implore you not to forget the children. it is a disgrace that in a country this great and this wealthy that any child should go home and go to bed hungry. . so i ask you to vote for this bill or go out and tell a child, you are just not valuable enough to save. thank you. i yield back. the speaker pro tempore: the gentlewoman from nevada yields back the balance of her time. the gentleman from northern mariana islands reserves. the gentleman from kentucky is recognized. >> i have no speakers at this time. i continue to reserve. the speaker pro tempore: the gentleman reserves. the gentleman from the northern mariana islands is recognized? mr. sablan: i yield two minutes to the gentlewoman from nevada, ms. berkley, for two minutes. the speaker pro tempore: the gentlewoman from nevada is recognized for two minutes. ms. berkley: i thank the gentleman for yielding time for me. i rise in support of h.r. 5012, the weekend without hunger act, and i want to personally and

forcefully thank congresswoman dina titus for introducing this important piece of legislation. congresswoman titus and i share southern nevada as oured a joining congressional districts. let me tell you what's happening there. we have a serious economic problem. almost 20% of the people i represent have no work. that translates and transfers down to their children who are having very serious times as are their parents. for so many children in the clark county school district the only meals they are getting, the only hot meals they are getting, the only meals and nutrition of any kind are the ones they are receiving in school. so many of the schools in clark county are not -- now not only serving a lunch to their schoolchildren, they're also serving breakfast as well. so many of our youngsters are showing up at school with an

empty stomach because they have nothing to eat at home. try learning when you're 5, 6, 7, 8 years old when your tummy is grumbling as you sit in your class. it's not possible to do. i attended a school, whitney elementary school, and went into one of the trailers that the principal escorted me to. it was filled with food, and i commented, why is there so much food in this trailer? and she told me, 70% -- let me say that again -- 70% of the children in this elementary school are homeless. they are living on the streets with their parents. they are living in cars. they do not have a stable home. if they don't have a stable home i bet you dollars to doughnuts they don't got anything to eat. this program, this pilot program that congresswoman titus has introduced, would provide a five-year pilot that would

provide commodities to eligible institutions such as schools and food banks to carry out projects that provide nutritious food to at-risk schoolchildren over the weekend and school holidays. may i have an extra 30 seconds? mr. sablan: i yield the lady one minute. ms. berkley: it's incompre hencible to me -- incomprehensible to me that in a country with so much abundance that we have hundreds of thousands if not millions of children going to bed hungry and having to depend on their schools in order to get anything to eat. this school backpack program that provides children with food to take home over the weekend is going to be the difference between their survival and not. i cannot tell you how much i admire dina titus for introducing this. i wish i thought of it myself. let us pass this bill, and let's pass it fast. and i thank you very much and yield back the balance of my time. the speaker pro tempore: the

woman from nevada yields back the balance of her time. the gentleman from kentucky. mr. guthrie: i have no speakers at this time. i continue to reserve. the speaker pro tempore: ok. the gentleman from kentucky reserves. the gentleman from the northern mariana islands is recognized. mr. sablan: mr. speaker, did -- let me close. mr. speaker, i ask for support on h.r. 5012, as amended, and i yield back. the speaker pro tempore: the gentleman yields back. the gentleman from kentucky. mr. guthrie: mr. speaker, i yield back my time. the speaker pro tempore: the gentleman from kentucky yields back. the question is will the house suspend the rules and pass h.r. 5012. as amended. all those in favor say aye. those opposed, no. in the opinion of the chair, 2/3 having responded in the affirmative, the rules are

suspended, the bill is passed and without objection the motion to reconsider is laid on the table. for what purpose does the gentleman from the northern mariana islands seek recognition? mr. sablan: mr. speaker, i move that the house suspend the rules and agree to senate bill 3817 as amended. the speaker pro tempore: the clerk will report the title of the bill. the clerk: senate 3817, an act to amend the child abuse prevention and treatment act of family violence and prevention services act, the child abuse and adoption reform act of 1978 and the abandoned infants assistance act of 1978 to re-authorize the acts and for other purposes. the speaker pro tempore: pursuant to the rule, the gentleman from the northern mariana islands, mr. sablan, and the gentleman from kentucky, mr. guthrie, will each control 20 minutes. the chair recognizes the gentleman from the northern mariana islands, mr. sablan. mr. sablan: thank you, mr. speaker.

i request five legislative days during which members may revise and extend and insert extraneous material on senate bill 3817 into the record. the speaker pro tempore: without objection. mr. sablan: mr. speaker, i yield myself such time as i may consume. the speaker pro tempore: the gentleman is recognized. mr. sablan: mr. speaker, i rise today in support of senate bill 3817 as amended which re-authorizes and improves the child abuse prevention and treatment act, the family violence prevention and services act, the adoption opportunities act and the abandon infant assistance act. these programs are critical to our nation's effort to help some of the nation's most vulnerable children. child abuse and neglect continues to be a significant problem in this country. in 2008, approximately 772,000 children were determined to be victims of child abuse and neglect, and an estimated 1,740 children died in 2009 as a result of child abuse. a report of child abuse is made every 10 seconds in the united states.

in addition to having physical harm, they are more often have documental delays, be arrested as juveniles and adults, have anxiety other mental health problems, engage in high-risk -- in 1974 congress enacted the child abuse and prevention treatment act, or capta, to preventing and responding to child abuse and neglect. that landmark legislation helped established the minimum standards for specific reporting and response practices for states to include in their child protection laws. capta remains the only federal legislation exclusively dedicated to preventing, assessing, identifying and treating child abuse and neglect. in order to receive grants under the act, states are required to have procedures in place for receiving and responding to allegations of abuse or neglect

and for ensuring children safety. since its enactment, capta has been re-authorized numerous times. more recently the keeping children and families safe act of 2003. currently, it authorizes three critical programs. this includes grants to states to help improve their child protective services, competitive grants to prevent and treat child abuse and neglect and formulate grants for community based prevention services. in addition, capta authorizes state grants commonly referred to the children grants act to handling child abuse and neglect cases. this capta re-authorization works to work and expand the evidence based best practices in the area of child welfare and encourage states to adopt a differential response model in working with at-risk families and in preventing and intervening cases of child abuse

or neglect. differential response allows child welfare agencies to interview -- intervene with families in more supportive ways, often by focusing or -- on families' strengths. it is more supportive to families leading to safer and stronger homes for children. the community based child abuse prevention to encourage a greater child and family voice in planning efforts. it takes steps to improve research on how to prevent child abuse and neglect in tribal families, enhance access to tribes and help tribal leaders in advisory roles. thanks to mrs. mccarthy's leadership on the issue, the bill ensures fewer children will fall through the cracks by improving services when there are cross-jurisdictional

complications. also included in this legislation is the fbsa is the strength for domestic violence shelters and victims of domestic violence and their children. over 3,000 shelters receive grants under this statue. under this legislation, this will help the needs of children exposed to domestic violence, including teen dating violence or abuse. it expands capacity for the national domestic domestic hotline which provides a toll free 24-hour hotline to offer assistance and referrals to victims of domestic violence and families. this bill reflects some of the language from h.r. 4116, re-authorizing the bill of which i am an original co-sponsor. it will strengthen the coalition against domestic and sexual violence in the northern mariana islands and similar groups

working to help victims in other u.s. in similar areas. this nongovernmental organization provides shelter, counseling and intervention and prevention services. but for island your diction, like the northern mariana islands, providing this help can be difficult. we have three million inhabitant islands and services is not readily available in others. passage of s. 3817 will allow for establishment of shelters on each of the three islands to provide temporary protection for victims. currently the single shelter on the island of saipan is inaccessible of those living in rota. i want to thank representative gwen moore and her staff helping ensure that areas are pro tected from domestic violence. education and the labor committee, chairman george miller, has also been a strong supporter. i also want to thank the sponsor

of the senate bill, senator chris dodd, for his leadership in bringing this important legislation to the house as well as senators daniel inway, daniel akaka and jeff binghamton and chairman tom harkin for helping to ensure that help is available for victims of sexual and domestic assault anywhere in america. finally, i want to thank mr. kline for working with us on working this legislation. mr. speaker, i ask my colleagues to re-authorize the child abuse and prevention and treatment act. i reserve the balance of my time. the speaker pro tempore: the gentleman reserves. for what purpose does the gentleman from kentucky rise? mr. guthrie: mr. speaker, i yield myself such time as i may consume. i rise in support of senate bill 3817, the child abuse prevention and treatment act re-authorization of 2010. this bill re-authorizes the child abuse prevention and treatment act, the family

violence and services prevention act and the adoption opportunities act. this is a narrowly tailored and responsibility re-authorization for these laws, to update and improve these programs that help children and their families from violence. this bill maintains current funding re-authorization levels and does not add any new programs. it does, however, makes some good policy changes that will help protect children in need. abused and neglected children will help find families faster and help local governments to better protect these children better. one is to support training and collaboration between child protective services and domestic violence service providers. it will help prevent child abuse and neglect through initiatives such as differential response which allows professionals to assess children and families' needs without requiring a determination that a maltreatment has occurred. this legislation also includes training for professionals to help meet the needs of children

with disabilities and provides a better link between child protective services to improve diagnosis and assistance to these children. the bill provides technical assistance and training on domestic violence to state and local agencies and puts an increased emphasis on family violence, including dating violence. this is a responsible re-authorization and modernizes these important programs and does so without increasing authorization levels or without adding new federal programs. it will help states and local governments protect our most vulnerable citizens through coordination and training. this is a good, responsible re-authorization, and i urge my colleagues to support it. i reserve the balance of my time. the speaker pro tempore: the gentleman reserves the balance of his time. the gentleman from the northern mariana islands. mr. sablan: mr. speaker, i'm pleased to recognize at this time the gentlewoman from new york, the chair of the subcommittee on healthy families, mrs. mccarthy, for two minutes. the speaker pro tempore: the gentlewoman is so recognized. mrs. mccarthy: i want to thank

my colleague, mr. sablan for supporting this. i rise in support of s. 3817, the child abuse prevention treatment re-authorization of 2010. first, i want to thank chairman miller and ranking member kleine for their hard work and -- ranking member kline for their hard work and the staff who worked hard on this issue also. i want to thank senator harkin and dodd for their leadership on getting this bill through the senate. abuse and neglect and fatalities are of significant concerns for all of us in this nation. and i am proud that we are addressing this today. as a nurse for over 30 years, i have seen firsthand the risks, the illnesses that can result due to abuse and neglect. something that surfaced in our hearings on the subcommittee, child abuse does not respect state lines. as a result of the hearing, i introduced a bill called protecting children across state lines act.

i am pleased to have this included in the legislation. it does two things, one, it requires data to be collected showing the basis of multiple state authorities being involved. two, it clarifies the state task force recommendations for comprehensive protection for if our children to address issues in which multiple state authorities are involved. we know children who experience or witness abuse or neglect have their sense of security, trust, and safety shaken to the core. studies show that young children are more likely to be reported as victims. maltreatment rates for infants is 21%, compared to 13% for children ages 1 to 3. neglect is one of the most troublesome problems we face in this area. more than 60% of children who come to the attention of child welfare authority are victims of neglect. sometimes cases of neglect happen due to the simple fact

that parents need assistance. these parents are not monsters, they just need to be connected with available services or need help with basic parenting skills. we know from studies that the impact of chronic, long-term neglect -- mr. sablan: i yield the gentlewoman an additional 30 seconds. the speaker pro tempore: the gentlelady is recognized for 30 seconds. mrs. mccarthy: children who are victims of neglect are more likely to be arrested ar true ancy, they have poorer health outcomes as adults. we created a single federal foe couns child abuse and neglect. the rates have decreased in recent years but the rates of neglect have remained constant. difficult financial times can lead to violence. mr. speaker, i urge all of my colleagues to vote for this this is for the children of this nation.

i urge them to support s. 3817. the speaker pro tempore: the gentlewoman's time has expired. the gentleman from kentucky will be recognized. >> i have no speakers at this time, i continue to reserve. the speaker pro tempore: the gentleman from northern mariana. mr. sablan: at this time i'm pleased to recognize the gentlewoman from wisconsin, ms. moore, for three minutes. the speaker pro tempore: the gentlewoman from wisconsin is recognized for three minutes. ms. moore: thank you, representative is a plan for yielding and thank you, mr. speaker. i am so overjoyed to be rising today to celebrate the imminent passage of the child abuse prevention and treatment act. by taking swift action to pass these bills before the end of the year, we are taking a stand to protect victims of domestic

violence as well as children who are victims of abuse. we are also taking landmark steps to help break the cycle of abuse for generations to come. i want to pause here to personally thank chairman george miller of the education and labor committee and senator chris dodd. i have worked so hard to bring attention to these bills and i've been fortunate enough to have strong allies of these two chairmen, both of whom are extremely committed to these two causes. i have had the honor of being the lead sponsor and champion for ftsa in the house but i wouldn't be celebrating here today without the good work of chairman miller and senator dodd. i also need to acknowledge and thank the many advocates and victim service providers who ral lid support at key moments,

particularly the advocates from the national network to end domestic violence and the wisconsin coalition against domestic violence. in spite of the fact that we've made great progress toward acknowledging that domestic violence is a crime and a crisis and a threat to public health, we've got such a long way to go. one in four women in this country experiences domestic violence in her life. every day in this country, an average of three women are killed by a current or former intimate partner. in my state alone, deaths from domestic violence are the highest in a decade. approximately 15.5 million children are exposed to domestic violence each year. in fact, one half to 2/3 of domestic violence shelter residents are children. the women and men who are

vimized live in each and every one of our congressional districts. they come from all walks of life, regardless of sose yo economic status, ethnicity, religion, partisan affiliation, they're friends, neighbors, co-workers and some in this room have been victims and survivors of this violence. since the economic downturn started, we've been hearing more and more horror stories from the shelters and service providers. the economy has been a very bad situation, made a bad situation worse for an increasing number of victims. many of whom have few resources to flee their abusers. mr. sablan: i yield another 30 seconds to the gentlewoman. the speaker pro tempore: the gentlewoman is recognized for an additional 30 seconds. ms. moore: thank you, mr. chairman.

we said the legislation keeps the lights on for these programs and has always done a great job. the beautiful thing about the program is the re-authorization authorizes more activities to help us better treat children in particular who are traumatized by this violence and with that, i would yield back the balance of my time. the speaker pro tempore: the gentlewoman yields back. the gentleman from kentucky is are recognized. >> i'd like to inquire if there are further speakers on the other side? mr. sablan: yes, we do. >> i'll continue to reserve. e the speaker pro tempore: the gentleman from kentucky continues to reserve. the gentleman from the northern mariana islands is recognized. mr. sablan: i'm pleased to recognize the gentleman from california, mr. miller, for as much time as he may consume. the speaker pro tempore: the gentleman is are recognized for such time as he may consume. mr. miller: i rise in support of s. 3817, the child abuse

prevention and treatment act of 2010. it's the only legislation treating the effects of child abuse and neglect. this includes a number of reforms for more use of the best practices in the child welfare system. first it focus os -- focuses on the vulnerable populations, and children with disabilities. it strengthens the data collection and analysis to improve state coordination to help prevent child abuse. third we improve training of people who work with abused and neglected children to ensure the best practices are are followed and families remain whole where possible and children are removed from dangerous situations where needed. the democratic congress has taken swift action to protect our children. it is clear we need to do more to help children in their homes. this bill will address domestic

violence by re-authorizing the family violence prevention service act. i want to thank the gentlewoman who preceded me, ms. moore, for her work in this subject. we know one in four women are abused by a partner in their adult life and three women have been killed by a nart for the every day in this country and 15.5 million children are exposed to domestic vibles each year. we know women between the ages of 16 and 24 are the greatest risk of being victims of domestic violence. that's why this legislation is so important and that we allow dating violence victims to be recognized as recipients of services under this legislation. it's very important, legislation to protect women from this violence. it was over 30 years ago when i visited the first shelter for victims of domestic violence in the san francisco bay area started by women to help protect

women and to try to get them services. later came to this congress for its first appropriation for services to shelters protecting women from the domestic violence situation and trying to show them how, necessary, they would be able to live independently or they would be able to provide counseling for their abuser and see whether or not children could be protected. that was a long time ago. we've come a long way in this country but this legislation is incredibly important that we continue this effort to protect these most vulnerable partners the relationships that are abused on an everyday basis in this country still in numbers far too great for us to consider that this problem has been solved. i want to thank congressman kline, mr. guthrie and congress man -- and to carolyn mccarthy for her work and all the work

she's devoted her time to with respect to the issues of child abuse and domestic violence that resulted in this legislation. i hope with a few quick changes we'll be able to send this back to the senate than they'll support this. i want to thank the gentleman from the northern mariana islands for managing the time. the speaker pro tempore: the gentleman from kentucky. >> i continue to reserve. the speaker pro tempore: the gentleman from the northern mariana islands is recognized. mr. sablan: does the gentleman have further speakers? >> i have no further speakers and i yield back my time. the speaker pro tempore: the gentleman from kentucky yields back the balance of his time. the gentleman from northern mariana islands is recognized. mr. sablan: thank you, mr. speaker. i urge my colleagues to support senate bill 3817 as amended and yield back the balance of my time. the speaker pro tempore: the gentleman yields back the balance of his time. the question is will the house suspend the rules and pass

senate 3817 as amended. those in favor say aye. those opposed, no. in the opinion of the chair, 2/3 being in the affirmative, the rules are suspended, the bill is passed and without objection, the motion to reconsider is laid on the table. for what purpose does the gentleman from california seek recognition? mr. miller: i move that the house suspend the rules and agree to h.r. 6495 as amended. the speaker pro tempore: the clerk will report the title of the bill. the clerk: h.r. 6495, a bill to improve compliance with mine safety and health laws, empower miners to raise safety concerns and for other purposes. the speaker pro tempore: the gentleman from california, mr. miller and the gentleman from kentucky, mr. guthrie, each will control 20 minutes. the chair recognizes the gentleman from california. mr. miller: i request five legislative days in which

members may revise and extend and insert extraneous material on h.r. 6495 into the record. the speaker pro tempore: without objection. mr. miller: and i yield myself such time as i may consume. the speaker pro tempore: the gentleman is recognizeded. mr. miller: the house considers important legislation to address gaps in mine safety laws. despite progress, more than 600 miners have been killed on the job in the last 10 years. most recently, 29 were killed in a massive explosion in april that killed miners over a two-mile s.w.a.t. of twisted rail car tracks, twisted like pretzels. after every major tragedy, promises are made by public officials and made to miners and to the families and survivors that the timely action will be taken to make sure this thing never happens again. this act the robert c. byrd mine safety protection act, is our chance to make a down payment on

that promise. first the bill addresses the broken pattern of violations. with these fixes, those mine operators who violate safety standards will be held accountable. current law has so many loopholes it invites delay and allows people to game the system. big branch mine was an example of a mine skirting the laws. it was subject to 515 violations and 54 withdrawal orders in 2009, more than any other mine in the country. red flags were waving about the miners repeated unwarrantable failures. yet because massey indiscriminately appealed and evaded stronger sanctions that would have improved conditions and perhaps saved lives. the bill sets fair criteria to eliminate safety problems and

eliminate incentives for mine owners to game the system. i believe the 29 miners who lost their loves would be alive today if this had been in place. it gives miners protection against retaliation if they speak up about the dangerous conditions under which they work. stanley "goose" stewart was working in upper big branch mine the day it exploded he testified twice before the committee about the persistent fear and intimidation faced by workers from the mas see management he said in his years working from mas see, they took coal mining back@early 1900's. he urged us to give miners the ability to stand up to rogue mine operators. this bill empowers miners to speak up about safety concerns by strengthening whistleblower protection and gives miners the right to refuse to work in unsafe conditions. third many ohave asked why the mine safety health administration failed to close down unsafe mines such as upper big branch with repeated violations of the law this bill clarifies that they can seek a

court order to close a mine that engages in a course of conduct that endangers miners. fourth, they lack subpoena power for investigations. under current law, m thatsha -- msha, the legislation gives them subpoena power for full investigations. fifth, miners testify that many parts of the country, msha does not inspect mines during weekends or night shifts. this legislation requires inspections that occur on all shifts and days of the week. if inspection times are unpredictable, operators will be motivated to have more safety across all shifts. sixth, the bill provides meaningful sanctions against those who intentionally provide advanced notice of unannounced mine safety health inspections. all too often mine operators call ahead of inspectors and -- directors and then cover up

unsafe working conditions. one witness said that methane detectors were tampered with so that it would not stop production if methane levels got too high. today, this violation is a mere misdemeanor. tampering with this would be a felony, according to this legislation. these reforms will only apply to coal mines, underground mines that release significant amounts of methanes and combustible gases. the bill is the result of months of deliberations with stakeholders and experts, including miners, families, academics, the state officials and various sktst sectors of the mining industry. it is part of our ongoing commitment to sago, crandall mines, dashy and now upper big branch mine disasters that their loved ones' deaths would not be in vain and their calls for change would be heeded. the legislation also honors the late senator robert c. byrne

byrd. senator byrd said after sago, if we truly are a moral nation then these moral values must be reflected and the government agencies that are charged with protecting the lives of our citizens. i agree and this legislation redeems that sentiment of senator byrd. and i urge my colleagues to support this important legislation. i reserve the balance of my time. the speaker pro tempore: the gentleman reserves. the gentleman from kentucky. mr. guthrie: thank you, mr. speaker. i yield myself such time as i may consume. the speaker pro tempore: the gentleman is recognized. mr. guthrie: on april 5 of this year, a tragedy struck west virginia. on that day an explosion at the upper big branch coal mine killed 29 miners and provided a stark reminder that coal mining is a profession marked by risk and dangers. while steps have been taken to strengthen protections to miners, this legislation reminds us that more work is to be done. i believe that more work can be done to reduce the dangers

inherent to those that mine the natural resources that power our nation. that is why it is with deep regret i oppose the legislation before us today. once again, well intended reforms addressing a vital issue are being rushed through a flawed process and results in a deeply flawed bill. this is not the way to govern. this is not the way to advance the concerns and interests of the american people and is not the way to strengthen important safety protection for miners. the bill we are considering today under suspension of the house rules is the wrong response for several important reasons. first, it seeks to create a solution to a problem we do not fully understand. the explosion at upper big branch resulted in the worse mining disaster in 40 years. since that time, significant state and federal resources have been brought to bear to investigate the cause of the incident. help identify weaknesses in existing law and whether current law is being obeyed by mining operators. these are critical questions for which we are still waiting answers.

the majority's proposal also ignores important steps to mine health and safety administration has taken in recent months to strengthen standards through existing law. republicans have consistently called on the mine safety and health administration touality lies all the tools at its dislows -- to utilize all the tools at its disposal. i am glad to see the agency is doing just that. the mine safety and health administration has revised the current framework of identifying mines with a pattern of violations. for 30 years this process has been broken. today, that pros is changed and we are just beginning to see the results. the mine safety administration has reformed the process and has notified more than a dozen mine operators they are at risk of being placed in a pattern of violation. it is a step in the right direction. the agency has also implemented new rock testing standards, increase the risk of personal dust monitors and is looking at ways to improve the broken conference process. we may question why the agency

did not act sooner, but it's important to recognize that steps are being taken today. congress should not preempt and potentially undercut reforms today before we have an opportunity to learn whether they work. some of my colleagues may argue that these are simply process arguments, that ordinary americans don't care about. i don't like discussing process any more than the next person, but i think we've learned over the last two years that the american people care a great deal about the manner in which congress conducts its business because a flawed process reflects in bad law. today's resolution is no exception. the process we are considering today puts punishment before prevention. it is based on the faulty premise that simply increasing penalties can lead to better safety. our goal is to prevent injuries and illnesses before they occur. we shouldn't establish a regime that may discourage employers from taking actions they believe to strengthen their workers' safety. we can punish bad actors but we

must never lose sight of the fact that preventing hazards should be our first priority. there are other flaws in the legislation, including a provision that would expand the criminalization of a person's knowing conduct as well as upending in some cases the long established at-will employment doctrine which will insert federal judges in the hiring and firing of mine operators and their workers. last friday, the majority introduced h.r. 6495 with no advanced warning and not consulting with republicans. yet here we are days later saying this is the only opportunity that members of the house will advance mine safety. following the same playbook used time and again by this majority, we don't have time for a full and open debate and no amendments to fix the areas i have just described. a flawed process is resulting in yet another flawed bill. on behalf of miners and their families, let me respectfully say they deserve better. i urge my colleagues to oppose this bill. mr. speaker, i reserve the

balance of my time. the speaker pro tempore: the gentleman reserves. the gentleman from california is recognized. mr. miller: i yield to mr. rahall. the speaker pro tempore: the gentleman from west virginia is recognized. mr. rahall: mr. speaker, i ask unanimous consent to revise and extend my remarks. the speaker pro tempore: without objection. mr. rahall: miners have powered the fuel that powers this nation. they labor in the most toughest and dangerous work environments. for that reason our nation has long recognized its duty to ensure their health and safety on the job. god bless our nation's coal miners. this year has been a tragic one in our coal fields. we have to date lost 48 miners and we witnessed the worst coal mine disaster in 40 years already referenced on the floor losing 29 young lives and one blast in my home county. we have much work to do in our mine safety system.

though i ask my colleagues not to paint the coal industry with too broad a brush. there are many coal companies with admirable safety records with time and money devoted to keeping their miners safe and several of them have worked diligently with myself, with chairman miller and the education and labor committee to make improvements to this bill. they are models for the industry and employers everywhere. and i take this moment to salute the chairman of our education and labor committee, george miller, for the manner on which he's worked not on this legislation but all previous coal mine and health and safety legislation as well. our coal miners have a friend in george miller from california. however, just as surely as there are good actors that deserve our respect, we must recognize that the safety challenges of coal country will not end with the retirement of one individual, one so-called dark lord. unless we remain vigilant while miners labor in harm's way,

another voldimorf will rise. we will labor, share responsibility to rein in those few bad actors who would put profits before safety. critics of this legislation argue that it needs additional wordsmithing, that provisions need tweaking or trimming, that we ought to wait the results of the current investigation and i appreciate that perspective. while many of these might provide criticism, none of them outweighs the truth conflicting this particular member of congress. as representative of the district in which the u.b.b. mine is there, i will vote for this legislation. there have been additional deaths since upper big baverage. carol, jason, christopher, kenny, robert, corey, timmy,

michael, william, steve, dean, rick, william, joe, ronald, james, adam, rex, josh, howard, dillard, joe price, grover, benny, ricky are those who died. i stood vigil with their families, the mothers, the fathers, their sisters, their brothers, wives, children and grandchildren. we waited together throughout those anguishing days in the aftermath of that devastating explosion that took these 29 brave individuals too early from this earth. i prayed with them. i ate with them. and in the end i grieved with them. if i voted against this legislation, my colleagues, that might have saved their loved ones, i could never again look them in the eyes. today, i will cast my vote for this appropriately named robert

c. byrd mine safety protection act. and i will continue to work with my colleagues to address the needs of our coal miners and our coal industry in the weeks and months ahead. those needs exist, and those needs need to be addressed and we need to address them, all stakeholders, that chairman miller has done so well, all stakeholders working together to indeed make our coal mines a safer place in which to work. the speaker pro tempore: the gentleman's time has expired. the gentleman from kentucky. mr. guthrie: thank you, mr. speaker. i'd like to yield three minutes to the gentlelady from west virginia, ms. -- mrs. capito. the speaker pro tempore: the gentlelady is recognized. mrs. capito: on numerous occasion we have bowed our heads in solemn reverence for the miners we have lost in tragedy. we have watched as our small towns and their steps have been trust thrusted in the nation's eyes. as we heard on april 5 of this

year we suffered the worst mine disaster in more than a generation. an underground explosion swept through the massey energy's upper big branch mine claiming 29 lives which my colleague from west virginia just enumerated very eloquently. let me be clear that the issue of mine safety is a very personal one to every west virginian. our family and our friends are in the minds. currently, multiple investigations into the upper big branch mine are still searching for answers and following each small detail it could uncover the answer to a larger mystery. and it is just that, an unsolved investigation. even today investigators are hampered by water and are working to clear the mine before they can continue their work. with these investigations still in progress we do not know which laws were not followed by the operator, which laws msha failed to enforce and which health and safety laws were simply inadequate. and yet congress intends to lay out a heavy hand once again before our questions are

answered and before we know exactly what happened. the late senator robert c. byrd was a leader in mine safety. after the sago mine tragedy in my district, the west virginia delegation gathered in senator byrd's office and we sat together to find a -- to reach a common agenda. the senator believed that there were -- that we were there for a purpose of protecting our miners and that all ideas were welcomed at the table. i wish this congress would heed the late senator's values. this bill was rushed to the floor in the last days of this congress with little notice and some changes made at the last minute. i was heartened a few months ago when congress began a new discussion on miner safety. i appreciate the chairman of the committee having a field hearing in beckly and in allowing me to attend. so i appreciate that. in fact, there were many bills introduced as part of that discussion. unfortunately, this discussion has been too short and a single bill was green lighted by a select view few. this bill was rushed to the floor so it can be checked off on a list of accomplishments. i wholeheartedly want to better

protect the safety of our nation's miners. improving mine safety can only happen when all parties involved are working together to achieve better results. it is short sided and in essence a shot in the dark before we see the true facts. the bill we are considering takes harsh and punitive measures to introduce mine safety but promotes unnecessary litigation which will hurt those mines and miners operating in good faith on behalf of worker safety. it imposes new standards for criminal liability and subjecting them to infraks over which they have no control. if we are to truly get this right, we need to let the investigations move forward and work for a true mine safety bill that will secure the safety of our miners for generations to come. the speaker pro tempore: the gentlelady's time has expired.

the gentleman from california. mr. miller: i yield three minutes to the gentlewoman, ms. woolsey, of california, subcommittee chair of the subcommittee. the speaker pro tempore: the gentlewoman is recognized ms. woolsey: i thank the gentleman for bringing this bill forward. this is a proud day for me as an original co-sponsor of the robert c. byrd mine safety act because the health and safety of mine sers finally receiving the attention it deserves. with this legislation, we hope to prevent the appalling loss of life that continues to occur in the mining industry. the recent accident at upper big branch mine in west virginia only, and once again, proved this issue is too important to ignore, too devastating to delay. it is true that working conditions for mine verse improved over the years but many -- too many mine workers are still dying or becoming ill. as a result of incidents that

were or are preventable. everyone -- had everyone been following the law. loss of life and health of a worker is unacceptable. there is much more we can do and must do to keep miners as healthy and safe as possible. these miners deserve to know that when they leave to work in the morning and that their families deserve to know they will return that evening to their families and that they will be safe and they will be healthy. h.r. 6495 accomplishes much of that goal for underground coal mines and gas mines. the bill makes it easier to identify and improve can bes in mines with serious and repeated violations and increases the maximum penalties for underground coal mines and sanctions on those who knowingly tamper with safety equipment. h.r. 6495 also provides more

effective tools while strengthening whistle employeer protections for miners and their families. bringing mine safety into the 1st century provides a better solution for miners throughout the country. i only regret today that the important provisions from the protecting america's workers act that i introduced to mend the occupational safety and health act, the osha act are not contained in h.r. 6495 because bringing osha into the 21st century would have made a long overdue change to the osha act, the osha act a law designed to protect the health and safety of millions of nonmining workers throughout the entire nation system of mr. speaker, i will continue to support that but today we are supporting h.r. 6495, critical in protecting our

miners. i urge my colleagues to join me in supporting it. i yield back. the speaker pro tempore: the gentlelady yield back. the gentleman from kentucky. mr. gult re: i have no speakers at this time and i continue to reserve. the speaker pro tempore: the gentleman reserves. the gentleman from california. mr. miller: i yield two minutes to the gentleman from illinois, mr. heir. the speaker pro tempore: the -- mr. hare. the speaker pro tempore: the gentleman is recognized for two minutes. mr. hare: i rise in support of the robert c. byrd mine safety protection act of 2010. i'd like to begin by thanking chairman george miller and chairwoman woolsey for their tireless work on this bill. i began my career on a factly floor -- factory floor and saw the inherent dangers that exist in a workplace. it's the dangerous working conditions that i saw that continues to drive my commitment to make every workplace in america safe. compromise is inevitable in washington, d.c. keeping our workers safe, healthy, and alive is

nonnegotiable. i implore my colleagues on both sides of the aisle to remember that. it's clear that we can no longer rely on a system of fines and citations to protect our miners and we must have the ability to swiftly shut down unsafe minds to save lives. we must dim the culture of profit at all costs that treats safety upgrades as a budget line item rather than a legal and moral necessity. we have the opportunity to defend countless american workers and i ask you to join me in this never ending fight. this bill -- this bill puts forth commonsense reforms that are long overdue. it holds irresponsible mine operators accountable. one of my most unforgettable and heartbreaking moments in my congressional career occurred in

a mine safety hearing. a young boy whos father perished in a mining accident came up and asked me if i could attend one of his soccer games because quote, his daddy was in heaven and couldn't go." every worker deserves to come home safely and this bill will go to great lengths to ensure that this is possible for all mineworkers. i ask my colleagues to stand up for all american workers and support this critical legislation. i yield back the balance of my time. the speaker pro tempore: the gentleman from kentucky. mr. guthrie: i continue to reserve. the speaker pro tempore: the gentleman from california. mr. miller: i yield one minute to ms. shea-porter a member of the committee. the speaker pro tempore: the gentlelady is recognized. ms. shea-porter: thank you mr. speaker and thank you, mr. chairman for your leadership on

this issue. after the accident at big branch mine, the committee went to west virginia to hear directly from the families of the victims. words cannot adequately describe the pain in that room as they described how their loved ones went reluctantly to work at an unsafe job. this is not the first time we've found ourselves across the table from loved ones who lost someone in a tragedy. after crandall in 2007 we heard the same stories wetch know our mine safety laws are in need of improvement. for the miner and his or her family this bill will make a world of difference. the difference between working in a safe environment or not. in some cases, the difference between coming home or not. our mine workers deserve our support. this bill gives support to them. i urge my members to support

this and i yield back. the speaker pro tempore: the gentlelady yields back. the gentleman from kentucky. mr. guthrie: i continue to reserve. mr. miller: i'm the only remaining speaker at this point. mr. guthrie: we have no -- mr. miller: do you yield back? mr. guthrie: i'll close. in the days that followed the tragedy at upper big branch, members joined many here on the house floor to mourn this tragedy. our incoming chairman said this nation would be searching for answers and we must follow a comprehensive review of how such an event could have happened. we have then, as we do today, the responsibility to look at the laws on the books and how they're being implemented and followed. we'll have -- we are all committed to working in good faith to answer tough questions and pursue commonsense reforms to enhance miner safety.

such a good faith process has not occur. this legislation was crafted behind the doors without input from republican lawmakers corned -- concerned with miner safety and pushed through the education and labor committee. today we are considering a different proposal developed through a similar closed process. there is no consideration of republican ideas. the majority was so focused on corralling votes with their own caucus that they modified the bill in the dark of night. throughout the process, they've taken out the carving knives, exempting mines of this type here and that type there, hoping to garner support. how can anyone believe this is a meaningful approach to mine safety. the miners and their families who deserve strong worker protections also deserve better than this bill. i urge my colleagues to vote no so we can take the time we need to understand and respond to the tragedy in upper big branch

mine. i yield back. the speaker pro tempore: the gentleman from california, mr. miller. mr. miller: i yield myself such time as i may consume. the speaker pro tempore: the gentleman is recognized. mr. miller: i want to thank the members of our committee, the education and labor committee, ms. woolsey, subcommittee chair, mr. hare, ms. shea-porter for their commitment to worker safety whether it's in mines or construction sites or factories or anywhere else in america, they have demonstrated over and over again their commitment to these workers. i want to thank mr. rahall for his support of this legislation. he's taught me a great deal not just about mine safety but the culture of the communities that engage in this industry and in this employment and the impact it has on them and their families when things go so very wrong in the mines with accidents, explosions, fires and other incidents that take place. time and again, when i have visited miners, they've told me

how he stood with them and their families at the mine site, the accident site if you will in their churches, in their homes, in their cars as they slept overnight waiting to hear what the impact of the accident might be on their loved ones who are still in the mine. i want to thank him for the concern and for drafting this legislation. mr. chairman and members of the committee, i appreciate that the time is never right for my colleagues on the other side of the aisle to engage in worker safety legislation. the fact is, they were invited numerous time, their staff trk to participate in drafting sessions. all they wanted to do was see the language, not participate. this is over an eight-month period of time when we met with groups across the mining community, employers, employees, governors, enforcement agencies, federal, state and local and all of that together, we worked with

the mining companies themselves, i'm honored to have two letters, one from the c.e.o. of patriot coal and one from the c.e.o. of consul energy about what we went through to arrive at this legislation and the improvements made that they were grateful the extent to which they had been included in this process. i don't say they support this legislation in every item in it but the fact of the matter is, this was a very open process. it was open for one reason because we wanted the best answers to provide for the safety of these miners and the security of their families. it still has the support of -- this bill has the support of those who go into the mines every day and the families of those who go into the mines every day. why? because they know how badly the system has been gamed by mine owners who really don't care about the safety of their workers, of their miners of

course think members of their communities. unfortunately, it's too many mine owners. it's a small number but it impacts a huge number of miners who work in those minds where -- mines where they disregard the law and instruct people to do things in violation of the law, where they disrupt the inspection process, they disrupt the enforcement process, that's how they run their companies. we've watched it play out on the financial pages of the newspapers, one of the very large mining companies struggled with the idea of whether or not they could keep their c.e.o. that so strongly identified with being against the interest of miners, of working people in violation of the law, of overlooking the safety concerns of their miners. and finally, they decided that he should retire. unfortunately, they also decided he should go with a very big golden parachute. but the fact of the matter is, this is about protecting miners. i want to also thank chairman conyers of the judiciary committee and mr. scott of the judiciary committee for agreeing

to this bill. let me move it forward before the end of this session. finally, i want to thank a gentleman mr. rahall introduced us too, stanley "goose" stewart, one of our witnesses who captured the attention of this committee on a bipartisan basis. the governor of the state, senator rockefeller of the state, as he explained what was going on in this mine to the detriment of the workers, to the -- leading to the death of these 29 men and how they were prevented from speaking out and how they were intimidated and how people were discharged if they tell the truth about what's taking place in the mines. that's why this legislation is necessary. because there's no other place for these miners to go to get safety. there's no other place for them to go to get justice. there's no other place for them to go to get enforcement of the law. and it's only the law that keeps them in a safe working place. but unfortunately, there's still

miners in this day and age who insist they have a right to violate that law. today if you do it you get a slap on the wrist. pass this law and it's a felony. . that's what's necessary. we tried it the other way with self-enforcement. we tried it the other way and it hasn't worked. i interviewed too many families that have lost people in the mines. and the time has come to stop that. i urge my colleagues to support this legislation. and let's honor the commitment that everybody makes the first 48 hours after one of these tragedies takes place that we are going to make sure it never happens again. we haven't done it. but this is a big step forward. i think my -- thank my colleagues for their consideration of this legislation. i yield back the balance of my time. the speaker pro tempore: the gentleman yields back the balance of his time. the question is, will the house suspend the rules and pass h.r. 6495, as amended. so many as are in favor say aye. those opposed, no.

in the opinion of the chair, 2/3 of those voting having responded in the affirmative, the rules are suspended, the bill is passed, and without objection the motion to reconsider is laid upon the table. >> request the yeas and nays. the speaker pro tempore: the gentleman from kentucky. mr. guthrie: i request the yeas and nays. the speaker pro tempore: the yeas and nays are requested. all those in favor of taking this vote by the yeas and nays will rise and remain standing. a sufficient number having arisen, the yeas and nays are ordered. brown-waite -- pursuant to clause 8 of rule 20, further proceedings on this question will be postponed. pursuant to clause 8 of rule 20, proceedings will resume on the questions previously postponed. votes will be taken in the following order. adoption of house resolution 1752 by the yeas and nays. and suspend the rules with regard to h.r. 6495 by the yeas

and nays. h.r. 1402, de novo, and h.r. 1704, de novo. first electronic vote will be conducted as a 15-minute vote. remaining electronic votes will be conducted as five-minute votes. the unfinished business is the vote on the adoption of house resolution 1752 on which the yeas and nays were ordered. the clerk will report the title of the resolution. the clerk: house calendar number 250, house resolution 1752, resolution waiving a requirement of clause 6-a of rule 13 with respect to consideration of certain resolutions reported from the committee on rules and providing for consideration of motions to suspend the rules. the speaker pro tempore: the question is on adoption of the resolution. members will record their votes by electronic device. this will be a 125-minute vote -- 15-minute vote.

[captioning made possible by the national captioning institute, inc., in cooperation with the united states house of representatives. any use of the closed-captioned coverage of the house proceedings for political or commercial purposes is expressly prohibited by the u.s. house of representatives.]

the speaker pro tempore: on this vote the yeas were 215. the nays are 194. the resolution is adopted. without objection the motion to reconsider is laid upon the table. the unfinished business is the vote on the motion for the gentleman from california, mr. george miller, to suspend the rules and pass h.r. 6495, as amended, on which the yeas and nays are ordered. the clerk will report the title of the bill. the clerk: h.r. 6495, a bill to improve compliance of mine safety and health laws, empower miners to raise safety concerns, prevent future mining tragedies, and for other purposes. the speaker pro tempore: the question is, will the house suspend the rules and pass the bill as amended, members will record their votes by electronic

device. members, this is a five-minute vote. five-minute vote. [captioning made possible by the national captioning institute, inc., in cooperation with the united states house of representatives. any use of the closed-captioned coverage of the house proceedings for political or commercial purposes is expressly prohibited by the u.s. house of representatives.]

the speaker pro tempore: on this vote the yeas were 214. the nays, 193, 2/3 not being in the affirmative, the rule is not suspended and the bill is not passed. the unfinished business is the question to suspend the rules and agreeing to house resolution 1402, as amended, which the clerk will report by title.

the clerk: house resolution 1402, resolution recognizing the 50th anniversary of the national council for international visitors and its pressing support for designation of february 16, 2011, as citizen diplomacy day. the speaker pro tempore: the question is, will the house suspend the rules and agree to the resolution as amended. so many as are in favor say aye. those opposed, no. in the opinion of the chair -- the gentleman. >> on this matter i would request a recorded vote. the speaker pro tempore: a recorded vote is requested. those favoring a recorded vote will rise. a sufficient number having arisen, a recorded vote is ordered. members will record their votes by electronic device. members, this is a five-minute vote. five-minute vote. [captioning made possible by the national captioning institute, inc., in cooperation with the united states house of representatives. any use of the closed-captioned coverage of the house proceedings for political or commercial purposes is expressly prohibited by the u.s. house of

representatives.]

the speaker pro tempore: on this vote, the yeas are 394, the nays are 13. one recorded as present. 2/3 being in the affirmative, the rules are suspended, the resolution is agreed to and without objection the motion to reconsider is laid on the table. the unfinished business is the question on suspending the rules and agreeing to house resolution 1704 as amended, which the clerk will report by title. the clerk: house resolution 1704, resolution honoring the 2,500th anniversary of the battle of marathon. the speaker pro tempore: the

question is, will the house suspend the rules and agree to the resolution as amended. those in favor say aye. those opposed, no. in the opinion of the chair -- >> mr. speaker. i ask for the yeas and nays. the speaker pro tempore: the gentleman asks for -- a recorded vote has been requested. those favoring a recorded vote will rise. 5 sufficient number having risen a recorded vote is ordered. members will record their votes by electronic device. this is a five-minute vote. five-minute vote. [captioning made possible by the national captioning institute, inc., in cooperation with the united states house of representatives. any use of the closed-captioned coverage of the house proceedings for political or commercial purposes is expressly prohibited by the u.s. house of representatives.]

the speaker pro tempore: on this vote, the yeas are 359, the nays

are 44, five recorded as present. 2/3 being in the affirmative, the rules are suspended, the resolution is agreed to and without objection, the motion to reconsider is laid on the table. the house will be in order. members, let's clear the well. for what purpose does the gentleman from massachusetts rise? >> i send to the desk a privilege red port for the committee on rules for filing under the rule.

the speaker pro tempore: the clerk will report the title. the clerk: report to accompany house resolution 1755, relose -- resolution providing for consideration of the senate amendment to the bill h r. 4082, making appropriations for military construction, the department of veterans' affairs and related agencies for the fiscal year ending september 30, 2010, and for other purposes. the speaker pro tempore: referred to the house calendar and ordered printed.

the speaker pro tempore: for what purpose does the gentleman from massachusetts rise? mr. mcgovern: i call up house resolution 1755 and ask for its immediate consideration. the speaker pro tempore: the clerk will report the resolution. the clerk: house calendar number 251, house resolution 1755rk resolved that upon adoption of this resolution it shall be in order to take from the speaker's table the bill, h r. 3082, making appropriations for military construction, the department of veterans' affairs, and related agencies for the fiscal year ending september 30, 2010, and for other purposes. for the -- with the senate amendment thereto and to consider in the house without any intervening point of order a motion offered by the committee of appropriations or his designee that the house concur in the senate amendment with the amendment printed in the report of the committee on rules

accompanying this resolution. the senate amendment and the motion shall be considered as read. the motion shall be debatable as read for one hour with 40 minutes equally divided and controlled by the chair of the rank -- and ranking member of the committee on appropriations and 20 minutes equally divided and control id by the chair and ranking of the of the committee on commerce. it the smotion shall be considered on final adoption without intervening motion. the speaker pro tempore: think the house will be in order. members please take their conversations off the floor. the gentleman from massachusetts is recognized. >> mr. speaker, for the purpose of debate only, i yield the customary 30 minutes to the gentleman from texas, mr. sessions. all time yielded is for debate

only. i yield myself such time as i may consume. i also ask unanimous consent that all members be given five legislative days to revise and extend their remarks on house resolution 1755. the speaker pro tempore: without objection, so ordered. the gentleman is recognized. mr. mcgovern: mr. speaker, h.res. 1755 provides for the consideration of the senate amendment to h.r. 3082, the rule makes in order it a motion ordered by the chair of the committee of appropriations or his designee that the house concur to senate amendment with the amendment printed in the report of the committee on rules accompanying the resolution. the rule provides one hour of debate on the motion with 40 minutes equally divided and controlled by the chair and ranking minority member of the committee on appropriations and 20 minutes equally divided and controlled by the chair and ranking minority member of the committee on energy and commerce. the rule waives all points of order against consideration of the motion. finally the rule provides that the senate amendment and the motion shall be considered as read. mr. speaker, today the house will consider the f.y. 2011

continuing resolution legislation that will fund the federal government for the remainder of fiscal year 2011. additionally this bill contains the food safety bill as passed by the senate with miner technical corrections. i am grateful to mr. obey and mr. dingell for their incredible leadership. both these measures need to be passed. i urge my colleagues to support the rule and the underlying legislation and i reserve the balance of my time. the speaker pro tempore: the gentleman reserves the balance of his time. the gentleman from texas. mr. sessions: thank you, mr. speaker. mr. speaker, the house is not in order. the speaker pro tempore: members please carry your conversations off the floor. the gentleman from texas is recognized. mr. sessions: thank you, mr. speaker. mr. speaker, i want to thank the gentleman from massachusetts, my friend, the gentleman from, mr. mcgovern, for yielding me such time as i may consume today. and i want to thank the

gentleman for his consideration that he has given me, personally, professionally over the last year and wish him the very best in this holiday season. mr. speaker, 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 and overregulations bill to the floor of the house -- over-regulations bill to the floor of the house with no republican input and no regular order. as a matter of fact, even today at least one member of the democratic party showed up with a darn good idea and was slamed dunk -- slam dunked no on a party line basis. by the way the republicans voted for that good idea. what was promised four years ago was this house would be the most open, honest and ethical congress by our current speaker

pelosi when she took the gavel. but this has been the most closed, secretive, one-sided and flawed congress i believe in history, matching the previous congress. the american people asked for four -- asked for change and think they got far worse in the election to elect this congress. they received a democrat congress that didn't listen to the american people and congress acts on their own interest and not the interests of the american people or the taxpayer and that's why we suffer from such low numbers of support by the american people. mr. speaker, soon that change, however, will change. but today it is more of the same. and i'm here to discuss the rule for the continuing resolution known as c.r. for year 2011. it also includes the food safety bill which has been attached to

that c.r. so it's not a clean bill. my colleagues and i have not even had 24 hours to review the text of this legislation. this legislation comes once again, it will overspend, overregulate and a common theme of the last two congresses, we won't even use regular order to establish the processes. the underlying legislation is the c.r. to keep the government running through the rest of this fiscal year. the president has not signed one appropriations bill into law for this fiscal year and our friends, the majority democrats have provided no budget. so this is the last-ditch effort to provide funding to keep the government -- running. over the past three years, nondefense, nonhomeland security and nonveterans affairs discretionary spending has increased by a staggering 88%. in the meantime, the nation's

debt has risen to $13,500 ,000,000 and that means there's more money in deficit spending every single day. there has been a back to record deficits day after day after day, unemployment rate has risen now at 9.5% for 18 consecutive months. i might add that it rose to 9.8% in the latest economic report. this c.r. does nothing to reverse this trend and instead continues the unsustainable high rate of spending passed by the democrat majority, aided by, supported and abetted by the president of the united states, our president, barack obama.

this includes more spending for federal agencies that already had seen huge dollar increases with the stimulus bill in 2009. mr. speaker, my republican colleagues and i have pledged to cut nonsecurity spending back to fiscal levels of 2008 which would save the american taxpayers nearly $100 billion for what will end up being the next year of spending. mr. speaker, i believe that any responsible action by this house of representatives should have been and should be to avoid raising the debt limit by making tough decisions today to avoid placing our children and our grandchildren in a further diminished position. mr. speaker, the house is not in order. the speaker pro tempore: members, carry any of your conversations off the floor.

the gentleman from texas may proceed. mr. sessions: thank you, mr. speaker. mr. speaker, i believe the american people, as they look at their own personal circumstances, and as they look at the irresponsibility out of washington, unfortunately continue to see taxing, borrowing and spending as a national problem. and that has brought us nothing but the results of higher unemployment, more debt, more bankruptcy, more homes being lost and more debt. americans have called for this endless spree to end and for an era of fiscal discipline. i think once again, even though we're after the election, that message continues to fall on deaf ears again today. this country needs leaders who are willing to make tough decisions. fiscal decisions that will am

power not only -- that will empower not only economic stability but also to bring back to the american people jobs, the opportunity for them to be in a competitive marketplace and understand that america must have jobs if we are going to provide our children and grandchildren with a future that they can believe in. once again, it is the congress of the united states that continues to lead the effort of us towards higher deficits, higher unemployment and higher problems for people back home. we disagree with that. mr. speaker, as if the rampant spending wasn't enough, my colleagues once again on the other side of the aisle had to add what i consider to be an unfair and over-regulated senate food safety bill to the underlying legislation. republicans remain committed to legislation that ensures the safety and security of america's food. however this legislation comes at a heavy toll on producers and

does virtually nothing to hold federal bureaucrats accountable for their role in preventing food-borne illnesses. i'm sure we're going to hear about the number of people who get sick every year, we're going to blame everything on food processors and that process when in fact what we need to do is put rules and regulations in place that will better people's lives and to allow the federal government to effectively work with consumers. that's not what this food safety bill does. the food safety bill measures in the underlying bill and imposes significant regulatory and cost burdens on the food processing and producing system. it increases costs for food producers and ultimately consumers and does not require the federal drug administration to spend one additional penny on the inspection of food for safety purposes.

the bill expands the f.d.a.'s authority to dictate on-farm production practices and performance standards. this means congress is about to give the f.d.a., who is already overworked and has limited resources and even less expertise, the specific power to dictate to u.s. farmers how best to farm. our nation's farmers do not need more federal government bureaucrats who sit behind a desk in washington telling them how to do their job. additionally, this legislation institute and expands registration requirements for food processing facilities which essentially amounts to a federal license to be in the food business. this would make it unlawful to produce food without a registration license, allowing the f.d.a. to suspend a company's registration. once again, a big federal

empowered government in washington, d.c., at the expense of jobs and the price that consumers have to pay. like any federal agency, the f.d.a. makes mistakes, yet this bill does nothing to ensure agricultural producers don't take massive financial losses caused by the mistake of the f.d.a. for example, in 2008 when the f.d.a. mistakenly attributed an outbreak of salmonella to tomatoes it cost the industry $100 million. mr. speaker, this is no way for us to legislate out of washington and there is no way to assure that the f.d.a. will not make such mistaking -- mistakes again in the future and wrongly implicate agricultural processing to food-borne diseases outbreaks that can once again cause severe economic losses to farmers and ranchers of america, who cannot only

least afford them but who produce the highest quality of safety products anywhere in the world to american consumers. this is not going to be addressed properly in this legislation, it's simply about empowering federal bureaucrats in washington, d.c. in an article in "the wall street journal" from december 2, 2010, related to the food safety bill, it states that, and i quote, food-borne illnesses have fallen by nearly 1/3 over the last decade. largely because businesses have already every incentive to police themselves, end of quote. and yet this legislation gives the f.d.a. new powers in over 2.2 million farms and the food producers in america. in true fashions, my democrat colleagues continue to push their own agenda over -- overwhelming the american

consumer. they've shut out republicans over the last four years and they continue to shut out common sense and the american people. continuing on the path of reckless government spending will only put the united states in a further debt-burdening future position. mr. speaker, we disagree with taxing, spending and over-regulating. over-regulation that increases cost to consumers and food producers will add just another fiscal strain on families, not just in the congressional district that i represent, but all across this country. congress must do a better job. we tax too much, we spend too much, we regulate too much and we listen too little in this congress. mr. speaker, i think you can count me in that i oppose this rule and the underlying legislation. i'll reserve the balance of my time.

the speaker pro tempore: the gentleman from texas reserves the balance of his time. the gentleman from massachusetts. mr. mcgovern: thank you, mr. speaker. and i want to say to the gentleman from texas, we -- i thank him for his views. we always appreciate hearing his unique point of view. i thought that the election ended, you know, several weeks ago, but apparently it hasn't. but i would just like to say for the record that we're in a difficult economy in large part because of the policies that were pursued by my friends on the other side of the aisle. we are in this debt that we're in now in large part because of tax cuts for mostly wealthy people that were not paid for, that took bill clinton's surplus and turned it into a deficit. a medicare prediction drug bill that was double, triple the cost that it was advertised to be, not paid for. and two wars that are not paid for. on top of that, you know, when they were in charge, they let the financial industries do whatever the heck they wanted to

do, they did and they stuck it to the american people and we are now trying to dig ourselves out of this economy. i'm sorry that the gentleman is not for safer food safety measures but let me point out for the record that while the food supply in the united states is one of the safest in the world, each year about 76 million illnesses occur, more than 300,000 persons are hospital iced and 5,000 -- hospital iced and 5,000 die -- hospitalized and 5,000 die from food-borne illness. our food safety system was designed 100 years ago and was appropriate for a world in which most of our food was grown and processed domestically. meanwhile, the f.d.a. has struggled in recent year with outbreaks of illnesses and nationwide recalls of contaminated food from both domestic and foreign sources. this underlying -- the bill -- the food safety bill that we will be voting on today modernizes our food safety system to better prevent food-borne illnesses and respond

to outbreaks. you can't believe that a food safety bill designed to protect the american people is somehow controversial. everything we propose, everything this president proposed they're against. there's nothing new there. i ask my colleagues to support the rule and the underlying bill. i reserve. the speaker pro tempore: the gentleman reserves the balance of his time. the gentleman from texas. mr. sessions: i think the gentleman from massachusetts is right, much of what this president has proposed and these last two congresses proposed, republicans objected to them and it's for a simple reason. we don't want to support the things that won't work. we want to support the things that will help the american public, not only to have a better economy to take care of themselves, but we're not for growing the size of the federal government that is in our lives now. a food safety bill that will do what i believe is quite the

reverse. it will be expensive and will come at the cost of consumers bettering their ability to have a safe food chain. mr. speaker, at this time i'd like to yield three minutes to the gentleman from cheyenne, oklahoma, the gentleman, mr. lucas. the speaker pro tempore: the gentleman is recognized for three minutes. mr. lucas: i rise in opposition for the continuing resolution and i ask unanimous consent to revise and extend my remarks. i object to the inclusion of senate language from s. 510, the food safety modernization act. let me be perfectly clear. i believe our nation has the safest food supply in the world. what we have here is another expansion of federal power without benefit of thorough consideration. this is the stimulus package, cap and trade, obamacare all over again. members of the house agriculture committee have

stood ready and willing to work on this legislation. despite this, the present majority leadership tried to pass this under suspension of the rules and lost. failing to learn the lesson of that vote they then secured a closed rule and essentially rammed it through the house. now, in the closing days of this congress, the senate has sent us their version on a take it or leave it basis and included revenue provisions that under the constitution must originate in the house. faced with this dilemma, once again the present house leadership has chosen to short-circuit the legislative process by sticking this legislation on the continuing resolution. this is the sort of nonsense that americans rejected just a few weeks ago. why isn't the present majority leadership listening? now, for sure we may have differences. however, i'm confident that an

open and deliberative process would allow us to resolve these differences. unfortunately, present leadership has chosen a path that denies the minority the opportunity to participate. i'm certain this is not how they would like to be treated. now, mr. speaker, anyone who follows the current events knows our food production system faces ongoing food safety challenges. i just want to serve notice that i stand ready to work with my colleagues to address those challenges. and i must ask my colleagues vote no on the rule so we may address these issues in regular order. i yield back the balance of my time to the gentleman from texas, mr. speaker. the speaker pro tempore: the gentleman from texas reserves the balance of his time. the gentleman from massachusetts. mr. mcgovern: mr. speaker, can i inquire from the gentleman from texas if they have further speakers. we don't have further speakers on our side. mr. sessions: i thank the

gentleman from massachusetts. in fact, i would be very pleased to yield our time if the gentleman would advise me if the gentleman is through with his speakers. mr. mcgovern: it's just me. mr. sessions: if i could be recognized for closing for the republican party. the speaker pro tempore: without objection. the gentleman is recognized. mr. sessions: the agriculture committee chairman was selected today, the gentleman, mr. lucas, spoke very clearly not only on behalf of farmers and ranchers across this country, but really on behalf of a group of people who are in the food chain of this country, who all the way up through grocery stores and providers of content to make sure that the food safety linings of this country are properly taken care of.

there are so many food workers all across this country who have established not only high standards as a result of their advocacy for not just their job but opportunity around the world for us to make sure that consumers get the benefit of clean food, the opportunity to know more about, not only the caloric intake, but to make sure that the value of food is held for consumers at a proper price. the gentleman, mr. lucas, has noted a number of times on the floor that this industry, the agricultural industry, and the supermarket industry, really have taken steps to make sure that not only their products are safe but the consumers have an understanding how to utilize those products when they get those products from a store or where they buy their products.

and this is part of that chain that i believe that this legislation just misuses. and consumers through their ability to use food, whether it's refrigeration, whether it's in cooking procedures, whether it's mixing these products, how they would hold these out certainly has a lot to do with the safety, the food safety and the results that come. mr. speaker, you heard me say it over and over, but the american people i think expect something better and different. i must confess that in the near future what we will do when republicans come to the floor this next congress starting january 5 we will take the legislation and run it through committees. we will include feedback and ideas from not just republicans but also the democrats who want to be a part of this process, who get up and come to this town to represent their people, people who have elected them, people who have confidence in the way that we do things.

taxing, spending, overregulating is not the way this congress should run and the american people feel that, unfortunately, so painly. all the way to the end is another example about how the american people see because they hear firsthand about overregulation, excessive spending and continuation of more of the same. so, mr. speaker, i'd ask my colleagues to vote no on the underlying legislation. to vote no to stop the reckless fiscal policies that not only speaker pelosi but the democratic party have pursued over the last four years, irresponsible not only in terms of the fiduciary responsibility they had to openly discuss with the american people, the appropriations process, the budgeting process, but perhaps more importantly i believe what is the responsibility of this body to work effectively as

purveyer of the taxpayer money in working with the administration. all we've done is send them a signal, go spend all the money you want, we'll make it available to you, rather than understanding the give or take and the expectation of performance by the american people of where each of these dollars should be spent and what we should expect back in return. i think it's always bad when a blank check is filled in without an understanding of that. the united states government should not allow this. that will change. so a vote no will allow farmers and food producers because this bill is together. it's going to take away their rights. it's going to add more rules and regulations. it's going to have more government interference. it's going to get in the way of what i believe is a food safety issue. it's time to end big

government, big spending. we are here on the floor again to make sure the american people understand this, that there's a group of people who will certainly see things differently. but i'd like to say, mr. speaker, will show up with better ideas. get ready. hope is on the way. i yield back the balance of my time. the speaker pro tempore: the gentleman from texas yields back his time. the gentleman from massachusetts. mr. mcgovern: thank you, mr. speaker. i want to thank the gentleman for, again, his comments and congratulate him and his party for their election victory. i look forward to voting for nothing but open rules next year. and i also just want to say we need to pass this rule so we can pass the continuing resolution which is important and to pass this food safety bill. and, again, i am baffled by the controversy. anybody that's watched the news over the last several years remembers, you know, tainted spinach, tainted eggs, recall

after recall after recall. the fact is our food safety system in this country needs to be strengthened and modernized. everybody knows that. i began my presentation today by listing the thousands and thousands and thousands of people who get sick each year from tainted food. and my friends on the other side of the aisle stand up and they're standing with the special interests rather than with the consumer. i worry quite frankly about the direction of this congress because their heart and soul is with the corporate special interest and they neglect time and time again the average consumer, the average worker. and that's what this bill's about, to protect the consumer from tainted food that we get from other countries. why is this so controversial? i don't know. so having said that, mr. speaker, i urge a yes vote on the previous question and on the rule. i yield back the balance of my time and i move the previous question on the rule. the speaker pro tempore: the

gentleman yields back the balance of his time. without objection, the previous question is ordered. the question is on adoption of the resolution. all those in favor say aye. all those opposed, no. the ayes have it. the resolution is agreed to. without objection the motion to reconsider is laid on the table. mr. sessions: mr. speaker. the speaker pro tempore: the gentleman from texas. mr. sessions: i'd like to ask for a recorded vote. request the yeas and nays. the speaker pro tempore: the yeas and nays are requested. those favoring a vote by the yeas and nays will rise. a sufficient number having arisen, the yeas and nays are ordered. members will record their votes by electronic device. pursuant to clause 8 of rule 20, this 15-minute vote on house resolution 1755 will be followed by five-minute votes on motions to suspend the rules on house resolution 1746 de novo and h.r. 4501 by the yeas and nays. this is a 15-minute vote.

house resolution 1755. [captioning made possible by the national captioning institute, inc., in cooperation with the united states house of representatives. any use of the closed-captioned coverage of the house proceedings for political or commercial purposes is expressly prohibited by the u.s. house of representatives.]

the speaker pro tempore: on this vote the yeas are 207, the nays are 206. the resolution is ado do notted -- is adopted. without objection, the motion to reconsider is laid on the table. the unfinished business is the vote on the motion of the gentleman from new york, mr. weiner, to suspend the rules and pass h.r. 4501 as amended on which the yeas and nays are ordered. the clerk will report the title of the bill. the clerk: union calendar number 402, h.r. 4501, a bill to require certain return policies for businesses that purchase precious metals from curems and solicit such transactions through an internet website. the speaker pro tempore: the question is will the house suspend the rules and pass the bill as amended. members will record their votes by electronic device. members, this is a five-minute vote, five-minute vote.

[captioning made possible by the national captioning institute, inc., in cooperation with the united states house of representatives. any use of the closed-captioned coverage of the house proceedings for political or commercial purposes is expressly prohibited by the u.s. house of representatives.]

the speaker pro tempore: on this vote the yeas are 324, the nays are 81. 2/3 of those voting having responded in the affirmative, the rules are suspended, the bill is passed and without objection the motion to reconsider is laid on the table.

the unfinished business is the question on suspending the rules and agreeing to house resolution 1746 as amended which the clerk will report by title. the clerk: house resolution 1746, resolution recognizing and supporting the efforts of welcome back veterans to augment the services provided by the departments of defense and veterans affairs and providing timely and world-class care for veterans and members of the armed forces suffering from ptsd and related psychiatric disorders. the speaker pro tempore: the question is will the house suspend the rules and agree to the resolution as amended. those in favor say aye. those opposed, no. in the opinion -- mr. quigley: mr. speaker, i ask for a recorded vote. the speaker pro tempore: a recorded vote is requested. all those in favor of taking this vote by the yeas and nays

will rise and remain standing until counted. a sufficient number having arisen, a recorded vote is ordered. members will record their votes by electronic device. this will be a five-minute vote. [captioning made possible by the national captioning institute, inc., in cooperation with the united states house of representatives. any use of the closed-captioned coverage of the house proceedings for political or commercial purposes is expressly prohibited by the u.s. house of representatives.]

the speaker pro tempore: on this vote, the yeas are 409, the nays are zero. 2/3 being in the affirmative, the rules are suspended, the resolution is agreed to and without objection, the motion to reconsider is laid on the table.

the house will be in order. for what purpose does the gentleman from wisconsin rise? mr. obey: i call up the bill h.r. 3082 with senate amendments thereto and have a motion at the desk. the speaker pro tempore: the clerk will report the title of the bill, designate the senate amendment and designate the motion. the clerk: h.r. 3082, an act making appropriations for military construction, the department of veterans' affairs and related agencies for the fiscal year ending september 30, 2010, and for other purposes. senate amendment. mr. obey of wisconsin moves that the house concur in the senate amendment to h.r. 3082 with an amendment. the speaker pro tempore: pursuant to house resolution 1755, the motion shall be

debatable for one hour work 40 minutes equally divided and controlled by the chair and ranking minority member of the committee on appropriations and 20 minutes equally quided and -- divided controlled by the ranking minority member of the committee on commerce. mr. obey and mr. lewis will each control 20 minute, mr. cacksman and mr. barton each will control 10 minutes. the house will be in order. the chair recognizes the gentleman from wisconsin. mr. obey: i ask unanimous consent that all members have five legislative days to revise and extend their remarks on the pending legislation. the speaker pro tempore: without objection. the house will be in order.

members please take their conversations off the floor.

i hope that the congress is not too offended to recognize that yes, we must deal with long-term budget deficits. if this country is to grow for everybody, we also need to confront our investment deficits in jobs, in education, in infrastructure and science and technology. that is the context in which this resolution -- which this bill to keep the government functioning for a year is being considered. this bill frees the discretionary appropriations at the 2010 level for the rest of the fiscal year, spending $46

billion less than the president asked for this year. it adjusts last year's priorities in three main ways. it funds the current shortfall in pell grants for college students, meets the increased medical needs for our veterans, maked adequate adjustments to meet military pay and health kansases. it provides the department of defense $513 billion, which is $4.9 billion more than last year with corresponding cuts on the domestic side of the ledger, i'm sorry to say. i'm sure we'll hear a lot of talk about a number of changes in the bill. the number of hard choices we had to make in this package to try to keep uncle sam from being uncle scrooge this holiday season. john wesley admonished to us to do all the good you can, by all the means you can, in all the ways you can in all the places

you can at all the times you can, to all the people you can, as long as ever you can. this product falls embarrassingly short of that goal. but i make no i apolings for the fact that the committee has done its dead level best within the constraints under which we're operating to make some modest adjustments to salvage some investments which over the long haul just might create more jobs than tax breaks for millionaires and adjustments that might ease the financial desperation faced by so many families today who cannot afford to send their kids to college to find decent child care or to provide adequate medical attention to their needs. so we have had the unmitigated gal to shift gsh gall to shift additional funds@social security administration to ensure that people get their benefits without undue delay. in an outrageously socialistic

attempt to provide some additional health safety protections for minors who have all too often been the victims of the mind -- protections for miners who have all too often within the victims of the mind set of owners who put more focus on the bottom line than mine safety, we have shifted money into that account. i hope the congress is not so penny wise and pound foolish that they will object to our efforts to further our efforts to ferret are out waste, fraud, and abuse in social security and medicare. on a day when temperatures are dropping to five above zero in my hometown and we're a balmy 23 degree here's in washington last night, i hope this congress isn't too offended that we are recommended $1940 million above last year for homeless assistance grants to combat the growing number of families who are living on the streets thanks to the brilliance of political

leaders in washington in managing this economy. those are a few of the modest changes we've made in what would otherwise be an automatic pilot course of action in a straight continuing resolution. within the same dollar limits, this legislation attempts to make modest adjustments and recognize that needs and conditions change over a year's time. i hope it does not represent too great an inconvenience to those members of this body who are much more comfortable in providing budget-busting tax gifts to the economic elite in this country rather than making even the tiniest government investment in programs that will help the lives of the unlucky a little -- make those -- make their lives a little bit better and the investments that might run the unholy risk of making the economy work nearly as well

for average families as it does for the american elite who can afford to make large contributions to those fortunate enough to be honored by our constituents with the stewardship of the national interest. i want to say one other thing. there are at least 50 decisions in this resolution that i'm flatly opposed to. there are many arguments in this resolution that i have lost. but the fact is, sooner or later if you're beginning -- if you're going to be responsible, you have to set aside your first preferences and simply do what is necessary in order to keep the government open so that congress doesn't become the laughing district of columbia stock of the country. the only responsible vote to cast on this proposition is an aye vote. i urge support for the resolution. with all of its shortcomings. i reserve the balance of my time. the speaker pro tempore: the gentleman from california. mr. lewis: mr. speaker.

it's rare indeed i have the opportunity to watch my chairman speaking from the well, the minor adjustments in this package that caused him to be unhappy amounted to some $33 billion. if both of us dislike it so much, mr. obey and we both voted no, maybe we could bring the turkey down and start all over again. in the meantime, lest i dwell too long, we're now nine weeks past the beginning of the new fiscal year and congress has yet to enact a single appropriations bill. out of 12 total for 2011, two have passed the house while 10 bills have never even been considered by the full committee. as a result of this historic breakdown of regular order, the house will soon be considering what many people are describing as a full year continuing

resolution to keep the government operating through the end of the current fiscal year. truth be told, it's more of a c.r. rolled into an omnibus spending bill because of the adjusted spending levels, the $33 billion i was talking about, and the many extraneous policy provisions i was talking about as well. it's worth noting that none of these spending adjustments or changes in policy were ever debated or considered by the appropriations committee or the house this year. like so many other items added to bills in the democrats' era of closed rules, new program funding levels and legislative riders just somehow magically appear in bill after bill and particularly in this bill. for the record, i remain adamantly opposed to extending the c.r. for the balance of the fiscal year at democrats' current levels, which are too high, or at the inflated levels proposed in this package.

rather than simply keeping the government running, this bill picks winners and losers among agencies and programs across the government by moving some i suggested $30-plus billion. for all kinds of programs. none of it for defense. not surprisingly, labor, health and human services programs are are among the biggest winners in this package, receiving a $7 billion net increase over fiscal year 2010. the state operations also receives a $2 billion increase over current levels this c.r. omnibus provides $513 billion in base defense spending which is over $18 billion below the department's request. it is also over $11 billion below the level the defense subcommittee reported out back in july. while i freely admit that all

spending including defense must be on the table as we look to rein in this historic set of deficit we must proceed smartly and wisely, especially when our troops are engaged in the battlefield. ultimately this approach is neither. it shortchanges our troops at a time when we should be supporting them, at a time when we should be supporting our troops this bill uses defense funding as a piggy bank for the majority's domestic priorities. additionally, this legislation triples the time for which the department of interior has to approve exploration plans for offshore operators, extending the timeline for some -- from some 30 days to 90 days and essentially codifying the de facto moratorium offshore operators have been operating under for months this significant policy change, done without debate or a single committee or house vote, has

far-reaching inch cakeses relating to both existing and future oil and gas leases. simply put, this is a christmas tree bill that provides more spending for the majority's many domestic priorities before their time in the majority comes to an end in early january. i am encouraging our colleagues on both sides of the aisle who are concerned about excessive spending to oppose any effort to extend the c.r. beyond february. that would allow the new republican majority to complete the unfinished f.y. 2011 appropriations bills. at the f.y. 2008 levels and save taxpayers some $100 billion. this would be the clearest signal the house could send to the american people that we got the message in november and are deadly serious about cutting spending. even as the house prepares to consider the c.r. omnibus, the house and senate majority are

finalizing the details of a 12-bill, $1.1 trillion omnibus spending bill. the senate faces a 60-vote hurdle to pass that omnibus bill but if they succeed, it will fall on the house democrats to pass it. and they will have to do it without a single republican vote, i can assure you. mr. speaker, none of us believe we should shut down the government, but i cannot and will not support the this c.r. omnibus because it simply spends too much and contains unnecessary and extraneous legislative writers. if we pass a c.r. we should pass a clean c.r. funded at the f.y. twathe levels and demonstrate our commit -- 2008 levels and demonstrate our commitment to cutting spending. and, mr. speaker, just per chance the senate is not able to get those 60 votes, this could be the last time that my chairman, mr. obey, and i are on the floor together and as we do that, i wanted to recognize especially my staff director,

jeff shocky, for the fabulous job he's done working for us over these years. with that i reserve the balance of my time. the speaker pro tempore: the gentleman from california reserves the balance of his time. the gentleman from wisconsin. mr. obey: i yield two minutes to the distinguished gentlewoman from can connecticut, ms. delauro. the speaker pro tempore: the gentlewoman is recognized for two minutes. ms. delauro: mr. speaker, i rise today in support of this continuing resolution that deals with the responsibility that we have to fund the government so that it can function. this bill represents some really hard choices, it freezes discretionary fending and this is a point that should not be lost. at a time when we are looking at those on the other side of the aisle that would pass a tax package that would benefit the richest 3% of the people in this nation.

the richest 3% of the people in this nation will get a tax cut and so people have the at the merit to propose an estate tax to 1/4 of the 1% of the richest people in this nation while folks in this country and kids are going hungry. the chairman should be commended for closing the grant short fall, for including critical investments and services needed to keep people from falling through the cracks. i commend him for the small and modest funds dedicated to early childhood programs, such as head start and child care. and as the chair of the agricultural appropriations subcommittee, this bill continues the important and necessary investments that we made last year in agriculture research, rural investment, nutrition and food aid, conservation and, yes, the public health. key federal agencies like the food and drug administration will have the resources it needs to meet its important

responsibilities to the american people, to combat the continuing economic crisis, to provide food and nutrition that millions of americans currently rely on. this resolution includes language that allows the supplemental nutrition assistance program and other crucial entitlement programs to be funded at the levels necessary to maintain participation in the current fiscal year. one out of five families is being -- is today on food stamps. one out of four children are going to bed hungry every single night in the united states of america. i urge my colleagues today to support this bill, with all of its difficulties it keeps the government functioning and we've made modest progress -- the speaker pro tempore: the gentlewoman's time has expired. the gentlewoman's time has expired. the gentleman from california. mr. lewis: thank you, mr. speaker. mr. speaker, if the house did

what i suggested, that is to do a c.r. to the end of february, i would be introducing the gentleman from kentucky as the new appropriations chairman of the house, but in the meantime, i'm privileged to yield the gentleman four minutes. the speaker pro tempore: the gentleman yields how much time? the gentleman from kentucky is recognized for four minutes. >> i thank the speaker and let me thank the gentleman for yielding and he is a true gentleman. the long service that this man has contributed to the welfare of the nation, its defense, we can never repay jay lewis for the great job he's done in this committee. mr. speaker, how can we explain this year's so-called budget process? mr. rogers: should i begin with the historic failure to enact a budget resolution? how about the despicable way special interest bailout funds were dumped on the backs of our troops during the war

supplemental debate? and what about the band-aid, border security supplemental that was used for political cover just months before the president proposed cutting the border patrol? and who could forget the fact that this year marks the very first year the house has failed to pass a homeland security appropriations bill? a failure that came in the midst of several serious terrorist attacks and disrupted plots. and then there are the results. no discipline, no oversight, no bills. instead we have this monstrosity before us today, a measure that puts our fiscal and oversight responsibilities into a year-long c.r. that's laden with exceptions, gimmicks, riders and is based upon a strategy of the

senate, although riding this bill with a gigantic, unaffordable omnibus bill that's never seen the light of day. mr. speaker, that's not a budget process, that's a failure of epic proportions. as we were resoundingly told just five weeks ago, the american taxpayers are demanding far better from the stewards of their precious but limited dollars. we need a whole new ball game. no more bucking tough decisions, no more failing to prioritize our security needs, no more letting failing programs slide and no more enabling the overreach of federal agencies. we need to go back to the tough job of oversight. we need to go back and usher in a new era of collaboration and transparency and we need to do the hard work of cutting

spending, right-sizing the government and restoring the trust of the american people. this c.r. marks the culmination of failure on all fronts, process, product and performance. i urge my returning colleagues to reject this legislation and prepare to go to work in the 112th congress. i yield back. the speaker pro tempore: the gentleman yields back the balance of his time. the gentleman from wisconsin. mr. obey: can i ask the gentleman how many speakers he has remaining? mr. lewis: mr. chairman, i have three or four more speakers. mr. obey: we have none. mr. lewis: you have none? hallelujah. the speaker pro tempore: the gentleman from california. mr. lewis: mr. speaker, i'm privileged to yield my colleague from virginia, mr. wolf, three minutes. the speaker pro tempore: the gentleman from virginia is recognized for three minutes. mr. wolf: i thank the gentleman and i want to thank mr. lewis, too, for his service, thank you. mr. speaker, i rise in strong opposition. everyone should know that in

this continuing resolution there is the expansion of indian gambling. there is the expansion of indian gambling and probably nobody in this institution bar one or two people on the appropriations committee have even read the bill. this overturns a supreme court decision. do you all know, on my side and that side, this overturns a supreme court decision. has anyone remembered abramoff and corruption and problems that have come about with regard to that? having such an erroneous provision, had an expansion, no markup, no markup on the natural resource committee, the election just said the american people want to know that we've read the bill, nobody's read this bill and now this is slipped in and i don't know who has slipped it in but quite frankly nobody --

mr. obey: would you like an answer to that question? mr. wolf: yes, sir. observe this was a republican amendment offered by mr. cole from oklahoma. it was voted in the subcommittee appropriations bill five months ago. mr. wolf: i don't care if it's a republican amendment or a democratic amendment, it is a bad amendment and it will bring about major expansion of gambling. mr. obey: don't suggest it's been sneaked. it has not. mr. wolf: there have been no hearings, the department of interior has refused to answer a written request from members of congress to identify which tribe so nobody knows what tribes, nobody knows what tribes. nobody knows anything in this institution when it comes to this. the department of interior has refused to answer, there's no consultation with the states. this bill is almost a repeat, a repeat of how this congress and this city and this country got in trouble with the abramoff thing. this is scandalous. this provision, i don't care if

it's a republican amendment or a democrat amendment, it is a bad amendment. it will bring about crime, corruption, a tax on the poor and it is a bad amendment. and because of all the great reasons that mr. lewis said and others said, this is another good reason. this bill should be defeated because when you vote for this bill, you're voting for expansion of gambling all over this country. with that i yield back the balance of my time. the speaker pro tempore: the gentleman yields back the balance of his time. the gentleman from wisconsin still reserves his time? web web -- mr. obey: i yield myself one minute. the speaker pro tempore: the gentleman is recognized. mr. obey: mr. speaker, i happen to agree with the gentleman from virginia on the substance of the issue. but the fact is that the interior appropriations subcommittee voted in open session with open debate to adopt the cole amendment. now, as chairman of the full committee, i don't have the luxury of producing bills that represent my own priorities. it is my obligation to try to

find the center of gravity that enables to represent the views of the house. that's what we did on this issue and for the gentleman to suggest that there's anything corrupt about it is scarulous. mr. wolf: what this is is it will bring major expansion. again -- the speaker pro tempore: the gentleman will suspend. the gentleman from wisconsin reserves the balance of his time? the gentleman from california. mr. lewis: i yield the gentleman 30 seconds. mr. wolf: thank you. this will bring major expansion of gambling and i don't care what subcommittee, the average member came down here and were told tomorrow that they voted for major expansion of gambling, they will not have known. it is a bad bill, it is a bad idea that brings about crime and corruption and it's a tax on the poor and i heard -- i urge a defeat of this c.r. and i yield back. the speaker pro tempore: the gentleman yields back the balance of his time. the gentleman from wisconsin

continues to reserve his time. the gentleman from california. mr. lewis: mr. speaker, i'm pleased to yield to a member of the committee, mr. kingston of georgia, two minutes. the speaker pro tempore: the gentleman from georgia is recognized for two minutes. mr. kingston: i thank the gentleman for yielding and i want to say that i do understand that we're here largely because there was not a budget this year and we were unable to move bills under regular order and because of that here we have something that was published, as i understand it, last night at midnight and the list itself came out at 9:00 a.m. and as a member of the committee, i'm not sure what all these things are doing. i see that we are increasing the ag market and healthy food initiative, excuse me, it's not an increase, it's a brand new program. i'm ranking member of the ag committee, i don't know exactly what that is. i think that might be something that has been voted on but we have not had it through the committee. now, i understand a lot of these other things are old items that have gone through the committee, but that one is one that has not. the broadband, there's a $30 million increase in broadband

loans. i'm very confused about that because the stimulus bill includes broadband loans, $7 billion. and then there's an f.d.a. increase of $470 million. f.d.a. has gone a lot of money over the past year, including some of the stimulus, so i'm not sure why they're getting an increase when so many others are getting a cut. i noticed on another page that there is a rescission for the navy of $168 million and for the air force, $136 million. i also serve on the defense committee, there's been no debate on that. now on the next page we increase funding for the i.r.s., including $125 million for i.r.s. enforcement. i guess that's because people who won't get health insurance now, i.r.s. is going to get a lot more agents and they'll have more money to spend on prosecuting people who don't buy health care. then over here on the other page, we're cutting the cust --

border patrol by $225 million. we've got a problem as we all would agree on immigration, but we're cutting the custom and border patrol. i looked further, the c.d.c. is getting a cut of $57 million. can i have 10 more seconds? mr. lewis: i'm happy to give the gentleman an additional minute. the speaker pro tempore: the gentleman is recognized. mr. kingston: i thank the gentleman. over here we're cutting grants for academic competitiveness. i think one thing we all agree on is we need our students to be as competitive as possible. but we are increasing congress' budget. house of representatives, $2 million increase. capitol police, $8.8 million. the congressional budget office, $1.7 million. the g.a.o., $1.5 million. congress is getting an increase

while we cut academics. on another page a myriad of things we're cutting out of the military. this run into the millions of dollars. and i noticed here in a very small account we're actually cutting opec, which is the overseas insurance account that underwrites loans for emerging markets, it's one of the few federal agencies that makes money. maybe that's why we're cutting them but it would appear to me that that kind of behavior should be well rewarded but under the c.r. they're getting a cut. so i respectfully think we should put this thing back two or three months and -- i yield back. the speaker pro tempore: the gentleman from wisconsin continues to reserve. the gentleman from california. mr. lewis: can you tell us how much time is remaining? the speaker pro tempore: the gentleman from wisconsin has five minutes remaining, the

gentleman from california has 10 3/4 minutes. mr. lewis: i'm pleased to yield to the gentleman from arizona, mr. flake, for two minutes. mr. flake: i thank the gentleman for yielding, i rise in opposition to this c.r., having failed to present one of the 12 annual appropriation bills to the president, this body finds itself in the position of scrambling to pass legislation to keep the government running this year is different. this year the outgoing majority wants us to accomplish much of its agenda long before republicans take control. it would seem that if you fail to pass legislation in regular order, that would fund the government for the coming year, that you should at least recognize that we've had an election and if you can't finish the work of all those who are coming in -- allow those who are coming in to go ahead with their own budget. republicans have called to cut spending to fiscal 2008 levels.

this, i think, continues funding at 2010 levels. that might not seem significant until you realize that that's $100 billion difference. when you're running these kinds of deficits, when you have this kind of debt that makes a difference. the first rule when you're in a hole is to stop digging. certainly the first rule when you're running a deficit like we are is to stop spending. if we can cut to it fiscal 2008 levels rather than 2010, we should do it. we're digging a deeper hole that we'll have to fill in later or make deeper cuts later on. i would encourage everyone reject this c. are r., pass a short-term c.r. so we can deal with this responsibly in january or february, rather than continuing funding at an unsustainable level. with that, i yield back. the speaker pro tempore: the gentleman from wisconsin continues to reserve his time. the gentleman from california. mr. lewis: mr. speaker, i'm pleased to yield two minutes to the gentleman from oklahoma, mr.

cole a member of the committee. the speaker pro tempore: the gentleman is recognized for two minutes. mr. cole: i thank the chairman for yielding. i have not intended to speak on this particular issue. i had the opportunity to hear my good friend, mr. wolf, in debate recently and i wanted to come down to the floor and correct a misimpression he has about the so-called fix, let me begin by thanking my good friend the chairman for allowing us to put that legislation in the bill. i proposed the amendment on the floor which passed unanimously on a bipartisan vote by our subcommittee in the interior. the bill, frankly, the measure has absolutely nothing to do with gaming. as a matter of fact, the supreme court fix that it addresses didn't involve gaming at all. it involved a housing case, land put into trust and used for housing by an indian tribe. what the supreme court has done by a very narrow interpretation of the 1934 indian reorganization act is create two classes of indian tribes, some

of whom can receive land in the trust as they have for 80 years by secretaries of the interior of both parties and some of whom now cannot. almost all the cases involved here, almost every single one, involved cases that have absolutely nothing to do with gaming. this is a solve trinh issue and process issue. if this fix is not made, it would not have been made without the support of the members of the committees of jurisdiction and the united states senate who said this was the best vehicle and the best way to go. but if the fix isn't made, we are going to have billions of dollars worth of litigation and have enormous disruption of economic development, soing my friend is under a misimpression, mr. speaker. i wanted to make that point for the record, again, i wanted to thank my friend, mr. obey for working with us and his staff and my good friend, the chairman of the subcommittee, chairman moran, for working with us for a bipartisan solution to a real problem.

with that, i yield back. the speaker pro tempore: the gentleman yields back. the gentleman from wisconsin continues to reserve. the gentleman from california. mr. lewis: mr. speaker, for my last speaker, i believe, i'm pleased to yield one minute to mr. turner of ohio. the speaker pro tempore: the gentleman is recognized for one minute. mr. turner: i rise in strong opposition to this c.r. specifically because of section 2142. the democrats are holding hostage the funding necessary to sustain our nuclear weapons and nuclear facilities until the senate ratifies the new stark treaty. the administration opposes this provision. in fact its offered its unequivocal commitment to recapitalize and modernize the enterprise. for important issues that must be resolved. russian intentions, missile defense limitations and nuclear modernization. just yesterday, myself and

incoming armed services committee chairman mckeon and 14 others -- mckeown and 14 ores sent a letter about these. unfortunately, this legislation would hold these concerns. section 2412 is irresponsible, dangerous and must be opposed. i ask unanimous consent that our letter that we sent be made part of the record. the speaker pro tempore: the gentleman's time has expire. the gentleman has 30 seconds remaining. mr. lewis: i yield back the balance of my time. the speaker pro tempore: the gentleman from california yields back his time. the gentleman from wisconsin. mr. obey: how much time do i have remaining? the speaker pro tempore: the gentleman has 10 3/4 minutes. mr. obey: i yield myself such time as i may consume, and don't worry, i'm not going to take it all. i had not thought to get into this discussion today but i

think the comments of a previous speaker from the other side illustrate just another reason why i'm glad to be leaving this place. when i came here i don't think there were very many members who would reach a conclusion that if someone disagreed with them on substance, that somehow they are morally defective. in a civilized, adult legislative body, members would recognize that there can be legitimate policy differences that can be highly controversial and that you can have honorable people on both sides of the question engage in honest debate and discussion about those issues. in the main, that is what members in this house usually do.

but i have noticed a tendency in recent years on more and more occasions for members to substitute hyperbole for thought and to substitute attacks on character for attacks on argument. i find that sad indeed. i do not know of a straighter shooter in this congress than mr. cole. he is a highly partisan individual. he at one time ran the republican congressional campaign committee. but he did it with honor and in my view, he has brought honor to this place in the way he has handled himself on a wide variety of issues, as long as i've watched him operate. i do not believe that he or any other member of the interior subcommittee who dealt with the

issue at hand demonstrated anything but an honest effort to try to deal with a court decision which played fruitbasket upset on years and years of legal precedent. i am for one proud of the service i've had in this place with people like the gentleman from oklahoma. and i would simply urge all members as i leave this chamber to remember that there are good people on both sides of the aisle who have honest, hard-fought views and hard-earned views and have a right to express them without some off the wall member accusing them of corruption. and with that, i yield back the balance of my time and urge an aye vote.

the speaker pro tempore: the gentleman yields back. the gentleman from michigan. mr. waxman: i yield -- >> i yield to myself one minute. the speaker pro tempore: the gentleman is recognized. >> i urge my colleagues to support the food safety provisions. with the help of my good friend, the gentleman from texas, reported the bill unanimously. mr. dingell: why is it here? it's substantially the same as the bill passed by the hoss and substantially the same as that passed by the senate. it cures the weak thovepbs food and drug administration and the

fact that about a third to a quarter of our food is imported from abroad where there's no real protection for american consumers. some 5,000 americans die every year of bad food, 300,000 go to the hospital and 77 million get sick. this bill gives the food and drug administration the authority to do what needs to be done. if we do not pass this legislation, we'll find that legislation like this cannot come to the floor before late in the spring or in the summer of next year. i urge my colleagues to respect the problems that we have, see to it that americans are protected against unsafe food coming in from china. milk with mel mean, unsafe -- with melamine, unsafe strawberries, unsafe fruits and vegetables, unsafe fish and seafood and shellfish, all manner of unsafe food is being

brought in and sold to the american people because of the inability of the food and drug administration to protect the american people. this legislation will cure and address those problems. i reserve the balance of my time. the speaker pro tempore: the gentleman reserves. the gentleman from texas. mr. barton: thank you, mr. speaker. i ask unanimous con sent to revise and extend my remarks. the speaker pro tempore: without objection. mr. barton: i rise in respectful and regretful opposition to the continuing resolution. the primary reason that the energy and commerce committee has time on the floor is because of the inclusion of the food safety act in the continuing resolution. the food safety act bill that passed the house last year was the result of bipartisan cooperation between chairman waxman and subcommittee chairman pallone, chairman dingell,

myself, then-subcommittee ranking member nathan deal, and others on the republican side. it was a result of a number of years of work, it was an open process, it was an inclusive process and the result was a very strong bipartisan vote both in the committee and on the house floor. i believe on the house floor 59 republicans joined with almost every democrat to send that bill to the senate. the bill that's come back from the senate that's been included in the continuing resolution is not the house bill as amended, it is a senate bill that is significantly different in several respects. the inclusion of what's called the tester amendment in the senate bill means that some farms, small farm, and along the borders between the united states and mexico and the united states and canada would be

exempt from some of the requirements of the bill, the