[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
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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
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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
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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,
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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
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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,
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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