang Prevention 
Program evaluation and assessment component. Uturn Gang Prevention 
Program will focus on elementary school age at-risk youth, along with 
their immediate families. The focal point will be three areas of 
accountability: home, school and community. The Uturn program aims to 
work with at-risk families willing to make a two-year commitment to 
involvement in services. The goal is to develop at risk children's full 
personal potential so that they will not be attracted to gang 
involvement.
  The City of Victorville will contract evaluation and assessment 
services through California State University San Bernardino, College of 
Social and Behavioral Sciences, Department of Social Work. Evaluation 
and assessment services will track participants' behavioral changes, 
school attendance, communication skills, academic trends, family 
involvement, and communication skill sets.
  Ultimately this program will evaluate and assess the individual and 
collective development of the youth and families. This program will 
enhance the family structure and strengthen values. The progress of the 
program participants will be tracked every 6 months for a two year 
period insuring behavioral, emotional and family stability. The success 
of the program insuring gang life will be less attractive and 
irrelevant to the youth.
  Requesting Member: Congressman Howard P. ``Buck'' McKeon
  Bill Number: H.R. 1105, Omnibus Appropriations Act of 2009
  Account: Department of Justice, Law Enforcement and Interoperable 
Program (COPS Technology)
  Legal Name of Requesting Entity: City of Palmdale, California
  Address of Requesting Entity: 38300 Sierra Highway, Palmdale, CA 
93550
  Description of Request: I requested and received a Member priority 
request totaling $100,000 for the City of Palmdale's Technology 
Acquisition for Joint Law Enforcement Emergency Operations Center. The 
City of Palmdale is vulnerable to earthquake and fire disasters, which 
have been identified in the City's local hazard mitigation plan. While 
the City has an emergency operations center, it is currently inadequate 
to accommodate a full-scale deployment of staffing to respond to a 
catastrophic event.
  Additionally, the City's contract law enforcement agency, the Los 
Angeles County Sheriff's Department, does not currently have a 
departmental operations center that is adequate to service their needs 
in a disaster. The new site will allow the City flexibility in its 
response, a larger facility to accommodate joint operations between the 
City of Palmdale, the Los Angeles County Fire Department and Los 
Angeles County Sheriff's Department. This project will allow the City 
of Palmdale to better respond to natural or man-made disasters. It will 
provide an alternate facility to be jointly used by the City, law, and 
fire branches.
  Requesting Member: Congressman Howard P. ``Buck'' McKeon

[[Page 5856]]

  Bill Number: H.R. 1105, Omnibus Appropriations Act of 2009 Account: 
Department of Justice, Juvenile Justice
  Legal Name of Requesting Entity: CASA of Los Angeles County
  Address of Requesting Entity: CASA of Los Angeles County, Lancaster 
office, 1040 West Avenue J, Room 1130 Lancaster, CA 93534-3329
  Description of Request: I requested and received a Member priority 
request totaling $300,000 for the Court Appointed Special Advocates 
(CASA) of Los Angeles County Lancaster program. The funding is 
specifically to recruit and train additional CASA volunteers to provide 
advocacy services to 120 additional abused and neglected foster 
children in the Antelope Valley area. CASA of Los Angeles County will 
provide any required match for this program.
  CASA of Los Angeles services the needs of abused and neglected 
children in the foster care system through the recruitment, training, 
supervision and support of community volunteers who investigate the 
circumstances of each child, facilitate the provisions of services, 
monitor compliance with the orders of the court and advocate for the 
best interests of the child.
  Requesting Member: Congressman Howard P. ``Buck'' McKeon
  Bill Number: H.R. 1105, Omnibus Appropriations Act of 2009
  Account: Environmental Protection Agency, State and Tribal Assistance 
Grants
  Legal Name of Requesting Entity: The City of Barstow
  Address of Requesting Entity: 220 East Mountain View Street, Suite A, 
Barstow, CA 92311
  Description of Request: I requested and received a Member priority 
request totaling $500,000 to assist with the City of Barstow Sewer 
Master Plan Implementation, Phase II. This project involves 
constructing de-nitrification facilities at the City's wastewater 
reclamation facility (WRF) to reduce effluent nitrate levels and expand 
and upgrade the WRF from a secondary to a tertiary treatment facility. 
This project is critical to reducing the amount of nitrate pollution 
generated by the City's WRF and mitigating the overdraft of the Mojave 
River basin, the Southern California High Desert Region's sole natural 
source of water. In FY08, the City of Barstow received $500,000 to 
partially fund the de-nitrification facility construction. The FY09 
funding will be used to fund the balance of the construction of the de-
nitrification facility. The City of Barstow will provide a minimum of a 
50/50 cost share for the remaining funding.
  Requesting Member: Congressman Howard P. ``Buck'' McKeon
  Bill Number: H.R. 1105, Omnibus Appropriations Act of 2009
  Account: USDA Forest Service, Land and Water Conservation Fund (LWCF)
  Legal Name of Requesting Entity: Pacific Crest Trail Association
  Address of Requesting Entity: 5325 Elkhorn Blvd., PMB 256, 
Sacramento, CA 95842
  Description of Request: I requested and received a Member priority 
request totaling $500,000 to assist the Pacific Crest Trail Association 
(PCTA) with land acquisition to protect public access to the The 
Pacific Crest Trail (PCT). Land acquisition would occur in the 
following areas: Agua Dulce/Soledad Canyon, CA to relocate the trail 
off dangerous roadway, Pilot Rock, OR to aquire privately owned parcels 
from willing sellers within the Cascade Siskiyou National Monument that 
include the PCT, Plum Creek Timberlands, WA to protect the trail 
corridor from development pressures, Tejon Ranch, CA to reroute the 
trail from the temporary Mojave Desert route to the originally proposed 
crest route, and for program administration.
  The Pacific Crest Trail (PCT) is the western treasure of America's 
scenic trails, spanning 2,650 miles from Mexico to Canada through 
California, Oregon and Washington. Thousands of hikers and equestrians 
enjoy this national treasure each year. The need for federal assistance 
is apparent as the PCT crosses or is near 26 National Forests, 7 
National Parks, 5 State Parks, 4 Bureau of Land Management resource 
areas, and several state and county parks and has been a part of the 
National Trail System since October 2, 1968.
  Requesting Member: Congressman Howard P. ``Buck'' McKeon
  Bill Number: H.R. 1105, Omnibus Appropriations Act of 2009
  Account: Department of Health and Human Services, Healthcare 
Resources Service Agency
  Legal Name of Requesting Entity: Henry Mayo Newhall Memorial Hospital
  Address of Requesting Entity: 23845 McBean Parkway, Valencia, CA 
91355
  Description of Request: I requested and received a Member priority 
request totaling $333,000 to assist Henry Mayo Hospital with the design 
and construction of a helipad at the hospital necessary to provide 
emergency care for over 680 square miles of the diverse geography of 
north Los Angeles County, which is one of the fastest growing 
communities in the nation. Funding will allow the hospital to maintain 
its relationship with L.A. County trauma system also assist with flight 
safety and efficiency upgrades to existing infrastructure.
  Requesting Member: Congressman Howard P. ``Buck'' McKeon
  Bill Number: H.R. 1105, Omnibus Appropriations Act of 2009
  Account: Department of Education, Higher Education Account (FIPSE)
  Legal Name of Requesting Entity: College of the Canyons
  Address of Requesting Entity: 26455 Rockwell Canyon Road, Santa 
Clarita, CA 91355, USA
  Description of Request: I requested and received a Member priority 
request totaling $238,000 to increase access to higher education and 
advanced training through The College of the Canyons University Center 
Consortium. The Consortium will support economic development by 
providing advanced education and training for the local work force, 
making the State of California a more competitive and stable area. 
Single parents and working adults who must commute to other areas in 
which universities are located, often experience barriers to pursuing 
education including childcare, work schedules and geographic barriers.
  The University Center Consortium was created to create model programs 
to remove these barriers. The consortium is requesting funding to 
increase the number of bachelor's, master's, and doctoral programs 
available in participating communities by 50 within 3 years, increase 
the number of students pursuing their higher education degree to more 
than 1,000 annually within 3 years, disseminate specific information on 
the University Center model including evaluation of best practices to 
at least 100 colleges annually, further development of University 
Centers at College of the Canyons, Canada College, and Shasta College, 
develop model agreements, handbooks, and planning documents that can be 
shared with any interested college statewide and nationally, evaluate 
characteristics of successful university centers within the context of 
local community needs and disseminate information about successful 
practices through the Web, an annual conference for colleges with 
existing programs as well as colleges interested in developing new 
programs, and University Center Briefs highlighting challenges, 
experiences and best practices.
  Requesting Member: Congressman Howard P. ``Buck'' McKeon
  Bill Number: H.R. 1105, Omnibus Appropriations Act of 2009
  Account: Department of Health and Human Services, Healthcare 
Resources Service Agency
  Legal Name of Requesting Entity: Victor Valley Community Hospital
  Address of Requesting Entity: 15248 11th St. Victorville, CA 92395
  Description of Request: I requested and received a Member priority 
request totaling $143,000 to assist Victor Valley Community Hospital 
with a Healthcare Modernization and Technical Advancements program. 
Specifically funding will purchase MRI Equipment, CT Scan equipment, 
and help cover Integration and Implementation, personnel, and training 
costs. Furthermore, the funding would be used for advanced services 
such as arthritis care, behavioral health and counseling, community 
wellness programs, poison control, and senior health services.
  The hospital would like to improve access to state-of-the art 
healthcare for members of the community. As such, modernization and 
advancement is required to ensure the residents of the Victor Valley 
receive quality medical treatment in a timely fashion.
  Requesting Member: Congressman Howard P. ``Buck'' McKeon
  Bill Number: H.R. 1105, Omnibus Appropriations Act of 2009
  Account: Department of Transportation, Federal Highway 
Administration, Surface Transportation Projects
  Legal Name of Requesting Entity: City of Palmdale, California
  Address of Requesting Entity: 38300 Sierra Highway, Palmdale, CA 
93550
  Description of Request: I requested and received a Member priority 
request totaling $475,000 to help the City of Palmdale, CA complete 
Phase I of the Rancho Vista Boulevard (Avenue P) project, which is a 
regionally significant transportation corridor that provides primary 
access to Palmdale Regional Airport and U.S. Air Force Plant 42. The 
City of Palmdale will use the federal funds for construction to 
increase safety and capacity of a

[[Page 5857]]

2.7-mile section of Rancho Vista Boulevard between SR-14 and 20th 
Street East; specifically the highly congested \3/4\-mile section 
between 3rd Street East and 10th Street East. Project is in the RTIP/
FTIP. Federal funds have been used in design, and additional Federal 
funds, in the amount of $2.8 million (SAFETEA-LU), have already been 
secured for construction of Phase One. In addition, Phase I local funds 
include approximately $240,000 in Local funds and approximately 
$343,000 in STP-L (State Transportation Program--Local federal-aid 
funds), from FFY 2002-03 through FFY 2006-07, with additional $400,000 
programmed in FFY 07-08, will be expended in design, environmental 
documentation, right-of-way acquisition, utility relocation and 
railroad coordination.
  Requesting Member: Congressman Howard P. ``Buck'' McKeon
  Bill Number: H.R. 1105, Omnibus Appropriations Act of 2009
  Account: Department of Transportation, Federal Highway 
Administration, Transportation and Community and Systems Preservation
  Legal Name of Requesting Entity: The City of Barstow
  Address of Requesting Entity: 220 East Mountain View Street, Suite A, 
Barstow, CA 92311
  Description of Request: I requested and received a Member priority 
request totaling $237,500 to assist with the City of Barstow Lenwood 
Road Grade Separation Project. This $23 million multi-year project 
involves the design and construction of a grade-separated railroad 
crossing to eliminate time delays experienced by vehicular traffic. The 
Lenwood Road Grade Separation project is a key component of the Alameda 
Corridor East Grade Separation Project, a national goods movement plan 
for the movement of goods from the Ports of Los Angeles and Long Beach. 
The funding received in FY09 will be used to start up the preliminary 
engineering and environmental assessment components of the project, 
totaling $1.6 million. The City of Barstow will provide a minimum of a 
50/50 cost share for the remaining $23 million, and this funding will 
come directly from the City, San Bernardino County, and other local 
government agencies.
  Requesting Member: Congressman Howard P. ``Buck'' McKeon
  Bill Number: H.R. 1105, Omnibus Appropriations Act of 2009
  Account: Department of Transportation, Federal Transit 
Administration, Bus and Bus Facilities
  Legal Name of Requesting Entity: City of Palmdale, California
  Address of Requesting Entity: 38300 Sierra Highway, Palmdale, CA 
93550
  Description of Request: I requested and received a Member priority 
request totaling $380,000 for the City of Palmdale's Transportation 
Center to expand the train platform to accommodate the need for 
additional Metrolink train cars. The project provides for an extension 
of the existing Metrolink platform by 170 feet, from 510 feet to 680 
feet, to conform to current Metrolink standards, which were adopted 
after construction of the center. Construction of 170 feet of platform 
would also include shelters, lighting, signage and drainage. Since 
2005, the number of visitors has increased dramatically, especially 
Metrolink train riders. It is estimated that the train riders occupy 
80% of the available parking spaces at the Center (approximately 600 of 
the 730 spaces).
  Metrolink estimates that there are 6,100 riders during the weekday 
and that number is anticipated to grow 6-8% each year, necessitating 
additional train cars. Currently the train platform can only 
accommodate 6 Metrolink train cars (which is the current configuration 
for this line), while the latest standards call for a train platform to 
accommodate 8 train cars (the platform was constructed to Metrolink's 
standards in effect at the time). Local funding for the project 
includes: $5.64 million from Metropolitan Transportation Authority 
(Metro); $320,000 from Antelope Valley Air Quality District; $208,000 
from Antelope Valley Transit Authority; $200,000 from Los Angeles 
County; and $129,000 from Antelope Valley Union High School District.
  Requesting Member: Congressman Howard P. ``Buck'' McKeon
  Bill Number: H.R. 1105, Omnibus Appropriations Act of 2009
  Account: Department of Labor, Employment and Training Administration, 
Training and Employment Services
  Legal Name of Requesting Entity: City of Palmdale, California
  Address of Requesting Entity: 38300 Sierra Highway, Palmdale, CA 
93550
  Description of Request: I requested and received a Member priority 
request totaling $238,000 for the City of Palmdale and the South Valley 
WorkSource Center (SVWC) to further develop and fully implement the 
second year of the Business Resource Network. In early 2008, the City 
of Palmdale was notified of being awarded $147,000 ($360,000 was 
requested) toward the first year start-up of this program. It is an 
economic development support program that will connect area small 
businesses to organized public and private business resources offered 
by the South Valley WorkSource, Business Advisory Board, private sector 
partners, business and economic development organizations, educational 
institutions, City Government Business Outreach Department, and 
Department of Rehabilitation. This project will address the need to 
increase and augment business recruitment and retention of small 
businesses (1 to 25 employees) in the City of Palmdale and surrounding 
areas. The project will enhance connections between area firms and 
available public and private business resources, which are designed to 
increase worker skills preparedness, reduce the potential for employee 
lay-offs and business closures, and promote continuing local economic 
development and growth.
  Requesting Member: Congressman Howard P. ``Buck'' McKeon
  Bill Number: H.R. 1105, Omnibus Appropriations Act of 2009
  Account: Department of the Interior, Environmental Protection Agency, 
State and Tribal Assistant Grants, Training and Employment Services
  Legal Name of Requesting Entity: County of Los Angeles Department of 
Public Works
  Address of Requesting Entity: 900 South Fremont Avenue, Alhambra, CA 
91803-1331
  Description of Request: I requested and received a Member priority 
request totaling $900,000 for the County of Los Angeles Department of 
Public Works consisting to construct Phase 1B of the North Los Angeles 
County Regional Recycled Water Project (Regional Project). 
Approximately 8.5 miles of 24-inch-diameter recycled water pipeline, a 
1.5 million-gallon storage reservoir, and a pump station will be 
constructed to add to Phase lA of the Regional Project that was 
previously constructed cooperatively by the City of Lancaster and Los 
Angeles County Waterworks District No. 40, Antelope Valley (District). 
Phase 1B will add a recycled water pipeline that runs along Division 
Street to Avenue K, along Sierra Highway to Rancho Vista Boulevard, and 
along Rancho Vista Boulevard to 10th Street West. The storage reservoir 
will be constructed at an existing tank site near Rancho Vista 
Boulevard and 10th Street West, and the pump station will be 
constructed near Avenue E and Division Street.
  Phase 1B represents a critical component of the estimated $120 
million Regional Project to construct a recycled water backbone 
distribution system to serve the cities of Lancaster, Palmdale, and 
surrounding unincorporated communities in the Antelope Valley. Phase 1B 
includes the necessary infrastructure to serve recycled water to 
customers with identified uses for 2 billion gallons of recycled water 
per year. The beneficial use of recycled water will increase the 
reliability of the Antelope Valley's limited water supplies, decrease 
reliance on imported water and local groundwater supplies, and provide 
a viable means for reusing treated wastewater.
  The County's request for the project will be matched by $17.5 million 
in non-Federal funds.
  Requesting Member: Congressman Howard P. ``Buck'' McKeon
  Bill Number: H.R. 1105, Omnibus Appropriations Act of 2009
  Account: Army Corps of Engineers, Construction
  Legal Name of Requesting Entity: Castaic Lake Water Agency (CLWA)
  Address of Requesting Entity: 27234 Bouquet Canyon Road, Santa 
Clarita, CA 91350
  Description of Request: I requested and received a Member priority 
request totaling $1.148 million to implement the cleanup of perchlorate 
groundwater contamination at the former Whittaker-Bermite site in the 
City of Santa Clarita. Characterization studies and treatment system 
design have been completes by December 2008 and commencement of 
operations to clean up the contaminated groundwater from the wells is 
anticipated to start by January 2009. CLWA will provide in-kind 
services amounting to at least $2,156,000. This project was authorized 
as part of H.R. 1495, the Water Resources Development Act of 2007, and 
has received a total of $10,651,000 from FY 2001-FY 2008.
  Requesting Member: Congressman Howard P. ``Buck'' McKeon
  Bill Number: H.R. 1105, Omnibus Appropriations Act of 2009
  Account: Army Corps of Engineers, Investigations
  Legal Name of Requesting Entity: The City of Santa Clarita

[[Page 5858]]

  Address of Requesting Entity: 23920 Valencia Blvd. #300 Santa 
Clarita, CA 91355
  Description of Request: I requested and received a Member priority 
request totaling $239,000 to continue with the initial Project 
Management Plan component of the Feasibility Phase of the Santa Clara 
River Study being conducted with the Army Corps of Engineers. Work 
being funded would include a groundwater characterization study, public 
outreach and partnership formation with key community groups, 
development of baseline data, and environmental studies. In November 
2002, the Army Corps of Engineers approved the Santa Clara River 
Reconnaissance Study. The study's focus includes potential habitat 
restoration, flood protection and ancillary recreation opportunities 
for the Santa Clara River, located in Southern California.
  Requesting Member: Congressman Howard P. ``Buck'' McKeon
  Bill Number: H.R. 1105, Omnibus Appropriations Act of 2009
  Account: Department of Transportation, Federal Highway 
Administration, Transportation and Community and Systems Preservation
  Legal Name of Requesting Entity: The City of Santa Clarita
  Address of Requesting Entity: 23920 Valencia Blvd. #300 Santa 
Clarita, CA 91355
  Description of Request: I requested and received a Member priority 
request totaling $570,000 to complete the last remaining section of the 
Cross Valley Connector. The last portion of this vital highway project 
consists of an 1100-foot bridge over the Santa Clara River. The bridge 
recently completed an environmental review and construction commenced 
in the fall of 2008 with completion expected in early 2010. This 
request is consistent with the intended purposes and authorization of 
the Federal highway Administration as it fulfills local transportation 
planning. The project will provide much needed regional congestive 
relief as well as provide additional capacity.
  Requesting Member: Congressman Howard P. ``Buck'' McKeon
  Bill Number: H.R. 1105, Omnibus Appropriations Act of 2009
  Account: Department of Transportation, Federal Highway 
Administration, Transportation and Community and Systems Preservation
  Legal Name of Requesting Entity: The Autry National Center for the 
American West
  Address of Requesting Entity: 23920 Valencia Blvd. #300 Santa 
Clarita, CA 91355
  Description of Request: I requested and received a Member priority 
request totaling $167,000 for the Autry National Center for the 
American West. This funding would assist with the construction of a new 
Southwest Museum facility at the Museum's Griffith Park campus.
  Support will allow the design and creation of new facilities along 
with planning, design, and public programming of educational immersion 
environments and visible collections storage. These interactive spaces 
will allow the Autry to teach local, national, and international 
visitors about the many diverse cultures who have shaped the American 
West.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                          HON. ADAM H. PUTNAM

                               of florida

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. PUTNAM. Madam Speaker, I submit the following:
  Requesting Member: Representative Adam H. Putnam
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009
  Account: Buses and Bus Facilities
  Project Funding Amount: $285,000
  Legal Name of Requesting Entity: Polk County Transit System
  Address of Requesting Entity: 300 West Church Street, Bartow, FL 
33831
  Description of Request: To continue to provide vital transportation 
bus service to several regional locations, funding is needed to 
replace, update and repair outdated buses, as well provide for facility 
upgrades and maintenance services.
  Requesting Member: Representative Adam H. Putnam
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009
  Account: The Cooperative State Research Extension and Education 
Service (CSREES)
  Project Funding Amount: $6,677,000
  Legal Name of Requesting Entity: University of Florida
  Address of Requesting Entity: University of Florida, Institute for 
Food and Agriculture Sciences, Post Office Box 110180, Gainesville, FL 
32611-0180
  Description of Request: The T-STAR program conducts research and 
education for interdiction, eradication, and suppression of invasive 
plants, animals, insects and disease. The objective of this critical 
initiative is to develop strategies and tactics to stem the influx of 
invasive species into the United States to protect American 
agriculture.
  To more effectively safeguard the U. S. agricultural industry, there 
is an urgent need to undertake research on the most pressing and 
destructive invasives pests and disease to 1) determine common avenues 
of introduction, 2) develop techniques for early detection, and 3) 
identify effective economic and environmentally acceptable methods for 
eradication, containment and regulatory protocols.
  The T-STAR is administered by the University of Florida and the 
University of Hawaii, authorized by P.L. 89-106 and is funded as a 
special research initiative within the Cooperative State Research, 
Education and Extension Service (CSREES) of the U.S. Department of 
Agriculture.
  Requesting Member: Representative Adam H. Putnam
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009
  Account:
  Project Funding Amount: $285,000
  Legal Name of Requesting Entity: Polk County, Florida
  Address of Requesting Entity: 300 West Church Street, Bartow, FL 
33831
  Description of Request: Funding is requested for needed renovation 
improvements to the Polk County Agricultural Center. Originally 
constructed in 1948, the facility plays a central role in the Polk 
County community at large. It provides a central meeting and event 
location for a wide range of activities important to the community, 
contributing to the region's economic strength and well-being. 
Renovations are needed to the Polk County Agricultural Center to meet 
fire and safety standards, enabling its continued benefit to the area.
  Requesting Member: Representative Adam H. Putnam
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009
  Account: State and Tribal Assistance Grant
  Project Funding Amount: $500,000
  Legal Name of Requesting Entity: Southwest Florida Water Management
  Address of Requesting Entity: 2379 Broad Street, Brooksville, FL 
34604-6899
  Description of Request: To restore minimum flows and water quality to 
the upper Peace River and Lake Wales Ridge. Includes water resource 
development projects, such as restoring storage in headwater lakes in 
the Peace River watershed, are underway and will result in perennial 
flow to the upper Peace River.
  The project includes Ridge Lakes Restoration Initiative to treat 
storm water runoff in lakes in Highlands and Polk counties; the Upper 
Peace River and Peace Creek Canal projects to restore surface water 
storage and flows and water quality and meet the long-term needs of 
Polk County and the surrounding area.
  Requesting Member: Representative Adam H. Putnam
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009
  Account: The Cooperative State Research Extension and Education 
Service (CSREES)
  Project Funding Amount: $1,217,000
  Legal Name of Requesting Entity: University of Florida
  Address of Requesting Entity: University of Florida, Institute for 
Food and Agriculture Sciences, Post Office Box 110180, Gainesville, FL 
32611-0180
  Description of Request: Citrus Canker and Citrus Greening pose severe 
threats to the future of the citrus industry, in Florida and other 
citrus-growing regions of the nation. Citrus Greening, recently 
manifested widely within the state of Florida, is a particularly 
devastating disease which can cause the death of a healthy citrus tree 
within months of infestation. According to U.S. Department of 
Agriculture, scientific research on this deadly disease is at the 
present time extremely minimal and preliminary. In addition, continued 
research is needed on Citrus Canker to preserve the capacity to market 
and ship fruit domestically and for export. Scientific research is 
essential on both of these diseases in order to prevent their spread to 
other citrus growing regions of the country.
  For the critical continuation and expansion of vital Citrus Canker 
and Greening research by the University of Florida (UF) Institute of 
Food and Agriculture Sciences (IFAS), through the Cooperative State 
Research Extension and Education Service (CSREES) to improve 
technologies for treatment and detection, methods of movement and 
containment, and means to control and eliminate these devastating 
diseases.

[[Page 5859]]

  Requesting Member: Representative Adam H. Putnam
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009
  Account: Buses and Bus Facilities
  Project Funding Amount: $285,000
  Legal Name of Requesting Entity: Lakeland Area Mass Transit Authority 
Address of Requesting Entity: 1248 George Jenkins Blvd., Lakeland, FL 
33815.
  Description of Request: To continue to provide vital transportation 
bus service to several regional locations, funding is needed to 
replace, update and repair outdated buses, as well provide for facility 
upgrades and maintenance services.
  Requesting Member: Representative Adam H. Putnam
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009
  Account:
  Project Funding Amount: $4,224,000
  Legal Name of Requesting Entity: Army Corps of Engineers
  Address of Requesting Entity: 701 San Marco Blvd, Jacksonville, FL.
  Description of Request: Army Corps of Engineers, annual Operation and 
Maintenance (O&M) funds are needed for periodic dredging in the 70 
miles of federal channels in the Tampa Harbor.
  The Tampa Harbor is a major shipping channel both for domestic and 
international trade, and of importance to national commerce. As 
Florida's largest cargo port, the Port of Tampa handles approximately 
50 million tons of cargo per year. The Port of Tampa is also the 
largest economic engine in West Central Florida and the nation's 14th 
largest port in terms of short tons.
  For FY 2009, the Army Corps estimated capability is $4.5 million to 
maintain various sections of the Tampa Harbor project, with an emphasis 
on the upper harbor. The Fiscal Year 2009 Army Corps of Engineers 
budget includes O&M for Tampa Harbor within the Eastern Gulf Coast 
System.
  The Tampa Harbor is a federally authorized channel and the statutory 
authorization for requested project is Section 4 of the Rivers and 
Harbors Act of 1922.
  Requesting Member: Representative Adam H. Putnam
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009
  Account: Energy Efficiency and Renewable Energy, Biomass Account
  Project Funding Amount: $713,625
  Legal Name of Requesting Entity: University of Florida
  Address of Requesting Entity: Institute for Food and Agriculture 
Sciences, Post Office Box 110180, Gainesville, FL 32611-0180
  Description of Request: Promotes the development of new energy 
technologies, bioenergy fuel sources, and improvement of existing 
energy efficiencies. Will decrease U.S. dependence on imported energy 
through the creation of new renewable energy technologies coordinated 
by the University of Florida's Florida Center for Renewable Chemicals 
and Fuel.
  The University of Florida, Renewable Energy Program promotes the 
development and production of bioenergy fuel sources to assist in the 
development of new energy technologies and improve existing energy 
efficiencies, through the Department of Energy's Energy Efficiency and 
Renewable Energy, Biomass Account. The overall goal of this project is 
to decrease U.S. dependence on imported energy through the creation of 
renweable fuel sources, and is coordinated by the University of 
Florida's Florida Center for Renewable Chemicals and Fuel.

                          ____________________




                   TRIBUTE TO MRS. ANGELA E. RANDALL

                                 ______
                                 

                          HON. JOSE E. SERRANO

                              of new york

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. SERRANO. Madam Speaker, in recognition of Black History Month 
2009, I rise to honor a woman of great stature in our community, Mrs. 
Angela E. Randall. For nearly sixty years Mrs. Randall has called the 
South Bronx home; most of that time, thirty-seven years to be precise, 
she spent in the service of young people. Thousands knew her growing up 
as a caregiver, a mentor, an educator, and a role model. She has 
touched the lives of so many that if we knew nothing else about her 
besides her deep and lasting commitment to our children, it would be 
enough to know that this is a woman of exceptional character. But we 
are fortunate to know much more about her than that: a community 
activist in the truest and noblest sense, Angela Randall has spent a 
lifetime trying to make this community strong from the ground up, and 
for that she deserves to be commended.
  Angela E. Randall was born in 1928 in New Orleans, Louisiana. She 
received a Bachelor's Degree from Southern University in Baton Rouge 
and a Master's Degree from Teacher's College at Columbia University. 
Academically gifted and not content to stop there, Mrs. Randall further 
advanced her education at the New School for Social Research and later 
at Lehman College, where she studied Social Organization and 
Management. Then in 1968, after working as an Assistant Actuary at 
Teacher's Retirement System, Mrs. Randall took a position for which she 
is perhaps best known in the South Bronx: Program Director of the Hunts 
Point Multi-Service Center, Inc., directing the robust Family Day Care 
Program. She was the first person to hold this position, and it was 
there that over the next thirty-seven years Mrs. Randall provided 
quality, affordable day care to thousands of children in the Bronx, as 
well as created jobs for hundreds of women in the community by training 
them to become licensed caregivers.
  Mrs. Randall's work with children and mothers is but one aspect of an 
exceptionally active, well-rounded life. She has belonged to the same 
place of worship for over a half century, St. Anselm's Catholic Church 
in the Bronx. There she serves as a Eucharistic Minister and Lecturer, 
and is also a member of the Parish Council. In addition, Mrs. Randall 
is Chairperson of the Lincoln Medical and Mental Health Center 
Auxiliary Board, which she joined in 1976, and acts as Secretary of the 
Lincoln Hospital Community Advisory Board. She belongs to a number of 
professional associations including: the Bronx Chapter of the NAACP, 
the National Council of Negro Women, and is a past Vice President of 
the Downtown Bronx Democratic Club. Moreover, she has also been the 
recipient of numerous awards over the years. In 1972 she received the 
First Puerto Rican Conference Award in recognition of her work with 
youth, day care, housing and seniors; in 1984 she received the New York 
State Outstanding Achievement Award from the Bronx Life Members Guild; 
in 1992 an apartment building on Trinity Avenue in the Bronx was named 
in her honor the Angela Randall Apartments; and in 2003 she was named 
Woman of the Year by Lincoln Hospital, just to name a few.
  Madam Speaker, Angela Randall owns a full and deeply impactful life. 
Her compassion and love for young people is known by many, and her 
influence stretches further than can be measured. For example, how many 
children did she help to raise and nurture over the past three decades? 
How many young minds did she help to enrich at a critical stage of 
development? And more: where are these young people now as a result of 
her efforts? How many have gone on to become fathers and mothers, find 
gainful employment, or otherwise assume positions of leadership and 
responsibility? Angela Randall is someone whose reach has long exceeded 
her grasp, and because we know her to be a person of integrity, 
empathy, and faith, we also know that all those whose lives she has 
touched have been warmed by her spirit, and benefited from her wisdom. 
Madam Speaker, I ask that my colleagues join me in recognizing a model 
citizen, and a living testament to selfless devotion to others, Mrs. 
Angela E. Randall.

                          ____________________




                   TRIBUTE TO MONTFORD POINT MARINES

                                 ______
                                 

                           HON. CORRINE BROWN

                               of florida

                    in the house of representatives

                      Wednesday, February 25, 2009

  Ms. CORRINE BROWN of Florida. Madam Speaker, I rise today to pay 
tribute to the Montford Point Marines, the first black Marines.
  As Marines, they fought the enemy, integrated the Armed Services and 
changed their country. On the land and on the sea, the Marines have led 
the way. At home, the fight was within the Corps, however, the Barriers 
soon fell because of a few good men.
  Today's generation of Marines serve in a fully integrated Corps where 
one-fifth of the strength of the Corps are African Americans. African-
American officers, noncommissioned officers, and privates are spread 
throughout the Corps and their service often escapes special notice.
  The fact that there was a time when there were no Blacks allowed in 
the Marines should not be overlooked.
  At the urging of his wife, Eleanor, and threats by civil rights 
activist, A. Philip Randolph with a march on Washington, President 
Franklin Delano Roosevelt signed Executive Order 8802 establishing the 
Fair Employment Practice Commission. The commission prohibited racial 
discrimination by any government agency.

[[Page 5860]]

  With the stroke of his pen on June 25, 1941, President Roosevelt's 
Executive Order allowed Blacks to serve as Marines and marked the 
beginning of the end of officially sanctioned segregation in America.
  On August 26, 1942 Howard P. Perry of Charlotte, North Carolina was 
the first African-American recruit to arrive at Montford Point. From 
August 1942 throughout the end of World War II, 20,000 black men were 
trained at Montford Point and inducted into the Marine Corps.
  Although black troops were trained to be Marines they were kept 
separate from the white troops. Even after they were shipped off to 
battle zones, they still served in exclusively all black units. 
African-Americans continued to serve in segregated units until the Fall 
of 1949 when an executive order from President Harry S. Truman 
established a policy of full integration.
  That same year, the first African American women, Annie E. Graham of 
Detroit, Michigan, Ann E. Lamb of New York City, and Annie L. Grimes of 
Chicago, Illinois, enlisted into the Marines, respectively.
  Madam Speaker, today I rise today to pay tribute to some of America's 
unsung heroes. To all of the Annie Grahams, Ann Lambs, Annie Grimes, 
Edgar Huffs, Frederick Branchs, Gilbert ``Hashmark'' Johnsons, James 
Ferrens, Frank Petersens, and Thomas McPhatters of this world, I say 
Thank you.
  Thank you for your service to our country and we will never forget 
your sacrifice.

                          ____________________




         HONORING HARALSON COUNTY COMMISSION CHAIR ALLEN POOLE

                                 ______
                                 

                           HON. PHIL GINGREY

                               of georgia

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. GINGREY of Georgia. Madam Speaker, in celebration of Black 
History Month, I want to continue recognizing African Americans from 
throughout Georgia's 11th Congressional District who have had a major 
impact on their community.
  Today, I rise to honor Allen Poole of Buchanan, Georgia in Haralson 
County. Allen Poole has selflessly served his community and the State 
of Georgia throughout his life. For more than 18 years, Allen Poole 
served and protected his community as a Georgia State Patrol Officer. 
While with the Georgia State Patrol, Allen was assigned to the Honor 
Guard and also served on special security details for governors and 
presidential nominees.
  After retiring from the State Patrol, Allen became the first African 
American ever elected to the Haralson County Board of Commissioners, 
where he has been appointed Chairman. Currently serving his second term 
as Commission Chair, Allen continues to work to improve his community 
while serving as a wonderful example of a dedicated public servant.
  Madam Speaker, I ask that my colleagues join me in thanking Chairman 
Allen Poole for his leadership and service to the people of Haralson 
County and his commitment to the betterment of his community.

                          ____________________




    TRIBUTE TO MASON COUNTY SCHOOL DISTRICT SUPERINTENDENT TIM MOORE

                                 ______
                                 

                            HON. GEOFF DAVIS

                              of kentucky

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. DAVIS of Kentucky. Madam Speaker, I rise today to congratulate 
one of my constituents, Mason County School District Superintendent Tim 
Moore of Maysville, Kentucky. On January 31st, Superintendent Moore 
received the F.L. Dupree Outstanding Superintendent Award from the 
Kentucky School Board Association.
  The Dupree Award was created by Kentucky School Board Association and 
the family of the late F. L. Dupree, Jr., who was a member of the 
former London Independent Board of Education and a lifelong supporter 
and promoter of public education in Kentucky.
  Superintendent Moore was chosen to receive the Dupree Award for his 
outstanding service to Kentucky's youth and to the communities of Mason 
County. Since becoming Superintendent in 1997, he has helped the school 
district improve its academic rankings, and meet all the goals outlined 
by the No Child Left Behind program. Additionally, he has fostered 
better relationships between students, faculty, parents and staff and 
helped the district rebound from debt by bringing the general fund 
balance up to $4 million.
  Last year, former U.S. Secretary of Education Margaret Spellings and 
I traveled to the Mason County School District to learn about the 
innovative ways Superintendent Moore has dealt with the challenges 
faced by rural schools. During the visit, Superintendent Moore helped 
lead roundtable discussions with the Secretary, teachers, students and 
parents to discuss the local impact of federal education law in 
Kentucky and the improvements that can be made. Secretary Spellings and 
I were very impressed with Superintendent Moore's commitment to the 
students and to improving the learning environment in Mason County.
  Superintendent Moore has inspired countless children and has been an 
exceptional leader in the Fourth District.
  Madam Speaker, I ask you to join me in commending Superintendent Tim 
Moore for his achievements.

                          ____________________




             INTRODUCTION OF THE GREEN STREETS ACT OF 2009

                                 ______
                                 

                           HON. RUSS CARNAHAN

                              of missouri

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. CARNAHAN. Madam Speaker, I rise today to introduce the Green 
Streets Act of 2009. Cities and States across the country are having a 
hard time affording the asphalt needed to repair their crumbling 
streets due to increasing cost of asphalt. This increase in the cost 
has been caused by many refineries forgoing asphalt production to 
instead produce more profitable products. As a result, communities in 
my district and across the country are postponing roadwork until 
transportation departments can better allocate funds without breaking 
their budgets.
  To provide cash strapped cities and States the much need break in 
asphalt costs, I have introduced the Green Streets Act, which would 
promote the research of alternative asphalt binders made from biomass. 
In my home State of Missouri there is a company that is researching the 
use of swine manure to replace petroleum as an asphalt binder.
  Not only could this potentially cut street repair costs for 
communities across the country, but would also reduce our greenhouse 
gas emissions by reducing the amount of biomass left to give off carbon 
dioxide. I urge my colleagues to join me in supporting the Green 
Streets Act of 2009.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                        HON. DONALD A. MANZULLO

                              of illinois

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. MANZULLO. Madam Speaker, pursuant to the Republican Leadership 
standards on earmarks, I am submitting the following information 
regarding the nine earmarks I secured as part of H.R. 1105, Omnibus 
Appropriations Act, 2009. H.R. 1105 is a compilation of nine regular 
non-security related Fiscal Year 2009 appropriations bills that are 
each separated into their own divisions.
  In Division B, covering the Department of Justice, the Office of the 
Sheriff in Stephenson County, Illinois will receive $225,000 under the 
Community Oriented Policing Services Law Enforcement Technology account 
to place forward-looking infrared (FLIR) equipment on their Bell OH58 
police helicopter for use throughout northern Illinois. The Office of 
the Sheriff of Stephenson County is located at 15 North Galena Avenue 
in Freeport, Illinois, 61032. Mr. David Snyders is the Sheriff of 
Stephenson County. The purpose of this funding is to assist Stephenson 
County with their search capabilities. The FLIR mounts under the 
helicopter and combines a highly sensitive digital thermal imaging 
camera with a color video camera inside a single housing. With this 
unit, the Sheriff's Office of Stephenson County will be able to locate 
missing persons or felons attempting to hide by their heat signature, 
regardless of time of day or weather conditions. The helicopter is 
available at no cost to any local, state, or federal law enforcement 
agency in northern Illinois, in addition to local fire departments. The 
Stephenson County Sheriff's Office is a member of the Illinois Law 
Enforcement Alarm System (ILEAS) in Region 2, which is comprised of 18 
counties making it the largest ILEAS region in the state covering a 
widely dispersed population in rural Illinois.
  In Division C, covering the Army Corps of Engineers, the City of 
Rockford, Illinois will receive $526,000 under the Corps' 
Investigations account, to continue to conduct the Keith Creek Flood 
Control feasibility study for the Alpine Dam in the City of Rockford, 
Illinois in partnership with the Army Corps of Engineers.

[[Page 5861]]

The Office of the City of Rockford, Illinois is located at 425 East 
State Street in Rockford, Illinois, 61104. Mr. James Ryan is the City 
Administrator of Rockford, Illinois. Currently, the Alpine Dam does not 
provide reliable flood protection and is at risk of failure, 
threatening 11,000 residents and businesses along Keith Creek in 
Rockford, Illinois. The study is necessary for the Army Corps of 
Engineers of Rock Island District to determine the cost and 
environmental impact of remedying the threat posed by the Alpine Dam. 
This was a joint request with Senator Richard Durbin.
  In Division D, covering the Small Business Administration (SBA), the 
Chicago/Rockford International Airport will receive $300,000 from the 
SBA account to support the operations of a Manufacturing Research and 
Development/Education Center in partnership with Embry-Riddle 
Aeronautical University, Northern Illinois University (NIU), Rock 
Valley College (RVC), and other small business incubator programs in 
the community. The Greater Rockford Airport Authority is located at 60 
Airport Drive in Rockford, Illinois, 61109. Mr. Bob O'Brien is the 
Executive Director of the Rockford Airport. The center will house 
classrooms as well as R&D facilities for local small businesses. The 
new center will support the development of new aerospace small business 
in the region and host a number of new aerospace related manufacturing 
companies at a small business incubator. The center will also provide 
training for the workforce required in these new endeavors.
  In Division E, covering the Environmental Protection Agency (EPA), 
the Village of Mt. Morris will receive $500,000 from the State and 
Tribal Assistance Grants (STAG) Water and Wastewater Infrastructure 
Project account. The Village of Mt. Morris is located at 105 West 
Lincoln Street in Mt. Morris, Illinois, 60154. The Honorable Gregory 
Unger is the Village President of Mt. Morris. The Village of Mt. Morris 
is planning to design and build a new wastewater treatment plant that 
will replace the current facility, which is approximately 125 years 
old. The Illinois EPA has also imposed new operating requirements that 
will not be met by the current physical condition of the present 
system. The total estimated cost of the new system to meet 50 year 
growth projections is approximately $7.5 million. Federal funding is a 
critical component of the funding package needed to help get this 
project designed, and moving forward to construction.
  In Division F, covering the Departments of Education and Health and 
Human Services (HHS), I secured three separate earmarks. First, under 
the Higher Education account, Rockford College will receive $238,000 to 
equip classrooms and science laboratories with technology to 
significantly enhance student learning. Rockford College is located at 
5050 East State Street in Rockford, Illinois, 61108. Mr. John McNamara 
is the Vice President of College Development. Federal funding is 
critical to help upgrade nine antiquated classrooms and two 
laboratories at Rockford College and convert them to modern smart 
learning centers. This is a joint request with Senator Richard Durbin.
  Second, under the Health Resources and Services Administration 
account, the Crusader Clinic in Rockford, Illinois, will receive 
$238,000 to help fund a new electronic health records (EHR) system. The 
Crusader Clinic is located at 1200 West State Street in Rockford, 
Illinois 61102. Mr. Gordon Eggers, Jr., is the President and CEO. The 
Crusader Clinic is a community health center that serves multiple 
counties in northern Illinois and provides care to over 40,000 low-
income, uninsured, and underinsured patients annually in the region. 
Because of the growing patient caseload and new federal requirements, 
this community health clinic now has a great need to implement an EHR 
system throughout their clinics at an estimated cost of $1 million. 
This funding will help improve the delivery of medical care to those 
who would otherwise use the emergency room at local hospitals. This is 
also a joint request with Senator Richard Durbin.
  Third, also under the Health Resources and Services Administration 
account, the University of Illinois' College of Medicine in Rockford, 
Illinois will receive $238,000 to help build the National Center for 
Rural Health Professions. The Rockford campus is located at 1601 
Parkview Avenue in Rockford, Illinois, 61107. Dr. Martin Lipsky is the 
Dean of the Rockford campus of the U of I College of Medicine. The 
Center will conduct research, develop curricula, implement and evaluate 
rural medical and health care education models, provide consultation to 
other medical colleges, and study trends in rural health related to 
health professional training needs. Medical colleges throughout the 
U.S. can use the research findings and curriculum models to implement 
training for rural health professionals to practice in medically under-
served rural areas in their respective states. The College of Medicine 
has raised $4 million in private funds toward this $32 million 
expansion project. Another $14 million has been committed by the 
University of Illinois, and the university is also seeking state 
funding to complete the project.
  In Division I, covering the Departments of Housing and Urban 
Development (HUD) and Transportation, I secured two separate earmarks. 
First, under the Economic Development Initiatives account at HUD, the 
City of Freeport, Illinois will receive $237,500 for various public 
infrastructure improvements. The City of Freeport is located at 230 
West Stephenson Street in Freeport, Illinois, 61032. The Honorable 
George Gaulrapp is the Mayor of Freeport. Freeport wants to make 
improvements to public infrastructure in the downtown area to promote 
and support expansion of manufacturing facilities. The funds would be 
used for a variety of infrastructure improvements, including replacing 
a water main, upgrading and ``undergrounding'' above-ground power 
lines, and various roadway and streetscape upgrades in downtown 
Freeport to make it a more attractive place to live and work.
  Second, McHenry County, Illinois will receive $570,000 under the 
Transportation, Community, and System Preservation account to widen 
Rakow Road. The County of McHenry is located at 2200 Seminary Avenue in 
Woodstock, Illinois. Mr. Peter Austin is the County Administrator of 
McHenry County. This road project will help relieve traffic congestion 
and improve safety by increasing capacity to Rakow Road from Ackman 
Road to Illinois Route 31 by adding two or three through lanes in each 
direction and adequate turn lanes at the intersections. In 2004 and 
2005, there were 566 accidents (71 percent were rear-end collisions) 
and 171 injuries at this three mile stretch of highway that desperately 
needs improvement. This request also begins to implement the $5.72 
million authorization for this project that I secured as part of the 
2005 Surface Transportation Reauthorization Act (Public Law 109-59).
  Madam Speaker, I want to take this opportunity to thank the Chairman 
of the House Appropriations Committee, Representative David Obey, and 
the Ranking Minority Member, Representative Jerry Lewis, and the 
respective leadership of the six Appropriations subcommittees for 
working with me in a bipartisan manner to include these nine requests 
in this spending bill. I also want to thank Senator Richard Durbin, the 
senior Senator from Illinois, for joining with me on three of these 
requests.

                          ____________________




            RECOGNIZING THE THIRD ANNUAL CESAR CHAVEZ MARCH

                                 ______
                                 

                          HON. DALE E. KILDEE

                              of michigan

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. KILDEE. Madam Speaker, I rise today to recognize the 22nd 
anniversary of the naming of Chavez Drive in my hometown of Flint, 
Michigan. To honor this occasion, and to celebrate the 82nd anniversary 
of Cesar Chavez's birthday, the Hispanic Latino Collaborative of 
Genesee County is sponsoring a Citizens March on March 28th along 
Chavez Drive. The march will be followed by a reception and luncheon on 
the campus of the University of Michigan-Flint.
  After his family lost their farm during the Great Depression, Cesar 
Chavez spent his childhood as a migrant worker following the crops 
across the Southwest. After serving in the Unites States Navy during 
World War II, Cesar returned to farm work and began his lifelong quest 
to bring justice, equality and dignity to migrant workers throughout 
our Nation. He adopted the nonviolent philosophy of Gandhi and founded 
the United Farm Workers of America. In the face of formidable odds he 
persevered and after a 5 year struggle against California grape 
growers, Cesar Chavez won the first union contract for migrant workers 
and brought about respect for the workers toiling in our fields.
  The Presidential Medal of Freedom is awarded to persons that have 
served democracy and advanced the universal interests of humanity. The 
list of recipients is an honor roll of individuals that have struggled 
against adversity for the common good. In 1994, as he posthumously 
awarded the Presidential Medal of Freedom to Cesar Chavez, President 
Clinton said, ``He was for his own people a Moses figure.'' Cesar 
Chavez exemplified compassion, dedication and advocacy for farm workers 
everywhere. He passed away 1 year earlier leaving our world better than 
he found it.
  Madam Speaker, Flint Michigan was the first community in our Nation 
to honor this great

[[Page 5862]]

humanitarian by naming a street after Cesar Chavez. I ask the House of 
Representatives to join me in congratulating the Hispanic Latino 
Collaborative for honoring the memory of Cesar Chavez and his legacy to 
the American people.

                          ____________________




                       NATIONAL PEACE CORPS WEEK

                                 ______
                                 

                          HON. LYNN C. WOOLSEY

                             of california

                    in the house of representatives

                      Wednesday, February 25, 2009

  Ms. WOOLSEY. Madam Speaker, I rise today during National Peace Corps 
week to honor the immeasurable contributions of the more than 195,000 
Americans who have volunteered to serve in 139 countries in the cause 
of peace since 1961. Through mutual respect and understanding, these 
men and women have committed themselves to improving our country's 
relationships with the rest of the world, and I applaud their 
dedication to communities around the globe.
  When President John F. Kennedy created the Peace Corps 48 years ago, 
he set out to provide ordinary men and women with an opportunity to 
strengthen developing countries devastated by the effects of poverty, 
disease, and war. Volunteers have come from all walks of life, some 
with years of experience and some just out of college.
  Peace Corps volunteers have mobilized to combat some of the world's 
most urgent humanitarian crises, including providing crucial assistance 
to communities in need of post-conflict relief and reconstruction as 
well as countries overwhelmed by natural disasters. These men and women 
have helped economically depressed communities develop new business 
plans, struggling farmers improve their crop production, and families 
devastated by HIV/AIDS receive the care they need.
  Currently, volunteers are serving in 76 countries, providing 
development assistance while fostering new bonds of friendship and 
seeking common ways to address global challenges. Over 400 men and 
women have volunteered from California's Sixth District, including the 
following current volunteers: Samantha Atkins, Gail Bachman, Tracey 
Bloch, Jamie Bowen, Catherine Carlton, John Cervetto, Rebecca Como, Jed 
D'Abravanel, Fionah Dominis, Jillian Geissler, Emilie Greenhalgh Stam, 
Daniel Grinnell, Alexis Guild, James Gurney, Amy Howland, Larissa Hsia-
Wong, David Hughes, Frank Lester, Ryan Loughlin, Alissa Mayer, Reid 
Miller, Ryan Reichert, NurAliyya Shelley, Robin Smith, Jessica Souza, 
and Jessica Wright.
  Madam Speaker, the 48th anniversary of the establishment of the Peace 
Corps is an achievement that we should all commemorate. I celebrate the 
leadership and accomplishments of these compassionate Americans who 
have committed themselves to promoting global peace, diplomacy, and 
understanding.

                          ____________________




                     FEMA INDEPENDENCE ACT OF 2009

                                 ______
                                 

                         HON. JAMES L. OBERSTAR

                              of minnesota

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. OBERSTAR. Madam Speaker, I am proud today to introduce H.R. 1174, 
the ``FEMA Independence Act of 2009'', a bill to re-establish the 
Federal Emergency Management Agency (``FEMA'') as an independent, 
cabinet-level agency reporting directly to the President.
  This bill restores FEMA's ability to be a nimble and effective 
response agency, re-instates FEMA's role in building basic emergency 
management capability around the country, and removes FEMA from the 
large bureaucracy within the Department of Homeland Security (``DHS'') 
that has hindered the agency's disaster response and recovery efforts 
for six years.
  On March 1, 2003, President Bush delegated to the Secretary of the 
Department of Homeland Security the responsibility for administering 
the Federal Government's assistance to States and local governments 
whose citizens and communities are affected by disasters, and subsumed 
the Federal Emergency Management Agency into the newly-created 
Department of Homeland Security.
  Since 2003, FEMA has failed the American people. Hurricane Katrina 
remains foremost in our minds. It is shameful that, to this day, many 
citizens and communities in Louisiana have still not recovered from the 
disaster. Beyond Hurricane Katrina, FEMA's performance has continued to 
be deficient, such as in the agency's inadequate response to the 
discovery of formaldehyde in FEMA trailers, a serious threat to public 
health. More recently, residents in Texas experienced significant 
shortcomings in the delivery of recovery assistance, including debris 
removal and housing, in the aftermath of Hurricane Ike. Today, the 
Subcommittee on Economic Development, Emergency Management, and Public 
Buildings is holding yet another hearing on the status of recovery 
efforts in Louisiana, Mississippi, and Texas from these hurricanes. The 
fact that there are still individuals and communities in need 
demonstrates that dramatic improvements that can and must be made to 
the Federal government's provision of disaster assistance and 
leadership in emergency management.
  Oversight hearings since 2003 held by the Committee on Transportation 
and Infrastructure have shown a clear correlation between the 
absorption of FEMA into DHS and the deterioration of FEMA's 
effectiveness. One reason for this trend it that since becoming a part 
of DHS, FEMA's emergency management mission has been distorted by a 
focus on terrorism. Key Federal grant programs that previously helped 
build basic emergency management and fire fighting capability in 
communities around the country are now made available only if 
applicants can show a nexus to terrorism. In the last six years, the 
Federal Government has spent ten times more on terrorism preparedness 
(nearly $15 billion) than on core emergency management preparedness 
($1.5 billion). Yet since 2000, the President has declared only two 
disasters because of terrorist attacks, but nearly 500 disasters due to 
natural hazards.
  Further, quick decision-making and the flexibility to shift course as 
events change are two fundamental hallmarks of successful emergency 
management. Within DHS, FEMA officials have had to run all decisions 
through the Secretary of Homeland Security. FEMA has also had to work 
through the Secretary to access non-FEMA Federal resources in a 
response effort. These additional layers, which did not exist when FEMA 
was an independent agency, cause delays, impact the speed and 
flexibility of services that are provided to citizens and communities, 
and add unnecessary obstacles following a disaster. Being subsumed in a 
DHS bureaucracy has impaired FEMA's ability to carry out its mission 
quickly and effectively.
  Since 2003, DHS has centralized disaster response and recovery 
capabilities at the Federal level, which has shut out FEMA's 
partnerships with State and local governments, and undermined the 
emergency management system. DHS has also created separate functions 
under the direct control of the Secretary to perform functions that by 
law are the sole responsibility of FEMA, such as pre-designation of 
individuals to serve as Principal Federal Officials (``PFOs'') for 
disasters during the 2008 Hurricane season. Since its incorporation 
into DHS, FEMA has also had to rely increasingly on support from 
contractors, due to a loss of experienced FEMA personnel and a 
reduction of emergency management capacity at the State and local level 
as the focus of emergency management grant funding has shifted to 
terrorism-preparedness programs.
  For these reasons, I have long opposed the incorporation of FEMA into 
DHS. During House consideration of the Homeland Security Act of 2002, I 
said:
  This is July 2002. Let us fast forward to July 2003. The majority has 
prevailed. FEMA is a box in the mammoth bureaucracy of the Department 
of Homeland Security. Flood waters are swirling around your city. You 
call for help. You get the Department of Homeland Security. The 
switchboard sends your call to the Under Secretary's office which looks 
up ``disaster'' on their organizational chart and sends you to the 
Congressional Liaison Office, which then promises to get a message back 
to you in 24 hours. Eventually, they find FEMA, by which time you are 
stranded on the roof of your house waving a white handkerchief and 
screaming for help. FEMA, the word comes back, sorry, is looking for 
suspected terrorists some place and will get back to you as soon as we 
can.
  Unfortunately, we have seen these predictions come true. Unless FEMA 
is re-established as an independent, cabinet-level agency, I expect 
this history to repeat itself.
  After Hurricanes Katrina and Rita, Congress enacted changes to try to 
fix the problems plaguing FEMA by enhancing the agency's authority 
within the Department of Homeland Security. Unfortunately, these 
changes have done little to restore the type of robust emergency 
management agency that is needed at the Federal level. Tinkering around 
the edges will not work; fixing this flawed system requires fundamental 
change. This bill takes the

[[Page 5863]]

most important and necessary first step to fix the problem--re-
instating FEMA as an independent agency.
  Specifically, H.R. 1174 affirms FEMA's mission to reduce the loss of 
life and property and protect the United States from all hazards, by 
leading and supporting a comprehensive emergency management system of 
preparedness, response, recovery, and mitigation.
  As prescribed by the bill, an independent FEMA will be led by an 
Administrator and a Deputy Administrator with extensive experience in 
emergency preparedness, response, recovery, and mitigation from 
hazards. The bill maintains and strengthens FEMA's regional structure 
of ten regional offices and three area offices. Each regional office 
will be lead by a Regional Administrator with a demonstrated ability in 
and knowledge of emergency management.
  The bill provides for the transfer of core emergency management 
programs and functions to the newly independent FEMA, including: FEMA's 
disaster assistance programs authorized by the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act; the National Flood 
Insurance Program; the Earthquake Hazards Reduction Program; the 
National Dam Safety Program; the U.S. Fire Administration; the 
Emergency Food and Shelter Program; and FEMA's programs for Continuity 
of Operations and Continuity of Government.
  The bill does not transfer any grant programs, currently administered 
by FEMA, that are specific to terrorism, such as the Urban Area 
Security Initiative and the State Homeland Security Grant Program. This 
will ensure that the Department of Homeland Security will continue to 
lead our Nation's efforts to prevent and protect against terrorist 
incidents and attacks.
  The bill further requires the FEMA Administrator to maintain the 
National Advisory Council and to retain a Disability Coordinator within 
the newly-established entity; continues the authorization of the 
National Integration Center within FEMA; and ensures that FEMA will 
proceed on the development of standards for credentialing and typing in 
collaboration with the administrators of the Emergency Management 
Assistance Compact and other State, local, and tribal entities. Each of 
these activities is currently authorized and being implemented by FEMA.
  The transfer of all functions relegated to FEMA by the bill must be 
completed within 120 days of enactment of the bill.
  This matter is far too important, and impacts directly the lives of 
too many of our nation's citizens, to delay any further. We must act 
quickly to restore FEMA's autonomy and effectiveness.
  I urge my colleagues to join me in supporting H.R. 1174, the ``FEMA 
Independence Act of 2009''.

                          ____________________




                      CONGRATULATIONS TO RON HULL

                                 ______
                                 

                           HON. ADRIAN SMITH

                              of nebraska

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. SMITH of Nebraska. Madam Speaker, I rise today to offer my hearty 
congratulations to Ron Hull on his reception of the Pioneer Award from 
the NEBRASKAIand Foundation for his efforts to portray the spirit of 
Nebraska's heritage through his good works.
  Each year, the NEBRASKAIand Foundation celebrates Nebraska's entrance 
into the union. During this event, the Foundation honors distinguished 
Nebraskans for the impressive contributions to the State of Nebraska.
  Nothing sums up the spirit and values of Nebraska more than a 
person's willingness to reach out to friends, neighbors, and even 
strangers to help make our world a better place. Ron's dedication to 
tourism, historical leadership, and his career in public broadcasting 
is an inspiration.
  I thank Ron for his dedication and his service.

                          ____________________




                  PRIMARY CARE VOLUNTEER INCENTIVE ACT

                                 ______
                                 

                           HON. KATHY CASTOR

                               of florida

                    in the house of representatives

                      Wednesday, February 25, 2009

  Ms. CASTOR of Florida. Madam Speaker, America is facing a troubling 
physician shortage. It is estimated that the U.S. could be short 
200,000 physicians by next year, while the number of patients is 
expected to increase by 24 percent. Furthermore, most medical school 
students incur more than $100,000 in student debt and primary care 
doctors are becoming scarce. New physicians are entering more lucrative 
specialties that better assist in their student debt payoff.
  To join efforts that are underway across the country to address 
health care workforce shortages, today I will introduce the Primary 
Care Volunteer Incentive Act. This legislation will create a volunteer 
program for primary care physicians that will allow them to receive 
medical school loan repayment for their dedication to a community 
health center with high needs.
  The Primary Care Volunteer Incentive Act will implement a program for 
doctors who specialize in family medicine, general pediatrics and 
general internal medicine. This program will request a five year 
volunteer commitment that will help doctors to develop a strong and 
longstanding relationship with their patients and communities. The 
program will build on the current National Health Service Corps program 
by allowing doctors to volunteer only part-time at a community health 
center in an area with a large primary care physician shortage.
  This legislation is a vital step in closing the gaps that exist for 
medically disenfranchised Americans. Fifty-two percent of uninsured 
Americans do not have a primary care provider and at least two in five 
residents in Alabama, Alaska, Florida, Kansas, Mississippi, Missouri, 
Oregon, South Carolina and Utah have inadequate access to routine 
health services. We know that lack of access to a primary care provider 
means that patients are not receiving preventive care, which helps 
people to lead healthier lives and keeps them out of emergency rooms 
for preventable and manageable conditions.
  Too many of our neighbors are without basic care. Ensuring access and 
affordable health care should be our top priority. I have seen first 
hand the positive impact that access to community health care has given 
my district in the Tampa Bay area, and today my bill will help to see 
that communities will not continue to suffer losses in primary care 
providers that cannot be afforded.

                          ____________________




       INTRODUCTION OF THE PART-TIME FEDERAL EMPLOYEES EQUITY ACT

                                 ______
                                 

                          HON. JAMES P. MORAN

                              of virginia

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. MORAN of Virginia. Madam Speaker, I rise today to introduce 
legislation that will correct an inequity in the computation of 
retirement annuities for some federal employees. The Part-Time Federal 
Employees Equity Act is intended to help support the federal 
government's ability to retain current employees in the face of the 
oncoming wave of retirement that will hit the federal workforce in less 
than a decade.
  I am proud to represent more than 98,000 Virginians who have served 
our country within the ranks of the federal civil service. Protecting 
the quality of life of these beneficiaries and ensuring the future 
strength of the federal retirement system are two of the most important 
issues to my district. It is essential that Congress support efforts 
that maintain the integrity, quality and vitality of the federal 
workforce.
  It has been well documented that over the next ten years, the federal 
workforce will undergo significant demographic changes that threaten 
the federal government's strength and effectiveness. As the baby-boom 
generation, which makes up a disproportionately large part of the 
overall workforce, nears retirement age, federal agencies will face a 
crisis in manpower, especially within its senior executives and 
management ranks. Information from OPM shows that approximately ``60 
percent of the government's 1.6 million white-collar employees and 90 
percent of about 6,000 Federal executives will be eligible for 
retirement within the next ten years.''
  This likely wave of retirement threatens to drain the federal 
workforce of its most experienced and talented employees at a pace that 
will be difficult to replace with a well-qualified, trained workforce. 
Congress, in coordination with the Executive Branch, must develop an 
overall strategy with specific policy solutions so that the potential 
``brain drain'' doesn't threaten the efficient delivery of government 
services.
  One leading factor that influences the retention of senior personnel 
is the retirement package offered by the federal government. As 
currently structured, the federal retirement system for some workers 
actually penalizes employees that wish to extend their careers by 
working part-time. As the federal workforce faces the prospect of 
losing an unprecedented number of employees over the next 10 years, 
many of the anticipated shortages can be met

[[Page 5864]]

with part-time employees. One of the greatest impediments to allowing 
part-time work are disincentives and restrictions imposed by the 
federal pension system.
  I have introduced the Part-Time Federal Employees Equity Act to 
address the annuity computations of federal employees retiring under 
the Civil Servant Retirement System (CSRS). I believe that this 
legislation can serve the dual purpose of correcting a longstanding 
inequity for retiring federal employees, as well as offering employees 
nearing retirement the option for continued part-time service without 
negatively impacting their retirement benefits.
  Over 10 years ago, the 100th Congress included a provision in the 
Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1986 (P.L. 
99-272) that amended the civil service retirement law for federal 
workers with part-time service. Section 15204 prevented part-time 
employees from being credited with the same number of years of service 
as those who worked full-time over the same period. Before the law's 
passage, an individual who had worked part-time for most of his or her 
career could switch to full-time work the last three years of his or 
her career and receive the same retirement benefits as someone who 
worked full-time throughout the same period.
  As the Subcommittee knows, federal annuities are calculated by 
multiplying the average three highest continuous years of salary, times 
years of service, by an accrual rate. The new methodology determines 
the proportion of a full-time career that a part-time employee works 
and scales annuities accordingly. Under the formula, a part-time salary 
is calculated on a full-time equivalent basis (FTE) for retirement 
purposes. Thus, a worker's ``high-three salary'' could occur during a 
period of part-time service. This often happens when a senior-level 
worker cuts back on his or her hours. The disproportionate share of 
these workers appears to be women, who leave the federal service to 
care for others.
  The problem with the new formula is that it has negative consequences 
for workers hired before 1986. First, it fails to provide the accrued 
full year of credit for each year of part-time service of workers who, 
before 1986, had completed part-time service for which they had 
understood they would receive full-time credit. Second, the formula can 
have a negative impact on retirees' annuity if the computation of the 
``high-three salary'' occurs during part-time service. Specifically, 
the formula incorrectly minimizes full-time employment before 1986, 
which hurts agencies' ability to retain experienced federal workers by 
offering part-time employment. Finally, this complex formula can lead 
to computational errors involving annuities with part-time service. 
There are possibly thousands of civil servants who are eligible under 
CSRS that may be impacted by the inequity in this law.
  My legislative proposal will restore full credit for part-time work 
performed before 1986, eliminate the adverse effect of part-time 
service performed late in an employee's career, and provide a 
simplified annuity computation in cases involving part-time service. 
Though it is important to eliminate the inequity for future retirees, 
it is perhaps more important to tear down the artificial barrier to 
part-time service at the end of an employee's career.
  Madam Speaker, I believe that this proposal will correct a long-
standing obstacle to part-time service and may help agencies retain 
qualified federal employees nearing retirement for part-time service.

                          ____________________




        CELEBRATING THE 50TH ANNIVERSARY OF MR. AND MRS. LARSON

                                 ______
                                 

                             HON. JIM COSTA

                             of california

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. COSTA. Madam Speaker, I rise today to congratulate Mr. and Mrs. 
John Philip Larson on the celebration of their 50th wedding 
anniversary. Phil and Joyce Larson were married 50 years ago on March 
21, 1959 in Kingsburg, California. They raised two children and have 
three grandchildren.
  Phil Larson was born on September 5, 1933 in San Francisco, 
California. His parents moved to the Central Valley where he was raised 
in the beautiful Fresno County countryside near the town of Kerman, 
California. Phil graduated a proud Kerman High School Lion in 1951. He 
joined the U.S. Marine Corps in 1953 and was deployed to Korea on 
December 22, 1953. In 1956, he was honorably discharged from the U.S. 
Marine Corps and remained in the U.S.M.C. Reserves until 1961. After 
serving his country, Phil returned to the family farm. While continuing 
to farm with his father, he joined the Wilbur-Ellis Company in 1963, 
and after 38 years he retired in 2000. In 2001, Phil won the seat for 
District 1 Fresno County Board of Supervisors. Now serving his second 
term, he is a very influential leader for San Joaquin Valley 
agriculture. Phil is a true and exemplary public servant to his 
constituents and the Central Valley.
  Joyce Larson was born on May 16, 1935 in the ``Raisin Capital of the 
World,'' Selma, California. She grew up in the nearby town of Parlier. 
Joyce graduated a proud Selma Bear in June 1953. She attended 
California State University, Fresno and graduated in 1957 with a 
Bachelor's Degree in Home Economics. She taught Home Economics in 
Fresno at Roosevelt High School between the years of 1957 and 1962 and 
then taught another year at McLane High School. After raising her 
children she spent 13 years at Tranquility High School as a Special 
Education teacher. Joyce also received her Master's Degree in Special 
Education from Fresno Pacific University in 1994. She retired in 2000.
  Phil and Joyce met through their church, which has been a foundation 
for their love and family. Phil proposed to Joyce in August of 1958 and 
they were joined in marriage on March 21, 1959. They have lived and 
raised their children near Kerman, California for the past 50 years. 
They were instrumental in the founding of the Kerman Covenant Church in 
1970. The highlight of their marriage has been their two children, 
Timothy John and Lisa Renae, who have blessed them with three 
grandchildren, Lindsey Goodell, Tanner Torrano and Haylee Torrano.
  Nothing has been more important than their sense of family and 
putting God first in their marriage. The love and respect Phil and 
Joyce have shared has been a tremendous example to everyone who has 
known them. They are highly esteemed in the communities where they have 
lived and served, helping many in need.
  Congratulations again to Phil and Joyce Larson. Their story is 
reflective of the American Dream, working hard and playing by the rules 
to create better lives for themselves and their children. As a result, 
they have made their community, their church, and the Central Valley a 
better place to live for future generations.

                          ____________________




                      RECOGNIZING WILLIAM R. KEITH

                                 ______
                                 

                          HON. DALE E. KILDEE

                              of michigan

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. KILDEE. Madam Speaker, I rise today in remembrance of William 
Raymond Keith, who passed away on January 30, 2009. Bill was born in 
Jackson, MI on October 24, 1929 to Ruth Arlene Young and Raymond Joseph 
Keith. Bill graduated from Detroit's Wilbur High School in 1948 and the 
University of Michigan's School of Banking in 1963.
  Bill served in the U.S. Army in Germany in 1950-51, singing vocals 
with the 82nd Army Band. Employed by Manufacturers National Bank for 19 
years, he worked his way up from messenger to branch manager and bank 
officer. Bill was well respected and admired for his 22 years serving 
in the Michigan House of Representatives. He chaired the House 
Education, Colleges & Universities, and Banking and Finance Committees. 
He was a champion for public education, always fighting to enhance 
learning opportunities for children. His long years of service took him 
to many international locations including China, Japan, Korea, France 
and Germany. The German President awarded him the Officer's Cross of 
Merit (the highest honor that can be given to a non-German citizen). 
Bill has received numerous awards for his work in public service. In 
1991, he was inducted into the Michigan Education Hall of Fame. During 
his retirement, he volunteered as a docent at the Michigan Capitol 
Building, enjoying sharing that beautiful treasure with schoolchildren 
from around the state.
  Bill also loved music and singing. Starting in high school when he 
sang with the Don Large Chorus on WJR, performing with big bands in the 
Detroit area, and more recently singing with his wife Phyllis in their 
church choir, at nursing homes, senior residences and local events, 
Bill loved to revive classic songs of the 40's and 50's. Many people 
over the years were touched by his music. Bill had and amazing sense of 
humor, and was always waiting to greet you with a new joke. Most of 
all, he treasured his family, including his wife, kids, grand-kids and 
his dogs. He was a kind, generous and gentle man with a great strength 
of character and wisdom.
  Bill is survived by his loving wife, Phyllis Keith, and his six 
children: Brian W. Keith of Lansing, MI; David R. Keith of DeLand, FL; 
April M. Keith of Lake Orion, MI; Betty Keith Pomerantz of Newbury 
Park, CA; Robyn S. Hubbard of Grand Rapids, MI; and Ryan E.

[[Page 5865]]

Zaiser of Bloomingdale, GA. He is also survived by 10 grandchildren and 
3 great-grandchildren.
  Madam Speaker and colleagues, please join me in celebrating the life 
of William Raymond Keith--an accomplished legislator, great leader and 
endearing family man.

                          ____________________




                          HONORING TONY BROWN

                                 ______
                                 

                         HON. MARSHA BLACKBURN

                              of tennessee

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mrs. BLACKBURN. Madam Speaker, I rise today to celebrate the 
accomplishments of Tony Brown as he receives the 2009 Cecil Scaife 
Visionary Award at the Musicians Hall of Fame in Nashville.
  Simply stated, Tony Brown is a legend in the Nashville music 
business. As the driving force behind MCA Nashville, Tony has been 
instrumental in the success of country music superstars from George 
Strait and Reba McEntire to Wynonna Judd, Trisha Yearwood, Vince Gill 
and Brooks & Dunn. Tony Brown's efforts have helped artists such as 
these create what is in essence a soundtrack for America.
  But the overwhelming success of these artists is only part of Tony 
Brown's legacy. He is equally respected for his efforts to broaden the 
definition of what country music can be by signing and nurturing 
artists who defy easy categorization. He helped create space in the 
music business for people like Steve Earle, Lyle Lovett, Rodney 
Crowell, Kelly Willis and other artists who challenge the boundaries of 
country music.
  Madam Speaker, I ask my colleagues to join me in congratulating Tony 
Brown as he receives this distinguished award. Please join me in 
congratulating Tony for his efforts to ensure that Nashville, Tennessee 
will always be one of the musical and cultural treasures of our 
country.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                            HON. TODD TIAHRT

                               of kansas

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. TIAHRT. Madam Speaker, in accordance with the February 2008 New 
Republican Earmark Standards Guidance, I submit the following in 
regards to the Fiscal Year 2009 Labor, Health and Human Services, and 
Education Appropriations Act found in H.R. 1105, the FY 2009 Omnibus 
Appropriations Act:
  Department of Education (DOE)--Arkansas City Public Schools: H.R. 
1105, the FY 2009 Omnibus Appropriations Act contains $120,000 for 
Arkansas City Public Schools, Arkansas City, KS for the purchase of 
equipment in the Fund for the Improvement of Education (FIE) Account. 
The entity to receive funding for this project is Arkansas City 
Schools, Unified School District 470, at 2545 Greenway, Arkansas City, 
KS 67005.
  This funding will help the schools reach their Five-Year Strategic 
Plan objective of developing career technology. It will provide 
additional computers and support hardware, including printers and 
storage devices, and facilitate a workplace environment to help 
students develop technology-based job skills concurrent with classroom 
learning objectives.
  No matching funds are required for this Department of Education 
project.
  Department of Education (DOE)--Coffeyville Public Schools: H.R. 1105, 
the FY 2009 Omnibus Appropriations Act contains $167,000 for 
Coffeyville School District, Coffeyville, KS for purchase of equipment 
in the Fund for the Improvement of Education (FIE) Account. The entity 
to receive funding for this project is Coffeyville School District at 
615 Ellis, Coffeyville, KS 67337.
  Coffeyville, KS was hit by severe flooding in July 2007, which has 
significantly impacted the finances of the region. This funding would 
assist USD 445 in providing access to technology for students who would 
otherwise be financially unable to do so.
  No matching funds are required for this Department of Education 
project.
  Department of Education (DOE)--Independence Public Schools: H.R. 
1105, the FY 2009 Omnibus Appropriations Act contains $238,000 for 
Independence Public Schools, Independence, KS for purchase of equipment 
in the Fund for the Improvement of Education (FIE) Account. The entity 
to receive funding for this project is Independence Unified School 
District 446, at PO Drawer 487, 517 N 10th, Independence, KS 67301.
  This funding will assist USD 446 in providing additional technology 
for language arts and mathematics teachers to use in their classrooms, 
and to train the teachers in the use of new and existing technology.
  No matching funds are required for this Department of Education 
project.
  Department of Education (DOE)--Valley Center Public Schools: H.R. 
1105, the FY 2009 Omnibus Appropriations Act contains $442,000 for 
Valley Center Public Schools, Independence, KS for curriculum 
development, to include the purchase of technology and equipment in the 
Fund for the Improvement of Education (FIE) Account. The entity to 
receive funding for this project is Valley Center Public Schools at 132 
S Park Ave., Valley Center, KS 67147.
  This funding will assist USD 262 in developing on the job training 
and staff development, purchasing technological tools and resources for 
classroom use, and curriculum to use the technology in the classroom.
  No matching funds are required for this Department of Education 
project.
  Department of Education (DOE)--Coffeyville Public Schools: H.R. 1105, 
the FY 2009 Omnibus Appropriations Act contains $213,000 for Winfield 
Public Schools, Winfield, KS for curriculum development, to include the 
purchase of technology and equipment in the Fund for the Improvement of 
Education (FIE) Account. The entity to receive funding for this project 
is Winfield, Kansas, Public Schools, Unified School District 465 at 
1407 Wheat Road, Winfield, KS 67156.
  This funding will help facilitate a greater understanding of 
technology through training for middle and high school teachers, and 
allow for greater integration of technology in the classroom through 
curriculum development.
  No matching funds are required for this Department of Education 
project.
  Department of Health and Human Services (HHS)--Sedgwick County, KS: 
H.R. 1105, the FY 2009 Omnibus Appropriations Act contains $428,000 for 
Sedgwick County Government, Wichita, KS for prenatal education and 
outreach programs, in the Centers for Disease Control and Prevention 
(CDC) Account. The entity to receive funding for this project is 
Sedgwick County (KS) Government at 525 N. Main, Suite 243, Wichita, KS 
67203.
  The Sedgwick County Healthy Babies program utilizes evidence-based 
practices and innovative community-driven interventions (outreach, 
health education, case management, utilization of prenatal/postnatal 
care) to improve the quality of and access to health care for women and 
infants at both service and system levels. This funding will allow 
Sedgwick County Healthy Babies to continue its critical outreach 
programs.
  No matching funds are required for this Department of Health and 
Human Services project.
  In accordance with the February 2008 New Republican Earmark Standards 
Guidance, I submit the following in regards to the Fiscal Year 2009 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act found in H.R. 1105, the FY 2009 
Omnibus Appropriations Act:
  Department of Agriculture--National Agriculture Biosecurity Center, 
Kansas: H.R. 1105, the FY 2009 Omnibus Appropriations Act contains 
$259,000 for the National Agriculture Biosecurity Center, Kansas, in 
the Animal and Plant Health Inspection Service's Salaries and Expenses 
account. The entity to receive funding for this project is The Kansas 
State University, located at 110 Anderson Hall, Manhattan, Kansas 
66506.
  The funding would be used to implement international linkages for 
food animal and food crop disease surveillance, to expand animal health 
diagnostic screening capabilities in Kansas and the region, and to 
further develop a GIs-tracking system for pathogen monitoring.
  No matching funds are required for this Department of Agriculture 
project.
  Department of Agriculture--Grain Sorghum, Kansas, Texas: H.R. 1105, 
the FY 2009 Omnibus Appropriations Act contains $515,000 for Grain 
Sorghum, Kansas and Texas, in the Cooperative State Research Education 
and Extension Service's Special Research Grants Account. The entity to 
receive funding for this project is the Kansas State University, 
located at 110 Anderson Hall, Manhattan, Kansas 66506.
  The funding would be used to expand existing research and education 
programs, particularly in genetic improvement and sorghum utilization.
  No matching funds are required for this Department of Agriculture 
project.
  Department of Agriculture--Water Conservation, Kansas: H.R. 1105, the 
FY 2009 Omnibus Appropriations Act contains $69,000 for Water 
Conservation, Kansas in the Cooperative State Research Education and 
Extension Service's Special Research Grants Account. The entity to 
receive funding for this

[[Page 5866]]

project is the Kansas State University, located at 1 10 Anderson Hall, 
Manhattan, Kansas 66506.
  The funding would be used to study ways to stop and reverse the 
depletion of the Ogallala Aquifer in Kansas.
  No matching funds are required for this Department of Agriculture 
project.
  Department of Agriculture--Wheat Genetic Research, Kansas: H.R. 1105, 
the FY 2009 Omnibus Appropriations Act contains $240,000 for Wheat 
Genetic Research, Kansas, in the Cooperative State Research Education 
and Extension Service's Special Research Grants Account. The entity to 
receive funding for this project is the Kansas State University, 
located at 110 Anderson Hall, Manhattan, Kansas 66506.
  The funding would be used to collect, conserve, and distribute wheat 
genetic and genomic resources; develop improved germ plasm; develop 
genetic stocks; develop genomic resources; and support training and 
outreach.
  No matching funds are required for this Department of Agriculture 
project.
  In accordance with the February 2008 New Republican Earmark Standards 
Guidance, I submit the following in regards to the Fiscal Year 2009 
Omnibus Appropriations Act found in H.R. 1105.
  Water system improvements, City of Derby, Kansas: The Department of 
the Interior, Environment and Other Related Agencies Fiscal Year 2009 
Appropriations Act found in H.R. 1105 contains $1,000,000 for the City 
of Derby, Water and Wastewater System Improvements. The entity to 
receive funding for this project is the City of Derby, 611 N. Mulberry, 
Derby, Kansas, 67037-3533.
  The funds will be used to upgrade its municipal wastewater treatment 
plant in 2009. The Derby Wastewater Treatment Plant presently treats 
about 1.8 to 2.0 million gallons of wastewater per day. The sludge-
handling portion of the treatment process is near its designed 
capacity, and the treatment plant master plan calls for adding sludge 
handling capacity. Design goals are to reduce staff hours necessary for 
the sludge handling process, improve efficiency and reliability, 
increase flexibility in plant operation, and reduce odors, while 
maintaining compliance to all regulatory requirements. The City of 
Derby will also use the funds to help extend the municipal sewer system 
in the Spring Creek watershed area in 2009.
  The City of Derby will provide matching funds as required.
  Law Enforcement Technology, City of Wichita, Kansas: The Fiscal Year 
2009 Commerce, Justice, Science Appropriations Act found in H.R 1105 
contains $1,675,000 for the Southern Kansas Multi-Jurisdictional SWAT. 
The entity to receive funding for this project is the City of 
Wellington, 110 East 10th Street, Wellington, KS 67152.
  The funds will be used to procure a Pictometry Visual Intelligence 
Tool. Pictometry allows federal, state and local agencies to have a 
common tool to jointly manage emergencies. It captures every square 
foot of an area from as many as twelve directions. This system captures 
images that consist of orthogonal (straight down) images like ordinary 
aerial imaging and images that are oblique (taken from angles) so that 
features can be easily seen in their entirety. These images reveal the 
front, back, and sides of objects of interest rather than just their 
tops. Within seconds, a law enforcement officer can literally view and 
analyze any house, building, intersection, fire hydrant, tree or any 
feature in the county from their laptop, workstation, or mobile device. 
Southern Kansas encompasses a large area of responsibility, and the 
police and sheriff's departments are low on manpower and equipment. 
Federal, state, and local agencies will have a common tool to jointly 
manage emergencies. The Southern Kansas Multi-Jurisdictional SWAT will 
administer the program for the four selected counties from the 4th 
Congressional District. The included counties are Cowley, Greenwood, 
Montgomery and Sumner.
  No matching funds are required for this Department of Justice 
project.
  In accordance with the February 2008 New Republican Earmark Standards 
Guidance, I submit the following in regards to the Fiscal Year 2009 
Energy and Water Appropriations Act found in H.R. 1105, the FY 2009 
Omnibus Appropriations Act:
  Department of Interior--Wichita Project, Equus Beds Division: H.R. 
1105, the FY 2009 Omnibus Appropriations Act contains $1,500,000 for 
the Wichita Project--Equus Beds Division in the Bureau of Reclamation 
Water and Related Resources Account. The entity to receive funding for 
this project is the City of Wichita, located at City Hall, 455 North 
Main, Wichita, KS 67202.
  The funding would be used for funding the design on Phase II of the 
Equus Beds Aquifer Storage and Recovery project. The project involves 
taking excess flood water from the Little Arkansas River (called above 
base flow) and depositing that water into the underground aquifer 
through water supply wells. This project was authorized in 2006 (P.L. 
109-299).
  This project is authorized for 25% federal matching and will be 
matched by the city.
  Department of Interior--El Dorado Lake, KS: H.R. 1105, the FY 2009 
Omnibus Appropriations Act contains $619,000 for El Dorado Lake, 
Kansas, in the Army Corps of Engineers' Operation and Maintenance 
Account. The entity to receive funding for this project is the United 
States Army Corps of Engineers, Tulsa District located at 1645 S. 101 
East Ave., Tulsa, OK 74128.
  The additional funds will be used to replace tainter gate stems, dam 
gate trash racks, seal concrete surfaces, and paint bridge steel. The 
additional funds will also be used to undertake repairs to project 
recreation areas that were damaged during the record floods of 2007.
  No matching funds are required for this Army Corps of Engineers 
project.
  In accordance with the February 2008 New Republican Earmark Standards 
Guidance, I submit the following in regards to the Fiscal Year 2009 
Omnibus Appropriations Act found in H.R. 1105:
  I-235/US 54 and I-235/Central Ave Interchange, KS: The Department of 
Transportation Fiscal Year 2009 Appropriations Act found in H.R. 1105 
contains $380,000 for funding for reconstruction of two interchanges on 
I-235, Wichita, Kansas. The entity to receive funding for this project 
is the City of Wichita, located at City Hall, 455 North Main, Wichita, 
KS 67202.
  This project will provide for preliminary engineering and right-of-
way costs for the reconstruction of the Kellogg (US-54) and Central 
interchanges on I-235 in western Wichita. The project also involves PE 
for the reconstruction of the facility to expand it to 6 lanes between 
the interchanges, a distance of 1.5 miles. The project on I-235 is in 
the area of Wichita that is experiencing significant population and 
commercial growth.
  The City of Wichita will provide matching funds as required.
  Redesign and Reconstruction of I-235 and Kellogg Interchange, 
Wichita, KS: The Department of Transportation Fiscal Year 2009 
Appropriations Act found in H.R. 1105 contains $950,000 for the 
redesign and reconstruction of the interchange at I-235 and Kellogg in 
Wichita, Kansas. The entity to receive funding for this project is the 
City of Wichita, located at City Hall, 455 North Main, Wichita, KS 
67202.
  The funding used to redesign and make the necessary improvements to 
this interchange will improve the safety of those citizens traveling 
through the area and improve the traffic flow. The connection to 
highway I-235 from Kellogg or U.S. 54 is one of the most dangerous in 
the county. A shared entering and exiting merge lane onto Kellogg 
congests traffic as a result of its short length. The steep cover leaf 
curves to access and exit I-235 require a significant reduction in 
speed and prove to be especially treacherous when roads are wet, icy or 
snow-packed.
  The City of Wichita will provide matching funds as required.
  Advanced Materials Performance Research, National Institute for 
Aviation Research, Wichita State University, Wichita, KS: The 
Department of Transportation Fiscal Year 2009 Appropriations Act found 
in H.R. 1105 contains $2,375,000 for facilities and equipment at the 
National Institute for Aviation Research at Wichita State University. 
The entity to receive funding for this project is Wichita State 
University, located at 1845 Fairmount St, Wichita, Kansas 67260.
  The funding will be used to purchase new equipment, hire technical 
personnel, and conduct research in the areas of metallic and composite 
structures, crash worthiness, and aging aircraft effects. It will 
expand and enhance ongoing FAA research regarding flight safety at 
NIAR.
  No matching funds are required for this Federal Aviation 
Administration project.
  21st Street North Railroad Overpass (Broadway to I-135), Wichita, KS: 
The Department of Transportation Fiscal Year 2009 Appropriations Act 
found in H.R. 1105 contains $380,000 for the 21st Street Railroad 
Overpass, Wichita, Kansas. The entity to receive funding for this 
project is the City of Wichita, located at City Hall, 455 North Main, 
Wichita, KS 67202.
  Funding to create an elevated roadway overpass along 21st Street 
North from Broadway to I-135 in order to eliminate the lengthy 
vehicular traffic delays and vehicle entrapment issues associated with 
multiple at-grade rail

[[Page 5867]]

crossings located along this segment of a busy east-west arterial city 
street. This project also connects the 21st Street Redevelopment 
District to the freeway system in Wichita.
  The City of Wichita will provide matching funds as required.
  Noise Abatement Along K96, I-235 and Meridian Avenue, Wichita, KS: 
The Department of Transportation Fiscal Year 2009 Appropriations Act 
found in H.R. 1105 contains $237,500 for the Noise Abatement K96, on I-
235 project, in Wichita, Kansas. The entity to receive funding for this 
project is the City of Wichita, located at City Hall, 455 North Main, 
Wichita, KS 67202.
  The funding will be used to erect noise barriers that will lessen the 
adverse impact of excessive highway traffic noise in the Sherwood Glen 
and Meridian Gardens neighborhoods.
  This project has $1.6 million in local matching funds.
  National Institute for Aviation Research (NAIR) at Wichita State 
University, KS: The Department of Transportation Fiscal Year 2009 
Appropriations Act found in H.R. 1105 contains $950,000 for research at 
the National Institute for Aviation Research at Wichita State 
University. The entity to receive funding for this project is Wichita 
State University, located at 1845 Fairmount St, Wichita, Kansas 67260.
  This funding will support research, technical personnel, facilities 
and equipment to investigate the implementation of child restraint 
systems for pre-school age children traveling in public transportation 
systems at Wichita State's National Institute for Aviation Research 
(NIAR) facility.
  No matching funds are required for this Federal Aviation 
Administration project.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                            HON. FRED UPTON

                              of michigan

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. UPTON. 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 HR 1105, the Omnibus spending bill for Fiscal Year 2009.
  Requesting Member: Congressman Fred Upton
  1. Dredging of St. Joseph Harbor
  Department: Army Corps of Engineers
  Account: Operations & Maintenance
  Legal Name of Requesting Entity: Berrien County, Michigan
  Address of Requesting Entity: Berrien County Administration Center 
701 Main St., St. Joseph, MI 49085
  Description of Request: This request is for securing funds for 
dredging both the inner and outer harbor of St. Joseph, Michigan. The 
inner harbor is a key port for raw materials such as limestone, sand 
and gravel for state highways. Road and building construction projects 
in the area receive a majority of their aggregate materials through the 
three commercial docks located in this harbor. Additionally, it is a 
major hub for recreational boaters, with over 1,600 boat slips. This 
project has been authorized through many WRDA acts, is vital to the 
economic viability of Southwest Michigan, and has the support of the 
entire community. This project is consistent with the mission of the 
U.S. Army Corps of Engineers, and has been authorized through multiple 
WRDA Acts. Maintaining commerce in St. Joseph Harbor is vital to the 
economic well-being of Southwest Michigan.
  Amount: $793,000
  Financial Breakdown: The entirety of this funding will go towards 
Dredging to 21 feet in the entrance and inner channel of the harbor and 
18 feet in the inner river channel and turning basin. Supplemental 
funds will be provided by Berrien County and local municipalities.
  2. Western Michigan University Geological Carbon Sequestration 
Research and Education Program
  Department: Energy
  Account: Office of Science Biological and Educational Research 
Account Legal Name of Requesting Entity: Western Michigan University 
Address of Requesting Entity: Michigan Avenue, Kalamazoo, MI 49008
  Description of Request: This request is for MICHCARB, a Geological 
Carbon Sequestration Research and Education Program for Michigan. The 
program will develop partnerships with Michigan industry, energy 
utility companies and State and local governments to create and present 
educational and research programs to help government decision makers 
and industry leaders identify and evaluate local and regional potential 
for Geological Carbon Sequestration in deep Michigan geological 
formations. There is a national need to remain competitive in a global 
marketplace by motivating and training geosciences professionals 
skilled in the area of carbon sequestration. Our nation needs to 
explore all options to reduce our dependence on foreign sources of 
energy, and the work being done at the MGRRE is an important step 
toward that goal.
  Amount: $618,475
  Financial Breakdown: Faculty, post doctorate, student and 
professional staff, 36%; materials and supplies for public outreach and 
K-12 classrooms, 13.6%; travel for public outreach and K-12, 5%; 
research analytical services and supplies, 13.6%; piggyback drilling, 
analysis and testing in wells, 31.8%.
  3. Benton Harbor Workforce Transformation Program
  Department: Labor
  Account: Employment and Training Administration Training and 
Employment Services
  Legal Name of Requesting Entity: Michigan Works Benton Harbor, MI
  Address of Requesting Entity: Michigan Works, 499 W. Main St., Benton 
Harbor, MI 49022
  Description of Request: Michigan Works, a state-supported job 
recruitment and training organization, is starting a job-training 
program designed to work in tandem with the upcoming $500 million 
Harbor Shores mixed-use economic development project being undertaken 
by Benton Harbor. The basic workforce transformation program, which 
would be funded by the monies requested here, includes at least three 
core elements: basic skills training, including workforce literacy 
remediation; skills training for in-demand, high-growth occupations; 
and transitional job services. All activities will be based on proven 
programs administered by workforce training professionals as part of 
the region's existing and ongoing workforce development activities. All 
programs will be designed to reduce the unemployment rate, increase the 
local labor participation rate, increase job readiness, place people 
into jobs, and increase per capita income. These funds are consistent 
with the mission of the Employment and Training Administration. Benton 
Harbor, Michigan is the poorest city in one of the most economically 
challenged states in America. The magnitude of Benton Harbor's problems 
is stunning--a workforce with an average 6th grade literacy level and 
an 80% high school dropout rate by young males. In Benton Harbor 42% of 
the available workers are out of the workforce, a fact exacerbated by 
the lack of basic skills needed to maintain employment which has only 
served as a barrier to attract new employers into the area.
  Amount: $381,000
  Financial Breakdown: The majority of this funding (around 70%) will 
go to staffing services, stipends for program participants, as well as 
literacy remediation services. The remainder of the funding will be 
provided for training scholarships, community outreach, participant 
assessments and support services. Michigan Works will provide 
supplemental funds.
  4. Kalamazoo Community Mental Health & Substance Abuse Services 
Nursing Distance Learning Initiative
  Department: Health
  Account: Health Resources and Services Administration--Health 
Facilities and Services
  Legal Name of Requesting Entity: Kalamazoo Community Mental Health & 
Substance Abuse Services Address of Requesting Entity: 3299 Gull Rd., 
Kalamazoo, MI 49048
  Description of Request: The Kalamazoo Community Mental Health and 
Substance Abuse Services agency will partner with Wayne State 
University's School of Nursing, the only nursing school in Michigan 
offering an Advanced Psychiatric and Community Public Health Nurse 
Practitioner degree program, to bring the opportunity through the use 
of distance learning technology for nurses in Kalamazoo and surrounding 
communities to participate in this three-year program right in their 
home communities, rather than have to travel all the way across the 
State to Detroit. The plan would provide scholarships to local nurses 
who wish to participate in exchange for a commitment to remain in and 
serve their Southwest Michigan communities. Southwest Michigan is a 
medically underserved area, with a shortage of nurses, and a 
particularly acute shortage of nurses with advanced training to meet 
community mental health needs. The Kalamazoo Community Mental Health 
and Substance Abuse Services Nursing Distance Learning proposal 
promises to be an innovative and successful way to address this 
pressing need.
  Amount: $285,000
  Financial Breakdown: The majority of funding for this project (around 
60%) will go to nursing faculty, with supplemental funding going to 
polycom and video conferencing equipment, as well as scholarships for 
nursing students.

[[Page 5868]]

  5. Kalamazoo/Battle Creek International Airport Terminal Improvement 
Project
  Department: Transportation
  Account: FAA--Airport Improvement Program
  Legal Name of Requesting Entity: Kalamazoo Aeronautics Board of 
Trustees Address of Requesting Entity: 5235 Portage Road, Kalamazoo, MI 
49002
  Description of Request: Kalamazoo/Battle Creek International Airport 
is undergoing the initial planning and design phases for the 
construction of a new terminal building. The existing terminal, built 
in 1958, has undergone three expansion projects during its lifetime and 
is still over capacity and continues to grow. Expansion of terminal 
capacity and enplanement levels is critical for the airport to be able 
to continue to provide efficient service. Additionally, the new 
terminal will be a ``green'' building, and as such, will lower 
operating costs for businesses that utilize it. This request is 
consistent with the mission of the FAA's Airport Improvement Program. 
The terminal has been in the works for years, and will provide much 
needed economic development for Kalamazoo.
  Amount: $1,615,000
  Financial Breakdown: This funding will go toward costs associated 
with construction of the terminal, which is a project totaling 
$34,000,000. A portion of matching funds will be contributed by the 
Airport in the form of bonds; Airport capital; PFC funds; and State of 
Michigan funds.
  6. Kalamazoo Metropolitan Transit Authority Facility Expansion
  Department: Transportation
  Account: FTA--Bus and Bus Facilities
  Legal Name of Requesting Entity: City of Kalamazoo
  Address of Requesting Entity: 530 N. Rose St. Kalamazoo, MI 49007
  Description of Request: The Kalamazoo Metro Transit Authority is 
undertaking a facility expansion to accommodate their consolidation of 
all mass transit in the county. The expanded facility will allow the 
new transit authority to more efficiently serve its riders. This 
request is consistent with the mission of the FTA's Bus and Bus 
Facilities account.
  Amount: $950,000
  Financial Breakdown: Proposal includes administrative office 
expansion and vehicle storage for countywide demand/response program 
currently offered by Kalamazoo Metro Transit. Kalamazoo is providing 
their required matching funds.
  7. St. Joseph County Bus Replacement and Software Purchase
  Department: Transportation
  Account: FTA--Bus and Bus Facilities
  Legal Name of Requesting Entity: St. Joseph County Transportation 
Authority
  Address of Requesting Entity: 810 Webber Avenue, St. Joseph, MI 49093
  Description of Request: The St. Joseph County Transportation 
Authority is seeking to replace one medium-duty bus that has met its 
useful life and is in need of replacement. They will also use a small 
part of the request for the purchase of new routing software to improve 
the efficiency of scheduling and bus routing. This request is 
consistent with the mission of the FTA's Bus and Bus Facilities 
account.
  Amount: $142,500
  Financial Breakdown: Most of the money ($115,000) will be used to 
purchase one medium duty bus. The rest of the money will be used for 
upgraded routing software. St. Joseph County will be providing their 
required matching funds.
  8. Van Buren County Bus Replacement and Routing Software Purchase
  Department: Transportation
  Account: FTA--Bus and Bus Facilities
  Legal Name of Requesting Entity: Van Buren County Public Transit
  Address of Requesting Entity: 610 David Walton Dr., Bangor, MI 49079
  Description of Request: The Van Buren County Transportation Authority 
is seeking to replace one medium-duty bus that has met its useful life 
and is in need of replacement. They will also use a small part of the 
request for the purchase of new routing software to improve the 
efficiency of scheduling and bus routing. This request is consistent 
with the mission of the FTA's Bus and Bus Facilities account.
  Amount: $142,500
  Financial Breakdown: Most of the money ($115,000) will be used to 
purchase one medium duty bus. The rest of the money will be used for 
upgraded routing software. Van Buren County will be providing their 
required matching funds.
  9. Niles Dial-a-Ride Bus Acquisition
  Department: Transportation
  Account: FTA--Bus and Bus Facilities
  Legal Name of Requesting Entity: City of Niles
  Address of Requesting Entity: 623 N. Second St., Niles, MI 49120
  Description of Request: The City of Niles is seeking to purchase two 
medium-sized busses to accommodate a new route that will stop at all 
major retail centers between Niles, MI and South Bend, IN. This request 
is consistent with the mission of the FTA's Bus and Bus Facilities 
account.
  Amount: $228,000
  Financial Breakdown: The entirety of this money will be used to 
purchase two medium-sized busses. The city of Niles will be providing 
their required matching funds.
  10. Apple Fire Blight
  Department: Agriculture
  Account: Cooperative State Research Education and Extension Service
  Legal Name of Requesting Entity: Michigan State University
  Address of Requesting Entity:
  Description of Request: Fire Blight is a major threat to Michigan's 
apple trees and has reduced apple acreage in Michigan by an astounding 
24%. Michigan and New York researchers are taking aggressive measures 
against fire blight including development of blight-resistant varieties 
and new, environmentally responsible control strategies. Finding ways 
to control and curb fire blight is of critical importance to apple 
growers in my district and elsewhere. This research is very promising, 
and its results will help apple growers significantly increase their 
yields.
  Amount: $346,000
  Financial Breakdown: Approximately, $148,000 is for the salaries of 
laboratory and field research personal; and $36,000 is for materials 
and supplies. Michigan State University has obtained funding from the 
Michigan Apple Committee and industry sources and will continue to fund 
the tire blight research at MSU at a level of $52,500 in FY09.
  12. Phytopthora Research
  Department: Agriculture
  Account: Cooperative State Research Education and Extension Service
  Legal Name of Requesting Entity: Michigan State University
  Address of Requesting Entity:
  Description of Request: Researchers at Michigan State University are 
leaders in the fight to control Phytophthora capsici, a fungal-like 
pathogen that lives in the soil and causes numerous plants to rot. 
Phytophthora management has been complicated by its longevity in soils 
(10 or more years), its ability to spread in water, its resistance to a 
key fungicides and lack of disease resistant varieties. Michigan State 
University has developed new techniques for control and resistant 
varieties. However, losses caused by Phytophthora have become so large 
throughout the nation in recent years that the economic viability of 
the vegetable industries in many states is at risk, and more research 
is necessary. Since 1996, researchers have leveraged private, state and 
federal funds to significantly advance disease management. The 
widespread crop loss caused by Phytophthora capsici will be lessened, 
keeping family farms and their communities viable. Spread of 
Phytophthora to new sites will be stopped. Ways to remediate/treat 
infested ground and water sources will be identified. Integrated 
management strategies that emphasize cultural methods and 
environmentally friendly practices will be developed.
  Amount: $346,000
  Financial Breakdown: This money will provide 346,000 in funding for 
Phytophthora research at Michigan State University. Approximately 85 
percent of the funding will go to researchers, technicians and 
students. Approximately 15 percent will be used for materials, supplies 
and administration. Michigan State University has received outside 
sources of funding for Phytophthora research as well. This funding is 
consistent with the authorized purpose of the Cooperative State 
Research, Education and Extension Service.

                          ____________________




                     NATIONAL LINK AWARENESS MONTH

                                 ______
                                 

                          HON. SUSAN A. DAVIS

                             of california

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mrs. DAVIS of California. Madam Speaker, I rise today to introduce 
legislation to bring awareness to the link between animal cruelty and 
other forms of societal violence by designating the month of May 2009 
as National Link Awareness Month.
  This resolution would highlight the need for more attention and 
resources to be focused on how violence toward animals is indicative of 
other violent tendencies. By investigating the link further, 
information could be gathered that will help mitigate societal 
violence.
  Psychological, sociological, and criminological studies have shown 
that violent offenders frequently had a history of abusing

[[Page 5869]]

animals during their childhood and adolescence. The FBI has recognized 
the connection since the 1970s, when its analysis of the lives of 
serial killers suggested that most had killed or tortured animals as 
children. Research has also shown patterns of animal cruelty among 
perpetrators of child abuse, spousal abuse, and elder abuse. In fact, 
the American Psychiatric Association considers animal cruelty one of 
the diagnostic criteria of conduct disorder.
  The link between animal abuse and domestic violence is a recognized 
fact. Each year, defenseless pets face the sad and disturbing reality 
that they will be victims of cruelty and abuse. Domestic abusers 
commonly torture or kill family pets as a method of exerting control 
and ensuring submission. This causes victims, children and adults 
alike, to remain in violent households in order to ensure their beloved 
pets are not harmed further.
  Research indicates that children who are exposed to domestic violence 
are nearly three times more likely to mistreat animals than children 
who are not exposed to such violence. Tragically, this behavior is 
often symptomatic of future abuse toward other animals or human beings. 
Significant research documents a relationship between childhood 
histories of animal cruelty and patterns of chronic interpersonal 
aggression.
  Due to the correlation between animal abuse and other forms of family 
and community violence, animal abuse must be taken very seriously. 
Human services, animal services, and law enforcement agencies must 
share resources and expertise to address animal and human related 
violence in communities. By effectively and comprehensively addressing 
the link between violence toward animals and other forms of societal 
violence, we can learn information that will help stop violence in the 
home as well as the community at large.
  Madam Speaker, I urge my colleagues to support the designation of May 
2009 as National Link Awareness Month so that more awareness will be 
brought to the link between animal cruelty and other forms of violence 
in society.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                           HON. VERN BUCHANAN

                               of florida

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. BUCHANAN. 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, the Omnibus 
Appropriations Act, 2009:
  Requesting Member: Congressman Vern Buchanan
  Bill Number: H.R. 1105
  Account: Corps of Engineers--Operations & Maintenance
  Legal Name of Requesting Entity: Port Manatee
  Address of Requesting Entity: 300 Tampa Bay Way, Palmetto, FL 34221
  Description of Request: I secured $2,483,000 for Maintenance Dredging 
at Port Manatee.
  Funding will be used to perform maintenance dredging as needed 
(generally not every year). The funds being requested are appropriated 
in the Corps of Engineers' O&M Account but are entirely derived from 
the Harbor Maintenance Trust Fund (HMTF). The Trust Fund is financed by 
a Harbor Maintenance Tax of 1/8 of one percent of the value of imports 
and domestic traffic and this generates considerably more than the 
amount actually appropriated by Congress each year for the navigation 
projects. The requested funds are needed to restore full project 
dimension of the Phases I and II work.
  The Fiscal Year 2009 federal budget for the Army Corps of Engineers 
includes $2.6 million for Manatee Harbor O&M.
  Requesting Member: Congressman Vern Buchanan
  Bill Number: H.R. 1105
  Account: Corps of Engineers--Construction
  Legal Name of Requesting Entity: Port Manatee
  Address of Requesting Entity: 300 Tampa Bay Way, Palmetto, FL 34221
  Description of Request: I secured $478,000 for a General Reevaluation 
Report (GRR) on Tampa Harbor.
  The GRR is studying the need for improvements to the Tampa Harbor in 
order to meet projected increases in international commerce. As 
Florida's largest port (in tonnage), Tampa Port handles in excess of 50 
million tons of cargo annually and is West Central Florida's largest 
economic engine contributing billions of dollars annually to the 7 
county region surrounding Tampa Bay. Port Manatee supports 22,000 jobs 
and has a total economic impact of $2.3 billion. As changes in the 
global shipping market evolve, both Tampa and Manatee Ports must be 
able to accommodate modern international vessel fleets which require 
deeper draft. The GRR will determine the national economic feasibility 
of further improvements to the Tampa main federal channel.
  Requesting Member: Congressman Vern Buchanan
  Bill Number: H.R. 1105
  Account: Health Resources and Services Administration (HRSA)--Health 
Facilities and Services
  Legal Name of Requesting Entity: Florida Hospital--Wauchula
  Address of Requesting Entity: 533 West Carlton Street, Wauchula, FL 
33873
  Description of Request: I secured $95,000 to support the expansion 
and renovation of the emergency department. This initiative is vital to 
the health care infrastructure and clinical services available to 
Hardee County and the surrounding communities.
  Florida Hospital Wauchula is a 25 bed facility specializing in 
emergency, outpatient and transitional care. In 2000, we became the 
first Critical Access Hospital in the state of Florida in an effort to 
enhance the health care services provided to our rural service area. 
The hospital employs 91 full-time staff, including 5 physicians on 
General Medical Staff. In addition to our 7-bed emergency department, 
Wauchula offers diagnostic imaging and lab services and a transitional 
care unit with short-term skilled nursing and rehabilitation services.
  As a rural community with limited medical resources, Hardee County 
relies on Florida Hospital Wauchula to provide high quality health 
care. The emergency department handles over 12,000 visits per year; a 
volume that taxes the facilities capacity to its limit.
  Requesting Member: Congressman Vern Buchanan
  Bill Number: H.R. 1105
  Account: Department of Energy--EERE
  Legal Name of Requesting Entity: Sarasota County
  Address of Requesting Entity: 1660 Ringling Blvd., Sarasota, FL 34236
  Description of Request: I secured $951,500 for a Renewable/
Alternative Energy Center in Sarasota County.
  Sarasota County is an established national leader in energy efficient 
practices as evidenced by its green building and sustainability 
policies, as well as its private sector and develop alternative energy 
and green building initiatives. The County will commit its resources to 
partner with the federal and state governments, universities and the 
private sector to construct a zero-energy LEED Platinum certified green 
building to house the Center. This collaboration will promote the 
application of alternative energy technologies to protect the public 
safety and welfare of our citizens and communities and contribute to 
the future sustainability of our state and nation.
  Requesting Member: Congressman Vern Buchanan
  Bill Number: H.R. 1105
  Account: Department of Justice--COPS Law Enforcement Technology
  Legal Name of Requesting Entity: City of Bradenton
  Address of Requesting Entity: 100 10th Street West, Bradenton, FL 
34205
  Description of Request: I secured $200,000 for the City of Bradenton 
Police Cruiser In-Car Video System.
  The City of Bradenton proposes to install in-car video systems for 
every police cruiser in its fleet. This project not only protects the 
officer but assists the State's Attorney's Office in case prosecution 
as evidence collection will be enhanced.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                         HON. FRANK A. LoBIONDO

                             of new jersey

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. LoBIONDO. Madam Speaker, as per the requirements of the 
Republican Conference Rules on earmarks, I secured the following 
earmarks in H.R. 1105:
  Requesting Member: Congressman Frank LoBiondo (NJ-02)
  Bill Number: H.R. 1105
  Account: Interior and Environment; Fish and Wildlife Service; Land 
Acquisition (LWCF)
  Legal Name of Requesting Entity: New Jersey Audubon Society
  Address of Requesting Entity: 142 West State Street, 4th Floor, 
Trenton, NJ 08608
  Description of Request: $1.5 million towards the purchase of 80 
acres, known as the Sinnickson Tract, adjacent to Supawna Meadows 
National Wildlife Refuge from existing willing sellers. The tract is 
located on Block 4701,

[[Page 5870]]

Lot 23 in Pennsville, Salem County, New Jersey.
  Requesting Member: Congressman Frank LoBiondo (NJ-02)
  Bill Number: H.R. 1105
  Account: Interior and Environment; National Park Service; Save 
America's Treasures
  Legal Name of Requesting Entity: Mid-Atlantic Center for the Arts
  Address of Requesting Entity: 1048 Washington Street, P.O. Box 340, 
Cape May, NJ 08204
  Description of Request: $100,000 to create a new, major impact 
heritage tourism product for the New Jersey Cape by restoring and 
opening to the public the World War II coastal artillery lookout tower, 
Fire Control Tower No. 23, located on Sunset Boulevard near Cape May 
Point. The Tower was listed on the New Jersey Register of Historic 
Places on May 29, 2003 and on the National Register on Nov. 17, 2003.
  Requesting Member: Congressman Frank LoBiondo (NJ-02)
  Bill Number: H.R. 1105
  Account: Labor, HHS, Education; Department of Education; Higher 
Education (includes FIPSE)
  Legal Name of Requesting Entity: Atlantic Cape Community College
  Address of Requesting Entity: 5100 Black Horse Pike Mays Landing, NJ 
08330
  Description of Request: $381,000 to be used for the purchase of 
equipment and technology for the Science Technology Engineering and 
Math (STEM) Center to be constructed on the campus. The STEM Center 
will house programming for allied health, food science, life and 
physical science.
  Requesting Member: Congressman Frank LoBiondo (NJ-02)
  Bill Number: H.R. 1105
  Account: Labor, HHS, Education; Department of Health and Human 
Services; Health Resources and Services Administration (HRSA); Health 
Facilities and Services
  Legal Name of Requesting Entity: The Children's Hospital of 
Philadelphia, Atlantic County Specialty Care Center in Mays Landing, 
New Jersey
  Address of Requesting Entity: The Children's Hospital of 
Philadelphia, 2535 Market Street, Suite 1300, Philadelphia, PA 19104
  Description of Request: $95,000 to be used to provide safety/
communications, medical and educational equipment for the hospital's 
Children's Intensive Emotional and Behavioral Program (CIEBP). This 
program is a full day partial hospital program that integrates 
schooling, rehabilitation services, and psychiatric treatment for 
preschool and school aged children. It is the only psychiatric partial 
hospital program for children 5-12 with severe emotional and behavioral 
disorders in the Atlantic and Cape May county region.
  Requesting Member: Congressman Frank LoBiondo (NJ-02)
  Bill Number: H.R. 1105
  Account: Commerce, Justice, Science; Department of Commerce; NOAA--
National Marine Fisheries Service Operations, Research and Facilities
  Legal Name of Requesting Entity: Partnership for Mid-Atlantic 
Fisheries Science (PMAFS)--Recreational Fishing Alliance
  Address of Requesting Entity: P.O. Box 3080, New Gretna, NJ 08224
  Description of Request: $1 million for a Summer Flounder Initiative 
which will utilize acadmemic, recreational and commerical fisheries 
resources to address the management of summer flounder in the Mid-
Atlantic region. This Initiative will address science issues relevant 
to the improved understanding of summer flounder recruitment, 
population demographies and discard mortality.
  Requesting Member: Congressman Frank LoBiondo (NJ-02)
  Bill Number: H.R. 1105
  Account: Commerce, Justice, Science; Department of Justice; OJP--
Juvenile Justice
  Legal Name of Requesting Entity: Police Athletic League (PAL) of New 
Jersey
  Address of Requesting Entity: 180 South Street, Freehold, NJ 07728
  Description of Request: $1,500,000 to fund a statewide afterschool 
program consisting of athletics, recreation, education and cultural 
awareness for youth age 8 to 16 with the goal of deterring juvenile 
crime.
  Requesting Member: Congressman Frank LoBiondo (NJ-02)
  Bill Number: H.R. 1105
  Account: Commerce, Justice, Science; Department of Justice; OJP--
Juvenile Justice
  Legal Name of Requesting Entity: Drug Abuse Resistance Education 
(DARE) New Jersey
  Address of Requesting Entity: 292 Prospect Plains Road, Cranbury, NJ 
08512
  Decription of Request: $200,000 to find in-the-classroom programs led 
by police officers to educate students to avoid drugs, gangs and 
violence.
  Requesting Member: Congressman Frank LoBiondo (NJ-02)
  Bill Number: H.R. 1105
  Account: Army Corps; Construction
  Legal Name of Requesting Entity: Army Corps of Engineers
  Address of Requesting Entity: The Wanamaker Building, 100 Penn Square 
East, Philadelphia, PA 19107-3390
  Description of Request: $2,967,000 for ongoing construction of the 
Great Egg Harbor to Peck Beach Shore Protection project.
  Requesting Member: Congressman Frank LoBiondo (NJ-02)
  Bill Number: H.R. 1105
  Account: Army Corps; Construction
  Legal Name of Requesting Entity: Army Corps of Engineers
  Address of Requesting Entity: The Wanamaker Building, 100 Penn Square 
East, Philadelphia, PA 19107-3390
  Description of Request: $1,914,000 for ongoing construction of the 
Absecon Island Shore Protection project.
  Requesting Member: Congressman Frank LoBiondo (NJ-02)
  Bill Number: H.R. 1105
  Account: Army Corps; Construction
  Legal Name of Requesting Entity: Army Corps of Engineers
  Address of Requesting Entity: The Wanamaker Building, 100 Penn Square 
East, Philadelphia, PA 19107-3390
  Description of Request: $2,297,000 for ongoing construction of the 
Cape May Inlet to Lower Township Shore Protection project.
  Requesting Member: Congressman Frank LoBiondo (NJ-02)
  Bill Number: H.R. 1105
  Account: Army Corps; Construction
  Legal Name of Requesting Entity: Army Corps of Engineers
  Address of Requesting Entity: The Wanamaker Building, 100 Penn Square 
East, Philadelphia, PA 19107-3390
  Description of Request: $1,340,000 for ongoing construction of the 
Townsends Inlet to Cape May Inlet Shore Protection project.
  Requesting Member: Congressman Frank LoBiondo (NJ-02)
  Bill Number: H.R. 1105
  Account: Army Corps; Construction
  Legal Name of Requesting Entity: Army Corps of Engineers
  Address of Requesting Entity: The Wanamaker Building 100 Penn Square 
East Philadelphia, PA 19107-3390
  Description of Request: $239,000 for construction of the Great Egg 
Harbor to Townsends Inlet Shore Protection project.
  Requesting Member: Congressman Frank LoBiondo (NJ-02)
  Bill Number: HR 1105
  Account: Army Corps; Construction
  Legal Name of Requesting Entity: Army Corps of Engineers
  Address of Requesting Entity: The Wanamaker Building 100 Penn Square 
East Philadelphia, PA 19107-3390
  Description of Request: $77,000 for ongoing construction of the 
Brigantine Island Shore Protection project.
  Requesting Member: Congressman Frank LoBiondo (NJ-02)
  Bill Number: HR 1105
  Account: Army Corps; Construction
  Legal Name of Requesting Entity: Army Corps of Engineers
  Address of Requesting Entity: The Wanamaker Building 100 Penn Square 
East Philadelphia, PA 19107-3390
  Description of Request: $144,000 for ongoing construction of the 
Lower Cape May Meadows Environmental Restoration project.
  Requesting Member: Congressman Frank LoBiondo (NJ-02) Bill Number: HR 
1105
  Account: Army Corps; Construction
  Legal Name of Requesting Entity: Army Corps of Engineers
  Address of Requesting Entity: The Wanamaker Building 100 Penn Square 
East Philadelphia, PA 19107-3390
  Description of Request: $2,967,000 for ongoing construction of the 
Great Egg Harbor to Peck Beach Shore Protection project.
  Requesting Member: Congressman Frank LoBiondo (NJ-02)
  Bill Number: H.R. 1105
  Account: Army Corps; CAP
  Legal Name of Requesting Entity: Army Corps of Engineers
  Address of Requesting Entity: The Wanamaker Building, 100 Penn Square 
East, Philadelphia, PA 19107-3390
  Description of Request: Authority to continue construction of the 
Pennsville small flood control project.
  Requesting Member: Congressman Frank LoBiondo (NJ-02)
  Bill Number: HR 1105
  Account: Army Corps; CAP

[[Page 5871]]

  Legal Name of Requesting Entity: Army Corps of Engineers
  Address of Requesting Entity: The Wanamaker Building, 100 Penn Square 
East, Philadelphia, PA 19107-3390
  Description of Request: Authority to continue construction of the 
Pine Mount Creek project.
  Requesting Member: Congressman Frank LoBiondo (NJ-02)
  Bill Number: HR 1105
  Account: Army Corps; Investigations
  Legal Name of Requesting Entity: Army Corps of Engineers
  Address of Requesting Entity: The Wanamaker Building, 100 Penn Square 
East, Philadelphia, PA 19107-3390
  Description of Request: $96,000 for ongoing study of the Hereford 
Inlet to Cape May Inlet Shore Protection project.
  Requesting Member: Congressman Frank LoBiondo (NJ-02)
  Bill Number: HR 1105
  Account: Army Corps; Investigation
  Legal Name of Requesting Entity: Army Corps of Engineers
  Address of Requesting Entity: The Wanamaker Building, 100 Penn Square 
East, Philadelphia, PA 19107-3390
  Description of Request: $96,000 for ongoing study of the New Jersey 
Shoreline Alternative Long Term Nourishment project.
  Requesting Member: Congressman Frank LoBiondo (NJ-02)
  Bill Number: HR 1105
  Account: Army Corps; O&M
  Legal Name of Requesting Entity: Army Corps of Engineers
  Address of Requesting Entity: The Wanamaker Building, 100 Penn Square 
East, Philadelphia, PA 19107-3390
  Description of Request: $226,000 for maintenance dredging of the Cold 
Spring Inlet.
  Requesting Member: Congressman Frank LoBiondo (NJ-02)
  Bill Number: HR 1105
  Account: Army Corps; O&M
  Legal Name of Requesting Entity: Army Corps of Engineers
  Address of Requesting Entity: The Wanamaker Building, 100 Penn Square 
East, Philadelphia, PA 19107-3390
  Description of Request: $65,000 for maintenance dredging of the Salem 
River.
  Requesting Member: Congressman Frank LoBiondo (NJ-02)
  Bill Number: HR 1105
  Account: Army Corps; O&M
  Legal Name of Requesting Entity: Army Corps of Engineers
  Address of Requesting Entity: The Wanamaker Building, 100 Penn Square 
East, Philadelphia, PA 19107-3390
  Description of Request: $124,000 for maintenance dredging of Absecon 
Inlet.
  Requesting Member: Congressman Frank LoBiondo (NJ-02)
  Bill Number: HR 1105
  Account: Army Corps; O&M
  Legal Name of Requesting Entity: Army Corps of Engineers
  Address of Requesting Entity: The Wanamaker Building, 100 Penn Square 
East, Philadelphia, PA 19107-3390
  Description of Request: $888,000 for maintenance dredging of the New 
Jersey Intercoastal Waterway.
  Requesting Member: Congressman Frank LoBiondo (NJ-02)
  Bill Number: HR 1105
  Account: Small Business Administration, Salaries and Expenses Legal 
Name of Requesting Entity: Richard Stockton College
  Address of Requesting Entity: PO Box 195, Pomona, NJ 08240
  Description of Request: $100,000 to attract small and disadvantage 
business to the Aviation Research and Technology Park.
  Requesting Member: Congressman Frank LoBiondo (NJ-02)
  Bill Number: HR 1105
  Account: HUD, EDI
  Legal Name of Requesting Entity: Atlantic County
  Address of Requesting Entity: 1333 Atlantic Ave., Atlantic City, NJ 
08401
  Description of Request: $142,500 to construct facilities at the 
Aviation Research and Technology Park.
  Requesting Member: Congressman Frank LoBiondo (NJ-02)
  Bill Number: HR 1105
  Account: HUD, EDI
  Legal Name of Requesting Entity: Covenant House New Jersey
  Address of Requesting Entity: 929 Atlantic Ave., Atlantic City, NJ 
08401
  Description of Request: $118,750 to assist in the construction of the 
Nancy's Place project, a facility to house and treat at-risk youth with 
mental illnesses.
  Requesting Member: Congressman Frank LoBiondo (NJ-02)
  Bill Number: HR 1105
  Account: FRA, Rail Line Relocation and Improvement
  Legal Name of Requesting Entity: Salem County
  Address of Requesting Entity: 94 Market Street, Salem, NJ 08079
  Description of Request: $950,000 to assist in the rehabilitation of 
the county owned short rail line.
  Requesting Member: Congressman Frank LoBiondo (NJ-02)
  Bill Number: HR 1105
  Account: FAA, AIP
  Legal Name of Requesting Entity: Atlantic City International Airport
  Address of Requesting Entity: 101 Atlantic City Intl Airport, Suite 
106, Egg Harbor Twp, NJ 08234
  Description of Request: $712,500 to assist in the relocation and 
consolidation of the fire rescue and dispatch operations center.
  Requesting Member: Congressman Frank LoBiondo (NJ-02)
  Bill Number: HR 1105
  Account: FHWA, TCSP
  Legal Name of Requesting Entity: South Jersey Economic Development 
District
  Address of Requesting Entity: 226 N. High Street, Suite A, Millville, 
NJ 08332
  Description of Request: $237,500 to assist in the construction of the 
Egg Harbor City Transit Hub.
  Requesting Member: Congressman Frank LoBiondo (NJ-02)
  Bill Number: HR 1105
  Account: USDA, CSREES
  Legal Name of Requesting Entity: Rutgers University
  Address of Requesting Entity: Marucci Center, 125A Lake Oswego Road, 
Chatsworth, NJ 08019
  Description of Request: $451,000 for ongoing research into cranberry 
and blueberry breeding and disease resistance.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                           HON. JOHN SULLIVAN

                              of oklahoma

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. SULLIVAN. 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 of 2009.
  Bill Number: H.R. 1105
  Account: Department of Energy/Science/Biological and Environmental 
Research
  Legal Name of Requesting Entity: The University of Tulsa
  Address of Requesting Entity: 800 South Tucker Drive, Tulsa Oklahoma 
74104
  Description of Request: Provide an earmark of $713,625 to develop 
national energy policy recommendations and to support research devoted 
to determining the most cost effective means of reducing dependence on 
foreign energy. Matching funding is not applicable to this project as 
it is a state institution of higher learning. However, there is already 
$500,000 in state funds and at least $500,000 in funds contributed by 
the George Kaiser Family Foundation to the overall project.
  Bill Number: H.R. 1105
  Account: Department of Justice/Juvenile Justice Programs Part E--
Demonstration Projects
  Legal Name of Requesting Entity: Tulsa Public Schools.
  Address of Requesting Entity: 3027 South New Haven, Tulsa Oklahoma 
74114
  Description of Request: Provide an earmark of $500,000 to help 
establish a Tulsa Public Schools police force to reduce indicents of on 
campus violent offenses, drug use, gang activity and gun possession. 
Matching funding is not applicable to this project as it is a public 
school.
  Bill Number: H.R. 1105
  Account: Department of Education/Elementary and Secondary Education
  Legal Name of Requesting Entity: Tulsa Public Schools.
  Address of Requesting Entity: 3027 South New Haven, Tulsa Oklahoma 
74114
  Description of Request: Provide an earmark of $285,000 to help 
establish a comprehensive education plan for at-risk students in the 
Tulsa Public School System. Matching funding is not applicable to this 
project as it is a public school.
  Bill Number: H.R. 1105
  Account: Department of Education/Elementary and Secondary Education
  Legal Name of Requesting Entity: Jenks Public School System
  Address of Requesting Entity: 205 East B Street, Jenks Oklahoma 74037

[[Page 5872]]

  Description of Request: Provide an earmark of $190,000 to implement a 
reading initiative program for at-risk students in the Jenks Public 
School System. Matching funding is not applicable to this project as it 
is a public school.
  Bill Number: H.R. 1105
  Account: Health Resources and Services Administration/Health 
Facilities and Services
  Legal Name of Requesting Entity: Oklahoma State University-Center for 
Health Sciences Address of Requesting Entity: 1111 West 17th Street 
Tulsa, Oklahoma 74107
  Description of Request: Provide an earmark of $285,000 to develop a 
system of mobile clinics that will bring health care access to some of 
Oklahoma's most remote areas. Matching funding is not applicable to 
this project as it is a state institution of higher learning.
  Bill Number: H.R. 1105
  Account: Health Resources and Services Administration/Health 
Facilities and Services
  Legal Name of Requesting Entity: Oklahoma State University-Center for 
Health Sciences
  Address of Requesting Entity: 1111 West 17th Street Tulsa, Oklahoma 
74107
  Description of Request: Provide an earmark of $333,000 to bring the 
latest telemedicine technology infrastructure to all areas of the 
state, and ensure access to quality health care. Matching funding is 
not applicable to this project as it is a state institution of higher 
learning.
  Bill Number: H.R. 1105
  Account: Transportation, Community and System Preservation
  Legal Name of Requesting Entity: Oklahoma Department of 
Transportation
  Address of Requesting Entity: 200 North East 21st Street, Oklahoma 
City, Oklahoma 73105
  Description of Request: Provide an earmark of $380,000 to reconstruct 
the I-244 Bridge over the Arkansas River in Downtown Tulsa, Oklahoma. 
Matching funding is not applicable to this project as it is a unit of 
state government.
  Bill Number: H.R. 1105
  Account: Transportation, Community and System Preservation
  Legal Name of Requesting Entity: Oklahoma Department of 
Transportation
  Address of Requesting Entity: 200 North East 21st Street, Oklahoma 
City, Oklahoma 73105
  Description of Request: Provide an earmark of $570,000 to reconstruct 
the I-44 Bridge and interchange in Tulsa, Oklahoma. Matching funding is 
not applicable to this project as it is a unit of state government.
  Bill Number: H.R. 1105
  Account: Buses and Facilities
  Legal Name of Requesting Entity: Metropolitan Tulsa Transit Authority
  Address of Requesting Entity: P.O. Box 52488 Tulsa, Oklahoma 74152
  Description of Request: Provide an earmark of $712,500 for public 
transit vehicles and equipment and expansion of service for Tulsa 
Transit in Tulsa, Oklahoma. Matching funding is not applicable to this 
project as it is a unit of local government.
  Bill Number: H.R. 1105
  Account: Surface Transportation Priorities
  Legal Name of Requesting Entity: City of Owasso, Oklahoma
  Address of Requesting Entity: P.O. Box 180, Owasso, Oklahoma 74055
  Description of Request: Provide an earmark of $ 1,045,000 for 
continued funding for the U.S. Highway 169 widening project in Owasso, 
Oklahoma. Matching funding is not applicable to this project as it is a 
unit of local government.

                          ____________________




                         HONORING LOU HERWALDT

                                 ______
                                 

                         HON. GEORGE RADANOVICH

                             of california

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. RADANOVICH. Madam Speaker, I rise today to congratulate Lou 
Herwaldt upon being awarded with the ``2009 Leon S. Peters Award.'' Mr. 
Herwaldt was honored at a luncheon held by the Greater Fresno Area 
Chamber of Commerce on February 18, 2009.
  The Herwaldt name has had a lasting significance in the Fresno 
community. For almost sixty years Lou Herwaldt has been providing 
vehicles, service and employment to the residents of the Central 
Valley. In 1955, Mr. Herwaldt went to work for Frank J. Saunders 
dealership and after nearly twenty years he decided to establish his 
own firm. In 1969, Mr. Herwaldt opened Sierra-Chrysler Plymouth. In 
forty years, his dealerships have represented ten auto models, 
including Oldsmobile, Mercedes Benz, Subaru and Saturn. Throughout his 
career, he has excelled at all levels and was even named to serve on 
the General Motors President's Council; he served in the group that 
developed the new ``Saturn'' brand for General Motors.
  Mr. Herwaldt has also been an active member in the Fresno community. 
He served thirteen years on the Board of Fresno Community Hospital, 
including seven years as Chairman. He was instrumental to the formation 
of the present multi-campus Community Regional Medical Center. He has 
been a member of the North Fresno Rotary Club for forty years and 
served as president. Mr. Herwaldt has chaired the boards for the Fresno 
Leadership Foundation and Fresno Youth for Christ. He has served on the 
boards of the Fresno Better Business Bureau and Master's College in 
Castaic, California. Finally, Mr. Herwaldt is a board member of the 
Fansler Foundation and founded the Herwaldt Foundation, primarily 
supporting faith-based charitable organizations. He has received many 
accolades for his contributions including being named the 2002 St. 
Agnes Hospital Benefactor of the Year.
  Madam Speaker, I rise today to honor the accomplishments of Lou 
Herwaldt. I invite my colleagues to join me in honoring his 
accomplishments and wishing him the best in future endeavors.

                          ____________________




                      TRIBUTE TO THE WOODS FAMILY

                                 ______
                                 

                           HON. ADRIAN SMITH

                              of nebraska

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. SMITH of Nebraska. Madam Speaker, I rise today to offer my 
congratulations to the entire Woods family for their selection as 
recipients of the NEBRASKAland Foundation's Distinguished 
Nebraskalander Award for their service to our state's historical, 
cultural, and economic well-being.
  Each year, the NEBRASKAland Foundation celebrates Nebraska's entrance 
into the union. During this event, the Foundation honors distinguished 
Nebraskans for the impressive contributions to the State of Nebraska.
  The multi-faceted accomplishments the Woods family have achieved and 
contributed through seven generations of private business, humanities, 
leadership and philanthropy is to be commended. Nebraska's cultural 
history is something we should be proud of, and I thank the Woods 
family for their dedication.
  Their example should inspire us, and we owe them a debt of gratitude 
for their dedication and sacrifice.

                          ____________________




                  TRIBUTE TO DR. JOHN GROBMYER TEDFORD

                                 ______
                                 

                           HON. MARION BERRY

                              of arkansas

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. BERRY. Madam Speaker, I rise here today to pay tribute to a dear 
friend, Dr. John Grobmyer Tedford. His successes are many, but it is 
his outstanding service to the field of medicine that demands 
recognition. I am proud to honor Dr. Tedford for his lifetime of 
service to his patients, his community and our country.
  Dr. Tedford was born in Little Rock, Arkansas in 1941 to William L. 
Tedford and Dorothy Grobmyer Tedford. Aside from his time in college 
and serving our country in Vietnam, he spent his entire life in Little 
Rock. He attended Hall High School but graduated from Forrest City High 
School after Governor Orval Faubus closed Little Rock's high schools in 
1958-59 during the school integration struggle. He later went to 
college to study pre-med at the University of Arkansas at Fayetteville. 
At the age of 20, he went to the University of Arkansas School of 
Medicine and received his medical degree in 1966. After meeting through 
some mutual friends, Tedford married Judy Stoltz on October 28, 1993.
  Dr. Tedford was a simple man who avoided fancy material possessions. 
Instead, he preferred to go to his favorite place, which was a cedar 
house his family built for him and spend time with nature. He 
especially enjoyed bass fishing and turkey and duck hunting. In 
addition, he enjoyed playing doubles tennis with his wife.
  Although Tedford enjoyed sports and hunting, his patients were always 
his first priority. For example, in 1968 he joined the Navy and asked 
to be sent to Vietnam with the Marines to serve as a doctor, taking 
care of sick and injured troops. While in Vietnam, Tedford and his 
battalion were struck by a bomb. Despite his severe injuries, he 
refused to be evacuated and continued to treat the injured soldiers 
until he lost consciousness from internal bleeding. For his valiant 
efforts he was awarded the Bronze Star and a Purple Heart.
  Dr. Tedford embodies the old fashioned values of service, leadership 
and commitment to

[[Page 5873]]

his community that has made our State and our Nation great. He has 
dedicated his life to serving people and we are grateful for the impact 
he left on the lives of all he touched. He will be greatly missed.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                          HON. EDWARD R. ROYCE

                             of california

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. ROYCE. Madam Speaker, pursuant to the Republican Leadership 
standards on earmarks, I am submitting the following information 
regarding earmarks I received as part of the FY 2009 Omnibus.
  Requesting Member: Representative Ed Royce
  Bill Number: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Office of Justice Programs--Byrne Discretionary Grants 
Account
  Legal Name Requesting Entity: The City of Westminster
  Address of Requesting Entity: 8200 Westminster Blvd, Westminster, CA 
92683
  Description of Request: Provide $312,200 in FY 2009 to be used for 
the Criminal Enterprise Initiative, following the Year 1 federal 
funding provided in 2008. The detectives assigned to the Little Saigon 
Substation are already in operation, specifically focusing on 
identifying, investigating and dismantling criminal enterprises, having 
both national and international implications, within the Little Saigon 
area. Under this project, the Westminster Police Department's Crimes 
Against Public Unit occupies office space within the Little Saigon 
district of Westminster, placing a powerful ``investigative engine'' 
into the heart of the area where Asian Criminal Enterprises operate. 
The total cost of project is $1,061,181 (local match of $748,981). I 
certify that neither I nor my spouse has any financial interest in this 
project.
  Requesting Member: Representative Ed Royce
  Bill Number: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: U.S. Army Corps of Engineers, Construction
  Legal Name of Requesting Entity: County of Orange, California, 
Watershed and Coastal Resources Division
  Address of Requesting Entity: 300 North Flower Street, Santa Ana, CA 
92702
  Description of Request: Provide $2,612,500 to complete the 
restoration of the Upper Newport Bay being conducted by the U.S. Army 
Corps of Engineers. The funding will be used for dredging costs. The 
ecosystem restoration project has started with the $14.7 million of 
federal funding received for the project through the U.S. Army Corps of 
Engineers since FY03. The project includes dredging 2.3 million cubic 
yards total, dredging sediments basins and side channels, restoring 
estuarine and other habitats, and creating a new Least Tern island. The 
Upper Newport Bay is one of the last remaining coastal wetlands in 
Southern California, and continues to play a significant role in 
providing critical habitat for a variety of migratory waterfowl, 
shorebirds and many threatened and federally endangered species. It 
will improve the bay's water quality by reducing sediment inflows and 
algal blooms, and will preserve Federal navigation channels. The 
project has significant support at the local, state, and national 
level, including the U.S. Army Corps of Engineers, U.S. Fish and 
Wildlife Service and the National Marine Fisheries Service. The project 
was authorized by Congress in the Water Resources Development Act of 
2000 (P.L. 106-541, Section 101), and is consistent with the intended 
and authorized purpose of the Army Corps of Engineers, Construction 
Account. The County of Orange, CA has already made available the 35 
percent local cost share required for the project. The County received 
a $13,000,000 Coastal Conservancy Grant, which it has front-loaded for 
the project. I certify that neither I nor my spouse has any financial 
interest in this project.
  Requesting Member: Representative Ed Royce
  Bill Number: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Higher Education FIPSE
  Legal Name of Requesting Entity: Cal State University, Fullerton
  Address of Requesting Entity: 800 North State College Blvd, 
Fullerton, CA 92834
  Description of Request: Provide $238,000 in FY 2009 to establish the 
Center for the Advancement of Teaching and Learning in Mathematics and 
Science (CATLMS). The proposed center addresses a national problem. One 
of the core drivers of innovation in the U.S. is its strength in STEM 
disciplines. Yet, in an increasingly interconnected world, the U.S. has 
not been keeping pace with its economic competitors. Federal investment 
would be used for the initial phase to carry out research studies, 
pursue external funding, and develop collaborations with private sector 
parties, educational institutions, and governmental agencies. I certify 
that neither I nor my spouse has any financial interest in this 
project.
  Requesting Member: Representative Ed Royce
  Bill Number: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Higher Education FIPSE
  Legal Name of Requesting Entity: Cal State University, Fullerton
  Address of Requesting Entity: 800 North State College Blvd, 
Fullerton, CA 92834
  Description of Request: Provide $238,000 in FY 2009 to build upon 
existing intermediate level language courses to develop a full 
Bachelor's Degree program, a Minor, and an International Business 
Sequence in Vietnamese Language and Culture designed to prepare a new 
generation of Vietnamese Americans and others to take advantage of the 
rapidly growing business and professional opportunities resulting from 
trade between the United States and Vietnam. Project Funding details 
included: Faculty salaries $237,594; Graduate assistants--20 hrs/week/
term $70,862; Materials--resource & language lab/library $162,519; 
Internships $137,500; and Facilities & Administration (IDC) $91,525. I 
certify that neither I nor my spouse has any financial interest in this 
project.
  Requesting Member: Representative Ed Royce
  Bill Number: H.R. 1105--Omnibus Appropriations Act, 2009
  Account: Federal Transit Administration (FTA) Bus & Bus Facilities
  Legal Name of Requesting Entity: The City of Anaheim
  Address of Requesting Entity: 200 S. Anaheim Blvd, Ste 733, Anaheim, 
CA 92805
  Description of Request: Provide an earmark of $2,612,500 in FY 2009 
to be used toward the completion of the Anaheim Regional Transportation 
Intermodal Center (ARTIC). ARTIC will be the premier transportation hub 
serving international tourist destinations that are major contributors 
to the state and national economies. In 2006, Orange County 
Transportation Authority (OCTA) acquired the necessary property with 
$32 million in local funds and launched the master planning effort for 
the site with the City of Anaheim, which contributed $6 million of 
city-owned property located adjacent to the ARTIC. In addition, a 
recent voter-approved sales tax extension assures that OCTA will be 
able to direct a $2 billion, 30-year revenue stream for improved rail 
service serving ARTIC. The federal funding requested for FY 2009 will 
support preliminary engineering and environmental study. This request 
is consistent with the intended and authorized purpose of the FTA Bus & 
Bus Facilities Account. The total project cost is estimated at $245 
million. The City of Anaheim has previously received $600,000 in the FY 
2008 Transportation Appropriations bill and will provide a minimum 20% 
local cost share toward the project's cost. I certify that neither I 
nor my spouse has any financial interest in this project.

                          ____________________




    HONORING THE FIRST GRADUATING CLASS OF THE RIVERS CORRECTIONAL 
               INSTITUTION RESIDENTIAL DRUG ABUSE PROGRAM

                                 ______
                                 

                       HON. ELEANOR HOLMES NORTON

                      of the district of columbia

                    in the house of representatives

                      Wednesday, February 25, 2009

  Ms. NORTON. Madam Speaker, I rise to ask the House to join me in 
congratulating the first graduating class of the Rivers Correctional 
Institution Residential Drug Abuse Program for meeting the high 
standards required for graduation. I am delighted at your success. I 
targeted the admission of District of Columbia residents to the drug 
treatment program as the highest priority at our first hearing since DC 
residents were transferred to the Bureau of Prisons (BOP) facilities. 
The reason drug treatment has been the priority issue is because drug 
abuse is a core reason many residents go to prison in the first place, 
and drug abuse is a primary reason why many return to prison.
  As today's graduates know, many BOP inmates who need the drug 
treatment you have received cannot be accommodated under the BOP's 
existing appropriations. You have been fortunate to be accepted into 
the program, and you have shown yourselves to be worthy of admission by 
being the first DC residents to graduate from Rivers' new program. 
Because

[[Page 5874]]

you have benefitted while many others could not, our expectations of 
you are great. In return for being among the few who have been admitted 
to the program, we ask you to remain drug free and to resolve to never 
see the inside of a prison again. You can do it now.
  We know, of course, that you will come home at a time when people 
without felony records are being laid off and when we in the Congress 
are still working to find a solution to today's unprecedented economic 
crisis. Finding work and staying clean may be harder when you come home 
than when you left. But as pioneers and achievers, I believe in you, 
and I believe that you will set the example for others who need the 
program by fighting with determination to surmount any obstacles you 
may find.
  Your own families and close friends are perhaps the only people who, 
I believe, will be more pleased than I will be to see you when you 
return. I hope that each of you will stop by my office here in the 
Rayburn House Office Building at some point to receive my personal 
congratulations and to have your picture taken with me, especially 
since, regrettably, I cannot be present in person to see you graduate. 
Please know that I am proud of the important achievement which you mark 
with today's graduation ceremony. It is one of the most important 
milestones of your life so far. Your graduation from the program is so 
important to me and to the District of Columbia that I will commemorate 
today's ceremony and your graduation by placing these congratulatory 
remarks in the Congressional Record when Congress returns from its 
week-long recess that began last Friday.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                             HON. ZACH WAMP

                              of tennessee

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. WAMP. Madam Speaker, as a leader on earmark reform among House 
Republicans, I am committed to honoring House Republican rules that 
provide for greater transparency. H.R. 1105 The Fiscal Year 2009 
Omnibus Appropriations contains the following funding that I requested:
  Requesting Member: Rep. Zach Wamp
  Account: COPS--Methamphetamine Enforcement and Clean-up Grants
  Legal Name Requesting Entity: Tennessee Bureau of Investigation--
Tennessee Methamphetamine Task Force
  Address: 901 R.S. Gass Blvd., Nashville, TN 37216-2369 c/o: 1110 
Market Street, Suite 332, Chattanooga, TN 37402
  Description of Request: The Tennessee Bureau of Investigations and 
the Tennessee Methamphetamine Task Force requested funding for the 
comprehensive effort to operate a state-wide methamphetamine task force 
system in Tennessee and received $2.4 million. The Tennessee 
Methamphetamine Task Force will train and equip local law enforcement 
officers throughout the State of Tennessee as a cooperative effort to 
combat this growing problem. Over the past several years, the use, 
production, and distribution of methamphetamine has proliferated 
throughout the State of Tennessee. Due to lack of funding, law 
enforcement has been frustrated in its efforts to adequately address 
this problem. The program is designed to reduce the manufacture, 
distribution and use of methamphetamine both domestic and foreign in 
Tennessee. The intelligence programs provided by the Meth Task Force 
allow the limited resources of federal, state and local law enforcement 
agencies to strategically identify and dismantle or destroy the most 
significant offenders and their organizations. The emphasis will remain 
on providing 24 hour response to state and local law enforcement 
agencies fighting the methamphetamine epidemic. The Tennessee Meth Task 
Force has earned a reputation as one of the most active and innovative 
task forces operating in the country.
  Distribution of funding:
  Supplies--21%
  Personnel--15%
  Travel--20%
  Equipment--12%
  Training/Communications/Staffing--32%
  Requesting Member: Rep. Zach Wamp
  Account: Department of Justice Byrne Discretionary Grant Program
  Legal Name Requesting Entity: City of Chattanooga
  Address: 101 East 11th Street, Chattanooga, TN 37402
  Description of Request: The City Council of Chattanooga and the Mayor 
of Chattanooga requested funding to assist in offsetting the expense 
associated with relocating the local law enforcement firing range and 
received $550,000. In 2003, President Bush signed legislation 
establishing Moccasin Bend National Archeological District on Moccasin 
Bend. The formation of the national park on Moccasin Bend and the 
planned interpretive visitor's center requires that the local law 
enforcement's firing range be moved to another site. The firing range 
has been in use by local law enforcement agencies for decades for 
training. The cost of such a move will be born by local governments.
  Distribution of funding:
  Target systems and portable steel armory--50%
  Modular rifle and sniper training platform with protection package--
22%
  Specialty weapons and ammunition--20%
  Training supplies--8%
  Requesting Member: Rep. Zach Wamp
  Bill Number: H.R. 1105
  Account: FAA, Airport Improvement Program
  Legal Name Requesting Entity: Chattanooga Metropolitan Airport 
Authority
  Address: 1001 Airport Rd., Suite 14, Chattanooga, TN
  Description of Request: The Chattanooga Metropolitan Airport 
Authority and Board of Directors requested funds that will be used to 
relocate and reconstruct Taxiways Alpha, Bravo and Charlie to meet 
current safety requirements and will receive $1,187,500 for this 
project. The Chattanooga Airport runway pavement is more than 30 years 
old, exceeding the 20-25 year life span for which it was intended. As a 
result, Taxiway Alpha does not meet Federal Aviation Administration 
design requirements. These funds will significantly improve the safety 
of the Chattanooga Airport so that it can remain an asset to regional 
economic development.
  Distribution of funding:
  Engineering--13%
  Lighting--10%
  Site Work--23%
  Horizontal Work--52%
  Paint Marking--2%
  Requesting Member: Rep. Zach Wamp
  Bill Number: H.R. 1105
  Account: FTA, 5309 Federal Bus and Bus Facilities
  Legal Name Requesting Entity: East Tennessee Human Resource Agency
  Address: 9111 Cross Park Drive, Suite D-100, Knoxville, TN
  Description of Request: The East Tennessee Human Resource Agency 
(ETHRA) Policy Council requested funds to purchase new wheelchair 
accessible vehicles to replace an aging fleet. ETHRA will receive 
$1,425,000 with a $170,000 match in state and local funds for this 
project. Currently, the East Tennessee Human Resource Agency has a 
fleet of 125 vehicles, of which 40 have over 300,000 miles and are in 
need of replacement. ETHRA manages a rural transportation program for 
16 East Tennessee counties which transports disabled citizens to life 
sustaining services such as medical appointments and procedures. These 
new vehicles will serve as a lifeline for disabled citizens to live 
independently, meeting a critical need in East Tennessee communities.
  Distribution of funding:
  Purchase of wheelchair accessible vehicles--100%
  Requesting Member: Rep. Zach Wamp
  Bill Number: H.R. 1105
  Account: FHWA: Surface Transportation
  Legal Name Requesting Entity: The Enterprise Center
  Address: 1250 Market Street, Suite 3020, Chattanooga, TN
  Description of Request: The City of Chattanooga's center for economic 
development initiatives, The Enterprise Center, requested funds for 
completion of the High-Speed Ground Transportation/Maglev Feasibility 
Study in the Chattanooga-Nashville Corridor that has already been 
approved by Congress and will receive $570,000 for this project. These 
funds will be used to coordinate with the U.S. Federal Railroad 
Administration and Volpe National Transportation Research Center to 
complete all elements of the study which include further engineering in 
relation to high speed rail ascending the Cumberland Plateau, 
development of more detailed ridership and revenue information that 
will provide a basis for development of a financial plan for the 
project, and supplemental outreach to the state and in the corridor for 
public/private partnerships potential. Funds will also be used to begin 
work on an Environmental Impact Statement for the corridor. The 
Chattanooga-Nashville Corridor will be an extension of the Atlanta-
Chattanooga corridor creating a seamless corridor between Atlanta and 
Nashville to address airport capacity issues in the region. 
Chattanooga's Lovell Field currently has unused capacity for additional 
enplanements, while Atlanta's Hartsfield-Jackson Airport is overcrowded 
as the nation's busiest air hub.

[[Page 5875]]

High-speed connections between the Atlanta, Chattanooga and Nashville 
airports are necessary, as recommended by the State of Georgia's Joint 
Study Committee on Transportation Funding.
  Distribution Funding:
  Salaries, wages, benefits and taxes--23.51%
  Professional Fee/Contractors--57.33%
  Office Supplies and maintenance--3.29%
  Travel/Conferences and Meetings--9.53%
  Indirect Costs--6.34%
  Requesting Member: Rep. Zach Wamp
  Bill Number: H.R. 1105
  Account: HUD, Economic Development Initiatives
  Legal Name Requesting Entity: City of Oak Ridge
  Address: 200 South Tulane, Oak Ridge, TN
  Description of Request: The Oak Ridge City Council and Oak Ridge 
Mayor Torn Beehan requested funds to support the Oak Ridge Community 
Development Initiative in bringing economic development to the Highland 
View neighborhood and will receive $237,500 for this project. This 
neighborhood is one of the most economically depressed areas in the 
city. The housing was built over 50 years ago and was originally 
intended to be temporary housing. Funds will be used to construct new 
housing, assess structural integrity of housing units and provide a 
city-run grant program for neighborhood residents to renovate their 
WWII-era homes.
  Distribution of funding:
  Land Acquisition--21%
  Relocation--18%
  Demolition--2%
  Construction--51%
  Administration and Overhead--8%
  Requesting Member: Rep. Zach Wamp
  Bill Number: H.R. 1105
  Account: HUD, Economic Development Initiatives
  Legal Name Requesting Entity: Hamilton County
  Address: Hamilton County Government Room 208 Courthouse, Chattanooga, 
TN
  Description of Request: Hamilton County Mayor Claude Ramsey and the 
County Commission requested funding to construct a workforce training 
center that will support industries locating at the Enterprise South 
Industrial Park. Hamilton County will receive $380,000 for this 
project. The Center for Advanced Manufacturing Technology will deliver 
hands on training in industry specific, high technology manufacturing 
skills to area residents that are critical to the 21st century 
workforce.
  Distribution of Funds:
  Site preparation--20%
  Architectural and engineering--15%
  Construction management--10%
  Materials and labor--35%
  Utilities--10%
  Fixtures, furnishings, and equipment--10%
  Requesting Member: Rep. Zach Wamp
  Bill Number: H.R. 1105
  Account: Small Business Administration, Salaries and Expenses
  Legal Name of Requesting Entity: The Enterprise Center
  Address of Requesting Entity: 1250 Market Street, Suite 3020, 
Chattanooga, TN 37402
  Description of Request: The City of Chattanooga's center for economic 
development initiatives, The Enterprise Center, requested funds to 
promote the Enterprise Center's Technology Development and Transfer 
initiatives focusing on advanced transportation and alternative energy. 
The Enterprise Center will receive $700,000 to allow the Center to 
continue to strengthen efforts to connect advanced technology developed 
within the Department of Energy National Laboratory system with public 
and private sector organizations, as well as other innovative 
technology transfer initiatives to promote additional jobs and economic 
growth in the Tennessee Valley Corridor. The Enterprise Center 
Technology Development and Transfer Office serves an important role in 
the local, state, regional, and national economy in mining 
technologies, innovations, and patents at resource institutions and 
transferring these innovations to the public.
  Distribution of funding:
  Direct Program Expenses--85%
  Indirect Costs--15%
  Requesting Member: Rep. Zach Wamp
  Bill Number: H.R. 1105
  Account: Department of Education, FIPSE
  Legal Name of Requesting Entity: Cleveland State Community College
  Address of Requesting Entity: 3535 Adkisson Drive, Cleveland, TN 
37320
  Description of Request: Cleveland State Community College, a public 
college, requested funds to support workforce development for the 
energy efficiency construction industry and to promote economic growth 
in the region. Cleveland State Community College will receive $328,000 
for curriculum development and purchase of equipment to expand energy 
efficiency concepts and training by including other forms of 
alternative energy, such as biofuels. In 2005 Cleveland State Community 
College developed an Energy Efficient Residential Construction program, 
which trains students in the proper uses of materials and technologies, 
including installing and operating photovoltaic (PV) solar panel 
systems.
  Distribution of funding:
  Program Management and Curriculum--62.5%
  Demonstrations and Equipment--18.36%
  Outreach--19.13%
  Requesting Member: Rep. Zach Wamp
  Bill Number: H.R. 1105
  Account: Department of Health and Human Services, Centers for 
Medicare and Medicaid Services (CMS), Research and Demonstration
  Legal Name of Requesting Entity: Medical Foundation of Chattanooga
  Address of Requesting Entity: 1917 East Third Street, Chattanooga, TN 
37404
  Description of Request: The Medical Foundation of Chattanooga, a non-
profit foundation, requested funds for the Project Access initiative to 
provide health care services to uninsured residents of Hamilton County, 
Tennessee. The Medical Foundation of Chattanooga will receive $190,000 
and matching funds of 5% will be dedicated to the project. Project 
Access staff and volunteer physicians provide essential health care 
services, including both primary and specialty care to these uninsured 
individuals to allow them to continue working and supporting their 
families.
  Distribution of funding:
  Personnel--75%
  MIS Systems Expansion/Upgrade--6.25%
  Other Operational Costs--18.75%
  Requesting Member: Rep. Zach Wamp
  Bill Number: H.R. 1105
  Account: Department of Health and Human Services, Health Resources 
and Services Administration
  Legal Name of Requesting Entity: St. Mary's Jefferson Memorial 
Hospital
  Address of Requesting Entity: 120 Hospital Drive, Jefferson City, TN 
37760
  Description of Request: Jefferson County Mayor Alan Palmieri and the 
Board of St. Mary's Jefferson Memorial Hospital, a non-profit hospital, 
requested funds to upgrade the hospital's emergency facilities and to 
purchase equipment. St. Mary's Jefferson Memorial Hospital will receive 
$523,000 and matching funds of 5% will be dedicated to the project. St. 
Mary's Jefferson Memorial Hospital is the sole community hospital for 
Jefferson County, Tennessee. Expanded emergency and other critical 
equipment are greatly needed to provide essential health care services 
in the county.
  Distribution of funding:
  Emergency Department Equipment--52%
  Intensive Care Unit Equipment--48%
  Requesting Member: Rep. Zach Wamp
  Bill Number: H.R. 1105
  Account: Department of Health and Human Services--Health Resources 
and Services Administration
  Legal Name of Requesting Entity: Lincoln Memorial University
  Address of Requesting Entity: 6965 Cumberland Gap Parkway, Harrogate, 
TN 37752
  Description of Request: The Board of Lincoln Memorial University, a 
private, non-profit university, requested funds to support the 
acquisition of medical simulation technology and for the training of 
faculty members in the use of that simulation technology. Lincoln 
Memorial University will receive $433,000 and matching funds of 5% will 
be dedicated to the project. The Lincoln Memorial University nurse 
anesthesia program will play a critical role in strengthening the 
competencies of community hospitals and healthcare providers in our 
region.
  Distribution of funding:
  Human Patient Simulators--56%
  Technology and hardware to support simulation capabilities--17%
  Other equipment and technology costs--27%
  Requesting Member: Rep. Zach Wamp
  Bill Number: H.R. 1105
  Account: National Park Service, Construction
  Legal Name of Entity Receiving Funds: Moccasin Bend National 
Archeological District (a unit of Chickamauga and Chattanooga National 
Military Park)
  Address of Entity Receiving Funds: Moccasin Bend Road, Chattanooga, 
TN 37405
  Description of Request: Moccasin Bend National Archeological 
District, a unit of the Chickamauga and Chattanooga National Military 
Park, will receive $500,000 to support design and development of 
visitor facilities to promote education and awareness of the 
archeological district. With evidence of human occupation dating back 
to the earliest human cultures in North America, Moccasin Bend has

[[Page 5876]]

a rich and varied cultural history. Moccasin Bend was designated as a 
unit of the National Park Service to preserve the area's rich heritage 
for future generations. Currently no major facilities are in place on 
Moccasin Bend to support public enjoyment of these nationally 
significant resources.
  Distribution of funding:
  Design Development--100%
  Requesting Member: Rep. Zach Wamp
  Bill Number: H.R. 1105
  Account: Environmental Protection Agency, STAG
  Legal Name of Requesting Entity: East Tennessee Development District
  Address of Requesting Entity: 216 Corporate Place, Alcoa, TN 37701
  Description of Request: Mayor of Anderson County Rex Lynch, Mayor of 
Union County Larry Lay, and the East Tennessee Development District 
have requested funds to improve the water system in Anderson and Union 
counties to address problems with bacteriological contamination in the 
current drinking water supply in the area and to promote economic 
development in the East Tennessee region. East Tennessee Development 
District will receive $500,000 and matching funds of 45% will be 
dedicated to the project.
  Distribution of funding:
  Anderson County water system improvements--$275,000 (55%)
  Union County water system improvements--$225,000 (45%)
  Requesting Member: Rep. Zach Wamp
  Bill Number: H.R. 1105
  Account: USDA, Agricultural Research Service
  Legal Name of Requesting Entity: University of Tennessee Institute of 
Agriculture
  Address of Requesting Entity: 101 Morgan Hall, 2621 Morgan Circle, 
Knoxville, TN 37996
  Description of Request: University of Tennessee Institute of 
Agriculture requested funds for molecular genetics technologies used to 
develop better crop varieties to improve cropping systems in the region 
and will receive $254,000 for this project. Crops such as soybeans 
produced in West Tennessee and the North Delta Region are subjected to 
diseases and environmental conditions that are different from other 
cropping regions of the United States. Thus, there is a need for 
regional research on developing new varieties and cropping systems that 
will improve disease resistance, enhance value of the crop and protect 
the regional soil and water resources.
  Distribution of funding:
  Salaries--43.5%
  Supplies--10%
  Travel--1%
  Research Support Agreement--5%
  Equipment--17%
  Extramural Research--13.5%
  Indirect Research Costs--10%
  Requesting Member: Rep. Zach Wamp
  Bill Number: H.R. 1105
  Account: USDA, CSREES, Special Research Grants
  Legal Name of Requesting Entity: University of Tennessee Institute of 
Agriculture
  Address of Requesting Entity: 101 Morgan Hall, 2621 Morgan Circle, 
Knoxville, TN 37996
  Description of Request: University of Tennessee Institute of 
Agriculture requested funds to provide research and development within 
biotechnology and photonics to produce crop plants that can be used 
directly as early-warning sentinels for the detection of plant 
diseases. University of Tennessee Institute of Agriculture will receive 
$700,000 for this project. This research will greatly enhance farmers' 
ability to detect and treat crop diseases, at minimal costs, before the 
diseases can destroy entire harvests. In addition to the early 
detection of plant diseases, the research will develop precision 
agriculture phytosensors for the monitoring of field fertility and 
water stress. The ability to monitor field fertility and water stress 
aids in environmental stewardship of natural resources, and benefits 
growers in economic farm management.
  Distribution of funding:
  Salaries, Wages and Fringe--54%
  Grad Student Fees--2%
  Equipment--23%
  Materials and Supplics--8%
  Travel--1%
  Subcontracts--13%

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                           HON. JOHN L. MICA

                               of florida

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. MICA. 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 Energy and Water section of the FY09 Omnibus 
Appropriations Act, Army Corps of Engineers, General Investigations 
Account for the Intracoastal Waterway, Jacksonville to Miami, FL.
  I have received $4.019 million in the FY09 Omnibus Appropriations 
Act. The entity to receive funding for this project is Florida Inland 
Navigation District, 1314 Marcinski Road, Jupiter, Fl 33477. The FY 
2009 funding will be used for the maintenance dredging of the IWW in 
portions of the IWW in St. Johns, Duval, St. Lucie, Martin and Indian 
River Counties.
  The Intracoastal Waterway in Florida annually: transports over 1.7 
million tons of commercial cargo and over 500,000 recreational vessels; 
increases property values by $38.4 billion, and; provides $18 billion 
in economic output which includes $6 billion in personal wages and 
203,519 jobs. Studies have shown that these benefits would be reduced 
by over 50% if the waterway is not properly maintained.
  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 
Transportation, HUD section of the FY09 Omnibus Appropriations Act, 
Federal Transit Administration Account for the Buses and Bus Facilities 
for the Seminole County, Florida.
  I have received $1,425,000 in the FY09 Omnibus Appropriations Act. 
The entity to receive funding for this project is Seminole County, 1101 
East First St., Sanford, FL 32771. The FY 2009 funding will be used to 
construct bus stations in Seminole County, Florida in the cities of 
Altamonte, Lake Mary, Longwood and Sanford. The cities have received 
the necessary environmental clearances to move forward with land 
acquisition. This project is eligible under SAFETEA-LU program 
authorization.
  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 
Transportation, HUD section of the FY09 Omnibus Appropriations Act, 
Federal Highway Administration Account for TCSP-Transportation and 
Community and System Preservation for Flagler County.
  I have received $237,500 in the FY09 Omnibus Appropriations Act. The 
entity to receive funding for this project is Flagler County, 1769 East 
Moody Blvd., Bunnell, FL 32110. The FY 2009 funding will used for the 
construction of the Colbert Lane to Belle Terre segment of the Lehigh 
Trail in Flagler County, Florida. No previous federal funding, eligible 
for funds under SAFETEA-LU program authorization.
  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 
Transportation, HUD section of the FY09 Omnibus Appropriations Act, 
Federal Highway Administration Account for the Central Winds Park Water 
Taxi Project, Winter Springs, Florida.
  I have received $190,000 in the FY09 Omnibus Appropriations Act. The 
entity to receive funding for this project is the City of Winter 
Springs, 1126 East State Road 434, Winter Springs, FL 32708. The FY 
2009 funding will be used for the design, permitting and construction 
for a water taxi launch site to provide transportation between 
communities located on Lake Jesup in Seminole County.
  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 
Transportation, HUD section of the FY09 Omnibus Appropriations Act, 
Federal Transit Administration Account for the Central Florida Commuter 
Rail System Project.
  I have received $13 million in the FY09 Omnibus Appropriations Act. 
The entity to receive funding for this project is the Florida 
Department of Transportation, 605 Suwannee St., Tallahassee, FL 32399. 
The FY 2009 funding will support purchasing right of way for the 
station properties and conduct final design for Phase 1.
  The project is a 61-mile, 17-station commuter rail system being built 
on existing right-of-way from the DeLand Amtrak Station in Volusia 
County to Poinciana Industrial Park in Osceola County, through downtown 
Orlando, Florida. The project was approved by the Federal Transit 
Administration to enter preliminary engineering in March 2007 and 
anticipates beginning revenue operations in 2011 (Phase 1) and 2013 
(Phase 2). The Central Florida Commuter Rail System is authorized under 
SAFETEA-LU (P.L. 109-59), Section 3043(b)(3).
  Pursuant to the Republican Leadership standards on earmarks, I am 
submitting the

[[Page 5877]]

following information for publication in the Congressional Record 
regarding earmarks I received as part of the Transportation, HUD 
section of the FY09 Omnibus Appropriations Act, Federal Transit 
Administration Account for the Winter Park Intermodal Facility Project.
  I have received $950,000 in the FY09 Omnibus Appropriations Act. The 
entity to receive funding for this project is City of Winter Park, Fl, 
150 W. Morse Blvd., Winter Park, FL 32789. The FY 2009 funding will be 
used for construction and facility improvements to the Amtrak Station 
in Winter Park, Florida to accommodate additional public transit and 
the Central Florida Commuter Rail system due to start in 2010. This 
project is eligible under SAFETEA-LU program authorization.
  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 
Transportation, HUD section of the FY09 Omnibus Appropriations Act, 
Federal Transit Administration Account for the Buses and Bus Facilities 
for the St Johns County Council on Aging.
  I have received $1,472,500 in the FY09 Omnibus Appropriations Act. 
The entity to receive funding for this project is St Johns County, 180 
Marine St., St. Augustine, FL 32084. The FY 2009 funding will be used 
for the construction of new transit facilities and fleet replacement in 
St Johns County, Florida. This project has received federal funding in 
FY04, FY05 and FY06 and is eligible under SAFETEA-LU program 
authorization.
  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 
Labor, HHS, Education section of the FY09 Omnibus Appropriations Act, 
Department of Health and Human Services, Health Resources and 
Administration Account for the Catholic Charities of Central Florida 
Mobile Health Unit.
  I have received $190,000 in the FY09 Omnibus Appropriations Act. The 
entity to receive funding for this project is Catholic Charities of 
Central Florida, 1771 N. Sermoran Blvd., Orlando, FL 32807. The FY 2009 
funding will be used toward the purchase and equip a Mobile Health Unit 
(MHU) to serve the most vulnerable uninsured residents in Central 
Florida. A medically equipped 35 ft. MHU is a critical tool that will 
provide immediate basic health to the uninsured men, women and children 
with the most urgent needs who lack access to transportation, child 
care, inability of working poor to take time off from their jobs and 
at-risk seniors without Medicare Part B in underserved communities. The 
Mobile Health Unit will serve an estimated 4,000 people per year 
equaling a taxpayer/hospital savings of $1,980,000 in indigent care 
costs.
  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 
Labor, HHS, Education section of the FY09 Omnibus Appropriations Act, 
Department of Health and Human Services, Health Resources and 
Administration Account for the School of Nursing at the Bethune-Cookman 
University.
  I have received $330,000 in the FY09 Omnibus Appropriations Act. The 
entity to receive funding for this project is Bethune-Cookman 
University, 640 Dr. Mary McCleod Bethune Blvd., Daytona Beach, FL 
32114-3099. The FY 2009 funding will be used for toward the completion 
of the $3.5 million renovation of a 37,000 sq. ft. facility to house 
the expansion of the School of Nursing. The building will include Smart 
Classrooms, Simulation and Skills Laboratories, a Lecture Hall, Seminar 
and Conference Rooms, Administrative and Faculty Offices and the 
innovative, community focused Wellness Center. The University received 
federal funding for this project in FY08 in the HUD account.
  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 
Interior and Environment FY09 Omnibus Appropriations Act, Environmental 
Protection Agency, STAG Water and Wastewater Infrastructure Account for 
the Volusia County Integrated Water Resources Project.
  I have received $500,000 in the FY09 Omnibus Appropriations Act. The 
entity to receive funding for this project is the St. Johns River Water 
Management District, 4049 Reid Street Palatka, FL 32178-1429. The FY 
2009 funding will be used to integrate alternative water supplies in 
Volusia County, to serve the collective water supply needs of the local 
governments. These alternative supplies will reduce the projected 
regional groundwater deficits. This project will develop up to 30 
million gallons per day of additional water supply from the St. Johns 
River and potentially other alternative water sources.
  This funding is needed in order to ensure the availability of an 
affordable supply of water for use by public water supply and possibly 
by wastewater utility customers in the Volusia County area, to avoid 
competition among users of traditional groundwater sources for the 
limited groundwater supplies in the project area and to reduce the 
significant threat to water resources and related natural systems that 
would result if withdrawals of groundwater were allowed to occur beyond 
their sustainable limits.
  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 
Interior and Environment FY09 Omnibus Appropriations Act, Environmental 
Protection Agency, STAG Water and Wastewater Infrastructure Account for 
the Potable Water System Improvement Project, City of Crescent City, 
Florida.
  I have received $500,000 in the FY09 Omnibus Appropriations Act. The 
entity to receive funding for this project is the City of Crescent 
City, Florida, 3 N. Summit St., Crescent City, Fl 32112. The FY 2009 
funding will be used for the replacement of asbestos cement lines with 
PVC water lines, existing asbestos cement lines have been cracking and 
corroding and adversely effect water service to local residents.
  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 
Energy and Water section of the FY09 Omnibus Appropriations Act, Army 
Corps of Engineers, General Investigations Account for the Flagler 
Beach Shoreline Protection Project.
  I have received $263,000 in the FY09 Omnibus Appropriations Act. The 
entity to receive funding for this project is Flagler County, 1769 East 
Moody Blvd, Bunnell, Fl 32110. The FY 2009 funding will complete the 
feasibility study of the Flagler County shoreline which was begun with 
funding provided in FY 2004.
  The shoreline of the City of Flagler Beach has experienced critical 
erosion that threatens State Road A1A, which serves as an emergency 
evacuation route. For example, A1A was closed in Flagler Beach for the 
month of January, 2006 as the road was completely washed away due to 
erosion. The erosion also has caused a severe loss of public recreation 
opportunities and a degradation of environmental habitat. The beach is 
so narrow that the high tide line extends into the existing revetment, 
making it unsuitable as nesting habitat for sea turtles and almost 
unusable for recreational purposes. The City believes that restoration 
of the beach is a primary component of preserving safe passage along 
A1A while also providing public recreational opportunities and 
environmental habitat.
  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 
Commerce, Justice, Science section of the FY09 Omnibus Appropriations 
Act, Department of Justice, OJP-Byrne Discretionary Grants Account for 
Putnam County for the Children's Advocacy Center.
  I have received $330,000 in the FY09 Omnibus Appropriations Act. The 
entity to receive funding for this project is Putnam County, PO Box 
758, Palatka, FL 32178. The FY 2009 funding will assist Putnam County, 
FL to renovate and equip a new 2500 sq. ft facility to address child 
abuse cases in this affected area. This new facility will provide 
children, their families, case workers, detectives and advocates a safe 
central location where they can meet in a nonthreatening environment. 
This project has not received federal funding previously, but is 
authorized under P.L. 109-162--the Edward Byrne Memorial Justice 
Assistance Grant Program.
  The purpose of the Children's Advocacy Center in Putnam County 
provides an environment for multiple agencies to interview, examine, 
investigate and treat cases of child abuse in Putnam County. These 
funds will be used to renovate and staff a new 2500 sq. ft facility. 
This new facility will provide children, their families, case workers, 
detectives and advocates a safe central location where they can meet in 
a non-threatening environment. Providing this space for concurrent 
interviewing and interagency conferencing enhances the communication 
between agencies on mutual cases.
  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 
Commerce, Justice,

[[Page 5878]]

Science section of the FY09 Omnibus Appropriations Act, Department of 
Justice, COPS Law Enforcement Technology for the City of Maitland. I 
have received $170,000 in the FY09 Omnibus Appropriations Act. The 
entity to receive funding for this project is City of Maitland, 1776 
Independence Ln, Maitland, FL 32751. The FY 2009 funding will assist 
the City of Maitland in the purchase of an upgraded computer aided 
dispatch system that will better coordinate law enforcement and of 
first responders. This project has not received federal funding 
previously, but is authorized under P.L. 109-162--the Edward Byrne 
Memorial Justice Assistance Grant Program.
  The funding will form a multi-agency radio interoperability system 
comprised of the City of Maitland, City of Orlando and the University 
of Central Florida, and for critical technology upgrades for the 
Maitland Police and Fire Department. Funding is for Maitland's portion 
of the multi-agency radio interoperability system. Additionally, the 
need for timely records, Drivers License, Criminal History, and photo 
identification information is critical for public safety. Mobile Data 
Terminals (MDT) provide immediate access to this critical information 
and funding will allow for their full provision to Police, Public 
Safety (Fire EMS), and connection to the Public Safety Records 
Management System (RMS).
  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 
Energy and Water section of the FY09 Omnibus Appropriations Act, Army 
Corps of Engineers, General Investigations Account for the St. Johns 
County Shore Erosion Control Project.
  I have received $263,000 in the FY09 Omnibus Appropriations Act. The 
entity to receive funding for this project is St. Johns County, 4020 
Lewis Speedway, St. Augustine, Fl 32084. The FY 2009 funding will allow 
the Army Corps of Engineers to lessen down drift shoreline impacts 
caused by the federal navigation channel at St. Augustine Inlet, and to 
provide storm damage protection to the shore.
  St. Johns County is located on the East Coast of Florida, 
approximately 30 miles south of Jacksonville and 200 miles north of 
Miami. The ocean shoreline of St. Johns County is approximately 42 
miles long. Due to tropical storms and major hurricanes, particularly 
Hurricane Floyd of 1999, the shorelines of St. Johns County have been 
subject to significant erosion prompting a request to the federal 
government for assistance. The feasibility study area will include all 
of St. Johns County, including the South Ponte Vedra Beach area.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                           HON. BOB GOODLATTE

                              of virginia

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. GOODLATTE. 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.
  Requesting Member: Congressman Bob Goodlatte
  Bill Number: H.R. 1105
  Account: USDA, Animal and Plant Health Inspection Service
  Legal Name of Requesting Entity: USDA Animal and Plant Health 
Inspection Service--Wildlife Service
  Address of Requesting Entity: 105 B Ponderosa Drive, Christiansburg, 
VA 24073
  Description of Request: $140,000. Increasing coyote population poses 
a direct threat to producers due to livestock losses. This funding will 
allow the Wildlife Service to administer a livestock protection program 
to protect animals from coyote predation in western Virginia.
  Requesting Member: Congressman Bob Goodlatte
  Bill Number: H.R. 1105
  Account: EPA, State and Tribal Assistance Grants
  Legal Name of Requesting Entity: City of Lynchburg, Virginia
  Address of Requesting Entity: 900 Church Street, Lynchburg, VA 24504
  Description of Request: $500,000. Combined Sewer Overflow (CSO) 
occurs when older sewer pipes carry both water and sanitary sewer. 
During storms, the system capacity is reached and overflows raw, 
untreated sewage into the nearest stream, creek or backyard. The City 
of Lynchburg began implementing a long term CSO Control Plan in 1993 
when a Special Order, sought by the Environmental Protection Agency, 
was signed, requiring the City of Lynchburg to address its CSO problem. 
This funding helps accelerate the program's completion.
  Requesting Member: Congressman Bob Goodlatte
  Bill Number: H.R. 1105
  Account: Corps of Engineers, Construction--General
  Legal Name of Requesting Entity: U.S. Army Corps of Engineers, City 
of Roanoke, Virginia
  Address of Requesting Entity: City of Roanoke, 215 Church Street, 
Roanoke, VA 24011
  Description of Request $1,029,000. When completed, the project will 
provide flood damage reduction to industrial, commercial, and 
residential property.
  Requesting Member: Congressman Bob Goodlatte
  Bill Number: H.R. 1105
  Account: Cooperative State Research Education and Extension Service
  Legal Name of Requesting Entity: Virginia Polytechnic Institute and 
State University
  Address of Requesting Entity: 219 Burress Hall, Blacksburg, VA 24061
  Description of Request: $868,000. Funds for the Biodesign and 
Processing Research Center (BPRC) at Virginia Polytechnic Institute and 
State University will enable the BPRC to continue conducting research 
for the conversion of agricultural crops and agriculture/animal wastes 
to value-added products such as fuels, bio-oils, fertilizers, and other 
industrial products.
  Requesting Member: Congressman Bob Goodlatte
  Bill Number: H.R. 1105
  Account: USDA, National Resources Conservation Service
  Legal Name of Requesting Entity: USDA Natural Resources Conservation 
Services
  Address of Requesting Entity: 1606 Santa Rosa Drive, Suite 206, 
Richmond, VA 23229
  Description of Request: $160,000. The Buena Vista Watershed Plan will 
ensure that the NRCS has necessary resources to maintain its flood 
protection intitiative along the Maury River in Rockbridge County, 
Virginia. This plan is an effort to prevent flooding on interior 
streams and stream bank erosion. This project is necessary to protect 
homes and businesses in Buena Vista and minimize long-term 
environmental degradation to the entire watershed area.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                         HON. BRIAN P. BILBRAY

                             of california

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. BILBRAY. 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.
  Requesting Member: Congressman Brian Bilbray
  Bill Number: H.R. 1105 FY 2009 Omnibus Appropriations Act
  Account: CDC, Public Health Improvement and Leadership
  Legal Name of Requesting Entity: County of San Diego, Public Health 
Services
  Address of Requesting Entity: 1700 Pacific Highway, San Diego, CA 
92101
  Description of Request: I received an earmark of $476,000 to 
implement a management system to allow the County of San Diego to track 
medications, vaccines, supplies, equipment and people used during a 
health emergency response. The County is vulnerable and at high risk 
for such incidents due to its status as a border community and military 
town. The Emergency Preparedness and Public Health Management System 
(EPPHMS) will provide real-time visibility in the day-to-day and 
emergency management of pharmaceuticals, vaccines, consumable and 
capital assets, materiel and human resources, program management and 
patient tracking. Many County and local programs and agencies will use 
this management system concurrently for daily and emergency management 
in single-site, multi-site or mobile facilities, while integrating with 
the County's main Emergency Operations Center. This HIPAA- and PHIN-
compliant system will mitigate a gap in County readiness and 
infrastructure, as identified by the Center for Disease Control and 
Prevention in 2007.
  Requesting Member: Congressman Brian Bilbray
  Bill Number: H.R. 1105 FY 2009 Omnibus Appropriations Act
  Account: Department of Transportation, Federal Highway 
Administration, Transportation, Community, and System Preservation 
Program
  Legal Name of Requesting Entity: City of Carlsbad, California

[[Page 5879]]

  Address of Requesting Entity: 1200 Carlsbad Village Drive, Carlsbad, 
California 92008
  Description of Request: I received an earmark of $237,500 to proceed 
with the design work to construct a replacement for the Encinas Creek 
Bridge. This is a critical section of the historic route Coast Highway 
101 and it is the regional road alternative to Interstate 5. CALTRANS 
has indicated in two major reviews that this bridge must be replaced as 
soon as possible to meet seismic standards and repair the failing 
support structure. Bridge lanes have already been rerouted temporarily 
for public safety. This stretch of Coast Highway provides direct access 
to public beach parking, pedestrian access, coastal bicycle trails, 
state campgrounds, and several tourist serving commercial facilities. 
Public funding to support this very heavily utilized public road is 
vital to ensure traffic flow, safety, and the economic development of 
the region. 20% of funding will come from local or state sources, and 
this project is part of the State of California's transportation 
improvement plan and has been identified as an eligible project 
critical to the region.
  Requesting Member: Congressman Brian Bilbray
  Bill Number: H.R. 1105 FY 2009 Omnibus Appropriations Act
  Account: COPS Technology
  Legal Name of Requesting Entity: County of San Diego, Sheriff's 
Department
  Address of Requesting Entity: 9621 Ridgehaven Court, San Diego, CA 
92123
  Description of Request: Per my request, San Diego County has received 
$1.35 million for the ongoing upgrade of the San Diego County Sheriff's 
Department's Regional Communications System (RCS). This funding will be 
used for Phase 1 of migration to P25 capacity, which will move the 
County and its cities forward in the implementation of an effective, 
efficient regional interoperable communications system. This system 
will be critical both in terms of daily, routine communications and 
during disaster emergencies and other events that demand that all 
public safety agencies be able to communicate effectively. It will 
benefit California and other States and Federal agencies by providing 
voice radio interoperability with those entering into the region 
providing mutual aid. Ultimately, it will enable San Diego County 
public safety agencies to seamlessly integrate with surrounding 
Counties as it is built out to a ``network of networks.''
  Requesting Member: Congressman Brian Bilbray
  Bill Number: H.R. 1105 FY 2009 Omnibus Appropriations Act
  Account: Army Corps of Engineers, General Investigations, 
Miscellaneous
  Legal Name of Requesting Entity: Scripps Institution of Oceanography, 
UC San Diego
  Address of Requesting Entity: 9500 Gilman Drive, La Jolla, CA 92093
  Description of Request: I received $500,000 for the Coastal Data 
Information Program/Southern California Beach Processes Study within 
the Army Corps of Engineers. Through this program, high-resolution wave 
data and forecasts are disseminated in real time via the internet to 
the National Weather Service and to tens of thousands of diverse users 
each day. Sea state and surf warnings are issued based on this 
information for the protection of life and property. In addition, beach 
elevations are monitored and analyzed, and this information is provided 
to coastal communities online where local governments and engineers use 
it for making educated policy decisions for protecting and enhancing 
local beaches. This request is consistent with the intended and 
authorized purpose of the Army Corps of Engineers, which has the 
federal responsibility for shoreline protection and uses this data for 
coastal dredging and construction projects. This program is critical to 
marine safety and operations for the coastal United States and there 
are no competitive funding sources available.
  Requesting Member: Congressman Brian Bilbray
  Bill Number: H.R. 1105 FY 2009 Omnibus Appropriations Act
  Account: Army Corps of Engineers, General Investigations
  Legal Name of Requesting Entity: The City of Solana Beach
  Address of Requesting Entity: 635 South Highway 101, Solana Beach, 
CA, USA 92075
  Description of Request: I received $375,000 to complete the 
feasibility study for the Solana Beach-Encinitas Shoreline Protection 
Project. The protective beaches throughout the Solana Beach area are 
severely eroded, leaving residences, portions of Highway 101, and 
public access points susceptible to dangerous wave attacks and 
beachgoers subject to falling rocks as bluffs are destabilized by 
erosion. This Shore Protection Project will build up the protective 
beaches along the coast, preserving public access, recreational areas, 
and as well as public infrastructure and private homes.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                          HON. JOHN M. McHUGH

                              of new york

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. McHUGH. 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, FY 2009 Omnibus Appropriations Act:
  Requesting Member: Congressman John McHugh
  Bill Number: H.R. 1105
  Account: Institute of Museum & Library Services: Museums & Libraries
  Legal Name of Requesting Entity: Adirondack Museum
  Address of Requesting Entity: Route 28N & 30, P.O. Box 99 Blue 
Mountain Lake, NY 12812.
  Description: Provide an earmark of $95,000 to the Adirondack Museum 
for the construction of an exhibit to highlight and preserve the 
history and impact of the mining industry on the Adirondack region.
  Requesting Member: Congressman John McHugh
  Bill Number: H.R. 1105
  Account: Department of Health & Human Services: HRSA Health 
Facilities and Services
  Legal Name of Requesting Entity: Samaritan Medical Center
  Address of Requesting Entity: 830 Washington Street, NY 13601.
  Description: Provide an earmark in the amount of $190,000 for the 
construction and renovation of a new healthcare facility to better meet 
the needs of the nearby fast growing military and civilian population.
  Requesting Member: Congressman John McHugh
  Bill Number: H.R. 1105
  Account: Department of Health & Human Services: HRSA Health 
Facilities and Services
  Legal Name of Requesting Entity: Oneida Healthcare Center
  Address of Requesting Entity: 321 Genesee Street, Oneida, NY 13421
  Description: Provide an earmark in the amount of $285,000 for the 
demolition and renovation of a new acute care facility, and to help 
fund the purchase of movable equipment at the Oneida Healthcare Center.
  Requesting Member: Congressman John McHugh
  Bill Number: H.R. 1105
  Account: Department of Health & Human Services: HRSA Health 
Facilities and Services
  Legal Name of Requesting Entity: Carthage Family Wellness Clinic
  Address of Requesting Entity: 120 South Mechanic Street, Carthage, NY 
13619.
  Description: Provide an earmark in the amount of $190,000 for the 
construction of a medical office building.
  Requesting Member: Congressman John McHugh
  Bill Number: H.R. 1105
  Account: Department of Health & Human Services: HRSA Health 
Facilities and Services
  Legal Name of Requesting Entity: Canton-Potsdam Hospital
  Address of Requesting Entity: 50 Leroy Street, Potsdam, NY 13676.
  Description: Provide an earmark in the amount of $143,000 for the 
expansion of the current hospital complex to accommodate a new 
Intensive Care Unit.
  Requesting Member: Congressman John McHugh
  Bill Number: H.R. 1105
  Account: Department of Health & Human Services: HRSA Health 
Facilities and Services
  Legal Name of Requesting Entity: Elizabethtown Community Hospital
  Address of Requesting Entity: 75 Park Street, Elizabethtown, NY 
12932.
  Description: Provide an earmark in the amount of $190,000 for the 
purchase of telemedicine equipment and radiology and mammography 
equipment.
  Requesting Member: Congressman John McHugh
  Bill Number: H.R. 1105
  Account: Department of Education: Higher Education
  Legal Name of Requesting Entity: State University of New York at 
Canton
  Address of Requesting Entity: 34 Cornell Drive, Canton, NY 13617.
  Description: Provide an earmark in the amount of $143,000 the 
purchase of laboratory equipment for the purposes of distance learning 
and experimentation.
  Requesting Member: Congressman John McHugh

[[Page 5880]]

  Bill Number: H.R. 1105
  Account: Department of Justice: OJP Juvenile Justice
  Legal Name of Requesting Entity: Youth Advocate Programs, Inc.
  Address of Requesting Entity: 2007 North Third Street, Harrisburg, PA
  Description: Provide an earmark in the amount of $150,000 for the 
establishment of two centers in New York State to provide assistance to 
at-risk youth.
  Requesting Member: Congressman John McHugh
  Bill Number: H.R. 1105
  Account: Department of Justice: OJP Byrne Discretionary Grants
  Legal Name of Requesting Entity: Franklin County District Attorney's 
Office
  Address of Requesting Entity: 355 W. Main Street, Malone, NY 12953.
  Description: Provide an earmark in the amount of $350,000 for the 
construction and deployment of a wireless video-based surveillance 
system with video analysis for use by multiple law enforcement 
agencies.
  Requesting Member: Congressman John McHugh
  Bill Number: H.R. 1105
  Account: Environmental Protection Agency: STAG Water and Wastewater 
Infrastructure Project
  Legal Name of Requesting Entity: Village of Canastota
  Address of Requesting Entity: 205 Peterboro Street, Canastota, New 
York 13032
  Description: Provide an earmark in the amount of $500,000 for the 
construction of an upgraded Village combined sewer system.
  Requesting Member: Congressman John McHugh
  Bill Number: H.R. 1105
  Account: National Park Service: Save America's Treasures
  Legal Name of Requesting Entity: Frederick Remington Art Museum
  Address of Requesting Entity: 303 Washington Street, Ogdensburg, NY 
13699
  Description: Provide an earmark in the amount of $150,000 for the 
restoration of the historic Parish Mansion which houses the Frederick 
Remington Museum.
  Requesting Member: Congressman John McHugh
  Bill Number: H.R. 1105
  Account: Economic Development Initiatives
  Legal Name of Requesting Entity: Village of Rouses Point, NY
  Address of Requesting Entity: 139 Lake Street, Rouses Point, NY
  Description: Provide an earmark in the amount of $95,000 for the 
restoration and preservation of a rail station.
  Requesting Member: Congressman John McHugh
  Bill Number: H.R. 1105
  Account: National Park Service: Economic Development Initiatives
  Legal Name of Requesting Entity: Points North Housing Coalition of 
Jefferson, Lewis and St. Lawrence Counties
  Address of Requesting Entity: 129 Kiwassa Road, Saranac, NY 12983
  Description: Provide an earmark in the amount of $166,250 for the 
support and development affordable housing in Jefferson, Lewis, and St. 
Lawrence Counties.
  Requesting Member: Congressman John McHugh
  Bill Number: H.R. 1105
  Account: National Park Service: Surface Transportation Priorities
  Legal Name of Requesting Entity: Operation Oswego County, Inc.
  Address of Requesting Entity: 44 West Bridge Street, Oswego, NY 13126
  Description: Provide an earmark in the amount of $237,500 for 
improvement of road and rail connections at the Port of Oswego.
  Requesting Member: Congressman John McHugh
  Bill Number: H.R. 1105
  Account: National Park Service: Federal Lands (Public Lands Highways)
  Legal Name of Requesting Entity: New York State Department of 
Transportation
  Address of Requesting Entity: 50 Wolf Road, Albany, NY 12232
  Description: Provide an earmark in the amount of $1,425,000 for the 
construction of a 4-lane road from Interstate 81 to the main gate at 
Fort Drum in order to enhance the viability of the Fort and improve 
safety in the region.
  Requesting Member: Congressman John McHugh
  Bill Number: H.R. 1105
  Account: Department of Energy: EERE
  Legal Name of Requesting Entity: Town of Mexico, NY
  Address of Requesting Entity: 3226 Main Street, Mexico, NY
  Description: Provide an earmark in the amount of $142,500 for the 
construction of a town hall that makes use of energy efficient 
geothermal technologies for climate control.
  Requesting Member: Congressman John McHugh
  Bill Number: H.R. 1105
  Account: Department of Energy: EERE
  Legal Name of Requesting Entity: Catalyst Renewables Corporation, c/o 
Lyonsdale Biomass
  Address of Requesting Entity: 3823 Marmon Road, Lyons Falls, NY 13368
  Description: Provide an earmark in the amount of $475,750 for the 
commercialization of willow biomass crops as part of the mix of woody 
biomass feedstocks for bioenergy.
  Requesting Member: Congressman John McHugh
  Bill Number: H.R. 1105
  Account: Department of Energy: EERE
  Legal Name of Requesting Entity: State University of New York at 
Morrisville
  Address of Requesting Entity: 90 Eaton Street, Morrisville, NY 13408
  Description: Provide an earmark in the amount of $475,750 to 
construct an algae-based renewable energy efficiency project.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                            HON. JERRY MORAN

                               of kansas

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. MORAN of Kansas. 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, the Omnibus Appropriations 
Act, 2009.
  Requesting Member: Congressman Jerry Moran
  Bill Number: H.R. 1105
  Agency/Account: Agricultural Research Service, Salaries and Expenses
  Legal Name of Requesting Entities: ARS Manhattan Unit and Kansas 
State University
  Address of Requesting Entities: 1515 College Ave, Room 101, 
Manhattan, KS 66502 and 110 Anderson Hall, Manhattan, KS 66506
  Description of Project: I have secured $508,000 for Karnal Bunt (KB 
which is a disease of wheat that is caused by the fungus Tilleti 
indica. Although total deregulation of KB is scientifically justified, 
international quarantine deregulation is a slow and complex process. 
Past funded breeding programs have been successful and developed an 
array of resistant breeding lines. These lines are now in final stages 
of testing prior to variety release. As Karnal bunt research is 
completed, we request these h d s be transitioned to address new, more 
critical disease threats, such as cereal rust diseases. Since 2001, 
other serious challenges to wheat crop health have emerged, including 
new virulent races of stripe and leaf rust and the African stem rust 
race Ug99 and its variants. Resources are needed to address these 
critical disease issues and vulnerabilities in U.S. cereal production. 
I certify that neither I nor my spouse has any financial interest in 
this project.
  Requesting Member: Congressman Jerry Moran
  Bill Number: H.R. 1105
  Agency/Account: Animal and Plant Health Inspection Service, Salaries 
and Expenses Legal Name of Requesting Entity: Kansas State University
  Address of Requesting Entity: 110 Anderson Hall, Manhattan, KS 66506
  Description of Project: I have secured $259,000 for The National 
Agricultural Biosecurity Center (NABC) at Kansas State University. NABC 
was established to help protect the U.S. agricultural infrastructure 
and economy from endemic and emerging biological threats. There has 
been progress made with Phase I and Phase II funding, but more work is 
necessary. The NABC requires Phase 11 continuation funding to implement 
international linkages for food animal and food crop disease 
surveillance, to expand animal health diagnostic screening capabilities 
in Kansas and the region, to further develop a GIs-based tracking 
system for pathogen monitoring, and to populate a lessons learned 
agrosecurity archive. To address these national security needs, funding 
is also required for enhanced Internet connectivity, on-line training 
materials, and data mining tools. I certify that neither I nor my 
spouse has any financial interest in this project.
  Requesting Member: Congressman Jerry Moran
  Bill Number: H.R. 1105
  Agency/Account: Cooperative State Research Education and Extension 
Service/SRG Legal Name of Requesting Entity: Kansas State University
  Address of Requesting Entity: 110 Anderson Hall, Manhattan, KS, 66506

[[Page 5881]]

  Description of Project: I have secured $515,000 Great Plains Sorghum 
Improvement and Utilization Center. Kansas State University along with 
Texas Tech University and Texas A&M University initiated the Great 
Plains Sorghum Improvement and Utilization Center (GPSIUC). The focus 
of the center is on genetic improcement, production systems to enhance 
water and nutrient use, innovative strategies to provide improved weed 
control. Utilization of sorghum in human food products, animal feed, 
and as a bioenergy and industrial feedstock, plus marketing, and policy 
analysis in support of the US sorghum industry. Increased funding for 
FY09 will permit GPSIUC to expand existing research and education 
programs, particularly in genetic improvement and sorghum utilization. 
Sorghum is one of the most drought tolerant crops in the world, 
offering many potential advantages as a food, feed and bioenergy crop, 
and could be a key to sustaining viable rural economies in the Great 
Plains. I certify that neither I nor my spouse has any financial 
interest in this project.
  Requesting Member: Congressman Jerry Moran
  Bill Number: H.R. 1105
  Agency/Account: Cooperative State Research Education and Extension 
Service/SRG
  Legal Name of Requesting Entity: Kansas State University
  Address of Requesting Entity: 110 Anderson Hall, Manhattan, KS, 66506
  Description of Project: I have secured $142,000 for Preharvest Food 
Safety and Security program. Currently, Kansas State University has an 
ongoing USDA special project on the ecology of E. coli 0157:H7 in beef 
cattle and the environment. This bacterial organism is a major cause of 
food-borne illnesses in humans. The university plans to expand its 
investigations into (1) the ecology of Salmonella in beef cattle, (2) 
antimicrobial resistance in cattle, and (3) agroinformatics and animal 
health diagnostics. These four areas of research have great overlap and 
synergy and will allow Kansas State University to better identify 
emerging threats of food-borne and zoonotic diseases associated with 
food-producing animals. I certify that neither I nor my spouse has any 
financial interest in this project.
  Requesting Member: Congressman Jerry Moran
  Bill Number: H.R. 1105
  Agency/Account: Cooperative State Research Education and Extension 
Service/SRG Legal Name of Requesting Entity: Kansas State University
  Address of Requesting Entity: 110 Anderson Hall, Manhattan, KS, 66506
  Description of Project: I have secured $69,000 to study water 
conservation in the Ogallala Region of Kansas This effort is critical 
to the economic viability of western Kansas. In many parts of western 
Kansas, freshwater from both surface and groundwater is increasingly in 
short supply. Drought, aquifer and surface water depletion, and 
population shills have stretched community and regional water supplies 
to their limits. As groundwater supplies decline or become cost 
prohibitive, better management of water through conservation, 
recycling, and treatment of poor quality water for use becomes even 
more important. The goals of this project are to help: 1) agricultural 
producers, both crop and livestock; 2) rural communities in water-short 
areas; and 3) state agencies to implement economical technologies and 
policies that will result in water conservation and prolonged life of 
the Ogallala aquifer in the face of increasing competition for 
declining aquifers and over allocated surface waters. I certify that 
neither I nor my spouse has any financial interest in this project.
  Requesting Member: Congressman Jerry Moran
  Bill Number: H.R. 1105
  Agency/Account: Cooperative State Research Education and Extension 
Service/SRG Legal Name of Requesting Entity: Kansas State University
  Address of Requesting Entity: 110 Anderson Hall, Manhattan, KS, 66506
  Description of Project: I have secured $240,000 for Wheat Genetic 
Research. Wheat is the world's most important grain for human 
nutrition, but genomics and biotechnology research has lagged behind. 
WGGRC is leading an international effort to map and sequence the wheat 
genome. The WGGRC gene bank currently maintains 12,000 lines and these 
collections are continuously expanding as the Center acquires, 
develops, and distributes new genetic and genomic resources to 
facilitate wheat genetics, genomics, and breeding research. Kansas 
State University has already made an investment of almost $1.0 million 
towards the purchase of a DNA sequencer and a robot for arraying and 
printing of DNA filters. This request will collect, conserve, and 
distribute wheat genetic and genomic resources; develop improved germ 
plasm; develop genetic stocks; develop genomic resources; and support 
training and outreach. I certify that neither I nor my spouse has any 
financial interest in this project.
  Requesting Member: Congressman Jerry Moran
  Bill Number: H.R. 1105
  Agency/Account: DOJ, COPS Law Enforcement Technology
  Legal Name of Requesting Entity: City of Emporia Police Department
  Address of Requesting Entity: 518 Mechanic Street, Emporia, KS 66801
  Description of Project: I have secured $150,000 for the City of 
Emporia Police Department.
  The City of Emporia police department has had problems maintaining 
the pace of the replacement of equipment and staffing critical to the 
safety of the officers and members of the community. In the development 
of a five year capital improvement project, there were only four of the 
nearly 20 items that were new. Funding is requested for the purchase of 
Communication and Surveillance Equipment. I certify that neither I nor 
my spouse has any financial interest in this project.
  Requesting Member: Congressman Jerry Moran
  Bill Number: H.R. 1105
  Agency/Account: DOJ, COPS Law Enforcement Technology
  Legal Name of Requesting Entity: City of Garden City Police 
Department
  Address of Requesting Entity: 304 N. 9th Street, Garden City, KS 
67846
  Description of Project: I have secured $150,000 for the Garden City 
Police Department. The Garden City Police Department is always looking 
for ways to be progressive and adding equipment which would help us 
monitor gang activity and prevent, or resolve graffiti and gang crime 
is sorely needed. Gang crime and graffiti have become problematic and 
public expectations for safety and prevention are high. Video 
monitoring equipment and accompanying computers and software that 
officers can access in their patrol vehicles would be of immense 
assistance to the Garden City Police Department for immediate response 
and intervention, especially in high crime areas. I certify that 
neither I nor my spouse has any financial interest in this project.
  Requesting Member: Congressman Jerry Moran
  Bill Number: H.R. 1105
  Agency/Account: DOJ, COPS Law Enforcement Technology
  Legal Name of Requesting Entity: Junction City Police Department
  Address of Requesting Entity: 210 East Ninth Street, Junction City, 
KS 66441
  Description of Project: I have secured $150,000 for the Junction City 
Police Department. Junction City Police Department is a 52 officer 
department located in Central Kansas next to Fort Riley military base. 
The unprecedented growth in the community is experiencing has magnified 
downfalls in their current technology and has identified the need for 
additional technology. The Junction City Police Department needs key 
technology components to merge their systems together making a more 
user friendly environment accessible to the entire law enforcement team 
rather than a limited number of educated individuals. Funding would be 
used to purchase additional technology, such as surveillance 
enhancements, GIS improvements and crime mapping technology to analyze 
crime trends and to ensure the proper application of department 
resources and manpower. I certify that neither I nor my spouse has any 
financial interest in this project.
  Requesting Member: Congressman Jerry Moran
  Bill Number: H.R. 1105
  Agency/Account: DOJ, OJP-Juvenile Justice
  Legal Name of Requesting Entity: Youthville
  Address of Requesting Entity: 11200 Lariat Way PO Box 1394, Dodge 
City, KS 67801 Description of Project: I have secured $50,000 for the 
Youthville Training Institute for Foster Families. Youthville will 
provide comprehensive training to future foster families across Kansas, 
preparing them for the challenges of caring for a traumatized child. 
The Training Institute for Foster and Adoptive Families will recruit 
and train families interested in foster parenting and adopting at-risk 
children. These families will be prepared for adopting an at-risk child 
who has experienced severe emotional, physical, and/or sexual abuse. 
The Training Institute will consist of staff that is highly trained in 
helping the families build their skills in managing trauma-based 
behaviors in children. The families and children themselves will also 
receive training that is intensive and ongoing. Families who have 
previously adopted will also be eligible for the Training Institute. 
The overall goal of the program is to assist these children in becoming 
productive

[[Page 5882]]

members of our society by placing them in families prepared to deal 
with foreseeable challenges. I certify that neither I nor my spouse has 
any financial interest in this project.
  Requesting Member: Congressman Jerry Moran
  Bill Number: H.R. 1105
  Agency/Account: Corps of Engineers, Section 205
  Legal Name of Requesting Entity: City of Concordia
  Address of Requesting Entity: 701 Washington Street, Concordia, KS 
66901
  Description of Project: I have secured language for the Army Corps of 
Engineers to provide assistance to The Concordia project which is 
located on an unnamed tributary on the south side of the City of 
Concordia. An existing embankment on that stream serves as a detention 
dam during heavy rainfall events and protects a residential and 
commercial development immediately downstream. This embankment breached 
as a result of heavy rainfall in 1950 and flood waters devastated the 
downtown business district. The embankment was restored, but not 
designed to current or any acceptable engineering standards, and its 
condition makes the risk of flooding to the housing and business 
district immediately downstream very high. The project will develop a 
plan to construct a safe and reliable flood protection project in 
partnership with the City of Concordia. I certify that neither I nor my 
spouse has any financial interest in this project.
  Requesting Member: Congressman Jerry Moran
  Bill Number: H.R. 1105
  Agency/Account: Department of Energy, EERE
  Legal Name of Requesting Entity: Kansas State University
  Address of Requesting Entity: 110 Anderson Hall, Manhattan, KS, 66506
  Description of Project: I have secured $713,625 for the Kansas State 
University Center for Sustainable Energy. Kansas State University 
request funding to establish and sustain programs at the Center for 
Sustainable Energy (CSE). Through KSU's strengths in the requisite 
science and technology elements, it will foster collaborations with 30+ 
entities including other educational institutions, public and private 
research centers, private industries and public organizations with 
strategic interests in the sustainable energy. This diverse group of 
stakeholders will ensure a Center structure that fosters research 
collaborations, technology transfer, and commercialization.
  To address the grand challenges and produce ``game-changing'' 
innovations, the CSE will draw upon expertise from five major research-
specialty groups: biomass design, biomass production, biomass 
conversion to fuels and chemicals, biofuel/product utilization, and the 
socioeconomic impacts of sustainable energy. A critical mass of diverse 
investigators from academia, industry, and national laboratories plans 
and carries out broad ranging research that will produce a continuous 
outflow of sustainable processes for technology transfer, business 
development, and commercialization. Commercialization activities will 
include market assessment, policy review and legal issues, intellectual 
property generation and management, facilitating collaborations and 
creation of investment vehicles. I certify that neither I nor my spouse 
has any financial interest in this project.
  Requesting Member: Congressman Jerry Moran
  Bill Number: H.R. 1105
  Agency/Account: Department of Energy, EERE
  Legal Name of Requesting Entity: Kansas State University
  Address of Requesting Entity: 110 Anderson Hall, Manhattan, KS, 66506
  Description of Project: I have secured $713,625 for the Kansas Wind 
Energy Consortium. A consortium (KWEC) of researchers from Kansas State 
University, Wichita State University, and the University of Kansas 
request funding to dramatically increase the penetration of wind energy 
via distributed wind power generation. KWEC aims to find technical and 
economic solutions to enable widespread implementation of distributed 
renewable energy resources that would apply to wind. The outcome will 
make Kansas and the nation more energy and environmentally secure. 
Additionally, with growing emphasis on renewal energy worldwide, 
success of this research would have global impact. I certify that 
neither I nor my spouse has any financial interest in this project.
  Requesting Member: Congressman Jerry Moran
  Bill Number: H.R. 1105
  Agency/Account: Small Business Administration
  Legal Name of Requesting Entity: The University of Kansas
  Address of Requesting Entity: 1450 Jayhawk Boulevard, Room 230, 
Lawrence, KS 66045
  Descscription of Project: I have secured $100,000 for the KU Center 
for Trade and Agribusiness. The University of Kansas School of Law is 
nationally recognized for its international trade and international 
finance coursework and legal analysis. The proposed center at the 
University of Kansas School of Law would provide law students and 
faculty the ability to distribute legal expertise into the field of 
trade which is crucial to the continued economic success of Kansas and 
the Great Plains. Agriculture trade makes up the majority of state 
economies like Kansas and increasing and expediting trade will grow 
these economies. I certify that neither I nor my spouse has any 
financial interest in this project.
  Requesting Member: Congressman Jerry Moran
  Bill Number: H.R. 1105
  Agency/Account: EPA, STAG Water and Wastewater Infrastructure Project
  Legal Name of Requesting Entity: City of Lindsborg
  Address of Requesting Entity: 101 S. Main P.O. Box 70, Lindsborg, KS 
67456
  Description of Project: I have secured $500,000 for the City of 
Lindsborg's wastewater treatment plant upgrade. The City of Lindsborg 
engaged an engineering consultant in January of 2007 to conduct an 
assessment of the Lindsborg wastewater treatment plant (WWTP). The 
three primary drivers for the assessment were safety of the wetwell, 
the expiration of the current NPDES permit in 2009 and the age of the 
facility. The wetwell receives the raw sewage into the plant for 
treatment. It is a highly corrosive environment due to sewer gases and 
the different types of waste that enters. The current wetwell is a 
safety hazard because it is a confined space with poor ventilation. The 
regular cleaning of the wetwell is a major safety issue for wastewater 
treatment plant employees.
  The WWTP is regulated by both EPA and the Kansas Department of Health 
& Environment (KDHE). On September 30, 2009, the NPDES permit for the 
wastewater treatment plant is up for renewal. As part of the study, a 
mock permit was requested from the KDHE. The purpose of the mock permit 
was to determine what the compliance requirements would be for the 
renewal permit. The results of the mock permit said that any upgrade or 
expansion must provide for a full reduction of nitrogen by 
nitrification and denitrification processes. There is also the 
possibility of more stringent effluent limits for phosphorus that may 
be applied.
  The current recommended upgrades to the WWTP are at an estimated 
construction cost of $4,534,600. Of this estimated cost, 76% of the 
cost ($3,446,296) is due to meeting regulatory, code, safety, age and 
efficiency issues. The remaining costs of improvements ($1,088,304) are 
due to capacity and biosolids handling needs. These improvements are 
needed to ensure the safety of employees, rivers/streams and public 
health. The costs of the upgrades to comply and ensure safety are 
burdensome on a small community. I certify that neither I nor my spouse 
has any financial interest in this project.
  Requesting Member: Congressman Jerry Moran
  Bill Number: H.R. 1105
  Agency/Account: EPA, STAG Water and Wastewater Infrastructure Project
  Legal Name of Requesting Entity: City of Salina
  Address of Requesting Entity: 300 West Ash St., Salina, KS 67402
  Description of Project: I have secured $250,000 for the City of 
Salina. The City of Salina, together with the Salina Area Chamber of 
Commerce are working to address a key issue that slows the opportunity 
for job creation and economic development.
  The community is developing an innovative approach to housing 
development to address workforce development issues and to stimulate 
job creation and the investment of private sector capital. The shortage 
of homes in selected price ranges is causing supply/demand inflation 
that prices many buyers out of the housing market or forces them into 
much more debt than they should incur.
  Funds will be leveraged from both public and private sources to 
reduce the infrastructure development costs that make it challenging to 
develop affordable housing. A multi-phase housing subdivision will be 
built. The first phase will be approximately 100 lots and be sold to 
the public and/or direct to builders. The homes will be limited in size 
to ensure construction of homes that are in short supply for current 
and future employees.
  Federal funds for this project will be used for water line extensions 
and sewer lines and

[[Page 5883]]

improvements to the new development. I certify that neither I nor my 
spouse has any financial interest in this project. I certify that 
neither I nor my spouse has any financial interest in this project.
  Requesting Member: Congressman Jerry Moran
  Bill Number: H.R. 1105
  Agency/Account: Department of Education, Higher Education
  Legal Name of Requesting Entity: Emporia State University
  Address of Requesting Entity: 1200 Commercial Street, Emporia, KS 
66801
  Description of Project: I have secured $190,000 for Emporia State 
University. Biosciences capability for instruction and research at 
Emporia State University (ESU) exists in the departments of biology and 
chemistry. The Biochemistry and Molecular Biology (BMB) major and the 
other existing bachelors and master's degree programs in biology and 
chemistry produce graduates who have contributed and will continue to 
contribute to the technical workforce necessary for the biosciences 
initiatives envisioned by the Kansas Economic Growth Act. To meet the 
current and long-term challenges for a successful Kansas bioscience 
enterprise, funding is requested to purchase various equipment that 
would greatly contribute to Emporia State University's Bioscience 
Department. I certify that neither I nor my spouse has any financial 
interest in this project.
  Requesting Member: Congressman Jerry Moran
  Bill Number: H.R. 1105
  Agency/Account: Department of Education, Higher Education
  Legal Name of Requesting Entity: Hutchinson Community College
  Address of Requesting Entity: 1300 N. Plum Street, Hutchinson, KS 
67501
  Description of Project: I have secured $238,000 for Hutchinson 
Community College. In March of 2008 Hutchinson Community College will 
break ground on an expansion and renovation of its 40-year old science 
building into a Physical and Biotechnology Science Center. Donations 
from private donors and state and local public sources will pay for the 
necessary remodeling and facility expansion. Federal dollars are being 
requested to equip the building with required safety, communication, 
and technical equipment and furnishings appropriate to learning 
environments.
  HCC's enrollment in science courses increased 33% over five years, 
leveling off only due to physical space limitations. Credit hour 
generation in science courses constitutes 12% of total college hours. 
During the 2006-2007 academic year, 2,717 students were enrolled in 
science coursework generating 11,267 credit hours. Approximately 40% of 
these students are pursuing careers in Allied Health. Other students 
are preparing for transfer to four-year baccalaureate institutions and 
more advanced scientific study. I certify that neither I nor my spouse 
has any financial interest in this project.
  Requesting Member: Congressman Jerry Moran
  Bill Number: H.R. 1105
  Agency/Account: HUD, Economic Development Initiatives
  Legal Name of Requesting Entity: McPherson Opera House Company
  Address of Requesting Entity: 219 South Main Street, McPherson, KS 
67460
  Description of Project: The McPherson Opera House was built in 1888 
and for a number of years was the cultural, entertainment and civic 
center for McPherson County. The advent of movies, and to a greater 
extent television, negatively impacted audiences at the Opera House, 
and the auditorium, which had become a movie house, closed its doors in 
1965.
  Approximately $3,000,000 has been raised and spent on the building's 
rehabilitation, which has included the exterior and the west commercial 
portion of the building. What remains to be done is the renovation of 
the auditorium and the construction of the Arts Center beneath the 
auditorium. I certify that neither I nor my spouse has any financial 
interest in this project.
  Requesting Member: Congressman Jerry Moran
  Bill Number: H.R. 1105
  Agency/Account: DOT, Transportation, Community, and System 
Preservation
  Legal Name of Requesting Entity: Kansas Department of Transportation
  Address of Requesting Entity: 700 S.W. Harrison Street, Topeka, KS 
66603
  Description of Project: I have secured $1,520,000 for county road 
construction and improvements for US-54. In order to provide adequate 
access to a new ethanol plant approximately 5 miles northeast of the 
City of Liberal on US-54, the Kansas Department of Transportation will 
be constructing a new, paved county road. Access to the existing 
unpaved county road off US-54 is dangerous as there are no turning 
lanes on the highway which is a High Priority Corridor and the heaviest 
traveled highway in the Liberal area. A large number of semi-trucks 
will be entering and exiting the county road which is expected to cause 
significant delays on US-54 as well as major safety concerns. In 
addition to constructing the new county road, improvements will be made 
with the US-54 intersection. I certify that neither I nor my spouse has 
any financial interest in this project.
  Requesting Member: Congressman Jerry Moran
  Bill Number: H.R. 1105
  Agency/Account: HUD, Economic Development Initiatives
  Legal Name of Requesting Entity: City of Salina
  Address of Requesting Entity: 300 West Ash St., Salina, KS 67402
  Description of Project: I have secured $118,750 for the Salina 
Workforce Housing Project. Funds will be leveraged from both public and 
private sources to reduce the infrastructure development costs that 
make it challenging to develop affordable housing. A multi-phase 
housing subdivision will be built. The first phase will be 
approximately 100 lots and be sold to the public and/or direct to 
builders. The homes will be limited in size to ensure construction of 
homes that are in short supply for current and future employees.
  This project will address two housing shortages that impact worker 
availability and economic development at once. The primary target is to 
develop homes that are appropriate for households with 110 to 130 
percent of median income in Salina. I certify that neither I nor my 
spouse has any financial interest in this project.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                            HON. MIKE ROGERS

                               of alabama

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. ROGERS of Alabama. Madam Speaker, in accordance with the 
Republican Conference standards regarding Member initiatives, I am 
submitting the following information regarding the earmark I received 
as part of H.R. 1105--Omnibus Appropriations Act, 2009.
  Requesting Member: Congressman Mike Rogers (AL)
  Bill Number: H.R. 1105
  Account: Labor, Health and Human Services bill, FIPSE account
  Legal Name of Requesting Entity: Tuskegee University, Tuskegee, 
Alabama
  Address of Requesting Entity:
  Description of Request: It is my understanding that the funding would 
be used to develop and implement curriculum and research for graduate 
level alternative energy research in the areas of solar, biofuels, 
fuels, and batteries energy.
  Requesting Member: Congressman Mike Rogers (AL)
  Bill Number: H.R. 1105
  Account: Labor, Health and Human Services bill, FIPSE account
  Legal Name of Requesting Entity: Alabama Institute for the Deaf and 
Blind
  Address of Requesting Entity: 205 East South Street Talladega, 
Alabama 35160
  Description of Request: It is my understanding that the funding would 
be used to develop and implement a collaborative employer training and 
job development program on behalf of the most significantly disabled 
citizens of Alabama. The Employer Education and Employment Development 
Program will target individuals who are deaf, blind and deaf-blind, as 
well as individuals who have developmental disabilities in conjunction 
with sensory impairment. Likewise, the Program will educate employers, 
statewide, on the benefits of hiring persons with disabilities. 
Assistive technology will also be a key dimension of the program for 
both the employer and employees--used to level the professional and 
educational playing field for persons with disabilities and enhance 
long term job performance and stability. This program will be part of a 
comprehensive worker credentialing program that will incorporate 
WorkKeys assessments and a standardized curriculum for basic workplace 
skills. WorkKeys, developed by ACT, is a national system for 
documenting and improving workplace skills. The program consists of 
three primary components: Job Profiling, Assessments and instructional 
support. Currently AIDB is the only known entity in Alabama providing 
this nationally recognized program to individuals with disabilities.
  Requesting Member: Congressman Mike Rogers (AL)

[[Page 5884]]

  Bill Number: H.R. 1105
  Account: Labor, Health and Human Services bill, ACF account
  Legal Name of Requesting Entity: Cherokee County Commission, Alabama 
Address of Requesting Entity: 100 Main Street Room 100 Centre, AL 35960
  Description of Request: It is my understanding that the funding would 
be used to provide a central location where citizens can access 
information and community services that will empower, strengthen, 
improve the quality of life, and promote self-sufficiency by striving 
to meet the physical, emotional, developmental, and personal needs of 
all family members.
  Requesting Member: Congressman Mike Rogers (AL)
  Bill Number: H.R. 1105
  Account: Commerce, Justice, Science, International Trade 
Administration account
  Legal Name of Requesting Entity: Auburn University, Auburn, Alabama
  Address of Requesting Entity: 102 Samford Hall Auburn, AL 36849
  Description of Request: It is my understanding that the funding would 
be used to acquire state-of-the-art equipment for polymer 
characterization and processing. Faculty will conduct research on the 
use of novel polymeric materials in transportation, structure, 
construction, and other applications, including nanotechnology. Focus 
will be on development of antimicrobial fibers and films for use in the 
medical industry and personal protective clothing.
  Requesting Member: Congressman Mike Rogers (AL)
  Bill Number: H.R. 1105
  Account: Commerce, Justice, Science, COPS Tech account
  Legal Name of Requesting Entity: City of Auburn, Alabama
  Address of Requesting Entity: 144 Tichenor Avenue, Suite 1 Auburn, AL 
36830
  Description of Request: It is my understanding that the funding would 
be used for a mobile data system for Auburn's Police Division. This 
consists of in-car computers and associated equipment (routers, 
wireless networking, e.g.) to equip all of our police vehicles.
  Requesting Member: Congressman Mike Rogers (AL)
  Bill Number: H.R. 1105
  Account: Commerce, Justice, Science, COPS Tech account
  Legal Name of Requesting Entity: City and County of Montgomery, 
Alabama
  Address of Requesting Entity: P. O. Box 1111, Montgomery, AL 36101 
and P. O. Box 1667, Montgomery, AL 36102
  Description of Request: It is my understanding that the funding would 
be used to implement an in-car digital video and server solution for 
City of Montgomery police vehicles and Montgomery County sheriff 
vehicles. This system will replace outdated VHS systems that are 
currently in police and sheriff vehicles and provide new installations 
in vehicles that are currently without a system. The ultimate goal is 
to have one upgradeable digital in-car system for the entire fleet and 
a central depository that will provide video evidence for courtroom 
presentation.
  Requesting Member: Congressman Mike Rogers (AL)
  Bill Number: H.R. 1105
  Account: Commerce, Justice, Science, Byrne account
  Legal Name of Requesting Entity: Auburn University, Auburn, Alabama
  Address of Requesting Entity: 102 Samford Hall Auburn, AL 36849
  Description of Request: It is my understanding that the funding would 
be used in support of a program to provide local Law Enforcement 
Organizations with state-of-the-art detector-dog team training for 
enhancing public safety. The detector-dog and handler team remain the 
most capable tool for the interdiction of explosive materials and 
illicit drugs. The capability of such teams is entirely dependent upon 
the quality of the dog, the dog's training, and instruction of its 
handler. Auburn University will develop protocols for proper training 
and conditioning of dog-handler teams, evaluate capabilities of canines 
and teams, and additionally provide trained teams for local law 
enforcement in Alabama as a model for national training standards.
  Requesting Member: Congressman Mike Rogers (AL)
  Bill Number: H.R. 1105
  Account: Commerce, Justice, Science, COPS Tech account
  Legal Name of Requesting Entity: Alabama Department of Corrections, 
Montgomery, Alabama
  Address of Requesting Entity: 301 South Ripley Street, Montgomery, 
Alabama 36104
  Description of Request: It is my understanding that the funding would 
be used for 3D virtual training for officers in high-risk maximum 
security facilities.
  Requesting Member: Congressman Mike Rogers (AL)
  Bill Number: H.R. 1105
  Account: Commerce, Justice, Science, Byrne account
  Legal Name of Requesting Entity: Alexander City, Alabama
  Address of Requesting Entity: P.O. Box 552, Alexander City, Al. 
35011-0552
  Description of Request: It is my understanding that the funding would 
be used for security upgrades for the old Courthouse building to become 
a functional Police/Judicial Courtroom/Jail facility while still 
maintaining the facility's historic integrity.
  Requesting Member: Congressman Mike Rogers (AL)
  Bill Number: H.R. 1105
  Account: Commerce, Justice, Science, Byrne account
  Legal Name of Requesting Entity: Montgomery County Commission, 
Alabama
  Address of Requesting Entity: 100 South Lawrence St., Montgomery, AL 
36104 P.O. Box 1667, Montgomery, AL 36102-1667
  Description of Request: It is my understanding that the funding would 
be used for the installation of security cameras and security card 
readers at Courthouse and Annexes, and connection of Annex facilities 
to central monitoring. Sheriff's Office vehicles will be outfitted with 
upgradeable digital in-car video system to provide video evidence for 
courtroom presentation.
  Requesting Member: Congressman Mike Rogers (AL)
  Bill Number: H.R. 1105
  Account: Financial Service, SBA account
  Legal Name of Requesting Entity: Jacksonville State University, 
Jacksonville, Alabama
  Address of Requesting Entity: Bibb Graves Hall 700 Pelham Road, North 
Jacksonville, AL 36256
  Description of Request: It is my understanding that the funding would 
be used to significantly improve the technology infrastructure that is 
used for teaching and research on the Jacksonville State University 
(JSU) main campus and remote campus locations, and for delivery of 
courses to distance education students that otherwise would not have 
access to university courses. The project will include initiatives to: 
implement improvements to the campus network infrastructure (switches, 
cabling, network appliances, fiber backbone); enhance internet 
connectivity--increase bandwidth available to students, faculty and 
staff for internet access; evaluate capabilities of the 2.5 gigahertz 
frequency channels licensed to JSU by the Federal Communications 
Commission (FCC); acquire hardware and software to develop applications 
that utilize the city-wide fiber network to implement collaborative 
initiatives with local K-12 school systems; and acquire and install 
components to expand the wireless network and internet connectivity 
throughout the campus, to remote campus locations and area schools.
  Requesting Member: Congressman Mike Rogers (AL)
  Bill Number: H.R. 1105
  Account: Agriculture Appropriations bill, Agricultural Research 
Service, Salaries and Expenses account
  Legal Name of Requesting Entity: Auburn University
  Address of Requesting Entity: 202 Samford Hall Auburn, AL 36849
  Description of Request: It is my understanding that the funding would 
be used for ongoing cooperative research between USDA, Agriculture 
Research Service (ARS) and the Department of Fisheries and Allied 
Aquacultures, Auburn University will develop genomic information. The 
virulence factors and genomic dissection of resistance genes for 
various diseases are very important for the resolution of disease 
problems. The development of a genomic map will provide researchers 
with a road map to development of more disease resistant catfish and 
vaccines that are more effective. The role of Auburn University will be 
to provide assistance, conduct laboratory and field tests at its 
catfish ponds and farms in Alabama. Auburn University has extensive 
catfish ponds and expertise in working with Alabama catfish producers 
on fish health problems.
  Requesting Member: Congressman Mike Rogers (AL)
  Bill Number: H.R. 1105
  Account: Agriculture Appropriations bill, Agricultural Research 
Service, Salaries and Expenses account
  Legal Name of Requesting Entity: Auburn University
  Address of Requesting Entity: 202 Samford Hall Auburn, AL 36849
  Description of Request: It is my understanding that the funding would 
be used for an ongoing statewide initiative that is coordinated

[[Page 5885]]

by USDA-ARS and the funds are shared with ARS, Auburn University 
(Agronomy and Soils Department & Plant Pathology), Tuskegee University 
and Alabama A&M. The funds to AU, Tuskegee, and A&M support cooperative 
projects working on integration of conservation tillage, precision 
agriculture and management of poultry litter. The AU funding is also 
used to maintain a state of the art soil testing lab and web based 
access information system for producers and homeowners throughout 
Alabama. Increased request for this year is to expand reniform nematode 
research throughout the state, develop more intense mature management 
research and expand research on the development of alternative 
substrates for nursery crop production and biofuel production. Results 
and future plans are made available to commodity groups and discussed 
at formal commodity meetings each fall.
  Requesting Member: Congressman Mike Rogers (AL)
  Bill Number: H.R. 1105
  Account: Agriculture Appropriations bill, Agricultural Research 
Service, Salaries and Expenses account
  Legal Name of Requesting Entity: Auburn University
  Address of Requesting Entity: 202 Samford Hall Auburn, AL 36849
  Description of Request: It is my understanding that the funding would 
be used for ongoing cooperative research between USDA, Agriculture 
Research Service (ARS) and the Department of Fisheries and Allied 
Aquacultures, Auburn University will develop multivalent vaccines 
against three major concurrent diseases of catfish. Vaccine 
formulations will be developed and laboratory and field tested for the 
absence of inference between the different vaccine components, and to 
be safe and effective against all three diseases. The role of Auburn 
University will be to provide assistance in vaccine formulation, 
conduct laboratory and field tests at its catfish ponds and farms in 
Alabama. Auburn University has extensive catfish ponds and expertise in 
working with Alabama catfish producers on fish health problems and 
vaccination.
  Requesting Member: Congressman Mike Rogers (AL)
  Bill Number: H.R. 1105
  Account: Agriculture Appropriations bill, Cooperative State Research 
Education and Extension Service, Research and education account
  Legal Name of Requesting Entity: Auburn University
  Address of Requesting Entity: 202 Samford Hall Auburn, AL 36849
  Description of Request: It is my understanding that the funding would 
be used for the Auburn University Research Center on Detection and Food 
Safety. The ARC vision is to improve the safety of the U.S. food system 
by developing the science and engineering required to rapidly identify, 
pinpoint and characterize, through an integration of sensor and 
information technology, problems that arise in the food supply chain.
  Requesting Member: Congressman Mike Rogers (AL)
  Bill Number: H.R. 1105
  Account: Agriculture Appropriations bill, Cooperative State Research 
Education and Extension Service, Research and education account
  Legal Name of Requesting Entity: Auburn University
  Address of Requesting Entity: 202 Samford Hall Auburn, AL 36849
  Description of Request: It is my understanding that the funding would 
be used in developing geospatial tools to allow more site specific 
management of forests, agriculture, and natural resources. This project 
utilizes geospatial technologies (GPS and GIS) developed by the 
military and aerospace industries to improve the profitability and 
efficiency of the forest products industry, agriculture, and other 
natural resource based enterprises. The project will build on ongoing 
work in Precision Agriculture.
  Requesting Member: Congressman Mike Rogers (AL)
  Bill Number: H.R. 1105
  Account: Agriculture Appropriations bill, Cooperative State Research 
Education and Extension Service, Research and education account
  Legal Name of Requesting Entity: Auburn University
  Address of Requesting Entity: 202 Samford Hall Auburn, AL 36849
  Description of Request: It is my understanding that the funding would 
be used for the Tri-State Peanut Research to develop data needed to 
accomplish the desired impacts, field trials were established in 
Alabama, Florida and Georgia. Each location conducts similar trials, 
but decisions concerning best management practices vary with soil types 
and required baseline data is collected from each location. Six major 
research sites have been established, two at Auburn's Wiregrass 
Research Center in Headland, Alabama. One is a farm scale 52 acre 
irrigated field and the other is a small replicated experimental site. 
At the University of Georgia's Coastal Plain Experiment Station, 
Tifton, a 12 acre irrigated experimental plot and a 5 acre experimental 
site were established. Three sites were established in Florida, two at 
the North Florida Research and Education Center--a 12 acre site in 
Quincy and a 150 acre site in Marianna. Another 120 acre site was 
established on a grower's field.
  Requesting Member: Congressman Mike Rogers  (AL)
  Bill Number: H.R. 1105
  Account: Energy and Water Appropriations bill, Corps of Engineers, 
section 206 account
  Legal Name of Requesting Entity: City of Phenix City, AL
  Address of Requesting Entity: 601 12th Street Phenix City, AL 36867
  Description of Request: It is my understanding that the funding would 
be used to fund the Fall Line Ecosystem Restoration Project to remove 
two small and underutilized dams to restore fish habitat.
  Requesting Member: Congressman Mike Rogers  (AL)
  Bill Number: H.R. 1105
  Account: Energy and Water Appropriations bill, Department of Energy, 
EERE biomass and biorefinery systems R&D account
  Legal Name of Requesting Entity: Auburn University
  Address of Requesting Entity: 202 Samford Hall Auburn, AL 36849
  Description of Request: It is my understanding that the funding would 
be used by Auburn scientists and engineers to perform integrated 
investigations of the entire biomass to an energy processing system 
using thermochemical approaches. Agricultural and forest researchers 
will optimize the biomass supply chain by testing new methods for 
harvesting, transporting, and processing forest and agricultural 
biomass in preparation for gasification. Scientists and engineers will 
also investigate gasification processes to determine optimal 
gasification configurations and the corresponding operating parameters. 
Another component of this research program will focus on the 
development of cost effective hot gas cleanup technologies necessary 
for production of high quality synthesis gases suitable for power 
generation and liquid fuel production.
  Requesting Member: Congressman Mike Rogers  (AL)
  Bill Number: H.R. 1105
  Account: Interior and Environment Appropriations bill, National Park 
Service, Save America's Treasures account
  Legal Name of Requesting Entity: Jackson-Community house Historic 
Foundation
  Address of Requesting Entity: 409 South Union Street, Montgomery, AL 
36104
  Description of Request: It is my understanding that the funding would 
be used to complete the third phase of the restoration project of the 
155 year old Jackson-Community house including landscaping, lighting, 
driveways, plants, and window treatments.
  Requesting Member: Congressman Mike Rogers  (AL)
  Bill Number: H.R. 1105
  Account: Interior and Environment Appropriations bill, Environmental 
Protection Agency, STAG water and wastewater infrastructure project 
account
  Legal Name of Requesting Entity: City of Alexander City, AL
  Address of Requesting Entity: P.O. Box 552, Alexander City, AL 35011
  Description of Request: It is my understanding that the funding would 
be used to provide connector transmission water mains to provide 
potable water to rapidly developing lakefront areas in south Tallapoosa 
and north Elmore counties that are currently unserved or underserved.
  Requesting Member: Congressman Mike Rogers  (AL)
  Bill Number: H.R. 1105
  Account: Interior and Environment Appropriations bill, Environmental 
Protection Agency, STAG water and wastewater infrastructure project 
account
  Legal Name of Requesting Entity: City of Opelika, AL
  Address of Requesting Entity: P.O. Box 390, Opelika, AL 36803
  Description of Request: It is my understanding that the funding would 
be used for construction of a package treatment plant to serve existing 
and future industrial development. This facility will provide the 
needed sewer capabilities at the Industrial Park and other areas around 
1-85. This will increase overall capacity in the City and ensure that 
new industry has the infrastructure it needs immediately upon choosing 
the Opelika Park.
  Requesting Member: Congressman Mike Rogers  (AL)

[[Page 5886]]

  Bill Number: H.R. 1105
  Account: Transportation, HUD Appropriations bill, Federal Highway 
Administration, Transportation & Community & System Preservation 
account
  Legal Name of Requesting Entity: Jacksonville State University
  Address of Requesting Entity: Bibb Graves Hall 700 Pelham Rd, North, 
Jacksonville, AL 36256
  Description of Request: It is my understanding that the funding will 
be used for design and construction of a pedestrian bridge on HWY 21. 
Highway 21 is a major north/south corridor with excessive vehicle and 
truck traffic coupled with student, faculty and other local traffic. 
Pedestrian safety is paramount on a University campus. The design and 
construction of a pedestrian overpass system across State Highway 21 to 
improve and ensure student safety is an integral part of Jacksonville 
State University's Master Campus Plan that includes a safe pedestrian 
student pathway artery linking major campus destinations. The design 
and construction of a pedestrian overpass system will greatly protect 
the students of Jacksonville State University and improve traffic flow 
through the city of Jacksonville. Funding would be spent in two phases: 
1) on design and 2) actual construction of the overpass system.
  Requesting Member: Congressman Mike Rogers  (AL)
  Bill Number: H.R. 1105
  Account: Transportation, HUD Appropriations bill, Housing and Urban 
Development, Economic Development Initiatives account
  Legal Name of Requesting Entity: Pike Road, AL
  Address of Requesting Entity: 4902 Old Pike Road, Pike Road, AL 36064
  Description of Request: It is my understanding that the funding will 
be used for the Town of Pike Road to conduct economic, community, 
transportation, and infrastructure planning, including a study on light 
rail using existing rail lines between Pike Road and Gunter and Maxwell 
Air Force bases. The Town of Pike Road has developed a four-part 
strategic outline that its citizens endorsed at a town hall meeting. 
The plan calls for: (a) visionary community and economic planning; (b) 
excellence in public education; (c) recreation that fits the natural 
resources of the area; and (d) public safety and services that maintain 
a high quality of life.
  Requesting Member: Congressman Mike Rogers  (AL)
  Bill Number: H.R. 1105
  Account: Transportation, HUD Appropriations bill, Housing and Urban 
Development, Economic Development Initiatives accounts
  Legal Name of Requesting Entity: Valley, Alabama
  Address of Requesting Entity: P.0. 186 Valley, Alabama 36854
  Description of Request: It is my understanding that the funding would 
be used for instillation of elevator to increase access of the 
Sportsplex to the elderly and disabled population.
  Requesting Member: Congressman Mike Rogers  (AL)
  Bill Number: H.R. 1105
  Account: Transportation, HUD Appropriations bill, Federal Highway 
Administration, Interstate Maintenance Discretionary account
  Legal Name of Requesting Entity: City of Auburn, AL
  Address of Requesting Entity: 144 Tichenor Avenue, Suite 1, Auburn AL 
36803
  Description of Request: It is my understanding that the funding would 
be used for the development of a 430-acre Auburn Technology Park West, 
including land acquisition and infrastructure construction, both on-
site and off-site. Specifically, federal funding is requested for the 
construction of an extension of West Veterans Boulevard and part of the 
Outer Loop road to connect with the Technology Park. This road 
connection would provide a western connection between the City, the 
Technology Park and a new 1-85 interchange currently being designed. To 
this end, the City has provided $11,300,000 to fund the development of 
the West Technology Park, but we still need additional resources to 
provide the road connectivity needed for access between the Technology 
Park, the City, and the interstate.
  Requesting Member: Congressman Mike Rogers  (AL)
  Bill Number: H.R. 1105
  Account: Transportation, HUD Appropriations bill, Federal Highway 
Administration, Transportation & Community & System Preservation 
account
  Legal Name of Requesting Entity: City of Opelika, AL
  Address of Requesting Entity: P.O. Box 390, Opelika, AL 36803
  Description of Request: It is my understanding that the funding would 
be used to plan and design a perimeter or northern transportation 
corridor in Opelika. A northern perimeter is needed due to tremendous 
population growth primarily in the northern sector of Opelika resulting 
from strong economic growth in every sector-residential, commercial, 
and industrial. The corridor would ultimately connect US Highway 280 in 
northeast Opelika with Interstate 85 in northwest Opelika improving 
highway safety, reducing congestion on inner city streets, and connect 
new population centers with the growth of employment opportunities in 
the Northeast Industrial Park.
  Requesting Member: Congressman Mike Rogers  (AL)
  Bill Number: H.R. 1105
  Account: Transportation, HUD Appropriations bill, Federal Aviation 
Administration, Facilities and Equipment account
  Legal Name of Requesting Entity: Montgomery Airport Authority
  Address of Requesting Entity: 4445 Selma Highway, Montgomery, AL 
36108
  Description of Request: It is my understanding that the funding would 
be used to preserve valuable airport infrastructure. It consists of 
rehabilitation of the pavement structure of the airport's primary 
runway, Runway 10/28, whose condition is beginning to deteriorate. This 
runway is showing signs of advanced deterioration at this time and will 
not last beyond another year or two without major rehabilitation. Since 
airport runways do not receive the level of activity that keeps 
roadways fresh by constantly flexing the asphalt, they tend to oxidize 
and crack over a period of 10-12 years. This runway has not been 
rehabilitated since 1996.

                          ____________________




             REMEMBERING THE LIFE OF JORDI REYES-MONTBLANC

                                 ______
                                 

                         HON. CHARLES B. RANGEL

                              of new york

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. RANGEL. Madam Speaker, I rise with great sadness as I pay tribute 
to my dear friend Jordi Reyes-Montblanc 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 as an outstanding advocate for the West Harlem 
community, fought strongly and passionately for his ideals regardless 
of how popular the issue.
  Jordi was a larger-than-life figure in the West Harlem community. For 
decades he was one of the area's most energetic activists, fighting for 
safe streets and cleaner parks, and especially championing the cause of 
affordable housing and homeownership for New Yorkers of modest means. 
Jordi delighted in his many contradictions. He was staunchly proud of 
his Cuban heritage. He was a fierce opponent of Communism who 
nonetheless fought for not-so-Capitalistic affordable housing policies.
  Jordi's story was the stuff of novels. He fled his native Cuba as a 
young adult in 1958, escaping the winds of communism that eventually 
swept the island. He joined the U.S. Marines, where he engaged in 
covert operations in Southeast Asia. Though, he never spoke much about 
his past to those outside of his closest circle of friends. He was an 
avid hunter who often demonstrating his trademark frankness.
  Jordi was a pioneer in the movement to allow low- and middle-income 
families to purchase their own apartments through the city's Housing 
Development Fund Corporation program, and in 1993 he lead the 
conversion of his own building to a limited-equity co-op.
  This activism on housing issues secured his appointment to Community 
Board 9 in the mid-1990s. It was during that period when he developed a 
close bond to Councilman Stan Michels, another significant local leader 
who passed away late last year. As Chair of Community Board 9, Jordi 
was fearless in speaking his mind on local issues, regardless of who he 
might offend. That quality could have earned him nothing but detractors 
on the Board, but instead the reverse happened: he was almost 
universally respected for his even-handedness and devotion to the 
community.
  Columbia University's plan to expand to a new campus in 
Manhattanville defined Jordi's tenure as Chair of the local community 
board. While maintaining that he wasn't opposed to the expansion per 
se, he became a vocal critic of the displacement of local residents and 
businesses which would result from the specific plan Columbia was 
advancing. Jordi thrusted his community board into the center of the 
fight on this issue, and he become a fixture in the city's media as an 
outspoken critic of the expansion.
  In his blog you can still find his thoughts on what he felt he was 
about. He states, ``I don't lead, I don't follow and I do the things my

[[Page 5887]]

heart and conscience tells me are right for me to do, any one is 
welcome to stand shoulder-to-shoulder with me freely.''
  Jordi Reyes-Montblanc 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. 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 Jordi by remembering 
that he exemplified greatness in every way.

                          ____________________




               JUDGE TOM ELLINGTON AND ``WE THE PEOPLE''

                                 ______
                                 

                         HON. DAVID G. REICHERT

                             of washington

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. REICHERT. Madam Speaker, I rise today in recognition of Municipal 
Court Judge Thomas Ellington in Washington State who received the 
annual William Nevins Award from the Washington Judges' Foundation for 
working tirelessly to educate youth about the judicial branch of 
government. Judge Ellington has spent the entirety of his judicial 
career working on behalf of ``We the People,'' a high school program 
that competes on the knowledge of the U.S. Constitution and what role 
students play as citizens.
  For more than two decades, dating back to his law school days, Judge 
Ellington has worked to help students understand how to properly engage 
in democracy and recognize the Constitution as an incredibly 
influential historic document.
  Not only has Judge Ellington played a `facilitator' role for the ``We 
the People'' program, but he improved it with innovative ideas: instead 
of heading into individual classrooms, Judge Ellington brought teachers 
and students in Washington State to him in the form of voluntary 
workshops. Whether serving as ``We the People'' advisory board 
president or simply volunteering his time and knowledge, Judge 
Ellington employs the heart of a servant.
  Such a high and prestigious honor such as the Williams Nevins Award 
must be awarded to someone in the legal profession who goes above and 
beyond the call of duty; Judge Thomas Ellington is that person. I want 
to congratulate for the recognition, thank him for his service to the 
State of Washington and the Nation and encourage him to continue on his 
path of leadership and selfless service.

                          ____________________




            CONGRATULATIONS TO REPRESENTATIVE DOUG BEREUTER

                                 ______
                                 

                           HON. ADRIAN SMITH

                              of nebraska

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. SMITH of Nebraska. Madam Speaker, I rise today to offer my 
warmest congratulations to former Representative Doug Bereuter for 
receiving the 2009 Trailblazer Award from the NEBRASKAland Foundation.
  Each year, the NEBRASKAland Foundation celebrates Nebraska's entrance 
into the union. During this event, the Foundation honors distinguished 
Nebraskans for the impressive contributions to the State of Nebraska.
  I can think of no one who sums up the spirit of this award better 
than Representative Bereuter. His 26 years in Congress is a testament 
to his long-standing dedication to all Nebraskans. When I look at 
everything he accomplished during his tenure here in Congress, I am 
both humbled and inspired. He has truly set a tremendous example for 
others.
  Once again, I offer my congratulations to Representative Bereuter and 
I thank him for his public service, his leadership, and his friendship.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                           HON. HAROLD ROGERS

                              of kentucky

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. ROGERS of Kentucky. Madam Speaker, pursuant to the House 
Republican standards on congressionally-directed funding, I am 
submitting the following information for publication in the 
Congressional Record regarding funding included in H.R. 1105, the 
Omnibus Appropriations Act of 2009.
  Requesting Member: Congressman Harold Rogers
  Bill Number: H.R. 1105
  Account: Department of Justice, Office of Justice Programs--Byrne 
Discretionary Grants
  Legal Name of Recipient: Operation UNITE
  Address of Recipient: 2292 South Highway 27, Somerset, KY 42501
  Description of Request: Provide $4,450,000 in directed funding to 
Operation UNITE, a comprehensive program to combat the scourge of drug 
abuse in southern and eastern Kentucky by coordinating federal, state 
and local efforts in law enforcement, treatment and education. 
Operation UNITE has arrested 2,939 drug dealers and removed over $8.4 
million worth of drugs off the street, including 83,426 prescription 
pills, 450 pounds of marijuana, 14 pounds of meth and 20 pounds of 
cocaine. Over 1,890 non-violent offenders have participated in UNITE-
funded drug courts, and more than 1,360 individuals grappling with 
addiction have received vouchers for treatment. Funding in FY09 will be 
used to continue vital enforcement activities, effective treatment 
programs partnered with local governments, community organizations and 
faith-based groups, as well as expand an intensive education program to 
warn school children of the dangers of drug abuse.
  Requesting Member: Congressman Harold Rogers
  Bill Number: H.R. 1105
  Account: NOAA--Operations, Research and Facilities
  Legal Name of Recipient: Eastern Kentucky PRIDE, Inc.
  Address of Recipient: 2292 South Highway 27, Somerset, KY 42501
  Description of Request: Provide $1,000,000 in directed funding for 
Eastern Kentucky PRIDE, Inc., the first initiative specifically created 
to solve severe environmental degradation problems in southern and 
eastern Kentucky. PRIDE, a non-profit organization, unites citizens 
with the resources of federal, state and local governments in order to 
improve water quality in the region, clean up illegal trash dumps and 
other solid waste, and promote environmental awareness and education to 
break the cycle of pollution. To date, PRIDE has recruited more than 
262,000 volunteers, provided 28,089 homes with access to sanitary 
wastewater treatment, and cleaned up 131,408 tons of trash.
  Requesting Member: Congressman Harold Rogers
  Bill Number: H.R. 1105
  Account: Department of Justice--COPS Law Enforcement Technology
  Legal Name of Recipient: Pulaski County Sheriff's Department
  Address of Recipient: P.O. Box 752, Somerset, KY 42502
  Description of Request: Provide $50,000 in directed funding for the 
Pulaski County Sheriff's Department, which currently owns a 1972 OH58 
Bell 4-seater helicopter for law enforcement and other emergency 
service requests within a 100-mile radius in southern and eastern 
Kentucky. The coverage area requires sound communications operating 
equipment with a service area that includes mountainous terrain, 
expansive Lake Cumberland and the Daniel Boone National Forest. The 
helicopter's land-based on-board communications equipment is outdated 
and often fails to function properly, creating problems during search 
and rescue, law enforcement activities and surveillance. This funding 
will support equipment upgrades that will eliminate existing 
communications barriers between the helicopter and local/emergency 
service organizations and ensure timely and effective response to law 
enforcement and medical emergencies in the region.
  Requesting Member: Congressman Harold Rogers
  Bill Number: H.R. 1105
  Account: Department of Justice, Office of Justice Programs--Byrne 
Discretionary Grants
  Legal Name of Recipient: National Crime Prevention Council
  Address of Recipient: 2345 Crystal Drive, Suite 500, Arlington, VA 
22202
  Description of Request: Provide directed funding of $500,000 for the 
National Crime Prevention Council (NCPC) to continue valuable crime 
prevention activities which directly benefit the Kentucky Crime 
Prevention Coalition based in Erlanger, Ky. Authorized under Section 
626 of P.L. 109-248, NCPC's Crime Prevention Campaign aims to respond 
to traditional crime, emerging crime trends and changing crime 
prevention needs in communities around the country, including 
southeastern Kentucky. NCPC works to help people keep themselves, their 
families and their communities safe from crime by producing tools that 
communities can use to learn crime prevention strategies, engage 
community members, and coordinate with local law enforcement agencies. 
FY09 funding will be utilized to continue these important activities.
  Requesting Member: Congressman Harold Rogers

[[Page 5888]]

  Bill Number: H.R. 1105
  Account: Department of Justice, Office of Justice Programs--Byrne 
Discretionary Grants
  Legal Name of Recipient: SEARCH, National Consortium for Justice 
Information Statistics
  Address of Recipient: 7311 Greenhaven Drive, Suite 145, Sacramento, 
CA 95831
  Description of Request: Provide directed funding of $500,000 for the 
National Consortium for Justice Information Statistics, which is 
authorized through P.L. 109-162. SEARCH's National Training and 
Technical Assistance Program is the only no-cost service for small- and 
medium-sized criminal justice agencies, providing assistance with: 1) 
enhancing and upgrading information systems; 2) building integrated 
information systems; and 3) ensuring compatibility between local 
systems with state, regional and national systems. In Kentucky, public 
safety agencies have participated in a specialized SEARCH training 
course that provides practical, hands-on instruction in cybercrime 
investigation techniques, as well as utilized SEARCH's technical, 
computer forensics and criminal history improvement assistance.
  Requesting Member: Congressman Harold Rogers
  Bill Number: H.R. 1105
  Account: U.S. Army Corps of Engineers--Construction, General (Section 
202)
  Legal Name of Recipient: U.S. Army Corps of Engineers--Huntington & 
Nashville Districts
  Address of Recipient: 502 Eighth Street, Huntington, WV 25701 P.O. 
Box 1070, Nashville, TN 37202
  Description of Request: As authorized in Section 202 of P.L. 96-367, 
as amended, provide directed funding of $9,000,000 for the U.S. Army 
Corps of Engineers to continue structural and non-structural flood 
damage reduction efforts in several flood-prone communities in southern 
and eastern Kentucky. These important flood damage reduction projects 
mitigate hundreds of millions of dollars in potential damages. Without 
Section 202 projects, taxpayers in Appalachian Kentucky would be 
burdened by an additional $847 million in flood insurance.
  Requesting Member: Congressman Harold Rogers
  Bill Number: H.R. 1105
  Account: U.S. Army Corps of Engineers--Construction, General (Section 
531)
  Legal Name of Recipient: U.S. Army Corps of Engineers--Huntington 
District
  Address of Recipient: 502 Eighth Street, Huntington, WV 25701
  Description of Request: As authorized in Section 531 of P.L. 104-303, 
provide $2,000,000 in directed funding for the U.S. Army Corps of 
Engineers to execute its environmental infrastructure program in 
southern and eastern Kentucky. The Environmental Protection Agency 
estimates this region has over $300 million in unmet infrastructure 
needs. The U.S. Army Corps of Engineers therefore works closely with 
regional non-profits to determine priority water quality projects. Over 
50 innovative regional projects for sewer and water improvements are 
currently underway or have been completed. Through this program, the 
U.S. Army Corps of Engineers has helped serve 20,861 homes with sewer 
improvement projects. FY09 funding for Section 531 projects will 
continue these important efforts.
  Requesting Member: Congressman Harold Rogers
  Bill Number: H.R. 1105
  Account: U.S. Army Corps of Engineers--Construction, General
  Legal Name of Recipient: U.S. Army Corps of Engineers--Nashville 
District
  Address of Recipient: P.O. Box 1070, Nashville, TN 37202
  Description of Request: Provide $54,547,000 in directed funding for 
continued design, preparation and construction to stabilize Wolf Creek 
Dam, which impounds Lake Cumberland. The lake mitigates possible 
flooding to several Kentucky and Tennessee communities, and it is 
estimated that Wolf Creek Dam has prevented more than $1.3 billion in 
damages and prevented major loss of life from flood events. The dam 
also supports a $150 million tourism industry in the region. A $341 
million contract for the construction of a 4200-foot concrete barrier 
wall to eliminate seepage at Wolf Creek Dam was let in July 2008. The 
project is among the Corps' top dam safety projects in the nation.
  Requesting Member: Congressman Harold Rogers
  Bill Number: H.R. 1105
  Account: U.S. Army Corps of Engineers--Operations & Maintenance
  Legal Name of Recipient: U.S. Army Corps of Engineers--Nashville 
District--Lake Cumberland
  Address of Recipient: P.O. Box 1070, Nashville, TN 37202
  Description of Request: Provide directed funding of $314,000 for the 
U.S. Army Corps of Engineers to perform needed improvements to degraded 
Lake Cumberland structures and facilities. These operation and 
maintenance funds may be used for needed refurbishments around the 
lake.
  Requesting Member: Congressman Harold Rogers
  Bill Number: H.R. 1105
  Account: Department of Energy--Energy Efficiency and Renewable Energy 
(EERE)
  Legal Name of Recipient: Consortium for Plant Biotechnology Research
  Address of Recipient: 100 Sylvan Drive, Suite 210, St. Simons Island, 
GA 31522
  Description of Request: Provide directed funding of $3,805,000 for 
the Consortium of Plant Biotechnology Research (CPBR), a non-profit 
organization whose membership includes 43 leading U.S. research 
universities and 39 agribusiness companies and trade associations. 
92.6% of funding is utilized for researching plant biotechnologies that 
will improve the competitiveness of U.S. agriculture by developing 
technologies to lessen the country's dependence on foreign energy 
supplies. Federal funds are matched 130% on average. The University of 
Kentucky is a CPBR member.
  Requesting Member: Congressman Harold Rogers
  Bill Number: H.R. 1105
  Account: Department of Energy--Fossil Fuels Research and Development
  Legal Name of Recipient: The University of Kentucky--Center for 
Applied Energy Research
  Address of Recipient: 2540 Research Park Drive, Lexington, KY 40511
  Description of Request: Provide directed funding of $1,379,675 for 
the University of Kentucky's Center for Applied Energy Research (CAER) 
to continue important research regarding the development of strategic 
coal-based liquid transportation fuels. Rising petroleum prices, 
national security concerns and limited domestic oil reserves require a 
serious look at alternative sources of transportation fuels. With this 
funding, CAER will continue its work towards the production of coal-
derived liquid transportation fuels (diesel, aviation fuel, etc.).
  Requesting Member: Congressman Harold Rogers
  Bill Number: H.R. 1105
  Account: Department of Energy--Science
  Legal Name of Recipient: The University of the Cumberlands
  Address of Recipient: 6191 College Station Drive, Williamsburg, KY 
40769
  Description of Request: Provide directed funding of $951,500 to the 
University of the Cumberlands for the development of a science and 
technology complex. The University currently has 394 students majoring 
or minoring in mathematics, physics, biology, chemistry, pre-med, pre-
pharmacy, pre-dentistry, pre-optometry, pre-physical therapy and pre-
veterinary medicine. The facility will provide students with 
technological training in the medical field, providing increased access 
to healthcare expertise in an area of southern and eastern Kentucky 
critically underserved by the medical community. The funding will be 
used to expand the existing facility to accommodate increased demands.
  Requesting Member: Congressman Harold Rogers
  Bill Number: H.R. 1105
  Account: Department of the Interior--National Park Service--Land 
Acquisition
  Legal Name of Recipient: Cumberland Gap National Historic Park
  Address of Recipient: US 25E S, P.O. Box 1848, Middlesboro, KY 40965
  Description of Request: Provide directed funding of $1,150,000 for 
Cumberland Gap National Historic Park. P.L. 108-07 gave the National 
Park Service authority to acquire the historic and pristine Fern Lake 
and surrounding 4500 acre watershed incorporating this area into 
Cumberland Gap National Historic Park. Fern Lake will eventually serve 
as a clean and reliable water source for the city of Middlesboro, 
Kentucky as well as enhance recreational opportunities at Cumberland 
Gap. Phase 1 of the project has been completed, and Phase 2 
acquisition, funded in the FY08 Omnibus Appropriations Act, is 
underway.
  Requesting Member: Congressman Harold Rogers
  Bill Number: H.R. 1105
  Account: Environmental Protection Agency--Science & Technology
  Legal Name of Recipient: Consortium for Plant Biotechnology Research
  Address of Recipient: 100 Sylvan Drive, Suite 210, St. Simons Island, 
GA 31522
  Description of Request: Provide directed funding of $750,000 for the 
Consortium of Plant Biotechnology Research, a non-profit organization 
whose membership includes 43

[[Page 5889]]

leading U.S. research universities and 39 agribusiness companies and 
trade associations. 92.6% of funding is utilized for researching plant 
biotechnologies that will improve the competitiveness of U.S. 
agriculture by developing technologies to lessen the country's 
dependence on foreign energy supplies. Federal funds are matched 130% 
on average. The University of Kentucky is a CPBR member.
  Requesting Member: Congressman Harold Rogers
  Bill Number: H.R. 1105
  Account: Environmental Protection Agency--Environmental Programs and 
Management--National Programs
  Legal Name of Recipient: Rural Communities Assistance Partnership
  Address of Recipient: 1522 K Street, NW Suite 400, Washington DC 
20005
  Description of Request: Provide directed funding of $2,500,000 for 
the Rural Communities Assistance Partnership with the EPA. RCAP service 
providers work with federal and state agencies to help small 
communities address their drinking water and wastewater treatment 
concerns. While small, rural communities are home to less than 25% of 
the nation's population, they account for over 85% of the nation's 
community water systems. Problems with EPA clean water compliance may 
arise when small communities lack the oversight capacity and technical 
expertise to deal with the complexities of maintaining a safe and clean 
supply of water, and communities with fewer than 10,000 residents are 
more than twice as likely to violate drinking water standards as are 
larger systems. Each year, the RCAP network delivers services to more 
than 2,000 rural communities, 90% of which have populations of 2,500 or 
fewer, while leveraging an average of $25 in additional funding for 
every $1 in federal investment. FY09 funding will be equally divided 
between technical assistance activities related to drinking water and 
clean water compliance.
  Requesting Member: Congressman Harold Rogers
  Bill Number: H.R. 1105
  Account: Environmental Protection Agency--STAG Water & Wastewater 
Infrastructure
  Legal Name of Recipient: Breathitt County Water District
  Address of Recipient: 1137 Main Street, Suite 305, Jackson, KY 41339
  Description of Request: Provide directed funding of $500,000 for the 
Breathitt County Water District to extend water service to 
approximately 380 new customers, including the NOAA Weather Station in 
Jackson, KY. Additional funds are being provided through the Kentucky 
coal severance program and the U.S.D.A. Rural Development program. This 
project is vital to providing public water service in an area of our 
nation suffering from a lack of safe, potable water. The NOAA Weather 
Service Office in Jackson currently does not have access to safe 
drinking water and must rely on bottled water to meet daily needs.
  Requesting Member: Congressman Harold Rogers
  Bill Number: H.R. 1105
  Account: U.S. Forest Service--Forest Systems
  Legal Name of Recipient: Daniel Boone National Forest
  Address of Recipient: 1700 Bypass Road, Winchester, KY 40391
  Description of Request: Provide directed funding of $886,000 for law 
enforcement activities within the Daniel Boone National Forest. Drug 
trafficking and production in eastern Kentucky continues to plague the 
development of our communities, discourage investment and harm our 
young people. Last year, law enforcement officials eradicated 1,365 
plots in the Daniel Boone National Forest, totaling 104,684 marijuana 
plants. This funding is vital to continuing these important efforts.
  Requesting Member: Congressman Harold Rogers
  Bill Number: H.R. 1105
  Account: Department of Transportation--Buses and Bus Facilities
  Legal Name of Recipient: LKLP Community Action Council--Hazard, KY.
  Address of Recipient: 398 Roy Campbell Drive, Hazard, KY 41701
  Description of Request: Through the Kentucky Transportation Cabinet's 
Office of Transportation Delivery, provide funding of $237,500 for 
planning and construction of an intermodal transit facility in Hazard, 
KY. The facility will eventually assist the Leslie, Knott, Letcher, and 
Pike (LKLP) counties Community Action Council in delivering federal and 
state assistance services to underserved populations in these counties. 
LKLP operates a number of federal Public Transportation programs 
including Section 5311, Section 5310, Section 5316 and Section 5317.
  Requesting Member: Congressman Harold Rogers
  Bill Number: H.R. 1105
  Account: Department of Transportation--FAA--Facilities & Equipment
  Legal Name of Recipient: Hazard-Perry County Airport Board--Wendell 
H. Ford Regional Airport
  Address of Recipient: P.O. Box 420, Hazard, KY 41701
  Description of Request: Provides directed funding of $142,500 for an 
Instrument Landing System (ILS) at Wendell H. Ford Regional Airport in 
Hazard, KY for precision azimuth and elevation guidance signals to 
aircraft. For the 12-month period ending September 21, 2006, the 
airport had 10,200 aircraft operations, an average of 27 per day: 85% 
general aviation, 14% air taxi and 2% military. This project will make 
a more secure environment for military and civilian operations and 
provide safer landings at this regional airport.
  Requesting Member: Congressman Harold Rogers
  Bill Number: H.R. 1105
  Account: Department of Transportation--Interstate Maintenance--
Discretionary
  Legal Name of Recipient: Kentucky Transportation Cabinet
  Address of Recipient: 200 Mero Street, Frankfort, KY 40622
  Description of Request: Provide directed funding of $712,500 for the 
widening of Interstate 75 in Rockcastle County, KY Interstate 75 is a 
crucial part of the Interstate Highway System. Widening of I-75 will 
continue important ongoing work to address traffic congestion and 
safety issues along this important national corridor of highway. 
Several stretches of I-75 have been widened to six lanes in recent 
years. Long term state highway plans are to widen all of I-75 in 
Kentucky to at least six lanes.
  Requesting Member: Congressman Harold Rogers
  Bill Number: H.R. 1105
  Account: Department of Transportation--Federal Highway 
Administration--Surface Transportation Priorities
  Legal Name of Recipient: Morehead Rowan County Economic Development 
Council
  Address of Recipient: 100 Lake Park Drive, Morehead, KY 40351
  Description of Request: Provide directed funding of $902,500 for the 
Morehead/Rowan County Airport Access Road. This access road project 
provides a critically needed road to a newly constructed regional 
airport. The access road, approximately 2 miles long, provides access 
to both the airport and a new 65-acre business park. The project will 
provide 35 full-time jobs and $3.7 million in economic impact to the 
county.
  Requesting Member: Congressman Harold Rogers
  Bill Number: H.R. 1105
  Account: Department of Housing & Urban Development--Economic 
Development Initiatives
  Legal Name of Recipient: Kentucky Communities Economic Opportunity 
Council (Gray, KY.)
  Address of Recipient: 5448 US 25 East, Gray, KY 40734
  Description of Request: Provide directed funding of $285,000 to the 
Kentucky Communities Economic Opportunity Council, a non-profit 
community agency that has been serving the residents of southeastern 
Kentucky since 1964. This project involves the demolition of the vacant 
and seriously dilapidated Southeastern Kentucky Baptist Hospital 
building located in Corbin, KY. and provides for a brownsfield-style 
re-development of a multi-functional public-private housing development 
for low- to middle-income residents in the City of Corbin. FY09 funding 
will be used for the architectural, engineering and initial site 
development work that is required prior to the housing unit 
construction. The Commonwealth of Kentucky and the Appalachian Regional 
Commission have provided $660,000 that will be used to remove all 
hazardous materials from the old hospital facility and demolish the 
facility once those materials have been removed. The new facility will 
have 75 units of mixed-style affordable housing.
  Requesting Member: Congressman Harold Rogers
  Bill Number: H.R. 1105
  Account: Department of Housing & Urban Development--Economic 
Development Initiatives
  Legal Name of Recipient: The University of the Cumberlands
  Address of Recipient: 6191 College Station Drive, Williamsburg, KY 
40769
  Description of Request: Provide directed funding of $285,000 to the 
University of the Cumberlands to construct and equip a community health 
and wellness facility for utilization by the southern Kentucky 
community. The new facility will bring together the Campus Center, 
Student Health Center, Recreational Sports Program, Intramural Sports 
Program

[[Page 5890]]

and the Community Program to provide educational resources, 
environmental stewardship instruction and service opportunities, 
including exercise, public health and wellness training.
  Requesting Member: Congressman Harold Rogers
  Bill Number: H.R. 1105
  Account: Financial Services, SBA
  Legal Name of Recipient: SEKTDA
  Address of Recipient: 2292 South Highway 27, Somerset, KY 42501
  Description of Request: Provide directed funding of $700,000 for 
economic and small business development in southern and eastern 
Kentucky. SEKTDA is a non-profit, region-wide initiative created to 
attract travelers and tour industry businesses to the area. SEKTDA's 47 
county region is in one of the most depressed areas in the United 
States and economic and small business development is essential. These 
funds will contribute to the economic growth of the region.
  Requesting Member: Congressman Harold Rogers
  Bill Number: H.R. 1105
  Account: Financial Services, ONDCP
  Legal Name of Recipient: National Alliance for Model State Drug Laws
  Address of Recipient: 700 North Fairfax Street, Alexandria, VA 22314
  Description of Request: Provides $1,250,000 in directed funding to 
assist states with their efforts to address diversion of, abuse of, 
misuse of, and addiction to prescription drugs. The National Alliance 
for Model State Drug Laws (NAMSDL) is non-profit organization that 
serves as a resource for governors, state legislators, drug and alcohol 
professionals, community leaders, and others striving for comprehensive 
and effective state drug and alcohol laws, policies and programs. 
NAMSDL's national network of drug and alcohol experts researches and 
analyzes model drug and alcohol laws, and facilitates working 
relationships among state and community leaders and drug and alcohol 
professionals. The proliferation of addictive pain-relief prescription 
drugs in Kentucky and across the country necessitates continued funding 
of NAMSDL programs.
  Requesting Member: Congressman Harold Rogers
  Bill Number: H.R. 1105
  Account: Health and Human Services, SAMHSA
  Legal Name of Recipient: Operation UNITE
  Address of Recipient: 2292 South Highway 27, Somerset, KY 42501
  Description of Request: Provide directed funding of $714,000 for a 
substance abuse treatment and voucher program through Operation UNITE. 
Operation UNITE is a comprehensive program to combat the scourge of 
drug abuse in southern and eastern Kentucky by coordinating federal, 
state and local efforts in law enforcement, treatment and education. 
Operation UNITE has arrested 2,939 drug dealers and removed over $8.4 
million worth of drugs off the street, including 83,426 prescription 
pills, 450 pounds of marijuana, 14 pounds of meth and 20 pounds of 
cocaine. Over 1,890 non-violent offenders have participated in UNITE-
funded drug courts, and more than 1,360 individuals grappling with 
addiction have received vouchers for treatment. This funding will be 
utilized to provide a one-time payment for residential substance abuse 
treatment for eligible individuals who cannot afford treatment.
  Requesting Member: Congressman Harold Rogers
  Bill Number: H.R. 1105
  Account: Health and Human Services, SAMHSA
  Legal Name of Recipient: Operation UNITE
  Address of Recipient: 2292 South Highway 27, Somerset, KY 42501
  Description of Request: Provide directed funding of $618,000 for a 
multi-school substance abuse counseling and curriculum development 
program through Operation UNITE. Operation UNITE is a comprehensive 
program to combat the scourge of drug abuse in southern and eastern 
Kentucky by coordinating federal, state and local efforts in law 
enforcement, treatment and education. From the 2004-2008 school years, 
35 counselors served 44 school districts in the region. In addition, 
nearly 65,000 individual and group counseling sessions were provided, 
and 3,949 referrals to treatment were made. This funding will provide 
prevention, intervention, and treatment through drug counselors in the 
local school system.
  Requesting Member: Congressman Harold Rogers
  Bill Number: H.R. 1105
  Account: Department of Health and Human Services, HRSA
  Legal Name of Recipient: Manchester Memorial Hospital
  Address of Recipient: 210 Marie Langdon Drive, Manchester, KY 40962
  Description of Request: Provide directed funding of $95,000 to 
purchase medical imaging technology at Manchester Memorial Hospital. 
The equipment includes two ultrasound units, a digital mammography 
unit, and a C-ARM. Manchester Memorial Hospital is a 63-bed, not-
forprofit facility that serves more than 4,000 residents in rural 
Kentucky. Manchester Memorial Hospital has committed to provide 
additional funds to complete this project.
  Requesting Member: Congressman Harold Rogers
  Bill Number: H.R. 1105
  Account: Department of Health and Human Services, HRSA
  Legal Name of Recipient: Morehead State University
  Address of Recipient: 150 University Boulevard, Morehead, KY 40351
  Description of Request: Provide directed funding of $238,000 to 
conduct a health outreach demonstration program in eastern Kentucky. 
The region has some of the highest rates of diabetes, obesity, and 
heart disease in the country. This is a targeted and comprehensive 
project to improve rural health and rural communities. The funds will 
be used for program development, supplies, health information 
resources, physician and professional support, and promotional/
awareness efforts.
  Requesting Member: Congressman Harold Rogers
  Bill Number: H.R. 1105
  Account: Department of Health and Human Services, HRSA
  Legal Name of Recipient: Pikeville Medical Center
  Address of Recipient: 911 Bypass Road, Pikeville, KY 41501
  Description of Request: Provide directed funding of $95,000 to 
establish a paperless, all digital hospital. Pikeville Medical Center 
is a not-for-profit hospital located in the Appalachian Mountains where 
a significant portion of the population is isolated from access to 
quality medical care. Implementing health information technology will 
allow Pikeville Medical Center to increase patient safety and 
healthcare quality while reducing operational costs. The funds will be 
used for the purchase of equipment and training programs to establish a 
digital hospital. Over the past three years, Pikeville Medical Center 
has invested $9 million in information technology to advance healthcare 
in the region.
  Requesting Member: Congressman Harold Rogers
  Bill Number: HR. 1105
  Account: Department of Health and Human Services, HRSA
  Legal Name of Recipient: University of Kentucky Research Foundation
  Address of Recipient: 103 Kinkead Hall, Lexington, KY 40506
  Description of Request: Provide directed funding of $190,000 for the 
Marty Driesler Cancer Project, a lethal cancers early detection and 
awareness program. The program was created in 2004 and the University 
of Kentucky continues to oversee its application at several regional 
healthcare centers in rural southeastern Kentucky. The goal of the 
project is to establish a state-of-the-art early detection and outreach 
program for people suffering from lung, liver, and esophageal cancer. 
Funding supports continued collaboration with community partners 
currently involved in accruing and managing the lung cancer study in 
the Fifth Congressional District.
  Requesting Member: Congressman Harold Rogers
  Bill Number: H.R. 1105
  Account: Department of Education, FIE
  Legal Name of Recipient: Eastern Kentucky PRIDE
  Address of Recipient: 2292 South Highway 27, Somerset, KY 42501
  Description of Request: Provide directed funding of $190,000 for 
environmental education and awareness to students through the Eastern 
Kentucky PRIDE program. PRIDE is the first initiative specifically 
created to solve severe environmental degradation problems in the 
region. PRIDE, a non-profit organization, unites citizens with the 
resources of federal, state and local governments in order to improve 
water quality in the region, clean up illegal trash dumps and other 
solid waste, and promote environmental awareness and education to break 
the cycle of pollution. This funding supports initiatives in local 
elementary, middle, and high schools to engage students in 
environmental stewardship.
  Requesting Member: Congressman Harold Rogers
  Bill Number: H.R. 1105
  Account: Department of Education, FIE
  Legal Name of Recipient: The Center for Rural Development
  Address of Recipient: 2292 South Highway 27, Somerset, KY 42501
  Description of Request: Provide directed funding of $238,000 for the 
continuation of

[[Page 5891]]

Forward in the Fifth, a civic literacy program in southern and eastern 
Kentucky. Begun in 1986, the organization serves 44 Appalachian 
counties by placing a high priority on literacy education. In addition, 
Forward in the Fifth has developed and implemented a variety of 
programs to improve school attendance, enhance science and math 
instruction, reduce dropout rates, train parents in computer-based 
education platforms, and increase the number of residents attending 
college. The program works with local schools, teachers, parents, and 
the community.
  Requesting Member: Congressman Harold Rogers
  Bill Number: H.R. 1105
  Account: Department of Agriculture, Natural Resources Conservation 
Service
  Legal Name of Recipient: Kentucky Division of Conservation
  Address of Recipient: 375 Versailles Road, Frankfort, KY 40601
  Description of Request: Provide $545,000 in directed funding for 
conservation technical assistance grants to the Kentucky Soil 
Conservation Districts. This locally-led program promotes Kentucky's 
natural resource priorities and assists in the implementation of 
various Farm Bill conservation programs on small family farms.
  Requesting Member: Congressman Harold Rogers
  Bill Number: H.R. 1105
  Account: Department of Agriculture, Natural Resources Conservation 
Service
  Legal Name of Recipient: Kentucky Division of Conservation
  Address of Recipient: 375 Versailles Road, Frankfort, KY 40601
  Description of Request: Provide $724,000 for conservation technical 
assistance to the Kentucky Soil Erosion Control Cost Share Program. The 
Kentucky Cost Share Program is implemented in coordination with the 
Environmental Quality Incentives Program to address Kentucky's natural 
resource concerns. The funds will be used for engineering, designing, 
installing, and certification of systems/facilities in order to meet 
national conservation standards.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                          HON. JO ANN EMERSON

                              of missouri

                    in the house of representatives

                      Wednesday, February 25, 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: Bois Brule Drainage and Levee District, MO Bill Number: 
H.R. 1105
  Account: Construction
  Legal Name of Requesting Entity: Bois Brule Levee and Drainage 
District of Perry County, MO
  Address of Requesting Entity: P.O. Box 347, Perryville, MO 63775
  Description of Request: Provide an earmark of $2,130,000 to continue 
work on a flood damage reduction and deficiency correction project 
conducted by the U.S. Army Corps of Engineers. Approximately $160,000 
is for construction management and engineering for contracts awarding 
in FY2008; $1,970,000 to award a contract for the Missouri Chute pump 
station. This request is consistent with the intended and authorized 
purpose of the U.S. Army Corps of Engineers, Construction General 
account.
  Project Name: Cape Girardeau, Missouri Floodwall
  Bill Number: H.R. 1105
  Account: Construction
  Legal Name of Requesting Entity: City of Cape Girardeau, Missouri
  Address of Requesting Entity: 401 Independence Street, Cape 
Girardeau, MO 63703
  Description of Request: Provide an earmark of $2,575,000 to continue 
work on a flood damage reduction project conducted by the U.S. Army 
Corps of Engineers. Approximately, $1,910,000 is for pump station work; 
$665,000 for soil stabilization. This request is consistent with the 
intended and authorized purpose of the U.S. Army Corps of Engineers, 
Construction General account.
  Project Name: Caruthersville Harbor, Missouri
  Bill Number: H.R. 1105
  Account: Operations and Maintenance
  Legal Name of Requesting Entity: Pemiscot County Port Authority
  Address of Requesting Entity: 619 Ward Avenue, Caruthersville, MO 
63830
  Description of Request: Provide an earmark of $483,000 for 
Caruthersville Harbor for annual maintenance of the navigation channel 
conducted by the U.S. Army Corps of Engineers. Approximately $483,000 
is for dredging the harbor to authorized levels. This request is 
consistent with the intended and authorized purpose of the U.S. Army 
Corps of Engineers, Operations and Maintenance account.
  Project Name: Clearwater Lake, Missouri (Seepage Control)
  Bill Number: H.R. 1105
  Account: Construction
  Legal Name of Requesting Entity: City of Piedmont
  Address of Requesting Entity: 115 West Green Street, Piedmont, MO 
63957
  Description of Request: Provide an earmark of $23,924,000 for 
Clearwater Major Rehabilitation Project to continue work on a flood 
control project conducted by the U.S. Army Corps of Engineers. 
Approximately $1,000,000 is for continuation of seismic and hydrologic 
studies and the implementation of interim risk reduction measures not 
completed in Fiscal Year 2008. Additionally, $22,924,000 will be used 
to fund on-going Phase II construction. This request is consistent with 
the intended and authorized purpose of the U.S. Army Corps of 
Engineers, Construction General account.
  Project Name: Clearwater Lake, Missouri
  Bill Number: H.R. 1105
  Account: Operations and Maintenance
  Legal Name of Requesting Entity: City of Piedmont, Missouri
  Address of Requesting Entity: 115 West Green Street, Piedmont, MO 
63957
  Description of Request: Provide an earmark of $2,622,000 for 
Operation and Maintenance of Clearwater Lake. This request is 
consistent with the intended and authorized purpose of the U.S. Army 
Corps of Engineers, Operations and Maintenance account.
  Project Name: Little River Diversion, Dutchtown, Missouri
  Bill Number: H.R. 1105
  Account: Section 205
  Legal Name of Requesting Entity: Little River Drainage District
  Address of Requesting Entity: P.O. Box 159 Cape Girardeau, MO 63702
  Description of Request: The Little River Diversion project will be 
funded at the discretion of the U.S. Army Corps of Engineers, through 
Section 205 funds. This request is consistent with the intended and 
authorized purpose of the U.S. Army Corps of Engineers, Section 205 
account.
  Project Name: Mississippi River Levees, AR, IL, KY, LA, MS, MO & TN; 
New Madrid Levee Closure & MO PED Activities
  Bill Number: H.R. 1105
  Account: MRT--Construction
  Legal Name of Requesting Entity: Bootheel Regional Planning and 
Economic Development Commission
  Address of Requesting Entity: 105 E. North Main Street, Dexter, MO 
63841
  Description of Request: Provide an earmark of $3,800,000 for 
Mississippi River Levees (MR&T) to continue work on flood protection 
projects conducted by the U.S. Army Corps of Engineers. Approximately 
$1,800,000 is for planning, engineering and design for levee 
construction work in Luxora and Osceola; $500,000 for New Madrid Levee 
Closure and Box Culvert; $500,000 for Big Oak Tree water supply; 
$500,000 for mitigation and flowage easements; and $500,000 for 
planning, engineering and design activities. This request is consistent 
with the intended and authorized purpose of the U.S. Army Corps of 
Engineers, Mississippi River and Tributaries, Construction account.
  Project Name: New Madrid Harbor, Missouri
  Bill Number: H.R. 1105
  Account: Operations and Maintenance
  Legal Name of Requesting Entity: New Madrid County Port Authority
  Address of Requesting Entity: 435 Main Street, New Madrid, MO 63869
  Description of Request: Provide an earmark of $257,000 for the New 
Madrid County Harbor for annual maintenance of the navigation channel 
conducted by the U.S. Army Corps of Engineers. Approximately $40,000 is 
for surveying; $186,300 for dredging the harbor; and $31,000 for scour 
repairs on the harbor bank. This request is consistent with the 
intended and authorized purpose of the U.S. Army Corps of Engineers, 
Operations and Maintenance account.
  Project Name: New Madrid Harbor (Mile 889), Missouri
  Bill Number: H.R. 1105
  Account: Operations and Maintenance
  Legal Name of Requesting Entity: City of New Madrid, Missouri
  Address of Requesting Entity: P.O. Box 96, New Madrid, MO 63869
  Description of Request: Provide an earmark of $141,000 for the New 
Madrid Harbor Mile 889 for annual maintenance of the navigation channel 
conducted by the U.S. Army Corps of Engineers. Approximately, $141,000 
will be used to completely dredge the harbor. This request is 
consistent with the intended and authorized purpose of the U.S. Army 
Corps of

[[Page 5892]]

Engineers, Operations and Maintenance account.
  Project Name: Southeast Missouri Port, Mississippi River, Missouri
  Bill Number: H.R. 1105
  Account: Operations and Maintenance
  Legal Name of Requesting Entity: Southeast Missouri Regional Port 
Authority
  Address of Requesting Entity: 10 Bill Bess Drive, Scott City, MO 
63780
  Description of Request: Provide an earmark of $8,000 for the 
Southeast Missouri Port for annual maintenance of the navigation 
channel conducted by the U.S. Army Corps of Engineers. The Southeast 
Missouri Port will use the $8,000 for dredging at the harbor. This 
request is consistent with the intended and authorized purpose of the 
U.S. Army Corps of Engineers, Operations and Maintenance account.
  Project Name: St. Francis Basin, AR & MO
  Bill Number: H.R. 1105
  Account: MRT--Construction
  Legal Name of Requesting Entity: The Little River Drainage District
  Address of Requesting Entity: 1440 Kurre Lane, Cape Girardeau, MO 
63701
  Description of Request: Provide an earmark of $7,856,000 for St. 
Francis River and Tributaries, AR & MO Maintenance. This funding will 
be used for land and damages, cultural resources, engineering, design, 
construction management and operate and maintain two pumping stations. 
This request is consistent with the intended and authorized purpose of 
the U.S. Army Corps of Engineers, MR&T Maintenance account.
  Project Name: St. John's Bayou and New Madrid Floodway, Missouri
  Bill Number: H.R. 1105
  Account: MRT--Construction
  Legal Name of Requesting Entity: St. John's Levee and Drainage 
District of Missouri
  Address of Requesting Entity: P.O. Box 40, New Madrid, MO 63869
  Description of Request: Provide an earmark of $200,000 for 
Construction in the St. Johns Bayou and New Madrid Floodway. This 
funding will be used for preparations necessary to re-advertise and 
updating plans and specifications to reflect current conditions. This 
request is consistent with the intended and authorized purpose of the 
U.S. Army Corps of Engineers, MR&T Construction account.
  Project Name: Wappapello Lake, Missouri
  Bill Number: H.R. 1105
  Account: MRT--Operations and Maintenance
  Legal Name of Requesting Entity: City of Poplar Bluff, Missouri
  Address of Requesting Entity: 101 Oak St. Poplar Bluff, Missouri 
63901
  Description of Request: Provide an earmark of $9,567,000 for 
Wappapello Lake, MO MR&T Operations and Maintenance. This funding is 
for routine operation and maintenance, as well as work on U.S. Highway 
67. This request is consistent with the intended and authorized purpose 
of the U.S. Army Corps of Engineers, MR&T Operations and Maintenance 
account.
  Project Name: Vitis Gene Discovery Program
  Bill Number: H.R. 1105
  Account: Cooperative State Research Education and Extension Service; 
RE/FA
  Legal Name of Requesting Entity: Missouri State University
  Address of Requesting Entity: 901 S. National, Springfield, MO 65897
  Description of Request: Provide an earmark for $422,000 for 
scientific research at Missouri State University to explore the genetic 
resources in wild grapevines for securing the profitability and 
sustainability of the grape and wine industry. The project also 
provides an educational base for training students in a modern, 
interdisciplinary approach using state-of-the-art technology. The 
funding is budgeted $239,031 for personnel; $71,054 for materials, 
supplies and other direct costs; $209,971 for facilities and 
administration. The University is providing annual operating funds for 
the Mountain Grove Research Campus, as well as in-kind contributions 
for roughly 33 percent of the project cost.
  Project Name: Crop and Aquaculture Loss in Southeast Missouri
  Bill Number: H.R. 1105
  Account: APHIS; Salaries and expenses
  Legal Name of Requesting Entity: Bootheel Resource Conservation and 
Development, Inc.
  Address of Requesting Entity: 18450 Ridgeview Lane, Dexter, MO 63841
  Description of Request: Provide an earmark for $207,000 to fund the 
USDA-APHIS-Wildlife Services in Southeast Missouri. $128,340 is 
budgeted for salaries and benefits; $41,400 for program support; 
$20,700 for vehicle maintenance and fuel; $16,560 for supplies and 
field equipment. USDA-APHIS Wildlife Services provides direct control 
and technical assistance with wildlife damage issues in Southeast 
Missouri. The funding is consistent with the intended and authorized 
purpose of the USDA-APHIS-Wildlife Services. Local municipalities, 
colleges and universities and commodity groups along with other 
government funding have contributed $73,100 to this effort.
  Project Name: Bill Emerson National Hunger Fellowship Program and the 
Mickey Leland International Hunger Fellowship Program
  Bill Number: H.R. 1105
  Account: General Provision
  Legal Name of Requesting Entity: The Congressional Hunger Center
  Address of Requesting Entity: 400 North Capitol Street, NW Suite 
G100, Washington, D.C. 20001
  Description of Request: Provide an earmark of $2,347,000 to fund the 
Bill Emerson National Hunger Fellowship Program and the Mickey Leland 
International Hunger Fellowship Program. The Emerson/Leland Fellowships 
are a leadership development program for individuals interested in 
assisting vulnerable children, low income families and populations to 
overcome the challenges presented by hunger and poverty in 16 countries 
on 4 continents. The 20 Bill Emerson Fellows have 6 month field 
placements in 10 U.S. States and 5 month policy placements in 
Washington, DC. Emerson Fellows work with faith-based groups, anti-
hunger organizations, food banks and community food security 
organizations on Food Stamp outreach projects, increasing the use of 
farmers' markets, and making school breakfast and summer meal programs 
available to those in need. Leland Fellows work on humanitarian relief, 
food and nutrition projects with CARE, Catholic Relief Services, Mercy 
Corp. and the World Food Program.
  For the year ending September 30, 2008 the Congressional Hunger 
Center's expenditures in administering the Bill Emerson National Hunger 
Fellowships included: Salaries $743,438; Benefits $95,965; Postage and 
printing $16,669; Travel and meetings $122,483; Professional services 
$70,887; Telephone $6,288; Supplies and office expenses $100,107; 
Program costs $173,601; Allocation of General and Administration 
Expenses $187,677; Total program/support expenses $1,517,115. For the 
year ending September 30, 2008 the Congressional Hunger Center's 
expenditures in administering the Mickey Leland International Hunger 
Fellowships included Salaries $732,089; Benefits $85,484; Postage and 
printing $11,222; Travel and meetings $117,415; Professional services 
$70,887; Telephone $5,649; Supplies and office expenses $98,072; 
Program costs $164,045; Allocation of General and Administration 
expenses $181,384; Total program/support expenses $1,466,247. The 
expenditures for Fiscal Year 2009 are anticipated to be similar.
  Project Name: Agriculture in the Classroom
  Bill Number: H.R. 1105
  Account: Cooperative State Research Education and Extension Service
  Legal Name of Requesting Entity: Missouri Farm Bureau
  Address of Requesting Entity: 701 South Country Club Drive, Jefferson 
City, MO 65102
  Description of Request: Provide an earmark for $553,000 for the 
Agriculture in the Classroom Project (AITC). AITC served nearly 5 
million students and 120,000 educators through workshops, conferences, 
field trips, farm tours, in-service and pre-service training and other 
educational activities. AITC programs include working with the state 
AITC programs to leverage $13 million in program support and enhance 
the efforts of program nationwide. $44,147 is budgeted for 
administrative costs; $173,315 for salaries; $120,000 for technology; 
$115,000 for infrastructure; $65,538 for instructional innovative 
grants and projects; $35,000 for national events.
  Project Name: Soybean Cyst Nematode, MO
  Bill Number: H.R. 1105
  Account: Cooperative State Research, Education, and Extension Service 
(CSREES); SRG
  Legal Name of Requesting Entity: Curators of the University of 
Missouri
  Address of Requesting Entity: 316 University Hall, Columbia, MO 65211
  Description of Request: Provide an earmark of $556,000 for soybean 
cyst nematode (SCN) research at the University of Missouri. 
Approximately $455,000 is for salary, wages and fringe benefits for one 
post-doctoral associate, six research associates, and six hourly 
technicians; $12,000 is for travel from offices to field research plots 
and meetings to present research results to other researchers; $70,000 
is for supplies to maintain field research plots and to conduct 
laboratory analysis; $4,000 is for publication of research results in 
refereed scientific journals; and $15,000 is for winter nursery plots. 
The soybean cyst nematode has been and remains the most serious pest of 
soybeans in the U.S.; it suppressed U.S. soybean production by 171.9 
million bushels

[[Page 5893]]

in 2008. The requested funds will enable the University of Missouri SCN 
research team to continue their path-breaking research and development 
of SCN-resistant soybean varieties. This team has attained national 
prominence for their SCN research, and the results of their research 
impact soybean production in all states where soybeans are grown.
  Project Name: Beef Technology Transfer
  Bill Number: H.R. 1105
  Account: Cooperative State Research, Education, and Extension Service 
(CSREES); SRG
  Legal Name of Requesting Entity: Curators of the University of 
Missouri
  Address of Requesting Entity: 316 University Hall, Columbia, MO 65211
  Description of Request: Provide an earmark of $243,000 to continue 
research studying the effects of selection for metabolic efficiency in 
beef cattle on forage intake, nutrient requirements and progeny 
productivity being conducted at the University of Missouri Southwest 
Center. Approximately $37,000 is for laboratory supplies needed to 
conduct the research, $36,000 is for facilities use charges and feed 
needed for progeny testing, $40,000 is for pasture renovation, $20,000 
is for cowherd maintenance costs and feed, $7,000 is for travel, and 
$103,000 is for salary and fringe benefits charges. This research is to 
continue the project studying methods to improve feed efficiency and 
reduce waste excretion and gaseous emissions by beef cattle by the 
University of Missouri.
  Project Name: Center for Agroforestry, Booneville, Arkansas
  Bill Number: H.R. 1105
  Account: Agricultural Research Service; Salaries and expenses
  Legal Name of Requesting Entity: Curators of the University of 
Missouri
  Address of Requesting Entity: 316 University Hall, Columbia, MO 65211
  Description of Request: For the Center for Agroforestry, Booneville, 
AR (ARS)--[University of Missouri (MU) Center for Agroforestry, 
Columbia, MO, and Dale Bumpers Small Farm Research Center (DBSFRC), 
Booneville, AR], to provide an earmark of $660,000 to support research 
on viable alternative production and protection options to help 
revitalize the economic and environmental health of rural farms and 
communities in Missouri and surrounding states. Approximately, $438,882 
[or 66%] is for salary and fringe to support professional track 
faculty, research associates, field research specialists, graduate and 
undergraduate students; $201,981 [or 31%] for materials and supplies in 
support of laboratory and field-based research on campus and at five MU 
farms and centers; $19,137 [or 3%] for travel. This is year 4 of a 5 
year project to continue groundbreaking MU Center for Agroforestry lead 
research to develop novel, science-based, market-driven alternatives 
for the family farm in collaboration with DBSFRC in Booneville, AR.
  Project Name: Endophyte Research, Booneville, AR
  Bill Number: H.R. 1105
  Account: Agricultural Research Services; Salaries and Expenses
  Legal Name of Requesting Entity: Curators of the University of 
Missouri
  Address of Requesting Entity: 316 University Hall, Columbia, MO 65211
  Description of Request: For Endophyte Research, Boonville, AR (Fescue 
Toxicosis), to provide $287,550 for the University of Missouri, College 
of Agriculture, Food, and Natural Resources portion of the ARS 
Cooperative agreement that include the University of Arkansas and 
Oregon State University to develop effective management techniques for 
reduction of challenges associated with fescue toxicosis. Approximately 
$165,785 will be used for salary and fringe benefits; $102,496 for 
supplies such as animals, fescue seed, and analytical material; $15,269 
for travel to scientific meetings to present the results of these 
studies; and $4,000 for publication of the results of these studies. 
These funds are only for the University of Missouri and allow 
researchers at these 3 institutions to collaborate with ARS scientists 
to develop both plant and animal alternatives to ameliorate the annual 
impact on animals that have consumed tall fescue infected with a common 
endophytic fungus. The University of Missouri will provide a minimum of 
50/50 cost share.
  Project Name: Food and Agriculture Policy Research Institute, IA, MO, 
WI, NV
  Bill Number: H.R. 1105
  Account: Cooperative State Research, Education, and Extension Service 
(CSREES); SRG
  Legal Name of Requesting Entity: Curators of the University of 
Missouri
  Address of Requesting Entity: 316 University Hall, Columbia, MO 65211
  Description of Request: Provide an earmark of $1,139,000 for the Food 
and Agriculture Policy Research Institute to provide objective, 
quantitative economic analysis of agricultural policy alternatives. 
Approximately $188,000 or 17% is to continue a cooperative agreement 
with the University of Wisconsin relating to dairy policy; $140,000 or 
12% is to conduct analysis of rangeland, cattle and hay with the 
University of Nevada--Reno; $811,000 or 71% is to be divided between 
the University of Missouri and Iowa State University to provide a ten-
year baseline and policy analysis for U.S. and world agriculture.
  Project Name: Mid-West/Mid-South Irrigation, Columbia, MO
  Bill Number: H.R. 1105
  Account: Agricultural Research Service; Salaries and Expenses
  Legal Name of Requesting Entity: Curators of the University of 
Missouri
  Address of Requesting Entity: 316 University Hall, Columbia, MO 65211
  Description of Request: Provide an earmark of $645,000 to conduct 
research on irrigation in the Midwest/Mid-South (Mw/MS), the region 
experiencing the highest increase in irrigated acreage in the USA. 
Irrigation research had traditionally been done in dry parts of the 
country. However, results from these arid studies from areas where it 
is continuously dry are not always appropriate to the Mw/MS conditions, 
which can experience droughty periods followed by heavy rains, has hard 
pan soils, and disease pressure from high humidity. Since the Mw/MS is 
a historically underserved area in regards irrigation research, its 
farmers were not as able to grow irrigated crops as profitably as they 
could. It is imperative that research be conducted to answer the 
question of how best to irrigate in a semi-humid area. Research is 
being done on crop response to water logging, on scheduling irrigation 
using sensors, on row configurations, on conserving energy, on managing 
field variability, and growing rice more profitably. The project is a 
cooperative effort between USDA/ARS and the University of Missouri. 
Approximately, 80% is for salary and benefits, 12% for supplies, 7% for 
domestic travel, and 1% for soil and plant tissue testing. The data 
gathered from these studies have already made a difference in the 
financial situation of area farmers. Approximately 20% of the 
irrigators are using scientific irrigation scheduling, which is a much 
higher rate then most other regions of the USA. This has led to 
increases in yield that are worth about $13,000,000 annually. The trend 
line of the regional averaged yield for irrigated crops is increasing 
at a higher rate than is the trend line for dryland yields. This is an 
excellent indication that irrigators are becoming more proficient, due 
in large part to the Midwest/Mid-South Irrigation Project.
  Project Name: Rice Agronomy, MO
  Bill Number: H.R. 1105
  Account: Cooperative State Research, Education, and Extension Service 
(CSREES); SRG
  Legal Name of Requesting Entity: Curators of the University of 
Missouri
  Address of Requesting Entity: 316 University Hall, Columbia, MO 65211
  Description of Request: For Rice Agronomy, MO (CSREES), provide an 
earmark of $174,000 to complete a rice agronomy project being conducted 
at the Delta Research Center. Approximately, $139,200 [or 80%] is for 
salaries and $34,800 [or 20%] is for supplies. The specific objective 
of the MU Rice Project is to develop production practices adapted to 
the Upper Mississippi Delta to maximize yield while protecting the 
environment. The project is being administered through the Delta Center 
by University of Missouri--Extension.
  Project Name: Rural Policies Institute, IA, MO, NE
  Bill Number: H.R. 1105
  Account: Cooperative State Research, Education, and Extension Service 
(CSREES)
  Legal Name of Requesting Entity: Curators of the University of 
Missouri
  Address of Requesting Entity: 316 University Hall, Columbia, MO 65211
  Description of Request: For Rural Policy Research Institute (RUPRI), 
University of Missouri, to provide an earmark of $835,000 to support 
the ongoing activities of the Rural Policy Research Institute (RUPRI). 
Of the $835,000, $773,060 is for salaries and fringe and $61,940 is for 
operating costs. Of the $773,060 for salaries and fringe, $379,159 
(49%) is for national policy programs, including the Washington DC 
staff; $212,834 (28%) is for the core staff in Columbia, MO; and 
$181,067 (23%) is to support rural entrepreneurship, human services, 
and analytical programs. The approval of the earmark will unlock a 
further $298,000 in commitments from Federal, foundation, and 
university sources.
  Project Name: Regionalized Implications of Farm Programs, MO, TX

[[Page 5894]]

  Bill Number: H.R. 1105
  Account: Cooperative State Research, Education, and Extension Service 
(CSREES); SRG
  Legal Name of Requesting Entity: Curators of the University of 
Missouri
  Address of Requesting Entity: 316 University Hall, Columbia, MO 65211
  Description of Request: Provide an earmark of $595,000 for the Food 
and Agriculture Policy Research Institute (FAPRI) and the Agricultural 
and Food Policy Center (AFPC) for Regionalized Implications of Farm 
Programs to provide Congress with information regarding farm financial 
risk and farm structure and the impacts of alternative agricultural 
policies on these factors. Approximately $244,000 or 41% is for FAPRI 
at the University of Missouri to provide stochastic and deterministic 
baseline and policy scenarios and $351,000 or 59% is for AFPC at Texas 
A&M University to provide representative farm analysis.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                           HON. JOHN BOOZMAN

                              of arkansas

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. BOOZMAN. 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, the Omnibus Appropriations Act, 2009:
  Earmark: Arkansas Research and Technology Park, $100,000
  Requesting Member: Congressman John Boozman (AR-03)
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009
  Account: Salaries & Expenses
  Agency: Small Business Administration (SBA)
  Name/Address: University of Arkansas Technology Development 
Foundation, 535 Research Center Blvd, Fayetteville, AR 72701
  Description: The funding will be used to develop a new research 
facility at the Arkansas Research and Technology Park
  Earmark: Arkansas School Resource Officer Program, $500,000
  Requesting Member: Congressman John Boozman (AR-03)
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009
  Account: OJP-Byrne Discretionary Grants
  Agency: Department of Justice
  Name/Address: Criminal Justice Institute (CJI) at the University of 
Arkansas, 7723 Colonel Glen Road, Little Rock, AR 72204
  Description: The funding will be used by CJI's School Violence 
Resource Center to develop a program to provide education and training 
for school resource officers and school officials, provide safe school 
on-site assessments of Arkansas schools, and provide safe school crisis 
intervention and management.
  Earmark: Arkansas Methamphetamine Education and Training Project, 
$500,000
  Requesting Member: Congressman John Boozman (AR-03)
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009
  Account: COPS Meth
  Agency: Department of Justice
  Name/Address: Criminal Justice Institute (CJI) at the University of 
Arkansas, 7723 Colonel Glen Road, Little Rock, AR 72204
  Description: The funding will be used to provide the Arkansas law 
enforcement community with methamphetamine-focused courses that 
emphasize officer awareness and safety, effective management and 
investigation of methamphetamine-related cases, and the identification 
and rescue of Arkansas's methamphetamine-affected children.
  Earmark: National Child Protection Training Center: Southern Region, 
$500,000
  Requesting Member: Congressman John Boozman (AR-03)
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009
  Account: OJP-Byrne Discretionary Grants
  Agency: Department of Justice
  Name/Address: North West Arkansas Community College, One College 
Drive, Bentonville, AR 72712
  Description: The funding will be used to establish a national 
training center for the Southern region of the U.S. for the purpose of 
reducing cases of child abuse and improving support for victims of 
child abuse
  Earmark: City of Fayetteville's Simulcast System for Public Safety 
Communication, $500,000
  Requesting Member: Congressman John Boozman (AR-03)
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009
  Account: COPS Law Enforcement Technology
  Agency: Department of Justice
  Name/Address: City of Fayetteville, AR, 113 W. Mountain, 
Fayetteville, AR 72701
  Description: The funding will be used for the purchase, installation 
and implementation of a three site ASTRO 25 LE simulcast radio system 
for emergency preparedness.
  Earmark: City of Fayetteville wastewater system improvements, 
$300,000
  Requesting Member: Congressman John Boozman (AR-03)
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009
  Account: STAG Water and Wastewater Infrastructure Project
  Agency: Environmental Protection Agency
  Name/Address: City of Fayetteville, AR, 113 W. Mountain, 
Fayetteville, AR 72701
  Description: The funding will be used to continue the existing 
initiative of rehabilitation of the regional wastewater system and for 
infrastructure reconstruction.
  Earmark: May Branch Flood Control Project, $109,000
  Requesting Member: Congressman John Boozman (AR-03)
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009
  Account: Investigations
  Agency: Corps of Engineers
  Name/Address: City of Fort Smith, AR, P.O. Box 1908, Fort Smith, AR 
72902
  Description: The funding will be used to make improvements to the May 
Branch drainage way for flood damage reduction
  Earmark: Pine Mountain Dam, Arkansas, $478,000
  Requesting Member: Congressman John Boozman (AR-03)
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009
  Account: Investigations
  Agency: Corps of Engineers
  Name/Address: River Valley Regional Water District, 811 Fayetteville 
Avenue, Alma, AR 72921
  Description: The funding will be used to complete the general 
reevaluation study and continue work on the EIS for construction of a 
lake for flood control, water supply, fish and wildlife enhancement and 
recreation.
  Earmark: Ozark-Jeta Taylor Powerhouse, $16,555,000
  Requesting Member: Congressman John Boozman (AR-03)
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009
  Account: Construction
  Agency: Corps of Engineers
  Name/Address: Corps of Engineers, 700 West Capitol Street, Little 
Rock, AR 72201
  Description: The funding will be used to replace turbines with a new 
design to correct flaws that are causing extensive outages.
  Earmark: White River Minimum Flows, $5,000,000
  Requesting Member: Congressman John Boozman (AR-03)
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009
  Account: Construction
  Agency: Corps of Engineers
  Name/Address: Arkansas Game & Fish Commission, 2 Natural Resources 
Drive, Little Rock, AR 72205
  Description: The funding will be used to continue work toward the 
implementation of Minimum Flows at Bull Shoals and Norfolk Dams on the 
White River pursuant to Section 132 of the FY2006 Energy and Water 
Resources Development Act (P.L. 109-103).
  Earmark: Sparks Regional Medical Center Cancer Treatment Center, 
$1,189,000
  Requesting Member: Congressman John Boozman (AR-03)
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009
  Account: HRSA-Health Facilities & Services
  Agency: Department of Health and Human Services
  Name/Address: Sparks Regional Medical Center, 1001 Towson Ave, Fort 
Smith, AR 72917.
  Description: The funding will be used to relocate and expand 
radiation therapy and oncology services to a central cancer center
  Earmark: University of Arkansas Medical School (UAMS) IT Project, 
$95,000
  Requesting Member: Congressman John Boozman (AR-03)
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009
  Account: HRSA-Health Facilities & Services
  Agency: Department of Health and Human Services
  Name/Address: UAMS, 4301 W. Markham, Little Rock, AR 72205
  Description: The funding will be used to purchase the equipment that 
will allow for both distance education for the Northwest Arkansas

[[Page 5895]]

satellite campus, as well as telehealth in rural areas.
  Earmark: North Arkansas College Health Science Facility, $190,000
  Requesting Member: Congressman John Boozman (AR-03)
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009
  Account: Higher Education (includes FIPSE)
  Agency: Department of Education
  Name/Address: North Arkansas College, 1515 Pioneer Drive, Harrison, 
AR 72601
  Description: The funding will be used to purchase equipment for the 
new allied health facilities at the South Campus.
  Earmark: Razorback Transit System, Fayetteville, AR, $570,000
  Requesting Member: Congressman John Boozman (AR-03)
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009
  Account: Buses and Bus Facilities
  Agency: Federal Transit Administration
  Name/Address: University of Arkansas, Transit and Parking Department, 
155 Razorback Road, Fayetteville, AR 72701
  Description: The funding will be used for environmental, security and 
bus upgrades.
  Earmark: Statewide Bus and Bus Facilities, $950,000
  Requesting Member: Congressman John Boozman (AR-03)
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009
  Account: Buses and Bus Facilities
  Agency: Federal Transit Administration
  Name/Address: State of Arkansas, Arkansas Highway and Transit 
Department, 10324 Interstate 30, Little Rock, AR 72203
  Description: The funding will be used to supplement the State's 
current buses and bus facilities, as well as assist in the procurement 
of ADA vans and small buses for 250 community human service 
organizations.
  Earmark: I-540 Interchange Improvements, Washington and Benton 
Counties, $1,900,000
  Requesting Member: Congressman John Boozman (AR-03)
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009
  Account: Interstate Maintenance Discretionary
  Agency: Federal Highway Administration
  Name/Address: State of Arkansas, Arkansas Highway and Transit 
Department, 10324 Interstate 30, Little Rock, AR 72203
  Description: The funding will be used to make improvements along I-
540, including adding lanes at on and off ramps and adding capacity to 
cross streets to allow for the traffic coming from and going to the 
Interstate.
  Earmark: Bella Vista Bypass, $380,000
  Requesting Member: Congressman John Boozman (AR-03)
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009
  Account: Surface Transportation Priorities
  Agency: Federal Highway Administration
  Name/Address: State of Arkansas, Arkansas Highway and Transit 
Department, 10324 Interstate 30, Little Rock, AR 72203
  Description: The funding will be used to continue work on the Bella 
Vista Bypass, which is a critical link to the completion of I-49.
  Earmark: Rail Trolley Extension, Fort Smith, AR, $237,500
  Requesting Member: Congressman John Boozman (AR-03)
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009
  Account: Surface Transportation Priorities
  Agency: Federal Highway Administration
  Name/Address: City of Fort Smith, P.O. Box 1908, Fort Smith, AR 72902
  Description: The funding will be used for design and engineering for 
the western and eastern extensions of the existing electric trolley 
rail system, which will provide direct links with the Convention 
Center, Trolley Museum, Fort Smith Museum of History and the new U.S. 
Marshals Museum.
  Earmark: Endophyte Research, $994,000
  Requesting Member: Congressman John Boozman (AR-03)
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009
  Account: Salaries & Expenses
  Agency: Agricultural Research Service
  Name/Address: University of Arkansas Division of Agriculture, ALTH 
214, University of Arkansas, Fayetteville, AR 72704
  Description: The funding will be used for the continuation of 
University of Arkansas Division of Agriculture Endophyte research 
programs.
  Earmark: National Center for Agricultural Law, $654,000
  Requesting Member: Congressman John Boozman (AR-03)
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009
  Account: Salaries & Expenses
  Agency: Agricultural Research Service
  Name/Address: National Center for Agricultural Law, 107 Waterman 
Hall, University of Arkansas, Fayetteville, AR 72701
  Description: The funding will be used to continue programs at the 
National Center for Agricultural Law, the leading source of objective, 
scholarly and authoritative agricultural and food law research and 
information.
  Earmark: Animal Science Food Safety Consortium, $939,000
  Requesting Member: Congressman John Boozman (AR-03)
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009
  Account: SRG
  Agency: Cooperative State Research Education and Extension Service
  Name/Address: University of Arkansas Division of Agriculture, E212 
AFLS Building, University of Arkansas, Fayetteville, AR 72701
  Description: The funding will be used for the continuation of cutting 
edge research into all areas of poultry, beef and pork meat production 
from the farm to the consumer's table, including providing solutions 
for current priorities and long term anticipated needs.
  Earmark: Geographic Information System, $1,248,000
  Requesting Member: Congressman John Boozman (AR-03)
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009
  Account: SRG
  Agency: Cooperative State Research Education and Extension Service
  Name/Address: University of Arkansas, JBFIT 304, Fayetteville, AR 
72701
  Description: The funding will be used for the continuation of the 
University's participation in the National Consortium for Rural 
Geospatial Innovations in America (RGIS), which is comprised of eight 
sites across the country that helps bring the benefits of geographic 
information systems and related spatial information technologies to 
rural and tribal America.
  Earmark: Institute for Food Science Engineering, $775,000
  Requesting Member: Congressman John Boozman (AR-03)
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009
  Account: SRG
  Agency: Cooperative State Research Education and Extension Service
  Name/Address: University of Arkansas Division of Agriculture 1FSE, 
E212 AFLS Building, Fayetteville, AR 72701
  Description: The funding will be used to carry out IFSE's research on 
value added processing, safety, nutritional value, packaging storage 
and distribution of food products.
  Earmark: Appropriate Technology Transfer for Rural Areas, $2,582,000
  Requesting Member: Congressman John Boozman (AR-03)
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009
  Account: Rural cooperative development grants
  Agency: Rural Business-Cooperative Service
  Name/Address: National Center for Appropriate Technology, 207 W. 
Center Street, Fayetteville, AR 72702
  Description: The funding will be used for the continued operation of 
the ATTRA national program, which provides free technical assistance to 
farmers, ranchers and others in all 50 states seeking information on 
sustainable agriculture technologies, farm energy and information for 
marketing and adding value to farm products.
  Earmark: Enhancing Agricultural Profitability through Specialty 
Crops, $164,000
  Requesting Member: Congressman John Boozman (AR-03)
  Bill Number: H.R. 1105, the Omnibus Appropriations Act, 2009
  Account: SRG
  Agency: Cooperative State Research Education and Extension Service
  Name/Address: University of Arkansas Division of Agriculture, E2I2 
AFLS Building, Fayetteville, AR 72701
  Description: The funding will be used to provide profitable 
production and processing systems new, innovative and transitioning 
agricultural producers and processors.

                          ____________________




                          HONORING LEE RHYANT

                                 ______
                                 

                           HON. PHIL GINGREY

                               of georgia

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. GINGREY of Georgia. Madam Speaker, in celebration of Black 
History Month, I want to continue recognizing African Americans from 
throughout Georgia's 11th Congressional District who have a major 
impact on their community.

[[Page 5896]]

  Today, I rise to honor Lee Rhyant of Marietta, Georgia. For the past 
nine years, Lee has served as the Vice President and Site Manager for 
one of Marietta's most important and largest employers--Lockheed 
Martin. During his tenure at Lockheed, the company has continued to 
prosper--providing thousands of jobs for 11th District residents.
  In addition to his success in the business world, we should all 
strive to emulate Lee Rhyant's thirst for education and learning. Lee 
holds a Bachelor of Science Degree from Bethune-Cookman College, an MBA 
from Indiana University, and has attended London School of Business, 
MIT, Harvard, General Motors Institute, and the University of Michigan.
  Lee and his wife, Evelyn Ingram Rhyant, have raised two wonderful 
sons--twins actually--who have followed their parent's example of hard 
work and have both become fine physicians.
  Given his involvement in the business community of Cobb County and 
his active role as a wonderful father and family man, it is hard to 
believe that Lee has much time to devote to anything else.
  However, despite his busy schedule, I could stand here on the House 
Floor for hours listing the different organizations to which Lee 
generously donates his time--including the United Way of Cobb County, 
the Atlanta Area Boy Scouts Council, the Board of Directors of Bethune-
Cookman College, and the Safe America Foundation to name a few. Lee 
Rhyant is truly community service personified.
  I ask that my colleagues join me in commending Lee Rhyant for his 
hard work and dedication to improving the lives of the people of his 
community.

                          ____________________




HONORING THE DISTRICT OF COLUMBIA STUDENTS WHO PARTICIPATED IN THE ``WE 
            THE PEOPLE'' MIDDLE SCHOOL SHOWCASE COMPETITION

                                 ______
                                 

                       HON. ELEANOR HOLMES NORTON

                      of the district of columbia

                    in the house of representatives

                      Wednesday, February 25, 2009

  Ms. NORTON. Madam Speaker, I rise to ask the House to join me in 
congratulating the remarkable students from The SEED Public Charter 
School and DC Preparatory Academy. Students from these schools 
participated in We the People: The Citizen and the Constitution Middle 
School Showcase on January 7, 2009 for the District of Columbia at the 
Charles Sumner School Museum and Archives and demonstrated a remarkable 
understanding of the fundamental principles of our nation.
  The students participated in a simulated congressional hearing where 
they responded to questions on the U.S. Constitution and Bill of Rights 
from a panel of adult judges. They responded to questions about English 
philosopher John Locke's view of the purposes of government, the 
principles embedded in the Declaration of Independence, the compromises 
made at the Philadelphia Convention, how the Constitution protects our 
most basic rights, and rights and responsibilities of citizenship.
  The We the People: The Citizen and the Constitution is administered 
by the Center for Civic Education and funded by the U.S. Department of 
Education under the Education for Democracy Act approved by the U.S. 
Congress. It is one of the best programs in the nation to promote a 
deep understanding of the U.S. Constitution, the Bill of Rights, and 
the principles they embody.
  I would also like to congratulate teachers LaTonya Davis at DC 
Preparatory Academy and Ian Milne at The SEED Public Charter School who 
did an exceptional job preparing these young students. I also wish to 
commend Justin Rydstrom, the state coordinator for the We the People 
program in the District of Columbia. Special recognition should be 
given to the National Capital Lawyer's Auxiliary who provided 
volunteers to make the event a success.
  Madam Speaker, I am pleased to submit the names of these young 
``constitutional experts'' for special recognition by our colleagues in 
the House of Representatives and wish them the best of luck as they 
develop into the future leaders of our nation.
  The SEED School: Dymond Andrews, Roshae Ball, Chandler Connelly, 
Ashley DaCosta, Jevian Gudger, Makayla Head, Joseph Johnson, Loria 
Pate, Janell Proctor, Michael Moore, Shamari Pratt, Latiece Smith, 
Daa'Jah Wallace, and Chardae Walter.
  DC Prep: Tawfiq Abdul-Karim, Saqwan Adams, Rashawn Alexander, Hakeem 
Bello, Kyleisha Byrd, Deshaun Cannady, Jennifer Carter, Marc Childs, 
Carl Costley, William Delaney, Desmond Dixon, Jade Dixon, Shaquille 
Hall, Tony Hansford, DeVante' Hendren, Lundon Hudgens, Aleia Johnson, 
Keith Kelly, Martin Marshall, Denzel Mitchell, Kenny Montague, Ken 
Mutamba, Ryan Perkins, Melissa Reid, Jessica Robinson, Renita Robinson, 
Jonnae Spann, Ricardo McCrary Steward, Wesley Tebo, Brianna Thomas, 
Eddie Vann, Jada Vereene, Taurus White, and Mari Roe Wills.

                          ____________________




                TRIBUTE TO DR. NEVILLE A. PARKER, Ph.D.

                                 ______
                                 

                          HON. JOSE E. SERRANO

                              of new york

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. SERRANO. Madam Speaker, as our nation celebrates Black History 
Month and its theme ``The Quest for Black Citizenship in the 
Americas,'' it is with great pleasure that I rise to honor Dr. Neville 
A. Parker, Ph.D., an African-American who has devoted himself to the 
advancement of science and to broadening the participation of under-
represented minorities in the fields of mathematics, technology and 
engineering. Dr. Parker enjoys a distinguished career in international 
transportation and has demonstrated an unwavering commitment to 
professionals in developing countries.
  Dr. Parker's academic training in engineering began in 1965, when he 
received a B.E. in Civil Engineering from the City University of New 
York. He later received an M.E. in Transportation Engineering and a 
Ph.D. in Systems Engineering from Cornell University in 1966 and 1971, 
respectively. Dr. Parker is a Registered Professional Engineer in both 
the United States and the United Republic of Tanzania.
  After receiving his Ph.D., Dr. Parker began his illustrious 
professional career by teaching Civil Engineering at Howard University. 
He remained in this post until 1979, the last three years of which he 
spent at the University of Dar Es Salaam in Tanzania as a Senior 
Fulbright Scholar. Dr. Parker's talents and leadership were immediately 
recognized, and soon after arriving he became the Head of the 
Department of Civil Engineering. Dr. Parker's work on engineering 
capacity building in Tanzania and East and South Africa began with the 
delivery of a keynote address at the Sixth Pan-African Conference in 
1974. Over the subsequent twelve years, Dr. Parker founded and 
coordinated several highly regarded professional associations, and 
authored policy documents, studies, and proposals that drew much needed 
funding to Africa and transformed the field.
  In 1989, Dr. Parker returned to the City College of New York as the 
Herbert G. Kayser Professor of Civil Engineering and the Director of 
the City University of New York (CUNY) Institute for Transportation 
Systems. In this capacity, Dr. Parker set the bar for innovative work 
with professionals in developing countries through the implementation 
of training programs and collaborations. From 1987 to 1998, Dr. Parker 
served as Chief Coordinator for the International Road Federation's 
annual Executive Conferences on Road Asset Management, attracting over 
three hundred executive level transportation professionals from more 
than sixty countries across the globe.
  Dr. Parker is widely published in international journals and is the 
co-author of a foundational textbook on highway engineering challenges 
in Africa. His multiple leadership roles in national and international 
professional associations are a testament to the respect that so many 
of Dr. Parker's peers have for him.
  Notwithstanding a demanding travel and research schedule, Dr. Parker 
has retained a steadfast commitment to the education of CUNY students. 
His transportation infrastructure management courses and supervision of 
Masters projects and doctoral dissertations are creating a new 
generation of scholars and practitioners that, following in Dr. 
Parker's footsteps, will make their own unique contributions for the 
betterment of our society. Throughout his professional career, Dr. 
Parker has worked tirelessly to increase minority participation in the 
sciences. He was Project Director of the Research Careers for Minority 
Scholars program at City College from 1989-1997 and is the current 
Director of the New York City Louis Stokes Alliance for Minority 
Participation program.
  Dr. Parker has admirably extended his expertise, resources, and 
commitment to a myriad of efforts to improve his local Harlem 
community. A vital member of the Manhattan Borough President Office's 
Go Green East Harlem Steering Committee, Dr. Parker is currently 
developing a simulation model to evaluate the public health impacts of 
transportation, particularly truck and bus operations, in a larger 
effort to improve air quality. He previously

[[Page 5897]]

served as the Co-Chair of the Transportation and Economic Development 
Committee for the Empowerment Zone application, and is recognized for 
his research on public empowerment in transportation decision-making 
processes.
  Well-respected among his peers, Dr. Parker has received numerous 
awards including: the Black Engineer of the Year-Outstanding Educator 
Award (1994); the Giant in Science Award (1996); and the Outstanding 
Achievement in Education Award (2003). He was recognized in 2006 as one 
of the top 25 African Americans in education, science and medicine by 
New York's Who's Who.
  Madam Speaker, Dr. Parker is a role model and an inspiration to us 
all. His passion for the progress of science and his commitment to 
expanding opportunities in this field to under-represented communities 
is commendable. I ask my colleagues to join me in honoring Dr. Neville 
A. Parker.

                          ____________________




SHARING THE CARIBBEAN'S APPRECIATION FOR PRESIDENT OBAMA'S INAUGURATION

                                 ______
                                 

                         HON. CHARLES B. RANGEL

                              of new york

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. RANGEL. Madam Speaker, I rise today to share the optimism of the 
Caribbean people in response to the historic inauguration of Barack 
Obama on January 20th, 2009. The New York CARIB News has deemed the 
44th presidency ``a watershed, a significant departure from where we 
once were as a nation.'' What a great feeling it is to know that when 
Mr. Obama put his hand on the Bible used by Lincoln to vow to uphold 
the nation's constitution, it was well received by people of the 
Caribbean and around the world. I share the sentiment expressed by the 
reporters of New York CARIB that it was a moment to savor. A news 
article in the publication titled, ``U.S./Caribbean-Relations: On the 
Verge of a new Chapter in America and World History,'' makes the case.

             [From the New York CARIB News, Jan. 20, 2009]

       On the verge of a New Chapter in America and World History

       As a soldier in the civil rights movement of almost half a 
     century ago, a person on the front line of the battle for 
     equality has lived through and has helped to break down the 
     barriers that have opened the flood gates to next week's 
     historic event.
       Naturally, John Lewis, a Congressman from Georgia and a 
     sharecropper's son who shared the stage of the ``March on 
     Washington'' in 1963 with Dr. Martin Luther King Jr., quite 
     clearly understands the monumental significance of the 
     official swearing in Washington on January 20th, the 
     inauguration of Barack Hussein Obama as the 44th President of 
     the United States and the nation's first Black Commander-in-
     Chief. It has been a long time in coming. The road to the 
     inauguration was soaked in the blood, sweat. and tears of 
     millions, both Black and white, who like John Lewis, Marcus 
     Garvey, Dr. Martin Luther King Jr., Malcolm X, Roger Wilkins, 
     and a long list of thousands of major iconic figures in 
     American history, had a vision of what was possible in a 
     country in which race was at the core of public policy.
       ``Without the Emancipation Proclamation, the sit-ins, the 
     Freedom Rides, the march on Washington, there may not be a 
     Barack Obama,'' was the way John Lewis summed up the set of 
     building blocks, which have placed us on the cusp of a new 
     chapter in America's history. It signals the promise of more 
     than a new way of thinking but a fresh and inclusive approach 
     to decision-making in a nation whose influence affects almost 
     every corner of the globe.
       ``It's the pinnacle,'' said Roger Wilkins, a former 
     university history professor in Washington, as he reflected 
     on the impact of Obama's November 4th victory at the polls. 
     It stands to reason, therefore, that as we look forward to 
     Tuesday's momentous step we cast our minds back to the days 
     when in 1857 the U.S. Supreme Court in the landmark Dred 
     Scott case decided that Blacks ``had no rights which any 
     white man was bound to respect.'' Next, it took President 
     Abraham Lincoln to issue the Emancipation Proclamation on 
     January 1, 1863 to free all slaves in Confederate States.
       Just in case, you think we are delving into ancient history 
     to prove a point, just remember that it was about 50 years 
     ago, George Wallace, Alabama's most notorious segregationist 
     Governor, vowed ``segregation today . . . segregation 
     forever.''
       Less than 20 years before that, African American servicemen 
     and women defended this country during the Second World War 
     fighting or serving in segregated units. Who could have 
     imaged back then that we would have lived to see the day when 
     Colin Powell, a Black man with Caribbean family roots, would 
     in less, than 40 years, become the Chairman of the Joint 
     Chiefs of State and much later the U.S. Secretary of State.
       And it was during Obama's lifetime, when he was two years 
     old that the Civil Rights Act of 1964 became the law of the 
     law, officially removing the stain of racial prejudice from 
     our lives. It would take decades and scores of legal tests at 
     the highest levels of our state and federal judicial systems 
     to ensure that the Act was accepted by most Americans.
       Small wonder, then, that President Bill Clinton once 
     described racism as ``America's curse.''
       That's why when Chief Justice Roberts administers the 
     presidential oath of office and Obama puts his hand on the 
     Bible once used by Lincoln to vow to uphold the nation's 
     constitution that people everywhere, not simply in the 50 
     states and in the U.S. territories would fully appreciate how 
     far we have traveled and where the country is heading.
       But his mere presence in the White House wouldn't be enough 
     to make the nation what we hope and dreamed it would be: a 
     place where all persons would be judged on their merits and 
     not on the color of their skins.
       Undeniably, America is not the same. Obama's election and 
     his inauguration are like a watershed, a significant 
     departure from where we once were as a nation. As a matter of 
     fact, he couldn't have captured the presidency without the 
     support of four of every 10 white voters who cast their 
     ballots for him, alongside the 95 per cent of Blacks and the 
     more than 60 per cent of Hispanics.
       On Tuesday, people of all ethnic groups, sizes and shapes, 
     not only in the United States but around the world will savor 
     the moment and thank God, Allah, Jesus, you name the supreme 
     being, that they have lived long enough to see it.
       It's a feeling like no other.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                           HON. PHIL GINGREY

                               of georgia

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. GINGREY of Georgia. Madam Speaker, in accordance with House 
Republican Conference standards, and Clause 9 of Rule XXI, I submit the 
following member requests for the record. These projects were 
appropriated funds through H.R. 1105, the FY2009 Omnibus Appropriations 
Act.
  Requesting Member: Congressman Phil Gingrey
  Bill Number: H.R. 1105
  Account: Agriculture/Cooperative State Research Education and 
Extension Service/Education & Research
  Legal Name of Requesting Entity: University of Georgia
  Address of Requesting Entity: P.O. Box 1464 Perry, GA 31069
  Description of request: This bill includes $346,000 in funding for 
the Georgia Cotton Commission to continue funding of its CSREES special 
research grant, which was funded at $494,000 in FY 2006 and $371,000 in 
FY 2008. The special research grant will fund valuable research on 
cotton insect management in the Southeast, where cotton pests are one 
of the primary causes of cotton yield loss and quality damage. 
Investing in this innovative research will help further protect our 
cotton crops, the environment, and our farmers' investment.
  Requesting Member: Congressman Phil Gingrey
  Bill Number: H.R. 1105
  Account: CJS/DOJ/COPS Law Enforcement Technology
  Legal Name of Requesting Entity: Cobb County Government
  Address of Requesting Entity: 100 Cherokee Street, Suite 450; 
Marietta, GA 30090
  Description of request: This bill includes $675,000 for Cobb County, 
GA to establish an interoperable communications system. Cobb County has 
been actively working to establish regional interoperability to improve 
communications and responses to natural or man-made disasters, 
including threats from terrorism.
  Funds for this project will be used to establish microwave 
connectivity, link systems together and upgrade the radio system's 
operating platform so that all systems are functioning at the same 
system level. A wide area network will enable responders from numerous 
agencies in the metro Atlanta region to coordinate responses and assist 
with major crises and disasters, both natural and man-made, including 
small plane crashes, multiple vehicle accidents, chemical spills, 
tornadoes, and acts of terrorism.
  Requesting Member: Congressman Phil Gingrey
  Bill Number: H.R. 1105
  Account: CJS/DOJ/OJP/Edward Byrne Discretionary Grants
  Legal Name of Requesting Entity: Inner Harbour

[[Page 5898]]

  Address of Requesting Entity: 4685 Dorsett Shoals Road; Douglasville, 
GA 30135
  Description of request: This bill includes $100,000 in funding for 
the Inner Harbor EXCEL Program. This request will help fund the EXCEL 
Program which emphasizes experiential education, structured team 
building and outdoor leadership as the methods by which residents 
develop self-discipline, communication, and socialization skills. The 
program reduces present costs to the state for juvenile detention, and 
its low recidivism rates have the potential to save additional funds 
that would otherwise be used to incarcerate at risk youth in their 
adulthood.
  Requesting Member: Congressman Phil Gingrey
  Bill Number: H.R. 1105
  Account: CJS/OJP/Edward Byrne Discretionary Grants
  Legal Name of Requesting Entity: National Center for State Courts
  Address of Requesting Entity: 300 Newport Avenue; Williamsburg, VA 
23185
  Description of request: This bill includes $100,000 for the National 
Center for State Courts' Knowledge Information Services (KIS). KIS 
serves as a library and clearinghouse for Congress, federal agencies, 
and state court constituents, identifying and disseminating best 
practices on all matters related to court administration and state 
courts. Funding would help meet increased demand as courts are faced 
with greater federal requirements. This funding will help with 
education and technical assistance including education programs (both 
in-person and via distance learning) will be developed for judges and 
court personnel as they implement federal policy in areas such as court 
security, sexual predators and stalkers, child welfare, human 
trafficking, data exchange and criminal history information sharing, 
court interpretation, complex litigation. The National Center for State 
Courts will research and distribute information needed to implement 
federal policy and respond to major issues currently facing state 
courts as identified by the Conference of Chief Justices, the 
Conference of State Court Administrators and other key court personnel 
such as immigration, terrorism, healthcare, emergency preparedness, 
global epidemics or pandemics, and court security.
  Requesting Member: Congressman Phil Gingrey
  Bill Number: H.R. 1105
  Account: Energy & Water/Corps of Engineers/Construction
  Legal Name of Requesting Entity: City of Atlanta, Georgia
  Address of Requesting Entity: 55 Trinity Avenue, SW Atlanta, GA 30303
  Description of request: This bill includes $1,818,000 for Atlanta 
environmental infrastructure upgrades. This project would improve 
surface water quality by providing combined sewer capacity relief to 
capture more storm water and sewage flows that will provide as needed 
flood relief in the City. The relief system would allow the flow 
volume, stored on surface streets, to enter the collection system. 
Excess flow volume would be diverted and captured in a deep tunnel 
system for later treatment and release. The overall project budget is 
$3.9 billion and 100% of these funds federally appropriated would be 
obligated directly to sewer repair. To date, two different bond 
initiatives have been put in place--one for $865 million and one for 
$600 million.
  Requesting Member: Congressman Phil Gingrey
  Bill Number: H.R. 1105
  Account: Energy & Water/Corps of Engineers/Operations and Maintenance
  Legal Name of Requesting Entity: United States Army Corps of 
Engineers--Mobile District
  Address of Requesting Entity: P.O. Box 2288, Mobile, AL 36628
  Description of request: This bill includes $6,680,000 for the normal 
operation and maintenance of the Corps of Engineers' Project at Lake 
Allatoona. This project includes a dam, hydroelectric powerhouse, gated 
spillway, reservoir, 27 Corps of Engineers recreation areas and 54 non-
federal recreation areas. The lake is an important source of storage 
for the Atlanta Area's water supply. This is a federally authorized and 
maintained Corps of Engineers project.
  Requesting Member: Congressman Phil Gingrey
  Bill Number: H.R. 1105
  Account: Energy & Water/Corps of Engineers/Operations and Maintenance
  Legal Name of Requesting Entity: United States Army Corps of 
Engineers--Mobile District
  Address of Requesting Entity: P.O. Box 2288, Mobile, AL 36628
  Description of request: This bill includes $7,150,000 for the normal 
operation and maintenance of the Corps of Engineers' Project at 
Carter's Lake. This project includes a dam, hydroelectric powerhouse, 
gated spillway, reservoir, and recreational areas. This reservoir also 
serves as a source of storage for North Georgia's water supply. This is 
a federally authorized and maintained Corps of Engineers project.
  Requesting Member: Congressman Phil Gingrey
  Bill Number: H.R. 1105
  Account: Energy & Water/Corps of Engineers/Operations and Maintenance
  Legal Name of Requesting Entity: United States Army Corps of 
Engineers--Mobile District
  Address of Requesting Entity: P.O. Box 2288, Mobile, AL 36628
  Description of request: This bill includes $3,173,000 for the normal 
operation and maintenance of the Corps of Engineers' Project on the 
Apalachicola, Chattahoochee & Flint Rivers. This operation and 
maintenance project is critical to the interstate water needs of 
Georgia, Florida, and Alabama. This is a federally authorized and 
maintained Corps of Engineers project.
  Requesting Member: Congressman Phil Gingrey
  Bill Number: H.R. 1105
  Account: Energy & Water/Corps of Engineers/Operations and Maintenance
  Legal Name of Requesting Entity: United States Army Corps of 
Engineers--Mobile District
  Address of Requesting Entity: P.O. Box 2288, Mobile, AL 36628
  Description of request: This bill includes $7,376,000 for the normal 
operation and maintenance of the Corps of Engineers' Project at Lake 
Syndey Lanier and Buford Dam. This project includes a dam, reservoir, 
and recreational areas. This reservoir also serves as an important 
storage supply for Metropolitan Atlanta and Northeast Georgia. This is 
a federally authorized and maintained Corps of Engineers project.
  Requesting Member: Congressman Phil Gingrey
  Bill Number: H.R. 1105
  Account: Energy & Water/Corps of Engineers/Operations and Maintenance
  Legal Name of Requesting Entity: United States Army Corps of 
Engineers--Mobile District
  Address of Requesting Entity: P.O. Box 2288, Mobile, AL 36628
  Description of request: This bill includes $6,912,000 for the normal 
operation and maintenance of the Corps of Engineers' Project at West 
Point Dam and Lake. This project includes a dam, reservoir, and 
recreational areas. This is a federally authorized and maintained Corps 
of Engineers project.
  Requesting Member: Congressman Phil Gingrey
  Bill Number: H.R. 1105
  Account: Interior/EPA/STAG
  Legal Name of Requesting Entity: City of Atlanta, Georgia
  Address of Requesting Entity: 55 Trinity Avenue, SW Atlanta, GA 30303
  Description of request: This bill includes $300,000 to provide 
quality water and sewer services to the residents of Atlanta and South 
Fulton County, GA. This project includes inspection and repair of 2,200 
miles of sanitary sewers throughout the City of Atlanta to improve 
surface water quality and capture. The overall project budget is $3.9 
billion and 100% of these federally appropriated funds would be 
obligated directly to sewer repair.
  Requesting Member: Congressman Phil Gingrey
  Bill Number: H.R. 1105
  Account: Health & Human Services/HRSA
  Legal Name of Requesting Entity: Cobb County Board of Commissioners
  Address of Requesting Entity: 100 Cherokee Street, Suite 300 
Marietta, GA 30090
  Description of request: This bill includes $476,000 for use in the 
construction of a new 22,000 sq. ft. state-of-the-art Multipurpose 
Senior Health Center in Marietta for seniors in underserved parts of 
the County. The Center will offer a variety of programs and services 
designed to meet the physical, mental, educational, and social needs 
and interests of its users, both ``well'' seniors and ``frail'' 
seniors. 100% of these funds will be used for renovation of an existing 
structure.
  Requesting Member: Congressman Phil Gingrey
  Bill Number: H.R. 1105
  Account: HUD/EDI
  Legal Name of Requesting Entity: Paulding County
  Address of Requesting Entity: 166 Confederate Avenue, Dallas, GA 
30132
  Description of request: This bill includes $190,000 to be used for 
site preparation for the Paulding County Airport and Business 
Technology Park. This business park will encourage balanced, 
sustainable growth in this

[[Page 5899]]

fast-growing county, focusing on economic development efforts for 
recruiting new business and balancing its thriving new-home building 
industry with sustainable jobs and businesses. 100% of these funds will 
be used for dirt removal and site preparation so that construction can 
begin.
  Requesting Member: Congressman Phil Gingrey
  Bill Number: H.R. 1105
  Account: HUD/EDI
  Legal Name of Requesting Entity: City of Kennesaw, GA
  Address of Requesting Entity: 2529 J. O. Stephenson Ave., Kennesaw, 
GA 30144
  Description of request: This bill includes $71,250 for use in the 
construction of a downtown plaza and amphitheater as part of a greater 
redevelopment of the central public venue in the downtown area. This 
$71,250 will be applied to the over $2,000,000 required to construct 
the downtown plaza and amphitheater. This downtown area currently sits 
across from the Southern Museum of Civil War and Locomotive History.
  Requesting Member: Congressman Phil Gingrey
  Bill Number: H.R. 1105
  Account: DOT/FHWA/Interchange Maintenance
  Legal Name of Requesting Entity: Georgia Department of Transportation
  Address of Requesting Entity: #2 Capitol Square, Atlanta, GA 30334
  Description of request: This bill includes $712,500 for the 
construction of a fully directional interchange on I-75 near Third Army 
Road and US Highway 41. The proposed project will reconstruct Third 
Army Road north of the existing roadway from the interchange to US 
Highway 41. The existing Third Army Road would remain in order to 
facilitate local access to residential properties in the area. The 
interstate ramps would extend along I-75 approximately 1,500 feet. The 
project will serve northwest Cobb, northeast Paulding, and southeast 
Bartow, an area that has been experiencing high residential growth over 
the past few years. 100% of this funding will be used for the initial 
preliminary engineering phase.
  Requesting Member: Congressman Phil Gingrey
  Bill Number: H.R. 1105
  Account: DOT/FHWA/TCSP
  Legal Name of Requesting Entity: Georgia Department of Transportation
  Address of Requesting Entity: #2 Capitol Square, Atlanta, GA 30334
  Description of request: This bill includes $190,000 to relocate and 
widen SR 113 in Bartow County, GA to four lanes for one mile, from Old 
Alabama Road to SR 61 south of Cartersville. This new connection will 
reduce congestion and improve safety. 100% of this funding will be used 
to the ongoing construction phase of this project.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                        HON. SUE WILKINS MYRICK

                           of north carolina

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mrs. MYRICK. Madam Speaker, I submit the following:
  Requesting Member: Congresswoman Sue Myrick
  Bill Number: H.R. 1105
  Account: Subcommittee on Commerce, Justice and Science, International 
Trade Administration
  Legal Name of Requesting Entity: North Carolina State University and 
[TCY]
  Address of Requesting Entity: Contracts and Grants, Administrative 
Services Building III, Raleigh, NC 27695; and 211 Gregson Drive, Cary, 
NC 27511
  Description of Request: The final bill provides $100,000 to the 
National Textile Center and Textile/Clothing Technology Corporation 
[TC]\2\ for textile research programs through the International Trade 
Administration (ITA). The National Textile Center was established to 
develop new materials; to provide trained personnel, industrial 
partnerships and technology transfer mechanisms; and to strengthen the 
nation's textile research and education efforts. [TC]\2\ is a 
consortium of fiber, fabric and apparel producers, organized labor 
groups, retailers, academic institutions and government agencies 
focused mainly on improving textile and apparel production techniques.
  Requesting Member: Congresswoman Sue Myrick
  Bill Number: H.R. 1105
  Account: Subcommittee on Commerce, Justice and Science, OJP--Byrne 
Discretionary Grants account
  Legal Name of Requesting Entity: Central Piedmont Community College
  Address of Requesting Entity: P.O. Box 35009, Charlotte, NC 28235
  Description of Request: The final bill provides $500,000 to allow 
Central Piedmont Community College to leverage its computer forensics 
expertise to further develop a specialized computer forensics 
curriculum for law enforcement, integrating cyber security business 
sector training. This funding will further expand the audience of the 
American Academy for Applied Forensics and provide state-of-the-art 
crime scene prevention and investigation training or retraining to over 
750 participants per year, including law enforcement officers and 
investigators, banking and financial services technicians, crime 
laboratory personnel, public school resource officers, probation 
officers and social services professionals. Federal funding for this 
project will be used to develop new Computer Forensic/Cyber Crime 
coursework for law enforcement and private sector training, purchase 
emerging technology and equipment for instructional purposes, and 
implement state-of-the-art training for the region.
  Requesting Member: Congresswoman Sue Myrick
  Bill Number: H.R. 1105
  Account: Transportation, Housing, and Urban Development, and Related 
Agencies, New Starts/Fixed Guideway account
  Legal Name of Requesting Entity: Charlotte Rapid Transit Extension, 
Charlotte, NC
  Address of Requesting Entity: 600 East Fourth Street, Charlotte, NC 
28202
  Description of Request: The final bill provides $20,500,000 to 
support The Northeast Corridor Light Rail Project. One of Charlotte's 
six transit corridors, the project extends 11 miles from Center City 
Charlotte through the North Davidson Street and University City areas 
to I-485 northeast of UNCC. The dual track system will be considered an 
extension of the South Corridor with 14 proposed stations. Although the 
exact alignment has not been finalized, it will operate generally 
within the existing railroad right of way from Center City to North 
Davidson and then remain within the North Tryon (US 29) right of way 
from Sugar Creek to I-485 north of UNCC.
  Requesting Member: Congresswoman Sue Myrick
  Bill Number: H.R. 1105
  Account: Transportation, Housing, and Urban Development, and Related 
Agencies, Transportation Planning, Research, and Development account
  Legal Name of Requesting Entity: North Carolina Department of 
Transportation
  Address of Requesting Entity: 1 South Wilmington Street, Raleigh, NC 
27601
  Description of Request: The final bill provides $237,500 to construct 
the US 74 Monroe Bypass and Bypass Connector.
  Requesting Member: Congresswoman Sue Myrick
  Bill Number: H.R. 1105
  Account: Transportation, Housing, and Urban Development, and Related 
Agencies, Economic Development Initiatives account
  Legal Name of Requesting Entity: Town of Huntersville
  Address of Requesting Entity: P.O. Box 664, 101 Huntersville-Concord 
Road, Huntersville, NC 28070
  Description of Request: The final bill provides $142,500 to support 
engineering, construction, and restoration along the ``Gilead Road 
Corridor.'' This includes the creation of a civic plaza adjacent to 
town hall, construction of a multi-purpose town hall complex, including 
municipal offices, public safety offices, and creation of the Discovery 
Place Kids Museum in the town center and within walking distance to 
Huntersville Elementary School; development of an arts and cultural 
center, improved public streets, improved and additional streetscape 
along Gilead Road, and pedestrian walkways and bicycle lanes. The 
Project is associated with the overall plan of improved access and 
attractiveness for new and expanded retail and commercial business in 
the Town, as well as access to education resources and local government 
services. Upon completion, the Project will provide increased access 
(vehicular and pedestrian) to town merchants in a manner designed to 
increase commerce, improve safety, create jobs, and relieve traffic 
congestion presently experienced on State Highway 115.
  Requesting Member: Congresswoman Sue Myrick
  Bill Number: H.R. 1105
  Account: Transportation, Housing, and Urban Development, and Related 
Agencies Appropriations bill
  Legal Name of Requesting Entity: Gaston County, NC
  Address of Requesting Entity: 128 W. Main Ave., Gastonia, NC 28053
  Description of Request: The final bill provides $380,000 to begin 
preliminary engineering related to the Parkway following January 2009 
completion of the planning and environmental studies currently 
underway.

[[Page 5900]]



                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                            HON. KEN CALVERT

                             of california

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. CALVERT. Madam Speaker, pursuant to the Republican Leadership 
standards on earmarks, I am submitting the following information 
regarding earmarks I received as part of the FY 2009 Omnibus.
  Requesting Member: Congressman Ken Calvert
  Bill Number: FY 2009 Omnibus
  Account: DOJ, COPS Law Enforcement Technology
  Legal Name of Requesting Entity: City of Corona Police Department
  Address of Requesting Entity: 849 W. Sixth Street, Corona, 
California, 92882
  Description of Request: I have secured $330,000 for the City of 
Corona Police Department for Interoperability Equipment. The funding 
would be used to replace outdated communication technology through the 
purchase of new equipment including new microwave dishes, control 
station antennas, and new local base station radio equipment. I certify 
that this project does not have a direct and foreseeable effect on any 
of my pecuniary interests.
  Requesting Member: Congressman Ken Calvert
  Bill Number: FY 2009 Omnibus
  Account: DOJ, COPS Law Enforcement Technology
  Legal Name of Requesting Entity: City of Corona Police Department
  Address of Requesting Entity: 849 W. Sixth Street, Corona, 
California, 92882
  Description of Request: I have secured $325,000 for the City of 
Corona Police Department for the Public Safety Wireless Network. The 
funding would be used to complete work on a high speed wireless network 
to allow mobile access by Police Officers and Firefighters to the City 
wireless network and other resources available through the internet. 
The funding would be used to purchase approximately 10 to 12 base 
station/repeaters with a mobile device to be installed in each City 
police and fire vehicle. I certify that this project does not have a 
direct and foreseeable effect on any of my pecuniary interests.
  Requesting Member: Congressman Ken Calvert
  Bill Number: FY 2009 Omnibus
  Account: DOJ, OJP--Byrne Discretionary Grants
  Legal Name of Requesting Entity: Office of the Orange County District 
Attorney
  Address of Requesting Entity: 401 Civic Center Drive West, Santa Ana, 
California, 92701
  Description of Request: I have secured $500,000 for the Office of the 
Orange County District Attorney for the DNA Expansion Project. The 
funding would be used to purchase DNA mobile collection vehicles and 
related equipment, supplies and DNA processing. I certify that this 
project does not have a direct and foreseeable effect on any of my 
pecuniary interests.
  Requesting Member: Congressman Ken Calvert
  Bill Number: FY 2009 Omnibus
  Account: OJP--Byrne Discretionary Grants
  Legal Name of Requesting Entity: Riverside County Probation 
Department
  Address of Requesting Entity: 3801 University Avenue, Suite 400 
Riverside, California, 92501
  Description of Request: I have secured $500,000 for the Riverside 
County Probation Department for an Automated Kiosk Reporting System. 
The funding would be used to purchase 15 automated kiosk reporting 
systems to be placed at government buildings throughout the county at 
where offenders would report on a regular basis as directed by their 
probation officer. I certify that this project does not have a direct 
and foreseeable effect on any of my pecuniary interests.
  Requesting Member: Congressman Ken Calvert
  Bill Number: FY 2009 Omnibus
  Account: DOJ, OJP--Byrne Discretionary Grants
  Legal Name of Requesting Entity: San Bernardino and Riverside 
Counties, CA
  Address of Requesting Entity: Riverside County Sheriff's Department--
4095 Lemon Street, Riverside, California 92501, San Bernardino County 
Sheriff's Department--655 East Third Street, San Bernardino, California 
92415
  Description of Request: I have secured $1,925,000 for San Bernardino 
and Riverside Counties for the joint Regional Fingerprint 
Identification Project. The funding would be used for ongoing product 
development, research and pilot programs of the identification project 
which provides fingerprint, photo and DNA services to all public safety 
agencies including local police departments, district attorney, school 
districts, coroner and Sheriffs' Departments in Riverside and San 
Bernardino counties. I certify that this project does not have a direct 
and foreseeable effect on any of my pecuniary interests.
  Requesting Member: Congressman Ken Calvert
  Bill Number: FY 2009 Omnibus
  Account: DOJ, COPS Law Enforcement Technology
  Legal Name of Requesting Entity: City of Riverside
  Address of Requesting Entity: 3900 Main Street, Riverside, 
California, 92522
  Description of Request: I have secured $895,000 for the City of 
Riverside for the Public Safety Interoperability System. The funding 
would be used for the purchase of satellite phones as well as the 
acquisition, installation, and first year maintenance of Internet 
Protocol (IP) based radio ``gateways'' and Mobile Satellite WLAN/IP 
Broadband to achieve interoperability. I certify that this project does 
not have a direct and foreseeable effect on any of my pecuniary 
interests.
  Requesting Member: Congressman Ken Calvert
  Bill Number: FY 2009 Omnibus
  Account: Department of Education, Fund for the Improvement of 
Education (FIE) account
  Legal Name of Requesting Entity: Riverside Unified School District
  Address of Requesting Entity: 3380 14th Street, Riverside, California 
92501
  Description of Request: I have secured $238,000 for the Riverside 
Unified School District Virtual School Program. The funding will be 
used to provide additional curricular content for the online education 
program. I certify that this project does not have a direct and 
foreseeable effect on any of my pecuniary interests.
  Requesting Member: Congressman Ken Calvert
  Bill Number: FY 2009 Omnibus
  Account: Department of Education, Fund for the Improvement of 
Education (FIE) account
  Legal Name of Requesting Entity: Riverside County Office of Education
  Address of Requesting Entity: 3939 13th Street, Riverside California 
92501
  Description of Request: I have secured $476,000 for the Riverside 
County Office of Education School Dropout Prevention and Student 
Success Initiative. The funding will be used to conduct research and 
implement reforms to address the origins of students dropping out and 
to devise solutions to keep students in school and promote their 
academic success. I certify that this project does not have a direct 
and foreseeable effect on any of my pecuniary interests.
  Requesting Member: Congressman Ken Calvert
  Bill Number: FY 2009 Omnibus
  Account: Department of Education, Fund for the Improvement of 
Postsecondary Education (FIPSE) account
  Legal Name of Requesting Entity: California Baptist University
  Address of Requesting Entity: 8432 Magnolia Avenue, Riverside, 
California 92504
  Description of Request: I have secured $238,000 for the California 
Baptist University Equipment Modernization and Health Care Training 
Initiative. The funding will be used to purchase specialized equipment 
for the School of Engineering and the School of Nursing. I certify that 
this project does not have a direct and foreseeable effect on any of my 
pecuniary interests.
  Requesting Member: Congressman Ken Calvert
  Bill Number: FY 2009 Omnibus
  Account: Department of Education, Fund for the Improvement of 
Postsecondary Education (FIPSE) account
  Legal Name of Requesting Entity: La Sierra University
  Address of Requesting Entity: 4500 Riverwalk Parkway, Riverside, 
California 92515
  Description of Request: I have secured $143,000 for the La Sierra 
University Integrated Biological and Physical Science Laboratory. The 
funding will be used to purchase equipment for an integrated biological 
and physical science laboratory. I certify that this project does not 
have a direct and foreseeable effect on any of my pecuniary interests.
  Requesting Member: Congressman Ken Calvert
  Bill Number: FY 2009 Omnibus
  Account: Department of Labor, Health and Human Services, Health 
Resources and Services Administration (HRSA) account
  Legal Name of Requesting Entity: Riverside Community College District
  Address of Requesting Entity: 4800 Magnolia Avenue, Riverside, 
California 92506
  Description of Request: I have secured $333,000 for the Riverside 
Community College

[[Page 5901]]

District Allied Health Sciences Program. The funding will be used to 
purchase equipment for the Allied Health Sciences Program. I certify 
that this project does not have a direct and foreseeable effect on any 
of my pecuniary interests.
  Requesting Member: Congressman Ken Calvert
  Bill Number: FY 2009 Omnibus
  Account: Department of Labor, Health and Human Services, Health 
Resources and Services Administration (HRSA) account
  Legal Name of Requesting Entity: Riverside County Regional Medical 
Center
  Address of Requesting Entity: 26520 Cactus Avenue, Riverside, 
California 92555
  Description of Request: I have secured $523,000 for the Riverside 
County Regional Medical Center Facilities and Equipment Funding. The 
funding will be used to expand and renovate the trauma unit at the 
Riverside County Regional Medical Center. I certify that this project 
does not have a direct and foreseeable effect on any of my pecuniary 
interests.
  Requesting Member: Congressman Ken Calvert
  Bill Number: FY 2009 Omnibus
  Account: Natural Resources Conservation Service, Conservation 
Operations
  Legal Name of Requesting Entity: Municipal Water District of Orange 
County
  Address of Requesting Entity: 10500 Ellis Avenue, Fountain Valley, CA 
92728.
  Description of Request: I secured $134,000 for the Municipal Water 
District of Orange County for Efficient Irrigation. The funding would 
be used to continue the installation of a smart irrigation controller 
system that uses cutting edge technology to regulate the amount of 
water that is delivered based on weather conditions, soil, slope, and 
type of landscape. I certify that this project does not have a direct 
and foreseeable effect on any of my pecuniary interests.
  Requesting Member: Congressman Ken Calvert
  Bill Number: FY 2009 Omnibus
  Account: Natural Resources Conservation Service, Cooperative State 
Research, Education, and Extension Service
  Legal Name of Requesting Entity: University of California, Division 
of Agriculture and Natural Resources
  Address of Requesting Entity: 1111 Franklin Street, 6th Floor, 
Oakland, CA 94607
  Description of Request: I secured $1,531,000 for the Pierce's Disease 
Research Program. The requested funding will allow the University of 
California to conduct competitive research projects for Pierce's 
Disease focusing on wine-grape growing regions and counties as well as 
for Invasive Species emphasizing on high priority introductions. I 
certify that this project does not have a direct and foreseeable effect 
on any of my pecuniary interests.
  Requesting Member: Congressman Ken Calvert
  Bill Number: FY 2009 Omnibus
  Account: U.S. Army Corps of Engineers, General Investigations
  Legal Name of Receiving Entity: U.S. Army Corps of Engineers, Los 
Angeles District
  Address of Receiving Entity: 915 Wilshire Blvd. Suite 980, Los 
Angeles, CA 90017
  Description of Request: I secured $369,000 for the Aliso Creek, CA 
project. The funding would be used for the Aliso Creek, CA watershed 
project in Orange County, CA. I certify that this project does not have 
a direct and foreseeable effect on any of my pecuniary interests.
  Requesting Member: Congressman Ken Calvert
  Bill Number: FY 2009 Omnibus
  Account: U.S. Army Corps of Engineers, General Investigations
  Legal Name of Receiving Entity: U.S. Army Corps of Engineers, Los 
Angeles District
  Address of Receiving Entity: 915 Wilshire Blvd. Suite 980, Los 
Angeles, CA 90017
  Description of Request: I secured $215,000 for the Heacock and Cactus 
Channels, CA project. The funding would be used for the Heacock and 
Cactus Channels flood control project in southern California. I certify 
that this project does not have a direct and foreseeable effect on any 
of my pecuniary interests.
  Requesting Member: Congressman Ken Calvert
  Bill Number: FY 2009 Omnibus
  Account: U.S. Army Corps of Engineers, General Investigations
  Legal Name of Receiving Entity: U.S. Army Corps of Engineers, Los 
Angeles District
  Address of Receiving Entity: 915 Wilshire Blvd. Suite 980, Los 
Angeles, CA 90017
  Description of Request: I secured $339,000 for the Riverside County 
Special Area Management Plan (SAMP), CA. The funding would be used to 
complete work on the Riverside County SAMP for the San Jacinto and 
Santa Margarita River Watersheds in Riverside County, CA. I certify 
that this project does not have a direct and foreseeable effect on any 
of my pecuniary interests.
  Requesting Member: Congressman Ken Calvert
  Bill Number: FY 2009 Omnibus
  Account: U.S. Army Corps of Engineers, General Investigations
  Legal Name of Receiving Entity: U.S. Army Corps of Engineers, Los 
Angeles District
  Address of Receiving Entity: 915 Wilshire Blvd. Suite 980, Los 
Angeles, CA 90017
  Description of Request: I secured $382,000 for the San Clemente 
Shoreline, CA project. The funding would be used for a shoreline 
protection project in San Clemente, CA. I certify that this project 
does not have a direct and foreseeable effect on any of my pecuniary 
interests.
  Requesting Member: Congressman Ken Calvert
  Bill Number: FY 2009 Omnibus
  Account: U.S. Army Corps of Engineers, General Investigations
  Legal Name of Receiving Entity: U.S. Army Corps of Engineers, Los 
Angeles District
  Address of Receiving Entity: 915 Wilshire Blvd. Suite 980, Los 
Angeles, CA 90017
  Description of Request: I secured $717,000 for the San Juan Creek, 
South Orange County, CA project. The funding would be used for the San 
Juan Creek flood control project in Orange County, CA. I certify that 
this project does not have a direct and foreseeable effect on any of my 
pecuniary interests.
  Requesting Member: Congressman Ken Calvert
  Bill Number: FY 2009 Omnibus
  Account: U.S. Army Corps of Engineers, Construction
  Legal Name of Receiving Entity: U.S. Army Corps of Engineers, Los 
Angeles District
  Address of Receiving Entity: 915 Wilshire Blvd. Suite 980, Los 
Angeles, CA 90017
  Description of Request: I secured $3,349,000 for the Murrieta Creek, 
CA project. The funding would be used for the Murrieta Creek, CA flood 
control project in Riverside County, CA. I certify that this project 
does not have a direct and foreseeable effect on any of my pecuniary 
interests.
  Requesting Member: Congressman Ken Calvert
  Bill Number: FY 2009 Omnibus
  Account: U.S. Army Corps of Engineers, Construction
  Legal Name of Receiving Entity: U.S. Army Corps of Engineers, Los 
Angeles District
  Address of Receiving Entity: 915 Wilshire Blvd. Suite 980, Los 
Angeles, CA 90017
  Description of Request: I secured $14,000,000 for the Santa Ana River 
Mainstem, CA project. The funding would be used for the Santa Ana River 
Mainstem flood control project in southern California. I certify that 
this project does not have a direct and foreseeable effect on any of my 
pecuniary interests.
  Requesting Member: Congressman Ken Calvert
  Bill Number: FY 2009 Omnibus
  Account: U.S. Army Corps of Engineers, Construction
  Legal Name of Receiving Entity: U.S. Army Corps of Engineers, Los 
Angeles District
  Address of Receiving Entity: 915 Wilshire Blvd. Suite 980, Los 
Angeles, CA 90017
  Description of Request: I secured $946,000 for the South Perris, CA 
project. The funding would be used to produce potable water from an 
otherwise unusable groundwater resource through the construction of a 
three million-gallon per day reverse osmosis desalter, feed-water 
pipelines, and brackish water wells in the Perris South sub-basin. I 
certify that this project does not have a direct and foreseeable effect 
on any of my pecuniary interests.
  Requesting Member: Congressman Ken Calvert
  Bill Number: FY 2009 Omnibus
  Account: U.S. Army Corps of Engineers, Construction
  Legal Name of Receiving Entity: U.S. Army Corps of Engineers, Los 
Angeles District
  Address of Receiving Entity: 915 Wilshire Blvd. Suite 980, Los 
Angeles, CA 90017
  Description of Request: I secured $2,871,000 for the Upper Newport 
Bay, CA project. The funding would be used for the Upper Newport Bay 
ecosystem restoration project in Orange County, CA. I certify that this 
project does not have a direct and foreseeable effect on any of my 
pecuniary interests.
  Requesting Member: Congressman Ken Calvert
  Bill Number: FY 2009 Omnibus
  Account: Bureau of Reclamation, Water and Related Resources
  Legal Name of Requesting Entity: Inland Empire Utilities Agency
  Address of Requesting Entity: 6075 Kimball Avenue, Chino, CA 91710

[[Page 5902]]

  Description of Request: I secured $5,000,000 for the Inland Empire 
Regional Water Recycling project. The funding would be for continued 
construction of the Inland Empire Regional Water Recycling Project in 
California. I certify that this project does not have a direct and 
foreseeable effect on any of my pecuniary interests.
  Requesting Member: Congressman Ken Calvert
  Bill Number: FY 2009 Omnibus
  Account: Bureau of Reclamation, Water and Related Resources
  Legal Name of Requesting Entity: Orange County Water District
  Address of Requesting Entity: 10500 Ellis Avenue, Fountain Valley, CA 
92708
  Description of Request: I secured $540,000 for the Orange County 
Regional Water Reclamation Project. The funding would be used for the 
completion of the Orange County Regional Water Reclamation Project in 
Orange County, CA. I certify that this project does not have a direct 
and foreseeable effect on any of my pecuniary interests.
  Requesting Member: Congressman Ken Calvert
  Bill Number: FY 2009 Omnibus
  Account: Bureau of Reclamation, Water and Related Resources
  Legal Name of Requesting Entity: Western Municipal Water District
  Address of Requesting Entity: 450 Alessandro Boulevard, Riverside, 
CA, 92508
  Description of Request: I secured $100,000 for the Riverside-Corona 
Feeder. The funding would continue the feasibility study for the 
Riverside-Corona Feeder project. The project proposes to manage the 
ground water levels by the construction of ground water wells and 
pumping capacity to deliver the pumped ground water supply to water 
users. A new water conveyance pipeline is also proposed that will serve 
western Riverside County. I certify that this project does not have a 
direct and foreseeable effect on any of my pecuniary interests.
  Requesting Member: Congressman Ken Calvert
  Bill Number: FY 2009 Omnibus
  Account: Environmental Protection Agency, State and Tribal Assistance 
Grants
  Legal Name of Requesting Entity: City of Norco
  Address of Requesting Entity: 2870 Clarke Avenue, Norco, CA 92860
  Description of Request: I secured $500,000 for the City of Norco, 
Norco Water Treatment Plant Improvements. It is my understanding that 
the funding would be used for water treatment facilities in the City of 
Norco, CA. I certify that this project does not have a direct and 
foreseeable effect on any of my pecuniary interests.
  Requesting Member: Congressman Ken Calvert
  Bill Number: FY 2009 Omnibus
  Account: Environmental Protection Agency, State and Tribal Assistance 
Grants
  Legal Name of Requesting Entity: Orange County Sanitation District
  Address of Requesting Entity: 10844 Ellis Avenue, Fountain Valley, CA 
92646
  Description of Request: I secured $300,000 for the Orange County 
Sanitation District Secondary Treatment Upgrades. It is my 
understanding that the funding would be used for construction of 
upgraded wastewater treatment facilities in Orange County, CA. I 
certify that this project does not have a direct and foreseeable effect 
on any of my pecuniary interests.
  Requesting Member: Congressman Ken Calvert
  Bill Number: FY 2009 Omnibus
  Account: Environmental Protection Agency, State and Tribal Assistance 
Grants
  Legal Name of Requesting Entity: Association of Metropolitan Water 
Agencies
  Address of Requesting Entity: 1620 I Street, NW, Suite 500, 
Washington, DC, 20006
  Description of Request: I secured $2,000,000 for the Water 
Information Sharing and Analysis Center (WaterISAC). It is my 
understanding that the funding would be used for intelligence 
collection and analysis in support of state drinking water agencies, 
the Environmental Protection Agency, and the Department of Homeland 
Security. WaterISAC shares intelligence and security threat information 
with general managers and security managers of public water agencies 
throughout the nation. I certify that this project does not have a 
direct and foreseeable effect on any of my pecuniary interests.
  Requesting Member: Congressman Ken Calvert
  Bill Number: FY 2009 Omnibus
  Account: Federal Transit Agency, Bus and Bus Facilities
  Legal Name of Requesting Entity: Riverside Transit Agency
  Address of Requesting Entity: 1825 Third Street, Riverside, CA, 92507
  Description of Request: I secured $950,000 for the Riverside and 
Corona Transit Centers. The funding would be for the construction of 
transit centers in cities of Riverside and Corona, CA. On June 18, 
2008, I received guidance from the Committee on Standards of Official 
Conduct that confirmed my belief that I do not have a financial 
interest in seeking funding in the Fiscal Year 2009 Transportation and 
Housing and Urban Development Appropriations bill for the Riverside and 
Corona Transit Centers project.
  Requesting Member: Congressman Ken Calvert
  Bill Number: FY 2009 Omnibus
  Account: Federal Highway Administration, Interstate Maintenance
  Legal Name of Requesting Entity: Orange County Transportation 
Authority
  Address of Requesting Entity: 550 South Main Street, Orange, CA, 
92863
  Description of Request: I secured $237,000 for San Diego Freeway (I-
5) Widening and Improvement. It is my understanding that the funding 
would be used to add additional freeway capacity along Interstate 5 in 
south Orange County with consideration for a potential connection with 
planned San Diego County high occupancy vehicle lanes on Interstate 5. 
I certify that this project does not have a direct and foreseeable 
effect on any of my pecuniary interests.
  Requesting Member: Congressman Ken Calvert
  Bill Number: FY 2009 Omnibus
  Account: Federal Highway Administration, Surface Transportation 
Priorities
  Legal Name of Requesting Entity: Riverside County Transportation 
Commission
  Address of Requesting Entity: 4080 Lemon Street, 3rd Floor, 
Riverside, CA 92501
  Description of Request: I secured $570,000 for the Alameda Corridor 
East Grade Separations in Riverside County. It is my understanding that 
the funding would be used to construct grade separations in Riverside 
County. The Riverside County Transportation Commission would use the 
funds to address the 61 at-grade highway-rail crossings on the mainline 
of the Union Pacific and Burlington Northern Santa Fe railroad lines in 
Riverside County. I certify that this project does not have a direct 
and foreseeable effect on any of my pecuniary interests.
  Requesting Member: Congressman Ken Calvert
  Bill Number: FY 2009 Omnibus
  Account: Federal Highway Administration, Surface Transportation 
Priorities
  Legal Name of Requesting Entity: Orange County Transportation 
Authority
  Address of Requesting Entity: 550 South Main Street, Orange, CA 92868
  Description of Request: I secured $475,000 for SR-91 Improvements, 
Orange and Riverside Counties, CA. It is my understanding that the 
funding would be used to make improvements along SR-91, including the 
SR-91/SR-55 interchange, SR-241 interchange and adding one lane in each 
direction along the SR-91 from the SR-241 to the Orange and Riverside 
County line. I certify that this project does not have a direct and 
foreseeable effect on any of my pecuniary interests.
  Requesting Member: Congressman Ken Calvert
  Bill Number: FY 2009 Omnibus
  Account: Housing and Urban Development, Economic Development 
Initiatives
  Legal Name of Requesting Entity: City of San Clemente
  Address of Requesting Entity: 1000 Avenida Presidio, San Clemente, 
CA, 92672
  Description of Request: I secured $285,000 for the San Clemente 
Coastal Trail. The funding would be for the construction of the San 
Clemente Coastal Trail. I certify that this project does not have a 
direct and foreseeable effect on any of my pecuniary interests.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                           HON. RALPH M. HALL

                                of texas

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. HALL of Texas. 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, FY2009 
Omnibus Appropriations Act:
  Requesting Member: Congressman Ralph M. Hall
  Bill Number: H.R. 1105, FY 2009 Omnibus
  Account: Operation and Management
  Legal Name of Requesting Entity: U.S. Army Corps of Engineers, Tulsa 
District and City of Denison.
  Address of Requesting Entity: 1645 101 East Avenue, Tulsa, OK 74128

[[Page 5903]]

  Description of Request: I have secured $238,000 for the City of 
Denison. The funding will be used to approve access to the water for 
this project that the entire Lake Texoma Shoreline Management Plan. 
According to the U.S. Army Corps of Engineers, the Lake Texoma 
Shoreline Management Plan was opened for a 30-day review in November, 
2004, which resulted in the conclusion that a Final Environmental 
Impact Statement would be required. I certify that neither I nor my 
spouse has any financial interest in this project.
  Requesting Member: Congressman Ralph M. Hall
  Bill Number: H.R. 1105, FY 2009 Omnibus
  Account: Science
  Legal Name of Requesting Entity: Texas A&M University-Commerce
  Address of Requesting Entity: 2600 South Neal Street, Commerce, TX 
75428
  Description of Request: I have secured $380,600 for Texas A&M 
University-Commerce. Funding would be used to implement and operate a 
high-powered computing grid (a virtual computing environment) that will 
facilitate the solution of interdisciplinary computational and 
engineering models, and to develop a computational model of complex 
electromagnetic wave transmission, propagation, and reception, and 
analyze that model using new Computational Science methods within the 
virtual computing environment. I certify that neither I nor my spouse 
has any financial interest in this project.
  Requesting Member: Congressman Ralph M. Hall
  Bill Number: H.R. 1105, FY 2009 Omnibus
  Account: MRT Construction
  Legal Name of Requesting Entity: Red River Valley Association
  Address of Requesting Entity: P.O. Box 709, Shreveport, LA 71162
  Description of Request: I have secured $2,201,000 for the Red River 
Chloride Project, TX & OK. This project is designed to control natural 
chloride brine emissions at three major source areas to improve water 
quality for municipal, industrial, and agricultural use. Funding would 
be used to improve construction of low flow dams, pump stations, and 
diversion pipelines to Truscott Brine Dam. This project is a select 
major water strategy of the 2007 Texas Water Plan for the region and 
recently the state of Oklahoma expressed a renewed interest in the Area 
VI element of the project and supports the Area VI reevaluation efforts 
underway. Area VI is located on the Elm Fork of the North Fork of the 
Red River in Harmon County, Oklahoma. I certify that neither I nor my 
spouse has any financial interest in this project.
  Requesting Member: Congressman Ralph M. Hall
  Bill Number: H.R. 1105, FY 2009 Omnibus
  Account: Museums and Libraries
  Legal Name of Requesting Entity: University of Texas--Center for 
American History
  Address of Requesting Entity: SRH2.101, 1 University Station D1100, 
Austin, TX 78712
  Description of Request: I have secured $285,000 for the Sam Rayburn 
Library and Museum located in Bonham, Texas, one of five divisions of 
the University's Center for American History. The funding would be used 
to expand educational and program services to more people, area 
educational organizations and traditionally underserved populations to 
meet the public education mission of the University of Texas at Austin 
and the Center for American History. The National Historic Landmark is 
the creation of the man who served as Speaker of the United States 
House of Representatives longer than any other person: Sam Taliaferro 
Rayburn (1882-1961). Known affectionately as ``Mr. Sam'' by his friends 
and colleagues, Rayburn established the library and museum in 1957 as a 
tribute to the people of his district and for future generations. I 
certify that neither I nor my spouse has any financial interest in this 
project.
  Requesting Member: Congressman Ralph M. Hall
  Bill Number: H.R. 1105, FY 2009 Omnibus
  Account: Elementary and Secondary Education (includes FIE)
  Legal Name of Requesting Entity: Communities in Schools of Northeast 
Texas
  Address of Requesting Entity: 2886 FM 1734 Chapel Hill Rd, Mount 
Pleasant, TX 75455.
  Description of Request: I have secured $143,000 for Communities in 
Schools of Northeast Texas in Mount Pleasant. Funding would be used to 
continue the recognized prevention program and would be used for 
program maintenance, expansion of current programs and replication in 
areas where no CIS is located. I certify that neither I nor my spouse 
has any financial interest in this project.
  Requesting Member: Congressman Ralph M. Hall
  Bill Number: H.R. 1105, FY 2009 Omnibus
  Account: COPS Law Enforcement Technology
  Legal Name of Requesting Entity: City of McKinney
  Address of Requesting Entity: 222 N Tennessee, McKinney, TX 75070
  Description of Request: I have secured $300,000 for the City of 
McKinney. Funding for this project would be used to replace its current 
analog system with digital technology that ensures interoperability 
capabilities, eliminates coverage deficiencies, and accommodates future 
growth. I certify that neither I nor my spouse has any financial 
interest in this project.
  Requesting Member: Congressman Ralph M. Hall
  Bill Number: H.R. 1105, FY 2009 Omnibus
  Account: National Aeronautics and Space Administration
  Legal Name of Requesting Entity: Space Engineering Institute at Texas 
A&M University
  Address of Requesting Entity: 301 Wisenbaker Engineering Bizzell 
Street, College, Station, TX 77843
  Description of Request: I have secured $500,000 for the Space 
Engineering Institute at Texas A&M University. Funding for this project 
will be used to involve undergraduate students in research projects in 
conjunction with Johnson Space Center. I certify that neither I nor my 
spouse has any financial interest in this project.
  Requesting Member: Congressman Ralph M. Hall
  Bill Number: H.R. 1105, FY 2009 Omnibus
  Account: TCSP--Transportation & Community & System Preservation
  Legal Name of Requesting Entity: City of Greenville
  Address of Requesting Entity: 2821 Washington Street, Greenville, TX 
75403.
  Description of Request: I have secured $570,000 for the City of 
Greenville. Funding will be used to provide safe transportation of 
goods, correct federal highway IH-30 and SH-34 bridge repairs and 
complete the Monty Stratton Parkway Interchange at IH-30 and Monty 
Stratton. I certify that neither I nor my spouse has any financial 
interest in this project
  Requesting Member: Congressman Ralph M. Hall
  Bill Number: H.R. 1105, FY 2009 Omnibus
  Account: Economic Development Initiatives (EDI)
  Legal Name of Requesting Entity: University of Texas--Center for 
American History
  Address of Requesting Entity: SRH2.101, 1 University Station D1100, 
Austin, TX 78712
  Description of Request: I have secured $142,500 for the Sam Rayburn 
Library and Museum located in Bonham, Texas. Funding will be used for 
the emergency repair and renovation of the Sam Rayburn Library and 
Museum. Renovations will address structural renovations to the building 
that will protect the valuable collections and improve the access to an 
important national historic landmark. The Sam Rayburn Library and 
Museum, is one of five divisions of the University's Center for 
American History. The National Historic Landmark is the creation of the 
man who served as Speaker of the United States House of Representatives 
longer than any other person: Sam Taliaferro Rayburn (1882-1961). Known 
affectionately as ``Mr. Sam'' by his friends and colleagues, Rayburn 
established the library and museum in 1957 as a tribute to the people 
of his district and for future generations. The building serves to 
preserve materials relating to the forty-eight year political career of 
Sam Rayburn. The museum and exhibits provide a rare collection of 
Congressional and Presidential papers for students, researchers and 
visitors. I certify that neither I nor my spouse has any financial 
interest in this project.
  Requesting Member: Congressman Ralph M. Hall
  Bill Number: H.R. 1105, FY 2009 Omnibus
  Account: TCSP--Transportation & Community & System Preservation
  Legal Name of Requesting Entity: Interstate 69 Texas Alliance
  Address of Requesting Entity: 125 East 11th Street, Austin, TX 78701
  Description of Request: I have secured $617,500 for the improvement 
of I-69. Funding will be used to provide direct access to the Port of 
Houston and relieve congestion for the communities all along the route, 
providing the most direct route from Mexico and Canada for major 
commercial centers in the U.S., easing traffic on I-35. I certify that 
neither I nor my spouse has any financial interest in this project.
  Requesting Member: Congressman Ralph M. Hall
  Bill Number: H.R. 1105, FY 2009 Omnibus
  Account: TCSP--Transportation & Community & System Preservation

[[Page 5904]]

  Legal Name of Requesting Entity: North East Texas Rural Rail 
Transportation District (NETEX)
  Address of Requesting Entity: 2821 Washington, Greenville, TX 75401
  Description of Request: I have secured $95,000 for the City of 
Greenville. Funding for this project will be used to support track, 
bridge, and other rail related infrastructure improvements to bring the 
existing rail line to Class 2 conditions. According to a recent TxDOT 
valuation and assessment report, the rail line requires extensive 
maintenance and/or total replacement of infrastructure to support 
existing and future operations. The proposed improvements will allow 
rail operations to run from 10 miles per hour to 25 miles per hour as 
originally intended. I certify that neither I nor my spouse has any 
financial interest in this project.
  Requesting Member: Congressman Ralph M. Hall
  Bill Number: H.R. 1105, FY 2009 Omnibus
  Account: TCSP--Transportation & Community & System Preservation
  Legal Name of Requesting Entity: Sulphur River Regional Mobility 
Authority (SURRMA)
  Address of Requesting Entity: 1125 Bonham Street, Paris, TX 75460.
  Description of Request: I have secured $95,000 for the Hwy-24, 
Commerce through Cooper 4-lane completion in Delta, Hopkins, Hunt and 
Lamar Counties. Funding for this project will be used to keep 
engineering/development phase of the project on schedule without 
disrupting the project momentum at Texas DOT. The completion of this 
transportation project embraces the following five goals; reduce 
traffic congestion, enhance safety, expand economic opportunities, 
improve air quality, and increase the value of transportation assets. I 
certify that neither I nor my spouse has any financial interest in this 
project.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                           HON. W. TODD AKIN

                              of missouri

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. AKIN. Madam Speaker, pursuant to the Republican Leadership 
standards on earmarks, I am submitting the following information 
regarding earmarks I received as part of the FY2009 Omnibus.
  Requesting Member: Congressman Todd Akin
  Bill Number: H.R. 1105
  Account: Health Resources and Services Administration (HRSA)--Health 
and Facilities Services
  Legal Name of Requesting Entity: SSM St. Clare Health Center
  Address of Requesting Entity: 1015 Bowles Avenue, Fenton, Missouri 
63026
  Description of Request: Provide an earmark of $167,000 for the 
development and manufacturing of a medication distribution system for 
St. Clare to reduce the risk of medication errors. Essential elements 
of the system include: medications for each patient which will be kept 
in the patient's room, medications will be double locked and entry will 
be tracked by computer for security and narcotic tracking, and there 
will be a bar code system and a medication administration record on the 
computer in the room for additional safety and documentation. 
Associated costs with this request include development and software and 
hardware costs.
  Requesting Member: Congressman Todd Akin
  Bill Number: H.R. 1105
  Account: Health Resources and Services Administration (HRSA)--Health 
Facilities and Services
  Legal Name of Requesting Entity: ThriVe St. Louis
  Address of Requesting Entity: 4331 Lindell Blvd., St. Louis, Missouri 
63108
  Description of Request: Provide an earmark of $143,000 to expand 
pregnancy resource services by expanding the facility in which they 
operate. Expanding physical space by an additional 1,130 square feet 
will allow ThriVe St. Louis to offer one-on-one counseling for clients 
and provide a second exam room which could be used for STD testing. The 
expansion will also give space for volunteers and staff to serve 
clients effectively, and conduct administrative work and phone 
counseling. Funding for this request will go towards facility 
construction, technology and equipment, furnishings and operations.
  Requesting Member: Congressman W. Todd Akin
  Bill Number: H.R. 1105
  Account: Federal Highway Administration, Transportation, Community 
and System Preservation
  Legal Name of Requesting Entity: Missouri Department of 
Transportation, District 6
  Address of Requesting Entity: 1590 Woodlake Drive, Chesterfield, MO 
63017
  Description of Request: Provide an earmark of $237,500 to upgrade and 
partially relocate MO Route 141 in St. Louis County, MO and help 
complete a 33-mile four and six lane north-south connector that will 
run between I-55 in Jefferson County and MO Rt 370 in north St. Louis 
County. This project will provide traffic mitigation locally and 
regionally by serving as a reliever for overloaded I-270, provide 
safety improvements by diverting traffic away from the entrances to a 
high school and middle school eliminate two major at-grade crossings 
(one which floods intermittently) and promote regional business and 
employment growth. This project received $800,000 in FY05 
Appropriations, $2.88M in SAFETEA-LU and $250,000 in the FY08 Omnibus 
Appropriations Act. The Missouri Department of Transportation will 
provide a local cost share of 20 percent. This project is also part of 
the State's transportation improvement plan, is eligible under the 
account request according to the Missouri Department of Transportation 
and considered by the State and/or regional transportation official to 
be critical to their needs.
  Requesting Member: Congressman Todd Akin
  Bill Number: H.R. 1105
  Account: Federal Highway Administration, Transportation, Community 
and System Preservation
  Legal Name of Requesting Entity: Missouri Department of 
Transportation, NE District
  Address of Requesting Entity: PO Box 1067, South Route 61, Hannibal, 
MO 63401
  Description of Request: Provide an earmark of $190,000 to conduct a 
study and engineering plan for Route 61 in Lincoln and St. Charles 
Counties, Missouri. This project will look at what must be done in 
Lincoln and northern St. Charles Counties to improve a four-lane 
highway to a limited access expressway with outer roads slip ramps and 
new interchanges. Vigorous regional growth has resulted in an accident 
rate twice the state average along the corridor particularly at 
intersections. The Missouri Department of Transportation will provide a 
local cost share of 20 percent. This project is also part of the 
State's transportation improvement plan, is eligible under the account 
request according to the Missouri Department of Transportation and 
considered by the State and/or regional transportation official to be 
critical to their needs.
  Requesting Member: Congressman W. Todd Akin
  Bill Number: H.R. 1105
  Account: Federal Highway Administration, Surface Transportation 
Priorities
  Legal Name of Requesting Entity: Missouri Department of 
Transportation
  Address of Requesting Entity: 1590 Woodlake Drive, Chesterfield, MO 
63017
  Description of Request: Provide an earmark of $1.14 Million to Page 
Avenue Extension, Phase II in St. Charles County Missouri. This is the 
second of three phases needed to connect US 40/61 (I-40) in St. Charles 
County with I-270 in St. Louis County 20 miles east. When the overall 
project is finished, this will extended Route 364 will be on the NHS 
and serve as a relief corridor for I-70 to the north and I-64 to the 
south. Phase I is finished. Phase II will upgrade a 4.6 mile section of 
MO Route 94 to interstate standards for traffic mitigation, business 
continuation and development along the corridor and for increased 
safety by eliminating 6 major at-grade crossings. Phase II receive $1 
million in FY05 Appropriations and $34.6 million in SAFETEA-LU. It 
received another $250,000 in FY08 Appropriations. The Missouri 
Department of Transportation will provide a local cost share of 20 
percent. This project is also part of the State's transportation 
improvement plan, is eligible under the account request according to 
the Missouri Department of Transportation and considered by the State 
and/or regional transportation official to be critical to their needs.
  Requesting Member: Congressman W. Todd Akin
  Bill Number: H.R. 1105
  Account: Department of Housing and Urban Development, Economic 
Development Initiatives
  Legal Name of Requesting Entity: Saints Joachim and Ann Care Service
  Address of Requesting Entity: 4112 McClay Road, St. Charles, MO 63304
  Description of Request: Provide an earmark of $142,500 for the 
acquisition and renovation of a building for use as a Tri-County 
Outreach Center. Saints Joachim and Ann supports families in crisis in 
Lincoln, Warren and St. Charles counties. The current lack of space 
impedes the case manager's ability to provide necessary family 
assistance and requires the use of other locations to meet with 
families including personal vehicles, city parks, hotels

[[Page 5905]]

and shelters. Renovation of the building is required to provide 
interview rooms, expanded food pantry, case manager work areas and 
space for other agencies to provide family social service support.
  Requesting Member: Congressman W. Todd Akin
  Bill Number: H.R. 1105
  Account: Army Corps of Engineers, Construction
  Legal Name of Requesting Entity: Monarch-Chesterfield Levee District
  Address of Requesting Entity: c/o Mr. William S. Kirchhoff, 
Treasurer, MCLD, 17627 Wildhorse Creek Rd, Chesterfield, MO 63005 USA
  Description of Request: Provide an earmark of $3.349 million to 
complete construction of closure structures and pump stations. Funding 
from this request could be used to construct the Baxter Road closure 
structure and initiate design of the Walnut Grove flood wall at Long 
Road. These structures will augment completed earth works that provide 
500-year protection to over 700 businesses. This request is consistent 
with the intended and authorized purpose of the Army Corps of 
Engineers, Construction account and has previously been authorized by 
the Water Resources Development Act (WRDA) of 2000, Section 101(b)(18). 
The Monarch-Chesterfield Levee District will provide its cost share in 
accordance with Federal cost-sharing requirements for Federal flood 
protection projects, 65 percent Federal, 35 percent non-Federal, and 
the non-Federal funding will come directly from the Levee District.
  Requesting Member: Congressman Todd Akin
  Bill Number: H.R. 1105
  Account: Army Corps of Engineers, Operation and Maintenance
  Legal Name of Requesting Entity: U.S. Army Corps of Engineers, St. 
Louis District
  Address of Requesting Entity: 1222 Spruce Street, St. Louis, MO 63103
  Description of Request: Provides an earmark of $19.027 million for 
current year operation and maintenance on an aging system of locks and 
dams. Basic operation and maintenance will provide a nine-foot 
navigation channel, regulating works, dike and revetment, dredging, 
environmental compliance and environmental stewardship. This request is 
consistent with the intended and authorized purpose of the Army Corps 
of Engineers, Operations and Maintenance account and has previously 
been authorized by the Overton Act of 1936 and the Flood Control Act of 
1944. This funding category is 100 percent Federal and has no local 
entities that are subject to cost share requirements.
  Requesting Member: Congressman Todd Akin
  Bill Number: H.R. 1105
  Account: Army Corps of Engineers, Investigations
  Legal Name of Requesting Entity: U.S. Army Corps of Engineers, Rock 
Island District
  Address of Requesting Entity: Clock Tower Bldg, PO Box 2004, Rock 
Island, IL 61204
  Description of Request: Provides an earmark of $8.604 million for the 
first phases of construction of new 1,200 foot lock chambers at L/Ds 
20,21,22,24,25, LaGrange and Peoria; for implementing small-scale 
navigation aids; and beginning ecosystem restoration projects along the 
Mississippi River and Illinois Waterway. This request is consistent 
with the intended and authorized purpose of the Army Corps of 
Engineers, Investigations account and has previously been authorized by 
P.L. 99-662 and P.L. 110-280 Sec. 8001-8005. This project is 100 
percent Federal and has no local entities that are subject to cost 
share requirements.
  Requesting Member: Congressman Todd Akin
  Bill Number: H.R. 1105
  Account: Army Corps of Engineers, Construction
  Legal Name of Requesting Entity: U.S. Army Corps of Engineers, Rock 
Island District
  Address of Requesting Entity: Clock Tower Bldg, PO Box 2004, Rock 
Island, IL 61204
  Description of Request: Provides an earmark of $17.713 million for 
addressing the adverse impacts to the aquatic ecosystem caused by 
maintenance of the river's navigation channel. This includes habitat 
rehabilitation and measures to determine if enhancement projects are 
effectively preserving and improving fish and wildlife habitat on the 
river. This request is consistent with the intended and authorized 
purpose of the Army Corps of Engineers, Construction account and has 
previously been authorized by P.L. 99-662 Sec. 1103 as amended. This 
project is 100 percent Federal and has no local entities that are 
subject to cost share requirements.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                           HON. PETER T. KING

                              of new york

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. KING of New York. Madam Speaker, pursuant to the Republican 
Leadership Standards on Earmarks, I am submitting the following 
information regarding earmarks I received as part of the FY2009 
Omnibus.
  Requesting Member: Rep. Peter King
  Bill Number: H.R. 1105
  Account: Energy & Water--Army Corps of Engineers (Construction)
  Legal Name of Requesting Entity: U.S. Army Corps of Engineers
  Address of Requesting Entity: 26 Federal Plaza, Room 2109, New York, 
NY 10278
  Description of Request: $2,010,000 to the Army Corps to complete the 
reformulation study and continue monitoring a project to protect Long 
Island's south shore from beach erosion and storm damage. I certify 
that neither I nor my spouse has any financial interest in this 
project.
  Requesting Member: Rep. Peter King
  Bill Number: H.R. 1105
  Account: Energy & Water--Army Corps of Engineers (Construction)
  Legal Name of Requesting Entity: Town of Babylon
  Address of Requesting Entity: 200 East Sunrise Highway, Lindenhurst, 
NY 11757
  Description of Request: $465,000 for the dredging of a federal 
channel and placement of appx. 1 million cubic yards of sand along the 
shoreline for erosion control at Gilgo Beach and Robert Moses State 
Park. I certify that neither I nor my spouse has any financial interest 
in this project.
  Requesting Member: Rep. Peter King
  Bill Number: H.R. 1105
  Account: Energy & Water--Army Corps of Engineers (Investigations)
  Legal Name of Requesting Entity: Village of Bayville
  Address of Requesting Entity: 34 School Street, Bayville, NY 11709
  Description of Request: $96,000 to complete the feasibility phase of 
the benefits of a storm damage protection project in Bayville. I 
certify that neither I nor my spouse has any financial interest in this 
project.
  Requesting Member: Rep. Peter King
  Bill Number: H.R. 1105
  Account: Labor, HHS, & Education--Health Resources and Services 
Administration, Health Facilities and Services
  Legal Name of Requesting Entity: Suffolk County Volunteer Firefighter 
Burn Center Fund
  Address of Requesting Entity: P.O. Box 765 Smithtown, NY 11787
  Description of Request: $285,000 for a living skin bank clean room 
(equipment). I certify that neither I nor my spouse has any financial 
interest in this project.
  Requesting Member: Rep. Peter King
  Bill Number: H.R. 1105
  Account: Labor, HHS, & Education--Health Resources and Services 
Administration, Health Facilities and Services
  Legal Name of Requesting Entity: Christa House
  Address of Requesting Entity: 720 Albin Avenue, West Babylon, NY 
11704
  Description of Request: $176,000 for hospice care for the poor 
(physical repairs, administrative costs, and insurance). I certify that 
neither I nor my spouse has any financial interest in this project.
  Requesting Member: Rep. Peter King
  Bill Number: H.R. 1105
  Account: Transportation & HUD--Capital Investment Grants
  Legal Name of Requesting Entity: New York City Metro Transit 
Authority
  Address of Requesting Entity: 347 Madison Avenue, New York, New York 
10017
  Description of Request: $209,623,898 for the development of Long 
Island Rail Road East Side Access. I certify that neither I nor my 
spouse has any financial interest in this project.
  Requesting Member: Rep. Peter King
  Bill Number: H.R. 1105
  Account: Commerce, Justice, & Science--NOAA (Operations, Research & 
Facilities)
  Legal Name of Requesting Entity: Partnership for Mid-Atlantic 
Fisheries Science
  Address of Requesting Entity: 526 Bay Avenue Point Pleasant Beach, NJ 
08742
  Description of Request: $1,000,000 for a multi-state research 
initiative in New York and New Jersey to address data limitations 
restricting management of summer flounder in the Mid-Atlantic. I 
certify that neither I nor my spouse has any financial interest in this 
project.
  Requesting Member: Rep. Peter King
  Bill Number: H.R. 1105
  Account: State & Foreign Operations--Educational & Cultural Exchange 
Programs

[[Page 5906]]

  Legal Name of Requesting Entity: U.S.-Ireland Alliance
  Address of Requesting Entity: 2800 Clarendon Boulevard Arlington, VA 
22201
  Description of Request: $500,000 for the George Mitchell Scholarship 
Program a nationally competitive scholarship award for 12 US college 
graduates to do a year of postgraduate study at universities in Ireland 
and Northern Ireland. I certify that neither I nor my spouse has any 
financial interest in this project.
  Requesting Member: Rep. Peter King
  Bill Number: H.R. 1105
  Account: Transportation & HUD--Transportation, Community, & System 
Preservation
  Legal Name of Requesting Entity: City of Glen Cove
  Address of Requesting Entity: 9 Glen Street, Glen Cove, NY 11542
  Description of Request: $570,000 for the design, engineering, and 
construction of the Glen Cove Connector Road. I certify that neither I 
nor my spouse has any financial interest in this project.
  Requesting Member: Rep. Peter King
  Bill Number: H.R. 1105
  Account: Transportation & HUD (Buses and Bus Facility)
  Legal Name of Requesting Entity: City of Glen Cove
  Address of Requesting Entity: 9 Glen Street, Glen Cove, NY 11542
  Description of Request: $950,000 for the design, engineering, and 
construction of the Glen Cove Connector Multi-Modal Parking Hub. I 
certify that neither I nor my spouse has any financial interest in this 
project.
  Requesting Member: Rep. Peter King
  Bill Number: H.R. 1105
  Account: Transportation & HUD--Ferry Boats & Terminal Facilities
  Legal Name of Requesting Entity: City of Glen Cove
  Address of Requesting Entity: 9 Glen Street, Glen Cove, NY 11542
  Description of Request: $950,000 for engineering and construction of 
the Glen Cove Ferry Terminal. I certify that neither I nor my spouse 
has any financial interest in this project.
  Requesting Member: Rep. Peter King
  Bill Number: H.R. 1105
  Account: Commerce, Justice, & Science--COPS Law Enforcement 
Technology
  Legal Name of Requesting Entity: City of Glen Cove
  Address of Requesting Entity: 9 Glen Street, Glen Cove, NY 11542
  Description of Request: $120,000 for the Glen Cove Police Department 
for equipment and technology upgrades, surveillance equipment, and 
public safety improvements to respond more effectively to emerging 
threats such as MS-13 and other gang activity. I certify that neither I 
nor my spouse has any financial interest in this project.
  Requesting Member: Rep. Peter King
  Bill Number: H.R. 1105
  Account: Transportation & HUD--Economic Development Initiatives
  Legal Name of Requesting Entity: City of Glen Cove
  Address of Requesting Entity: 9 Glen Street Glen Cove, NY 11542
  Description of Request: $142,500 for renovations and streetscape 
improvements to the city of Glen Cove. I certify that neither I nor my 
spouse has any financial interest in this project.
  Requesting Member: Rep. Peter King
  Bill Number: H.R. 1105
  Account: State & Foreign Operations--Educational & Cultural Exchange 
Programs
  Legal Name of Requesting Entity: Hofstra University
  Address of Requesting Entity: 101 Hofstra University Hempstead, NY 
11549
  Description of Request: This report language would allow Hofstra 
University to apply for funding for its Center for Strategic Language 
training which will specialize in Middle Eastern and Central Asian 
languages such as Arabic and Persian, as well as Punjabi, Urdu, and 
Hindi. I certify that neither I nor my spouse has any financial 
interest in this project.
  Requesting Member: Rep. Peter King
  Bill Number: H.R. 1105
  Account: Commerce, Justice & Science--Office of Justice Programs 
(Byrne Discretionary Grants)
  Legal Name of Requesting Entity: Nassau County Coalition Against 
Domestic Violence
  Address of Requesting Entity: 250 Fulton Avenue, Suite 300, 
Hempstead, NY 11550
  Description of Request: $350,000 to create a legal resource network 
of pro-bono attorneys to provide critical legal services for low-income 
and indigent victims of domestic violence, rape/sexual assault, and 
elder abuse. I certify that neither I nor my spouse has any financial 
interest in this project.
  Requesting Member: Rep. Peter King
  Bill Number: H.R. 1105
  Account: Commerce, Justice & Science--Office of Justice Programs 
(Byrne Discretionary Grants)
  Legal Name of Requesting Entity: Nassau County Police Department
  Address of Requesting Entity: 1490 Franklin Avenue Mineola, NY 11501
  Description of Request: $380,000 for an initiative to reduce gun and 
gang violence through increased surveillance, debriefings, 
investigations, and undercover work. I certify that neither I nor my 
spouse has any financial interest in this project.
  Requesting Member: Rep. Peter King
  Bill Number: H.R. 1105
  Account: Interior & Environment--EPA (STAG Water and Wastewater 
Infrastructure Project)
  Legal Name of Requesting Entity: Suffolk County Department of Works
  Address of Requesting Entity: 335 Yaphank Avenue Yaphank, NY 11980
  Description of Request: $500,000 for the planning, design, and 
replacement of a deteriorated existing bay outfall pipe. I certify that 
neither I nor my spouse has any financial interest in this project.
  Requesting Member: Rep. Peter King
  Bill Number: H.R. 1105
  Account: Energy & Water--Army Corps of Engineers (FUSRAP)
  Legal Name of Requesting Entity: Verizon
  Address of Requesting Entity: 140 West Street, New York, NY 10007
  Description of Request: Report language to initiate the cleanup of 
the former Sylvania nuclear fuel site in Hicksville, NY. I certify that 
neither I nor my spouse has any financial interest in this project.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                          HON. ROBERT E. LATTA

                                of ohio

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. LATTA. 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, the FY 2009 Omnibus 
Appropriations Act.
  Requesting Member: Congressman Robert E. Latta
  Bill Number: H.R. 1105, FY 2009 Omnibus Appropriations Act
  Account: Commerce; NOAA--Operations, Research and Facilities
  Legal Name of Requesting Entity: Bowling Green State University
  Address of Requesting Entity: 106 University Hall, Bowling Green, OH 
43403
  Description of Request: $355,000 for monitoring of Lake Erie water 
quality with remote sensing for Bowling Green State University and 
Heidelberg College, in partnership with the consortium partners of 
OhioView and the Great Lakes Environmental Research Laboratory (GLERL). 
The funding will be used to continue the project of monitoring algal 
blooms in Lake Erie with LANDSAT TM satellite data. This will allow for 
real-time, continuous monitoring and assessment of harmful algal blooms 
and coliform in Lake Erie and its Southern-shore tributaries. This 
research is authorized by the Harmful Algal Bloom and Hypoxia Act of 
2003. The funds will be used to develop the systems for determining 
cyanobacteria in Lake Erie and in local water supplies and to continue 
to collect data for analyzing and further study. This project began in 
2006 and provides continuous monitoring from the satellite data of the 
potentially harmful algal blooms. I certify that neither I nor my 
spouse has any financial interest in this project.
  Requesting Member: Congressman Robert E. Latta
  Bill Number: H.R. 1105, FY 2009 Omnibus Appropriations Act
  Account: DOJ; OJP--Byrne Discretionary Grants
  Legal Name of Requesting Entity: Defiance College
  Address of Requesting Entity: 701 N. Clinton Street, Defiance, OH 
43512
  Description of Request: $145,000 for genetic analysis equipment for 
Defiance College's Forensic Science program. Due to the critical need 
for trained forensic scientists, the requested funds will be used to 
expand the capability of Defiance College's dedicated forensic science 
lab to include an Applied Biosystems 3130 Genetic Analyzer. This 
crucial piece of equipment is found in all professional forensic 
science labs and it is important for students to be trained with this 
equipment to prepare them for the workforce. It is my understanding 
that Defiance College is providing the remaining share towards the 
project. I certify

[[Page 5907]]

that neither I nor my spouse has any financial interest in this 
project.
  Requesting Member: Congressman Robert E. Latta
  Bill Number: H.R. 1105, FY 2009 Omnibus Appropriations Act
  Account: U.S. Department of Energy; Energy Efficiency and Renewable 
Energy account
  Legal Name of Requesting Entity: Bowling Green State University
  Address of Requesting Entity: 106 University Hall, Bowling Green, OH 
43403
  Description of Request: $951,500 for the Coastal Ohio Wind Project: 
Collaborative Research Effort in Onshore/Offshore Wind Energy 
Development. Funding would be used for project expansion by its 
partnership with the University of Toledo to include advance remote 
sensing research for off-shore applications and to gather site data 
with a temporary tower on the Firelands campus, ultimately to test new 
wind turbine technologies. The project will promote the use of 
renewable energy by conducting research and testing wind power and 
developing wind energy for the region. The partners in the projects 
have committed to match the federal funding at the required level. I 
certify that neither I nor my spouse has any financial interest in this 
project.
  Requesting Member: Congressman Robert E. Latta
  Bill Number: H.R. 1105, FY 2009 Omnibus Appropriations Act
  Account: US Army Corps of Engineers; Investigations
  Legal Name of Requesting Entity: The Northwest Ohio Flood Mitigation 
Partnership
  Address of Requesting Entity: 101 West Sandusky Street, Findlay, OH 
45840
  Description of Request: $119,000 for the U.S. Army Corps of Engineers 
for funding regarding the Western Lake Erie, Blanchard River Watershed. 
Funding would be used to perform a comprehensive Flood Damage Reduction 
and Ecosystem Restoration study, and related activities. The U.S. Army 
Corps of Engineers has completed a preliminary feasibility study of the 
entire Blanchard River Watershed, and recommended a further flood 
control feasibility study. The partners in the projects have committed 
to match the federal funding at the required level. I certify that 
neither I nor my spouse has any financial interest in this project.
  Requesting Member: Congressman Robert E. Latta
  Bill Number: H.R. 1105, FY 2009 Omnibus Appropriations Act
  Account: US Army Corps of Engineers; Construction
  Legal Name of Requesting Entity: City of Fremont
  Address of Requesting Entity: 323 South Front Street, Fremont, OH 
43420
  Description of Request: $500,000 for the Off-Stream Water Supply 
Reservoir project in regards to Ohio Environmental Infrastructure. 
Funding would be used for construction of a new off-stream water supply 
reservoir to replace an existing reservoir impounded by the Ballville 
Dam on the Sandusky River. The new reservoir will provide drinking 
water to approximately 22,000 people in the City of Fremont and 
surrounding area. The new reservoir is necessary to eliminate nitrate 
maximum contamination level (MCL) in the City's drinking water. There 
will be two phases of the project, with Phase I consisting of building 
the reservoir and Phase H consisting of the raw water intake, pumping 
station and water mains to and from the reservoir. It is my 
understanding that the state and local share will be $14.5 million of 
the cost share. I certify that neither I nor my spouse has any 
financial interest in this project.
  Requesting Member: Congressman Robert E. Latta
  Bill Number: H.R. 1105, FY 2009 Omnibus Appropriations Act
  Account: US Army Corps of Engineers; Section 205
  Legal Name of Requesting Entity: The Village of Ottawa
  Address of Requesting Entity: 136 North Oak Street, Ottawa, OH 45875
  Description of Request: $252,000 for the U.S. Army Corps of Engineers 
for funding regarding the Village of Ottawa Flood Control and 
Mitigation Reconnaissance and Feasibility Studies. Funding would be 
used for a Section 205 Feasibility Study of flood risk management plans 
for the Blanchard River at Ottawa, Ohio. The funding would fulfill the 
Federal share needed to complete the Feasibility Study. The Village of 
Ottawa has allocated $250,000 to fulfill the required non-Federal 
match. I certify that neither I nor my spouse has any financial 
interest in this project.
  Requesting Member: Congressman Robert E. Latta
  Bill Number: H.R. 1105, FY 2009 Omnibus Appropriations Act
  Account: STAG Water and Wastewater Infrastructure Project
  Legal Name of Requesting Entity: City of Defiance
  Address of Requesting Entity: 631 Perry Street, Defiance, OH 43512
  Description of Request: $300,000 for the Defiance Combined Sewer 
Overflow Elimination project. The funding would be used for engineering 
for three subprojects and construction for three other subprojects. The 
wastewater infrastructure of Defiance, Ohio is in need of improvement. 
The city's 44 combined sewers have been divided into 20 subprojects. 
There will continually be one project in sanitary sewer evaluation 
survey, one project in engineering design, and one project in 
construction. These projects will separate virtually all the combined 
sewers in Defiance and will eliminate discharge of untreated/partially 
treated sewage into the Auglaize River, the Maumee River, and Lake 
Erie. The City of Defiance will provide at least the local matching 
funds in the amount of 45%. I certify that neither I nor my spouse has 
any financial interest in this project.
  Requesting Member: Congressman Robert E. Latta
  Bill Number: H.R. 1105, FY 2009 Omnibus Appropriations Act
  Account: Elementary & Secondary Education (includes FIE)
  Legal Name of Requesting Entity: Putnam County Educational Service 
Center
  Address of Requesting Entity: 124 Putnam Parkway, Ottawa, OH 45875
  Description of Request: $238,000 for the Putnam County Education 
Service Center (ESC). The funding would be used for Project MORE: 
Mentoring in Ohio for Reading Excellence. The MORE program is a 
volunteer reading mentoring project designed for students with 
disabilities. Through the program children with disabilities receive 
one-on-one structured, volunteer reading mentoring 3-4 days per week. 
These funds will be used to start 30 additional Project MORE programs 
in Ohio, as well as outside Ohio. The project is intended to create 
awareness to expand the use of the volunteer reading mentoring program 
throughout the nation. The remaining funds for the project will be 
supplemented by local partners in the program. I certify that neither I 
nor my spouse has any financial interest in this project.
  Requesting Member: Congressman Robert E. Latta
  Bill Number: H.R. 1105, FY 2009 Omnibus Appropriations Act
  Account: Health Resources and Services Administration (HRSA)-Health 
Facilities and Services Legal Name of
  Requesting Entity: Visiting Nurse Association Healthcare Partners of 
Ohio
  Address of Requesting Entity: 2500 East 22nd Street, Cleveland, OH 
44115
  Description of Request: $95,000 for the Visiting Nurse Association 
Healthcare Partners of Ohio. The funding would be used to purchase 
daily tele-monitoring equipment for the Tele-care Program for 
Chronically Ill Seniors. This program provides daily monitoring via a 
small, clock-like device that ``talks'' to the patient and collects 
essential baseline vital signs. Data is wirelessly or telephone 
transmitted to the central receiving station at the home health agency 
office. It is my understanding that besides the requested appropriation 
amount, the state of Ohio and program partners are providing the local 
cost share. I certify that neither I nor my spouse has any financial 
interest in this project.
  Requesting Member: Congressman Robert E. Latta
  Bill Number: H.R. 1105, FY 2009 Omnibus Appropriations Act
  Account: Health Resources and Services Administration (HRSA)-Health 
Facilities and Services Legal Name of
  Requesting Entity: Memorial Hospital
  Address of Requesting Entity: 715 S. Taft Avenue, Fremont, OH 43420
  Description of Request: $190,000 for Memorial Hospital in Fremont, 
Ohio. The funding will be used for the Herbert-Perna Center for 
Physical Health Expansion project. This 29,000 square foot building 
houses Memorial Hospital's physical, speech, and occupational therapies 
as well as HealthLink, the region's largest occupational health 
provider. HealthLink provides services to many companies in the region 
and saves significant dollars by providing overall wellness programs. 
The funds will be used to finish the construction of the Center and 
therefore offering X-ray services in the Center. This will allow 
workers to continue to rely on the program and return to work quicker. 
It is my understanding that the hospital is contributing $5,350,000 
towards the project, with an additional $950,000 being provided through 
local and community support. I

[[Page 5908]]

certify that neither I nor my spouse has any financial interest in this 
project.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                          HON. J. RANDY FORBES

                              of virginia

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. FORBES. Madam Speaker, consistent with Republican earmark 
standards, the following are detailed finance plans for each of my 
requested projects in H.R. 1105, the Omnibus Appropriations Act, 2009:
  Requesting Member: Congressman J. Randy Forbes
  Bill Number: H.R. 1105
  Account: Commerce-Justice-Science, OJP Byrne JAG discretionary grants
  Legal Name of Requesting Entity: City of Suffolk, Virginia
  Address of Requesting Entity: 441 Market Street, Suffolk, Virginia 
23434
  Description of Request: Provides $200,000 for the Suffolk Initiative 
on Youth (SIY) Crime Prevention Plan, which is a comprehensive effort 
to address youth crime and gang involvement in the City of Suffolk, 
Virginia. Over the last five years, the City of Suffolk has witnessed a 
significant rise in youth crime and violence, including assaults, 
burglary, property crimes, and homicide. In 2006, the Suffolk City 
Council appointed a task force of over 30 representatives of city 
agencies, local law enforcement, youth service providers, business 
leaders, faith-based organizations, teachers, parents, and youth to 
develop recommendations for developing positive alternatives to crime 
for Suffolk's youth. Among the recommendations is the creation of an 
Office on Youth, youth workforce development initiatives, new 
afterschool programs, and gang prevention awareness.
  Requesting Member: Congressman J. Randy Forbes
  Bill Number: H.R. 1105
  Account: Commerce-Justice-Science, COPS law enforcement technology
  Legal Name of Requesting Entity: Chesterfield County, Virginia
  Address of Requesting Entity: 9901 Lori Road, Chesterfield, Virginia 
23832
  Description of Request: Provides $300,000 to purchase a variety of 
technology related projects to upgrade outdated systems and improve 
operations. These projects include installing cameras, portable 
interoperability radio bridge system, watch tower, driving simulator 
and other law enforcement projects.
  Requesting Member: Congressman J. Randy Forbes
  Bill Number: H.R. 1105
  Account: Commerce-Justice-Science, OJP Byrne JAG discretionary grants
  Legal Name of Requesting Entity: City of Chesapeake, Virginia
  Address of Requesting Entity: 306 Cedar Road, Chesapeake, Virginia 
23322
  Description of Request: Provides $100,000 for a Gang Coordinator 
within the Police Department and community prosecutor program to 
develop a comprehensive prevention, suppression and intervention 
strategies related to gangs and gang-related crimes. The City's law 
enforcement efforts need to be supplemented with front and back-end 
deterrence efforts. The Chesapeake Police Department estimates in 2006 
that there were 26 identified gangs in Chesapeake, with an estimated 
2,000 members. This number represents a significant increase from 15 
identified gangs with 1,300 estimated members in 2005. In recent years, 
there has been an observed increase in the presence of all-female and 
Hispanic gangs, with four of each now identified. The Police 
Department's Intelligence Unit has identified numerous major gangs and 
their affiliates operating throughout all five precincts within the 
City. In response to the identification of major gang activity, in May 
2006 the Mayor and City Council appointed the Mayor's Task Force for 
the Prevention of Gangs. The Task Force is comprised of community 
leaders representing major stakeholder organizations.
  Requesting Member: Congressman J. Randy Forbes
  Bill Number: H.R. 1105
  Account: Energy and Water, Operations and Maintenance
  Legal Name of Requesting Entity: City of Chesapeake, Virginia
  Address of Requesting Entity: 306 Cedar Road, Chesapeake, Virginia 
23322
  Description of Request: Supports $1,692,000 in the President's budget 
request for the Albemarle and Chesapeake Canal (ACC), on the Atlantic 
Intracoastal Waterway, which is a naturally protected navigation route 
between the Southern Branch of the Elizabeth River and the VA-NC state 
line in the North Landing River, a distance of 27 miles. The ACC is of 
critical importance to transportation, especially to the U.S. Navy 
which transported over 55 million gallons of jet fuel yearly from the 
Craney Island to Oceana Naval Air Station in Virginia Beach. Failure to 
fund the ACC will result in the Navy being unable to meet the fuel 
demand of the Oceana Naval Station. The Navy has stated that trucking 
this much fuel would not be feasible on a long-term basis. In addition, 
commercial and recreation vessels travel the ACC in lieu of the 
Atlantic Ocean to prevent entry into the dangerous waters off Cape 
Hatteras. An average of over 1,000,000 tons of commerce passed though 
the Great Bridge Lock yearly. Funds will be used to continue to operate 
the navigation lock, swing bridge, and canal.
  Requesting Member: Congressman J. Randy Forbes
  Bill Number: H.R. 1105
  Account: Energy and Water, Operations and Maintenance
  Legal Name of Requesting Entity: Petersburg, Virginia
  Address of Requesting Entity: Petersburg, Virginia
  Description of Request Provides $527,000 for the Army Corps of 
Engineers to dredge the Appomattox River to restore the River's 
navigability. The dredging of the Navigation Channel will be of benefit 
to the region in that it will: (1) restore the Appomattox River to the 
free-flowing, fully navigable river that it was until the late 1970's; 
(2) reconnect the City's harbor to the navigable portions of the 
Appomattox River; (3) serve as a catalyst for the commercial and 
residential revitalization of historic downtown Petersburg; (4) enhance 
local and regional tourism and recreational opportunities; and (5) 
improve the environmental condition of the Appomattox River.
  Requesting Member: Congressman J. Randy Forbes
  Bill Number: H.R. 1105
  Account: Energy and Water, Investigations
  Legal Name of Requesting Entity: City of Chesapeake, Virginia
  Address of Requesting Entity: 306 Cedar Road, Chesapeake, Virginia 
23322
  Description of Request: Provides $59,000 for the Dismal Swamp and 
Dismal Swamp Canal. The remnants of Hurricane Floyd (13 September 1999) 
caused significant flooding in the city of Chesapeake and the 
surrounding region. The Dismal Swamp is maintained as a swamp by fixed 
weirs across the drainage ditches to restrict the flow of water out of 
the swamp and inward to Lake Drummond in the middle of the Dismal 
Swamp. The water exiting Lake Drummond through a feeder ditch is used 
to maintain the level of water in the Dismal Swamp Canal, a portion of 
the Atlantic Intracoastal Waterway. When Lake Drummond spilled from its 
banks due to heavy rains, it inundated areas of the City. The public 
perceives that the Corps may have prevented or minimized the flooding 
by diverting the floodwaters from Lake Drummond through the navigation 
locks at Deep Creek, Virginia, and at South Mills, North Carolina. The 
feasibility study will address these concerns as well as opportunities 
to provide for environmental restoration.
  Requesting Member: Congressman J. Randy Forbes
  Bill Number: H.R. 1105
  Account: Energy and Water, Investigations
  Legal Name of Requesting Entity: City of Chesapeake, Virginia
  Address of Requesting Entity: 306 Cedar Road, Chesapeake, Virginia 
23322
  Description of Request: Provides $478,000 for the Atlantic 
Intracoastal Waterway Bridge at Deep Creek, Virginia. The bridge, 
constructed in 1934, is a federally owned and operated facility and 
assists in navigation. The bridge passes over the Dismal Swamp Canal 
where U.S. Route 17 crosses in the city of Chesapeake. The city of 
Chesapeake requested the need to modify or replace the bridge. In 
October 1996, the approved Initial Appraisal concluded that the bridge 
is functionally obsolete because of its narrow roadway and poor 
alignment with the connecting roads, compounded by increasing traffic 
volumes. Nine pieces of fire apparatus are currently allowed to cross 
the bridge only during emergency situations. The preliminary plan is to 
replace the bridge with a five lane, split leaf pit bascule bridge. The 
City of Chesapeake (local sponsor) will assume ownership and OMRR&R 
responsibilities of the new bridge.
  Requesting Member: Congressman J. Randy Forbes
  Bill Number: H.R. 1105
  Account: Energy and Water, Investigations
  Legal Name of Requesting Entity: City of Franklin, Virginia
  Address of Requesting Entity: City of Franklin, Virginia
  Description of Request: Provides $96,000 for the Chowan River Basin. 
There are no federal flood control projects in the Chowan River

[[Page 5909]]

Basin. In many locations within the basin, six of the top 10 historical 
high water marks have occurred from 1998 forward, including the flood 
of record (Hurricane Floyd in 1999), October 2006 cold core upper level 
low (second highest), and Hurricane Isabel in 2003 (5th highest). 
Damages from these storm events have ranged from $10M to over $100M 
(February 2008 dollars). The reconnaissance study will evaluate the 
Federal interest in ways to protect the water resources of this highly 
productive basin with particular emphasis on restoring wetlands and 
forested buffers lost from erosion and flooding, reducing flood damages 
throughout the basin, and improving navigation and to determine the 
Federal interest in conducting a more detailed feasibility study.
  Requesting Member: Congressman J. Randy Forbes
  Bill Number: H.R. 1105
  Account: Energy and Water, Operations and Maintenance
  Legal Name of Requesting Entity: City of Chesapeake, Virginia
  Address of Requesting Entity: 306 Cedar Road, Chesapeake, Virginia 
23322
  Description of Request: Provides $898,000 to support the President's 
budget request for the Dismal Swamp Canal. The Dismal Swamp Canal on 
the Atlantic Intracoastal Waterway is a naturally protected navigation 
route that parallels the Atlantic coast. The canal is the oldest 
operating artificial waterway in the United States. The DSC was placed 
on the National Register of Historical Places and registered as an ASCE 
Landmark in 1988 and in 2004 it was included in the National Park 
Service's Underground Railroad Network to Freedom Program. The 
authorized depth of the canal is 10 foot; however, the project is 
currently maintained at 6-7 feet. The DSC provides navigation needs for 
vessels to travel the protected waterways of the AIWW in lieu of 
traveling through the Currituck Sound. The project also consists of one 
highway drawbridge and navigation lock, one highway drawbridge and 
navigation lock, and three water control structures. Funds will be used 
to continue to operate the low level water control structures, 
navigation locks, bridges, and canal and perform some critical backlog 
maintenance.
  Requesting Member: Congressman J. Randy Forbes
  Bill Number: H.R. 1105
  Account: Energy and Water, Investigations
  Legal Name of Requesting Entity: City of Chesapeake, Virginia
  Address of Requesting Entity: 306 Cedar Road, Chesapeake, Virginia 
23322
  Description of Request: Provides $93,000 to support the President's 
budget request for the Elizabeth River. The study area encompasses the 
entire Elizabeth River Basin. Urban, rural, industrial, and residential 
areas blend together along the Elizabeth River and its branches. More 
than 13,000 vessels use the Elizabeth River annually, many while 
navigating the Atlantic Intracoastal Waterway. Three hundred years of 
industry and commerce have made the river one of the nation's most 
contaminated waterways. Only limited wetlands in the 20-mile reach 
remain to support wildlife and filter pollution. This sub-estuary of 
the Chesapeake Bay provides spawning grounds for fish, habitat for rare 
terns, peregrine falcons and great egrets, and mud flats for shellfish. 
In 1993 the Chesapeake Bay Program identified the Elizabeth River as a 
``Region of Concern''--targeting it as one of three sites in the Bay 
watershed where contaminants pose the greatest threat to natural 
resources. Phase I consists of the sediment remediation for the 
Scuffletown Creek site.
  Requesting Member: Congressman J. Randy Forbes
  Bill Number: H.R. 1105
  Account: Interior & Environment, National Park Service, Save 
America's Treasures
  Legal Name of Requesting Entity: City of Petersburg, Virginia
  Address of Requesting Entity: 135 N. Union Street, Room 202, 
Petersburg, Virginia 23803
  Description of Request: Provides $150,000 for the rehabilitation, 
stabilization and preservation of the former home of Colonel John 
Banister, member of the Continental Congress and framer of the Articles 
of the Confederation, for future use as a museum and historical tour 
site. Constructed in 1768 as the suburban villa of Col. Banister, 
Battersea has been recognized as nationally significant by the 
Department of the Interior, National Register of Historic Places. The 
City of Petersburg purchased the house with nearly 40 acres surrounding 
it in 1985 in order to preserve the structure because of nationally 
important architectural significance, and will use funds to perform 
conservation analysis and immediate conservation treatment for water 
penetration in the foundation of the building.
  Requesting Member: Congressman J. Randy Forbes
  Bill Number: H.R. 1105
  Account: Labor, HHS, Education, Department of Health & Human 
Services, Substance Abuse and Mental Health Services Administration 
(SAMHSA)--Mental Health
  Legal Name of Requesting Entity: Chesterfield County, Virginia
  Address of Requesting Entity: 9901 Lori Road, Chesterfield, Virginia 
23832
  Description of Request: Provides $143,000 for a Dual Treatment Track 
(DTT), a pretrial diversion program for non-violent defendants that 
suffer from both a mental illness and substance abuse addiction. 
Funding would assist in expanding the population served and conducting 
a comprehensive analysis of the program in order to establish a 
research based practice that can be replicated across the nation. The 
program uses ``best practices'' models to divert individuals from the 
local jail who are of minimal threat to the community, yet in serious 
need of both substance abuse and mental health services. The DTT 
program provides benefits for everyone involved in the criminal justice 
and mental health systems. It reduces the burden of specialized care 
that the jail is forced to provide. It gives the court a new tool in 
dealing with a population that is traditionally difficult to 
effectively sentence. This program enhances the quality of life in 
Chesterfield County by creating more accountability and effective 
service delivery for the specific population of dually diagnosed 
individuals who criminally offend. Most importantly, it creates change 
in the lives of the offenders and their families, as they lead more 
productive, healthy and responsible lives.
  Requesting Member: Congressman J. Randy Forbes
  Bill Number: H.R. 1105
  Account: Transportation, HUD, Federal Highway Administration (FHWA), 
TCSP--Transportation & Community & System Preservation
  Legal Name of Requesting Entity: U.S. Army
  Address of Requesting Entity: Fort Lee, Virginia
  Description of Request: Provides $1,425,000 for an Entry Access 
Control project to construct standard design permanent access control 
facilities at Lee Avenue Gate and Sisisky Boulevard Gate, two primary 
entrance points into the cantonment area. The existing Access Control 
Points do not meet Army standards. Due to the increased incidents of 
terrorist activities it has become imperative that this installation 
have the ability to close the post to unauthorized traffic. Fort Lee 
has six Access Control Points. Installations' Access Control Points 
must be upgraded with facilities and equipment necessary to achieve 
appropriate levels of security enhancements and risk reductions.
  Requesting Member: Congressman J. Randy Forbes
  Bill Number: H.R. 1105
  Account: Transportation, HUD, Federal Highway Administration (FHWA), 
TCSP--Transportation & Community & System Preservation
  Legal Name of Requesting Entity: City of Chesapeake, Virginia
  Address of Requesting Entity: 306 Cedar Road, Chesapeake, Virginia 
23322
  Description of Request: Provides $237,500 for the Gilmerton Bridge, 
which serves as the crossing of the Southern Branch of the Elizabeth 
River for U.S. Route 13/Military Highway. The Gilmerton Bridge is a 
narrow, four-lane bridge designed to accommodate 15,000 vehicles per 
day. The Gilmerton Bridge currently handles approximately 30,000 
vehicles per day--twice its design capacity. The existing bridge has 
exceeded the expected design life and is now functionally obsolete. Due 
to structural deterioration, weight restrictions for heavy truck and 
commercial traffic have been imposed. With the anticipated growth in 
this area, it is projected that the traffic volume will increase to 
approximately 41,000 vehicles per day by the year 2021. Funding would 
be used to construct a new four-lane bridge with 12' shoulders that can 
be converted to additional travel lanes in the future.
  Requesting Member: Congressman J. Randy Forbes
  Bill Number: H.R. 1105
  Account: Transportation
  Legal Name of Requesting Entity: Chesterfield County, Virginia
  Address of Requesting Entity: 9901 Lori Road, Chesterfield, Virginia 
23832
  Description of Request: Provides $475,000 for a project involving 
construction of an interchange on I-295 at the intersection of 
Meadowville Road. The area surrounding Rt. 10/I-295 is growing into a 
large industrial hub for the region, and the interchange will provide 
necessary access to accommodate freight access into and out of the 
area. The project is included in the Richmond Region MPO's Long Range 
Transportation Plan.
  Requesting Member: Congressman J. Randy Forbes

[[Page 5910]]

  Bill Number: H.R. 1105 Account Transportation
  Legal Name of Requesting Entity: City of Chesapeake, Virginia
  Address of Requesting Entity: 306 Cedar Road, Chesapeake, Virginia 
23322
  Description of Request: Provides $237,500 for Dominion Boulevard, 
which connects Interstates 64 and 464 with U.S. Route 17 South. This 
project would replace the existing two-lane drawbridge over the 
Atlantic Intracoastal Waterway with a high rise, fixed span bridge, and 
would also widen the existing road section to four lanes. The roadway 
is also part of the National Highway System and is included in Virginia 
Department of Transportation Six-Year plan.
  Requesting Member: Congressman J. Randy Forbes
  Bill Number: H.R. 1105
  Account: Transportation, HUD, Housing and Urban Development (HUD), 
Economic Development Initiatives (EDI)
  Legal Name of Requesting Entity: City of Chesapeake, Virginia
  Address of Requesting Entity: 306 Cedar Road, Chesapeake, Virginia 
23322
  Description of Request: Provides $142,500 for a visitor center to 
preserve the historical site of the Battle of Great Bridge, a pivotal 
moment in the Revolutionary War. The visitor center will be located 
along the Albemarle and Chesapeake Canal in Chesapeake, Virginia. The 
center will draw tourists and visitors to the region who will find 
permanent and changing exhibits and programs at the center. The 
economic and cultural contributions of the center will benefit the 
Hampton Roads area. The center will receive both marine and vehicular 
traffic, provide resources for historical research, meeting spaces and 
a 100 seat theater. The park will contain interpretive signage, 
reconstructions of the historic causeway and will be ideal for events 
and re-enactments.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                           HON. SCOTT GARRETT

                             of new jersey

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. GARRETT of New Jersey. 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, Omnibus Appropriations Act of 
2009.
  Project Name--Lower Saddle River, Bergen County, NJ
  Requesting Member--Scott Garrett
  Bill Number--H.R. 1105--Omnibus Appropriations Act of 2009
  Account--Army Corps of Engineers Investigations
  Requesting Entity--U.S. Army Corps of Engineers--New York District 
Programs and Project Management Division, 26 Federal Plaza, New York, 
New York 10278-0090
  Description of the Project--Funds will be used to continue the 
Limited Reevaluation Report (LRR) for this study. This project was 
authorized in WRDA 1986, and a full project was designed in the early 
1990s, but was never built. Because the designs are somewhat now out-
of-date, and many of the existing conditions have changed, the Corps is 
forced go back and reexamine portions of the original Feasibility 
Report.
  Description of the Spending Plan--($526,000)
  Engineering Redesign With Project Hydrology and Hydraulic
  Continued Coordination with State and Federal Agencies for NEPA 
Compliance Plan Formulation Analysis with Economics Update Limited 
Project Management and Coordination Costs
  Total $526,000
  Project Name--Hackettstown Community Hospital Cancer Center
  Requesting Member--Scott Garrett
  Bill Number--H.R. 1105--Omnibus Appropriations Act of 2009
  Account--Department of Health and Human Services Health Resources and 
Services Administration (HRSA), Health Facilities and Services
  Requesting Entity--Hackettstown Community Hospital, 651 Willow Grove 
Street, Hackettstown, NJ 07840
  Description of the Project--The project's goal is to add a dedicated 
Outpatient Infusion Center, located within the Joan Knechel Cancer 
Center (Radiation Oncology). The addition of this service will help 
fulfill the goal to have a truly Comprehensive Cancer Treatment Center 
at Hackettstown Regional Medical Center. The funds will be used to 
purchase and install the specialized medical equipment and furnishings 
for these new services.
  Description of the Spending Plan--($238,000)
  *Federal Funds earmarked for Hackettstown Community Hospital (dba 
Hackettstown Regional Medical Center) FY2009 will be utilized for the 
interior build out of the existing space to become the new Infusion 
Therapy Center as part of our Comprehensive Cancer Center. 
Specifically, the funds will be used for the following purposes:
  Permit Fees: $6,105
  Contractor Supervision and Layout of Work Space: $33,855
  Casework and Carpentry: $82,221
  Roofing Work: $2,220
  Doors, Frames and Hardware: $33,061
  Aluminum Storefront and Glazing: $19,145 Acrylic Panels: $9,990
  Painting: $16,117
  Flooring & Ceramic Tile: $46,842
  Fire Extinguishers and Cabinets (for Storage): $444 Total
  Total $238,000
  Project Name--Ramapo College Nurse Training
  Requesting Member--Scott Garrett
  Bill Number--H.R. 1105--Omnibus Appropriations Act of 2009
  Account--Department of Health and Human Services, Health Resources 
and Services Administration (HRSA) Health Facilities and Services
  Requesting Entity--Ramapo College of New Jersey, 505 Ramapo Valley 
Road, Mahwah, NJ 07430
  Description of the Project--Funds will be used to purchase laboratory 
equipment related to Ramapo College's nursing program, which will be 
supported in their new academic building. Specifically, federal funding 
will be used toward purchasing nursing lab equipment, academic tutoring 
and nursing career mentoring programs.
  Description of the Spending Plan--($190,000)
  Nursing Lab Equipment (4 bed room with withal relayed equipment) 
$95,000
  Nursing Lab Technology (4 Simulators) $95,000
  Total $190,000
  Project Name--Life Safety and Security Improvements
  Requesting Member--Scott Garrett
  Bill Number--H.R. 1105--Omnibus Appropriations Act of 2009
  Account--Department of Housing and Urban Development
  Economic Development Initiative
  Requesting Entity--Christian Health Care Center
  301 Sicomac Avenue
  Wyckoff, NJ 07481
  Description of the Project--These funds will go to improving 
Christian Health Care Center's life safety and security infrastructure 
which will serve the elderly and children who reside within and visit 
our campus every day. These upgrades will also serve local first 
responders, neighbors and our staff in the event of a true emergency.
  Description of the Spending Plan--($142,500)
  Lightning risk mitigation
  (upgraded fire panels and installation of fiber optic cabling) 
$75,000
  System upgrade to addressable capabilities
  (wiring replacement between upgraded panels and patient rooms) 
$67,500
  Total $142,500
  Project Name--Intermodal Transit Improvements
  Requesting Member--Scott Garrett
  Bill Number--H.R. 1105--Omnibus Appropriations Act of 2009
  Account--Department of Transportation
  Bus and Bus Facilities
  Requesting Entity--New Jersey Transit; Penn Plaza East,
  Newark, NJ 07105-2246
  Description of the Project--The funds requested in this application 
will support the efforts of NJ TRANSIT to improve intermodal transit 
facilities throughout the northwestern part of the state.
  Description of the Spending Plan ($712,500)
  Environmental work: $7,000
  Design-in house work: $200,000
  Design services: $30,000
  Project Administration: $35,000
  Insurance: $6,800
  Construction: $433,700
  Total $712,500
  Project Name--Life Safety and Security Improvements
  Requesting Member--Scott Garrett
  Bill Number--H.R. 1105--Omnibus Appropriations Act of 2009
  Account--Department of Justice COPS Law Enforcement Technology
  Requesting Entity--Warren County Department of Public Safety 1024 
Route 57 Washington, NJ 07882

[[Page 5911]]

  Description of the Project--This project encompasses an upgrade to 
the radio network for all municipal police departments and county law 
enforcement agencies throughout Warren County. The county will be 
installing a new UHF infrastructure for those agencies within Warren 
County. This will enhance law enforcement officer safety and security 
and also improve interoperability with other state and out of state law 
enforcement agencies. This request will cover the cost of mobile and 
portable radios in each vehicle and for each officer throughout Warren 
County.
  Description of the Spending Plan--($1,250,000)
  Portable Radios $100,000
  Mobiles $25,000
  Total $1,250,000
  Project Name--Delaware Water Gap Land Acquisition
  Requesting Member--Scott Garrett
  Bill Number H.R. 1105--Omnibus Appropriations Act of 2009
  Account--Department of Interior
  NPS Land Acquisition
  Requesting Entity--The Nature Conservancy
  200 Pottersville Road
  Chester, NJ 07930
  Description of the Project--Funds will be used to acquire and 
preserve a 91.5-acre tract of land within the Delaware Water Gap 
National Recreation Area (DWGNRA). This property is a primary target 
for preservation within the DWGNRA
  Description of the Spending Plan--($1,000,000)
  Cost of Land $900,000 (Appraisal, Hazards Assessment, Title and other 
closing costs) $100,000
  Total $1,000,000

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                      HON. RODNEY P. FRELINGHUYSEN

                             of new jersey

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. FRELINGHUYSEN. Madam Speaker, pursuant to the Republican 
Leadership standards on earmarks, I am submitting the following 
information regarding earmarks I received as part of the FY 2009 
Omnibus.


       Division A: Agriculture, Rural Development, Food and Drug 
     Administration, and Related Agencies Appropriations Act, 2009

  Account: Special Research Grants
  Legal Name of Requesting Entity: Rutgers University, the State 
University of New Jersey, The Marucci Center for Blueberry and 
Cranberry Research and Extension 9
  Address of Requesting Entity: 125A Lake Oswego Road, Chatsworth, New 
Jersey 0801
  Description of Request: H.R. 1105 includes $451,000, requested by 
multiple members of Congress, to support vital ongoing research on 
natural products with beneficial health properties. New Jersey is the 
nation's second largest producer of highbush blueberries and the 
nation's third largest producer of cranberries. In 2007, New Jersey-
grown blueberries and cranberries brought in over $110 million in farm 
sales with significant benefit to the state's economy. This funding 
will support ongoing work at a University Research Center that 
addresses farm and environmental interests, at the state and national 
levels, by providing the advanced technology for the future 
sustainability of both crop industries, ensuring the competitiveness of 
growers in New Jersey and nationally. The project meets the agency's 
mission of providing sustainable nutritious food crops and enhancing 
farm sustainability.


      Division B: Commerce, Justice, Science and Related Agencies 
                        Appropriations Act, 2009

  The 11th Congressional District was directly impacted by the events 
of 9/11 and it is critical to continue to make direct investments to 
improve first responder communications and for other necessary 
technology and equipment upgrades.
  Account: Community Oriented Policing Services
  Legal Name of Entity: Morris County Office of Emergency Management
  Address of Requesting Entity: P.O. Box 900, Morristown, New Jersey 
07963-0900
  Description of Request: H.R. 1105 includes $1,000,000 for police 
communication equipment upgrades and interoperability technology 
enhancements.
  Account: Community Oriented Policing Services
  Legal Name of Entity: Somerset County Office of Emergency Management
  Address of Requesting Entity: 20 Grove Street, P.O. Box 3000, 
Somerville, NJ 08876
  Description of Request: H.R. 1105 includes $1,000,000 for police 
communication equipment upgrades and interoperability technology 
enhancements.
  Account: Community Oriented Policing Services
  Legal Name of Entity: Sussex County Office of Emergency Management
  Address of Requesting Entity: 39 High Street, Newton, New Jersey 
07860
  Description of Request: H.R. 1105 includes $950,000 for police 
communication equipment upgrades and interoperability technology 
enhancements.
  Account: Community Oriented Policing Services
  Legal Name of Entity: Essex County Office of Emergency Management
  Address of Requesting Entity: 50 Nelson Place-2nd Floor, New Courts 
Building, Newark, New Jersey 07102.
  Description of Request: H.R. 1105 includes $900,000 for police 
communication equipment upgrades and interoperability technology 
enhancements.
  Account: Community Oriented Policing Services
  Legal Name of Requesting Entity: Township of Bridgewater
  Address of Requesting Entity: P.O. Box 6300, Bridgewater, New Jersey 
08807
  Description of Request: H.R. 1105 includes $150,000 for traffic 
safety improvements.
  Account: National Aeronautics and Space Administration, Cross-Agency 
Support Programs
  Legal Name of Entity: County College of Morris
  Address of Requesting Entity: Route 10 and Center Grove Road, 
Randolph, New Jersey 07869
  Description of Request: H.R. 1105 includes $200,000 to refurbish the 
planetarium and upgrade necessary equipment.
  Account: National Aeronautics and Space Administration, Cross-Agency 
Support Programs
  Legal Name of Entity: Drew University
  Address of Requesting Entity: 36 Madison Avenue in Madison, New 
Jersey 07940
  Description of Request: H.R. 1105 includes $1,100,000 toward Drew 
University's Environmental Sciences Initiative which is a $4.6 million, 
multi-year effort that will yield significant educational benefits both 
within and outside the Drew University community by upgrading science 
research facilities, bolstering faculty expertise on critical areas of 
interest such as climate change, and extending educational 
opportunities both for students at Drew University as well as local, 
state and regional K-12 schools.
  Account: Department of Justice, Edward Byrne Memorial Justice 
Assistance Grant Programs
  Legal Name of Entity: Fairleigh Dickinson University
  Address of Requesting Entity: 285 Madison Avenue, Madison, NJ 07940
  Description of Request: H.R. 1105 includes $300,000 for Fairleigh 
Dickinson University's Law Enforcement Distance Education Project to 
develop online educational courses for delivery to state, county and 
local law enforcement.
  Account: Department of Justice, Edward Byrne Memorial Justice 
Assistance Grant Programs
  Legal Name of Entity: New Jersey Crime Victims' Law
  Address of Requesting Entity: 33 Woodport Road in Sparta, New Jersey.
  Description of Request: H.R. 1105 includes $150,000 for pro bono 
legal assistance to crime victims.


     Division C: Energy and Water Development and Related Agencies

  Account: Office of Science, Department of Energy
  Legal Name and Address of Requesting Entity: College of St. Elizabeth 
located at 2 Convent Station, Morristown, New Jersey 07960
  Description of Request: H.R. 1105 includes $475,750 for the Science, 
Math, and Technology Education Initiative at the College of St. 
Elizabeth. The funding would be used by the College of Saint Elizabeth 
to undertake initial planning, design, and construction associated with 
the renovation of Henderson Hall. This construction will provide 
significantly improved educational opportunities for women to aid them 
in the fields of science, math, and technology.
  Account: Corps of Engineers, Construction
  Legal Name and Address of Requesting Entity: The entity to receive 
the funding for this project is the Army Corps of Engineers North 
Atlantic Division, located at Jacob K. Javits Federal Building, 26 
Federal Plaza, Room 2109, New York, NY 10278-0090.
  Description of Request: H.R. 1105 includes $1,000,000 for the Passaic 
River Basin Flood Management project. This project is authorized by 
Congress. The actual design and construction will be executed by the 
Army Corps of Engineers and the New Jersey Department

[[Page 5912]]

of Environmental Protection. The funding would be used for the 
continued acquisition of homes and removal from the State defined 
Floodway that have been plagued by frequent flood damage along the 
Passaic River. The flooding has long been a problem in the Passaic 
River Basin resulting in significant losses, notably the loss of lives.
  Account: Corps of Engineers, Construction
  Legal Name and Address of Requesting Entity: The entity to receive 
the funding for this project is the Army Corps of Engineers North 
Atlantic Division, located at Jacob K. Javits Federal Building, 26 
Federal Plaza, Room 2109, New York, NY 10278-0090.
  Description of Request: H.R. 1105 includes $10,000,000 for the 
Raritan River Basin, Green Brook Sub-basin project. This project is 
authorized by Congress and funding was requested by the Administration. 
The actual design and construction will be executed by the Army Corps 
of Engineers and the New Jersey Department of Environmental Protection. 
The funding would be used finish the levee system in Bound Brook, New 
Jersey. Specifically, these dollars will be used for completion of the 
R2 Levee which will help protect the Township of Bound Brook. The Green 
Brook Sub-basin is continually subject to severe and sometimes 
devastating flood damage which has resulted in the loss of lives.
  Account: Corps of Engineers, Continuing Authorities Program Section 
205
  Legal Name and Address of Requesting Entity: The entity to receive 
the funding for this project is the Army Corps of Engineers North 
Atlantic Division, located at Jacob K. Javits Federal Building, 26 
Federal Plaza, Room 2109, New York, NY 10278-0090.
  Description of Request: H.R. 1105 lists Jackson Brook under the 
Section 205 CAP Program. This project is authorized by Congress. The 
actual design and construction will be executed by the Army Corps of 
Engineers and the County of Morris, New Jersey. The funding would be 
for completion of design, execution of a Production Cooperation 
Agreement and initiation of construction. Flood damages have occurred 
to the homes and property located on the lower part of the Jackson 
Brook Watershed and the public park facilities. Flooding has caused 
siltation in Hedden Pond.
  Account: Corps of Engineers, Construction
  Legal Name and Address of Requesting Entity: The entity to receive 
the funding for this project is the Army Corps of Engineers North 
Atlantic Division, located at Jacob K. Javits Federal Building, 26 
Federal Plaza, Room 2109, New York, NY 10278-0090.
  Description of Request: H.R. 1105 includes $11,700,000 for the 
Barnegat Inlet to Little Egg Harbor project. This project is authorized 
by Congress and funding was requested by the Administration. The actual 
design and construction will be executed by the Army Corps of Engineers 
and the New Jersey Department of Environmental Protection. The funding 
would be used for the continuation of beachfill and dune construction 
for the purpose of coastal storm damage reduction. This storm 
protection project will cover 18 miles of coastline and protect human 
life and property for residents, communities and tens of thousands of 
visitors to one of the most populated destinations along the Atlantic 
coastline.
  Account: Corps of Engineers, Continuing Authorities Program Section 
205
  Legal Name and Address of Requesting Entity: The entity to receive 
the funding for this project is the Army Corps of Engineers North 
Atlantic Division, located at Jacob K. Javits Federal Building, 26 
Federal Plaza, Room 2109, New York, NY 10278-0090.
  Description of Request: H.R. 1105 lists the Upper Passaic River and 
Tributaries, Long Hill project. This project is authorized by Congress. 
The actual design and construction will be executed by the Army Corps 
of Engineers, the New Jersey Department of Environmental Protection, 
and the Township of Long Hill. The funding would be for completion of 
design, execution of a Production Cooperation Agreement and initiation 
of construction. Flooding has caused extensive damage to businesses, 
residences, and infrastructure in and around Valley Road, the major 
thoroughfare in Long Hill Township.
  Account: Corps of Engineers, Investigations
  Legal Name and Address of Requesting Entity: The entity to receive 
the funding for this project is the Army Corps of Engineers North 
Atlantic Division, located at Jacob K. Javits Federal Building, 26 
Federal Plaza, Room 2109, and New York, NY 10278-0090.
  Description of Request: H.R. 1105 includes $717,000 for the Hudson--
Raritan, Lower Passaic River study. This project is authorized by 
Congress and funding was requested by the Administration. Today the 
Passaic River is one of the most toxic waterways in America. The actual 
design and construction will be executed by the Army Corps of Engineers 
and the New Jersey Department of Transportation. The funding would be 
use for evaluating what potential Interim Remedial Measures could be 
implemented prior to the anticipated date of completion of the full 
feasibility study.
  Account: Corps of Engineers, Construction
  Legal Name and Address of Requesting Entity: The entity to receive 
the funding for this project is the Army Corps of Engineers North 
Atlantic Division, located at Jacob K. Javits Federal Building, 26 
Federal Plaza, Room 2109, and New York, NY 10278-0090.
  Description of Request: H.R. 1105 includes $86,127,000 for the New 
York and New Jersey Harbor project. This project is authorized by 
Congress and funding was requested by the Administration. The increased 
and continued growth of the international maritime trade at the Port of 
New York and New Jersey represents a tremendous opportunity for the 
region--to create new jobs, generate higher incomes, reduce the cost of 
doing business and to raise the standard of living in the region. The 
actual design and construction will be executed by the Army Corps of 
Engineers and the Port Authority of New York and New Jersey. The 
funding would continue the 50-foot deepening project of the New York 
and New Jersey Harbor, including dredging of the Anchorage channel, the 
Kill Van Kull channel and the Ambrose Channel. Current channels within 
the Harbor range in depths from 30 to 45 feet, which are inadequate to 
provide access to the new, larger cargo ships that are being 
increasingly utilized for shipping, which require water drafts of 48 
feet and more.
  Account: Corps of Engineers, Construction
  Legal Name and Address of Requesting Entity: The entity to receive 
the funding for this project is the Army Corps of Engineers North 
Atlantic Division, located at Jacob K. Javits Federal Building, 26 
Federal Plaza, Room 2109, and New York, NY 10278-0090.
  Description of Request: H.R. 1105 includes $4,806,000 for Passaic 
River Preservation of Natural Storage Areas. This project is authorized 
by Congress. The actual design and construction will be executed by the 
Army Corps of Engineers and the New Jersey Department of Environmental 
Protection. The funding would be used for the continuation of natural 
flood storage property acquisitions along the Passaic River. Flooding 
has long been a problem in the Passaic River Basin resulting in 
significant losses, notably the loss of lives.


        Division E: Interior, Environment, and Related Agencies:

  Account: STAG Water and Wastewater Infrastructure
  Legal Name and Address of Requesting Entity: Borough of Hopatcong 
located at 111 Styx Road, Hopatcong, New Jersey 07843.
  Description of Request: H.R. 1105 includes $500,000 for the Borough 
of Hopatcong's Elba Point Water Restoration Project. The funding will 
be used to reactivate an existing community supply well to provide safe 
drinking water to the residents of the Borough. The water quality from 
the existing supply is poor due to a direct influence of the surface 
water into the well. In order to reactivate the well, the installation 
of a surface water treatment plant is required.
  Account: Land Acquisition (LWCF)
  Legal Name and Address of Requesting Entity: The entity to receive 
funding for this project is the Great Swamp National Wildlife Refuge 
located at 241 Pleasant Plains Road, Basking Ridge, New Jersey 07920.
  Description of Request: H.R. 1105 includes $750,000 for the Great 
Swamp National Wildlife Refuge, a component of Fish and Wildlife 
Service. The Great Swamp Refuge is located in Morris County, New 
Jersey, about 26 miles west of Manhattan's Times Square. The refuge was 
established by an act of Congress on November 3, 1960. The protection 
of this gem of wilderness in the heart of dense suburban development is 
one of the success stories of our National Wilderness Preservation 
System. The funding would be used to acquire an 18.31 acre parcel of 
land, known as the Great Brook Property, adjacent to the Great Swamp 
National Wildlife Refuge, which provides critical habitat for numerous 
rare species.


   Division F: Departments of Labor, Health and Human Services, and 
        Education, and Related Agencies Appropriations Act, 2009

  These projects are consistent with national health and education 
policies, including unique doctoral education programs, reducing 
cardiac disease, enhancing health information technology and increasing 
patient care to underserved areas of the community.
  Account: Higher Education
  Legal Name of Requesting Entity: Caldwell College
  Address of Requesting Entity: 9 Ryerson Avenue, Caldwell, New Jersey 
07006
  Description of Request: H.R. 1105 includes $238,000 to establish a 
Ph.D. program in Applied Behavior Analysis (ABA) geared to preparing 
individuals for leadership roles in developmental services, special 
education and

[[Page 5913]]

mental health. Caldwell College is the only college in New Jersey with 
a Master's Program in Applied Behavior Analysis (ABA), and the only 
Special Education Master's with a concentration in autism and ABA. 
Caldwell College has been increasingly sought out by schools and school 
districts that are seeking to hire teachers and administrators trained 
at the highest levels of ABA.
  Account: Health Resources and Services Administration (HRSA)--Health 
Facilities and Services Section
  Legal Name of Requesting Entity: Atlantic Health System
  Address of Requesting Entity: 475 South Street, Morristown, New 
Jersey 07960
  Description of Request: H.R. 1105 includes $476,000 to implement a 
multi-year comprehensive cardiac initiative expanding and upgrading 
services to reflect capacity strain, the growing demand for cardiac 
care and the technological changes in the industry. These services will 
aid patients with necessary care for the finest diagnosis and treatment 
of cardiovascular disease. Atlantic Health System is currently 
finishing construction of a dedicated heart hospital on the Morristown 
Memorial campus. This 223,000 square foot facility will include all 
inpatient and outpatient services.
  Account: Health Resources and Services Administration (HRSA)--Health 
Facilities and Services Section
  Legal Name of Requesting Entity: Somerset Medical Center
  Address of Requesting Entity: 110 Rehill Avenue, Somerville, NJ 08876
  Description of Request: H.R. 1105 includes $476,000 to help improve 
patient safety through its information technology initiatives. Somerset 
Medical Center is a pioneer among hospitals nationwide in the 
implementation of electronic medical records. Over the past seven 
years, the medical center has spent more than $36 million to implement 
an electronic health record system in order to become more efficient, 
reduce the cost of patient care, enhance patient safety and improve the 
overall health of the community it serves.
  Account: Health Resources and Services Administration (HRSA)--Health 
Facilities and Services Section
  Legal Name of Requesting Entity: Zufall Health Center
  Address of Requesting Entity: 17 N. Warren Street, Dover, New Jersey 
07801
  Description of Request: H.R. 1105 includes $209,000 to help to 
purchase medical equipment for their new larger facility. Purchasing 
equipment for exam and dental rooms will allow Zufall Health Center to 
increase the number of patients they are able to provide care for. 
Moreover, the planned project will allow the Health Center to provide 
comprehensive prenatal services to more than 300 women on-site.
  Division I: Transportation, Housing and Urban Development, and 
Related Agencies Appropriations Act, 2009
  Account: Department of Housing and Development, Economic Development 
Initiatives
  Legal Name of Entity: Family Services of Morris County
  Address of Requesting Entity: 4 Division Avenue, Madison, New Jersey 
07940
  Description of Request: H.R. 1105 includes $190,000 to renovate, 
repair and rehabilitate 40-year-old facilities used for adult care 
Senior citizens eighty years of age and older represent the fastest 
growing population in Morris County and the facility is in need of 
significant renovation and expansion to continue to accommodate the 
seniors' needs. This funding will be provided directly to Family 
Service of Morris County.
  Account: Department of Transportation, Surface Transportation 
Initiatives
  Legal Name of Entity: Somerset County
  Address of Requesting Entity: 20 Grove Street, Somerville, NJ 08876
  Description of Request: H.R. 1105 includes $570,000 for an authorized 
project under the Safe, Accountable, Flexible, Efficient Transportation 
Equity Act: A Legacy for Users that would be used to relieve current 
and projected traffic congestion, improve vehicular and pedestrian 
safety and integrate access to mass transit in one of the fastest 
growing regions in New Jersey. This area is currently the site of 
extremely dangerous accident ``hot spots,'' and this funding will 
greatly improve in roadway and pedestrian safety. Further, it has been 
estimated by the county that drivers are subjected to over 100 hours of 
transit delays per year in Somerset County.
  Account: Department of Transportation, Bus and Bus Facilities
  Legal Name of Entity: New Jersey Transit Corporation
  Address of Requesting Entity: One Penn Plaza, Newark, New Jersey 
07105
  Description of Request: H.R. 1105 includes $950,000 for intermodal 
improvements along the Morristown and Montclair-Boonton commuter rail 
lines in Northern New Jersey. Ridership on public transportation is at 
all time highs and it is critical to ensure that our public 
transportation system operates smoothly and can handle this increased 
demand.
  Account: Department of Transportation, Capital Investment Grants
  Legal Name of Entity: New Jersey Transit Corporation
  Address of Requesting Entity: One Penn Plaza, Newark, New Jersey 
07105
  Description of Request: H.R. 1105 includes $48,000,000 for an 
authorized project under the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users that would be used to 
construct a new two-track commuter rail tunnel beneath the Hudson River 
from New Jersey to midtown Manhattan, including a new station at 34th 
Street, six new platforms, rail storage facilities, and direct access 
to the New York City Subway system and the Penn Station complex. 
Ridership on public transportation is at all time highs and it is 
critical to ensure that our public transportation system operates 
smoothly and can handle this increased demand. This tunnel is a high-
priority, long-term project for the State of New Jersey, designed to 
significantly increase rail access and overall trans-Hudson capacity 
between New Jersey and New York--and safeguard the overall mobility and 
economic vitality of the region.

                          ____________________




                  HONORING THE ELECTION OF JUDY RAMEY

                                 ______
                                 

                        HON. TRAVIS W. CHILDERS

                             of mississippi

                    in the house of representatives

                      Wednesday, February 25, 2009

  Mr. CHILDERS. Madam Speaker, I rise today to recognize Mrs. Judy 
Ramey; who recently was elected as President of the Commissioners Group 
in Mississippi, which is composed of Commissioners representing all 82 
Counties in my home State of Mississippi. In addition to the office she 
will be taking now, Mrs. Ramey has been the three-term mayor of 
Marietta, a Chief Nursing Officer, and an Assistant Hospital 
Administrator in my hometown of Boonville, in Prentiss County, 
Mississippi.
  Mrs. Ramey has been an active member in the Commissioners Group for 
the past ten years, and in 2008 she acted as the Group's Vice-
President. In that time she earned the respect of her coworkers. Her 
colleagues had such faith in her leadership that she was unanimously 
voted into her position. I am confident that her hard work will be to 
the benefit of the people in Mississippi. I would like to take this 
time to thank her for her public service, and commend her for the 
example that she is giving for others.

                          ____________________




                       SENATE COMMITTEE MEETINGS

  Title IV of Senate Resolution 4, agreed to by the Senate on February 
4, 1977, calls for establishment of a system for a computerized 
schedule of all meetings and hearings of Senate committees, 
subcommittees, joint committees, and committees of conference. This 
title requires all such committees to notify the Office of the Senate 
Daily Digest--designated by the Rules Committee--of the time, place, 
and purpose of the meetings, when scheduled, and any cancellations or 
changes in the meetings as they occur.
  As an additional procedure along with the computerization of this 
information, the Office of the Senate Daily Digest will prepare this 
information for printing in the Extensions of Remarks section of the 
Congressional Record on Monday and Wednesday of each week.
  Meetings scheduled for Thursday, February 26, 2009 may be found in 
the Daily Digest of today's Record.

                           MEETINGS SCHEDULED

                                MARCH 3
     9:30 a.m.
       Armed Services
         To hold hearings to examine acquisition of major weapons 
           systems by the Department of Defense.
                                                            SH-216
     10 a.m.
       Banking, Housing, and Urban Affairs
         To hold hearings to examine consumer protections in 
           financial services.
                                                            SD-538

[[Page 5914]]

       Budget
         To hold hearings to examine economic and budget 
           challenges for the short and long term.
                                                            SD-608
       Energy and Natural Resources
         To hold an oversight hearing 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 opportunities and impediments in 
           installation of smart grid technologies.
                                                            SD-366
       Foreign Relations
         To hold hearings to examine Iranian political and nuclear 
           realities and United States policy options.
                                                            SD-419
     2:30 p.m.
       Intelligence
         To hold closed hearings to examine intelligence matters, 
           receiving testimony from officials of the intelligence 
           community.
                                                            SH-219

                                MARCH 4
     9 a.m.
       Homeland Security and Governmental Affairs
         To hold hearings to examine systemic risk and breakdown 
           of financial governance.
                                                            SD-342
     9:30 a.m.
       Budget
         To hold hearings to examine the President's proposed 
           budget for fiscal year 2010.
                                                            SD-608
     10 a.m.
       Judiciary
         To hold hearings to examine getting to the truth through 
           a nonpartisan commission of inquiry.
                                                            SD-226
     10:30 a.m.
       Agriculture, Nutrition, and Forestry
         To hold hearings to examine improving nutrition for 
           America's children in difficult economic times.
                                                            SH-216
     2:30 p.m.
       Foreign Relations
         To hold closed briefing to examine Iran status report, 
           focusing on nuclear and political issues.
                                                           SVC-217
       Homeland Security and Governmental Affairs
       Investigations Subcommittee
         To hold hearings to examine tax haven banks and United 
           States tax compliance, focusing on obtaining names of 
           United States clients with Swiss Accounts.
                                                            SD-342

                                MARCH 5
     9:30 a.m.
       Energy and Natural Resources
         To hold an oversight hearing to examine future directions 
           of energy research and development, and to identify key 
           scientific and technological hurdles.
                                                            SD-366
       Veterans' Affairs
         To hold joint hearings to examine the legislative 
           presentations of veterans' service organizations.
                                                            SD-106
     10 a.m.
       Banking, Housing, and Urban Affairs
         To hold hearings to examine American International Group, 
           focusing on government intervention and implications 
           for future regulation.
                                                            SD-538
       Homeland Security and Governmental Affairs
         To hold hearings to examine transparency and 
           accountability for recovery and reinvestment spending.
                                                            SD-342
     10:30 a.m.
       Foreign Relations
         To hold hearings to examine United States strategy 
           regarding Iran.
                                                            SD-419
     2:30 p.m.
       Intelligence
         To hold closed hearings to examine intelligence matters, 
           receiving testimony from officials of the intelligence 
           community.
                                                            SH-219

                                MARCH 10
     9:30 a.m.
       Veterans' Affairs
         To hold an oversight hearing to examine budget for 
           veterans programs for fiscal year 2010.
                                                            SR-418

                                MARCH 12
     9:30 a.m.
       Veterans' Affairs
         To hold joint hearings to examine legislative 
           presentations of veterans' service organizations.
                                                            SD-106

                                MARCH 18
     9:30 a.m.
       Veterans' Affairs
         To hold joint hearings to examine the legislative 
           presentation of the Veterans of Foreign Wars.
                                              334, Cannon Building

                                MARCH 25
     9:30 a.m.
       Veterans' Affairs
         To hold hearings to examine State-of-the-Art information 
           technology (IT) solutions for Veterans' Affairs 
           benefits delivery.
                                                            SR-418