John McHugh

Mr. McHUGH

Mr. McHUGH. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, we have some speakers on our side who have some time constraints, and I don't want to utilize a lot of time on my statement right now, so I just want to make a few opening comments, if I may. First of all, it seems like only days ago that we were here doing the House version of this bill, and the reason for that is we were here only days ago doing the House version of this bill. The speed with which this legislation has passed through both bodies, while not suggesting that it was done in haste, this is a well-crafted proposal, but rather suggests the importance of this acquisition reform initiative, recognizes, as well, the unanimity of feeling amongst all the Members of both the House and the Senate as to the task before us. And I think it's a tribute as well to the President, who called some of us down to the White House and told us that he fully supported this initiative and urged us to work as expeditiously as we could. Today's bill is a result of that effort, and I certainly want to start by thanking my dear friend, my partner, and my chairman, Ike Skelton, the gentleman from Missouri, for providing his leadership that brought the House and, particularly, the House Armed Services Committee, into this very, very important discussion that has developed this very, very important piece of legislation. As my distinguished chair said, we owe our thanks to many, and I want to give a special tip of the hat to as well, my friend, the gentleman from New Jersey (Mr. Andrews), my partner, our representative on the special panel, Mike Conaway, the gentleman from Texas, and all of the special panel's members who really did an outstanding job in meeting with the department representatives and discussing the initiatives with representatives of industry and Members of both Houses of the legislature, and brought this important bill before us. It is a critical measure and it really is a best-of-all-worlds proposal. It portends the opportunity to save literally hundreds and hundreds of millions of taxpayer dollars, dollars that now probably go to expenses and to costs that should and could be avoided and, as well, ensures that every tax dollar we do spend goes appropriately to providing the best weapons systems we can to keep those brave men and women in uniform safe, who do such an amazing job with us. I join my chairman, Mr. Skelton, in urging all Members to soundly and enthusiastically, and with great pride, support this conference report. And we look forward to its carrying to the White House and its signature in the very near future. With that, Mr. Speaker, I reserve the balance of my time.

Mr. McHUGH. Mr. Speaker, I would note the one Member that had a time constraint, Mr. Coffman from Colorado, not just a great and able member of our special panel, but also a veteran of both the United States Army and the United States Marine Corps, did have another appointment that he had to make and, therefore, was not able to stay with us to make his statement personally. Mr. Speaker, I would like to now yield as much time as he may consume to one of the senior members of the House Armed Services Committee, and a gentleman who also wore the uniform of this Nation, United States Marine Corps, my friend, the gentleman from Minnesota (Mr. Kline).

Mr. McHUGH. Mr. Speaker, when we try to find the right people for the right job, be it in the private sector--and it works this way in Congress as well--sometimes they're unavailable. The best people are always the busiest people. I think one of the critical challenges and primary challenges that both the chairman and I had was in making sure that the heads of the special panel were two individuals who had the power, the intellect, the understanding from the real world of life experiences, and a recognition as to the importance of the challenge. We are very blessed, certainly, with the agreement of Mr. Andrews to head and chair the subcommittee panel. As well on our side, the first person I thought of was Mike Conaway. Mike does have those qualifications of intellect, of the ability to relate to concepts and to real applications. As well, he has brought to this effort his service as an NCO in the United States Army. It is my privilege and my honor and with a great deal of thanks to yield as much time as he may consume to the gentleman from Texas (Mr. Conaway).

Mr. McHUGH. Mr. Speaker, we have no further speakers. So with the majority's permission, I'll just say a few words in closing. I would be remiss if I did not send my best wishes, appreciation and expression of admiration to our Senate colleagues, particularly Senators Levin and McCain, who led the fight on acquisition reform. As I noted to them in a meeting we had with the President at the White House, they really did help us hear the call to arms on this initiative. As we went forward, they were true and very active and very productive partners in making sure we could reach a conference report that truly does, as the bill before us speaks very clearly toward, embody the best provisions of the House bill and the Senate bill. Lastly, I want to add my words of deep appreciation to those who, day in and day out, make our committee, and ultimately make every committee, in the House of Representatives work, and that is our invaluable staff people as all of the other speakers have mentioned. I've said in the past, they labor quietly in the shadows and we are able to step out in the sunlight that they provide through their hard work and bask in their glory. And their hand prints and their diligence and terrific effort is in every line of this bill. So in closing, I would simply say again, congratulations to my friend, the distinguished chair, Mr. Skelton, and strongly urge all of our Members to step forward and to proudly support this bill. And we can do something important for the war fighters and the taxpayers of this great country. And I would yield back the balance of my time.

Mr. McHUGH

Mr. McHUGH. Madam Speaker, I rise today as the proud sponsor of H. Res. 300, which congratulates Camp Dudley YMCA of Westport, New York, on the occasion of its 125th anniversary. I want to thank the gentlemen from California (Mr. Miller and Mr. McKeon) for their work to bring this resolution to the floor today. Likewise, I wish to thank many of my colleagues in the House who have signed on as cosponsors. Camp Dudley is the oldest camp in continuous operation in the United States. It was founded in 1885 by Sumner F. Dudley, a YMCA volunteer, and will celebrate its 125th anniversary this year. The camp is located in picturesque Westport, New York, on the shores of Lake Champlain and surrounded by the Adirondack Mountains. Camp Dudley is truly a special place. It is a place that celebrates timeless traditional values and inspires boys, girls, men and women to seek something higher than their own self-interest. In fact, Camp Dudley's motto is appropriately ``The Other Fellow First.'' Over the years, Camp Dudley has remained true to its mission to develop moral, personal, physical and leadership skills in the spirit of fellowship and fun. In fact, leadership development is a dynamic part of the Dudley experience. Camp Dudley uniquely refers to its counselors as Leaders. This resolution recognizes this legacy of leadership. It is also important to recognize that Camp Dudley welcomes a diverse camper body of all faiths into their community. This resolution further recognizes Camp Dudley's commitment to making camp affordable for all socioeconomic levels. In fact, approximately 20 percent of summer campers are awarded scholarships on the basis of financial need and are funded from the generous support of alumni and parents. This support has allowed campers and staff to make significant contributions in their own communities and families. Many alumni have gone on to excel in a variety of fields including medicine, law, business, and government, to name just a few. This resolution also recognizes Camp Dudley's decision to expand its reach to include Camp Kiniya for girls in 2006. Camp Kiniya is located on the Vermont side of Lake Champlain in Colchester, Vermont. Of note, the William J. Schmidt Annual Scholarship Fund, named after former Camp Director Willie Schmidt, was launched in 2004. Thanks in large part to Dr. Schmidt's generosity and fundraising efforts, thousands of boys and girls have the joy of a Camp Dudley experience. Campers representing 35 states and 12 foreign countries have spent their summers at Camp Dudley. They have enjoyed this experience so immensely that the camper return rate stands at 84 percent. One of the unique characteristics of Camp Dudley is the loyalty and support of its alumni both through financial support and attendance at the more than forty-seven alumni gatherings occurring each year across the country and around the world. Accordingly, I ask my colleagues to support this resolution honoring Camp Dudley YMCA of Westport, New York, on the occasion of its 125th anniversary and join with me in recognizing Camp Dudley's current staff, campers, and alumni for their contributions to their communities.

Mr. McHUGH

Mr. McHUGH. Mr. Speaker, I yield myself such time as I may consume. (Mr. McHUGH asked and was given permission to revise and extend his remarks.)

Mr. McHUGH. Mr. Speaker, I too rise in support of this very important piece of legislation, H.R. 2101, the Weapons Acquisition System Reform through Enhancing Technical Knowledge and Oversight Act of 2009. I want to begin where thanks are truly due, and that is with my good friend, my distinguished chairman, the gentleman from Missouri (Mr. Skelton), who provided the inertia and the great leadership in putting together the team that has worked so hard to bring this bill to the floor, and a particular tip of the hat to the gentleman from New Jersey (Mr. Andrews) and my friend and colleague, the gentleman from Texas (Mr. Conaway), for their roles as the chairman and the ranking member in our special oversight committee. They really have done yeoman's work, supported by very able members, as they advanced a great piece of legislation. Obviously, as you have heard, we consider this matter to be of utmost importance. The United States taxpayers deserve to get the most bang for their buck. It's a trite saying, but very true, especially when matters of national security are involved. What's more, there is an enormous opportunity cost when major defense systems miss and overrun their budgets. The Government Accountability Office found that as of 2009 the Department of Defense had, as the chairman so correctly stated, some $296 billion of cost growth on just 96 major weapons systems. And even if most of this growth is due to poor initial estimates or requirement changes and not to waste or mismanagement, the fact remains that the Department of Defense was unable to spend hundreds of billions of dollars on other planned priorities. It's in the interest of a strong national defense, therefore, that we in Congress do all that we can to rein in cost growth in the development of major weapons programs. This national security imperative is also what has driven us to quickly mark up, and hopefully pass today, H.R. 2101. But I would note, despite the speed with which this body has moved, the legislation we have before us is a sound and well-crafted product. We have the benefit of feedback from the industry, from the Department, and from members of our Defense Acquisition Reform Panel. Speaking on my own behalf, I believe this feedback has allowed our committee to draft truly a superior piece of legislation. I don't want to be taken wrong here, the Senate, the other body, has passed a solid piece of legislation as well, S. 454. But it's important for the House Members to recognize that the legislation we have before us today will take us immediately into conference with the Senate and, quite likely, to the President's desk in just a matter of weeks. Which is why we all believe it's all the more important to get a strong vote in support of this bill, to guarantee the voice of the House is heard in this debate, so that this body will remain on the forefront of ensuring we deliver the right capability to our war fighters at the right time and at the best value. As my chairman, Mr. Skelton, has indicated, this legislation focuses on reforms on the early stage of the acquisition system, requiring the evaluation of alternative solutions and more critical points and independent oversight earlier in the process. A focus on early stage acquisition is vital. As we know, as we heard from my chairman, the sins which cause most cost overruns are generally created in the initial stages of the acquisition process. It also increases the level of independent scrutiny major weapons programs receive, not because our program managers are incapable, but because we recognize that it's an unfair burden to require program managers to be both a leading advocate for and an independent evaluator of the program. The legislation also seeks to address concerns we have had heard about minimizing bureaucracy and continuing to give the Secretary of Defense the flexibility he needs to manage his own office. Despite the impressive list of reforms carried in this bill, it really is relatively narrow in scope. Some, including The New York Times Editorial Board, have criticized us for focusing only on acquisition of major weapons systems, stating, and I quote from one of their editorials, ``Unfortunately, the House version, to be voted on later, applies to only about 20 percent of acquisitions.'' Although, with due respect to The Gray Lady, maybe $296 billion doesn't sound like a lot of money to The New York Times, but as I previously noted, that's just the cost of overruns on these 96 programs. The total planned outlay for those 96 programs is some $1.6 trillion. I have to say that I am fairly comfortable with taking on reforms to $1.6 trillion in government spending as just a first step this year. In addition, we deliberately narrowed the scope of our bill in order to keep the legislation aligned with the Senate and to send this bill to the President as soon as possible. The remaining 80 percent of DOD programs will not go unaddressed. If truth be told, acquisition workforce issues and acquisition of services have been addressed in prior years' bills, but we will not be satisfied with resting on the laurels that I think this body will accrue today in supporting this legislation. These issues will continue to be considered by the Defense Acquisition Reform Panel, which will carry on with its mandate to consider initiatives that could be addressed by the committee as part of the fiscal year 2011 National Defense Authorization Act. Mr. Speaker, in closing, I want to reemphasize that I give my full support to this bill. We owe a great debt of gratitude to those Members who worked so hard to bring it to the floor today and do so with such a quality product behind it. I am honored to stand with them in this well this afternoon, and I look forward to a strong vote in support of this worthy piece of legislation. Mr. Speaker, I rise in support of H.R. 2101, the Weapons Acquisition System Reform through Enhancing Technical Knowledge and Oversight Act of 2009. As my friend and Chairman, Ike Skelton, has so ably described, this bill, which was unanimously adopted by the House Armed Services Committee, takes aim at reforming the process used by the Department of Defense to acquire major weapons systems. We consider this matter to be of the upmost importance. The United States taxpayers deserve to get the most bang for their buck-- especially when national security matters are involved. What's more, there is an enormous opportunity cost when major defense weapons systems miss overrun their budgets. The Government Accountability Office found that as of 2009 the Department of Defense had $296 billion of cost growth on 96 major weapons systems. Even if most of this growth is due to poor initial estimation or requirements changes, and not to waste or mismanagement, the fact remains that the Department of Defense was unable to spend hundreds of billions of dollars on other planned priorities. Therefore, in the interest of a strong national defense, Congress must do all it can to reign in cost growth in the development of major weapons programs. This national security imperative is also what has driven us to quickly mark up and, hopefully, pass H.R. 2101. Despite the speed with which this body has moved, the legislation before us is a sound, well- crafted product. We have had the benefit of feedback from industry, from the Department, and from the members of our Defense Acquisition Reform Panel. Speaking for myself, I believe this feedback has allowed our Committee to draft a superior piece of legislation. Don't get me wrong. The Senate has already passed a solid piece of legislation, S. 454. But it is important for the members of the House to recognize that the legislation we have before us today will take us immediately into conference with the Senate, and quite likely to the President's desk in a matter of weeks. Which is why I believe it is all the more important to get a strong vote in support of this bill, to guarantee the voice of the House is heard in this debate and so this body will remain on the forefront of ensuring we deliver the right capability to our warfighters at the right time and at the best value. As Chairman Skelton has indicated, this legislation focuses reforms on the early stages of the acquisition system, requiring the evaluation of alternative solutions at more critical points and independent oversight earlier in the process. A focus on early stage acquisition is vital, because we know from experience that the sins which cause cost overruns are generally created in the initial stages of the acquisition process. It also increases the level of independent scrutiny major weapons programs receive--not because our program managers are not capable, but because we recognize that it is an unfair burden to require program managers to be both the leading advocate for a program and an independent evaluator of the program. The legislation also seeks to address concerns we have heard about minimizing bureaucracy and continuing to give the Secretary of Defense the flexibility he needs to manage his own office. Despite the impressive list of reforms carried in this bill, our legislation is relatively narrow in scope. Some, including the New York Times Editorial Board, have criticized us for focusing only on the acquisition of major weapons systems, stating, ``Unfortunately, the House version, to be voted on later, applies only to about 20 percent of acquisitions.'' Maybe $296 billion doesn't sound like a lot of money to the New York Times, but as I've previously noted--that's just the cost overruns on those 96 programs. The total planned outlay for those 96 programs is $1.6 trillion. I have to say that I'm fairly comfortable with taking on reforms to $1.6 trillion in Government spending, as a first step this year. In addition, we deliberately narrowed the scope of our bill in order to keep our bill aligned with the Senate bill and to send this legislation to the President as soon as possible. The remaining 80 percent of DoD acquisition programs will not go unaddressed. If truth be told, acquisition workforce issues and acquisition of services have been addressed in prior year bills. But we will not be satisfied with resting on our laurels. These issues will continue to be considered by the Defense Acquisition Reform Panel--which will carry on with its mandate to consider initiatives that could be addressed by the Committee as part of the FY2011 National Defense Authorization Act. Ironically, others have suggested that additional legislation is not warranted. The outgoing Under Secretary of Defense for Acquisition, Technology, and Logistics recently told reporters, ``I just do not think you can mandate a process that will ensure successful defense acquisition . . . The bottom line is people run programs, not documents [or] processes.'' I think few can argue with this assessment. In the end, implementation of sound acquisition policies and maintaining a skilled workforce is more important than passing new reforms. Nevertheless, we continue to see poor outcomes that could have been avoided if there had been a stronger independent voice, earlier in the program and the warfighters had a clear role in establishing the requirements up front. Moreover, we have repeatedly heard testimony before the Armed Services Committee that the reforms contained in this bill are practical, necessary, and can be implemented. We heard testimony from a panel of outside experts, many of them former senior officials from DoD, and the new Deputy Secretary of Defense, who were highly complimentary of this legislation. The Department is on-board with these changes--many of which they have recently committed to internal policy guidance. Therefore, Mr. Speaker, I give my full support to this bill. In conclusion, I thank all of the members, but especially Chairman Skelton, for collaborating so closely with me, and Rob Andrews and Mike Conaway who lead our Defense Acquisition Reform Panel, for their participation in this process and for helping to make this the strongest possible product. I have absolute confidence that the members of the Panel will continue in their endeavors and provide the Armed Services Committee with a number of additional recommendations when they have fulfilled their mandate. We appreciate their hard work. Mr. Speaker, I urge my colleagues to vote yes on H.R. 2101. With that, I reserve the balance of my time.

Mr. McHUGH. At this time I'd like to yield 2 minutes to a very able member of the Acquisition Reform panel and a proud veteran of our United States military, the gentleman from Colorado (Mr. Coffman).

Mr. McHUGH. I want to again thank the gentleman from New Jersey for his great effort and leadership and clearly associate myself with his comments about the staff, some of whom are beside and behind me here, as they are behind the chairman and others on the other side. Everything good that we achieve comes from their efforts. Everything that is not so good is certainly because we fail to listen to them. Certainly, in this bill, we listened to them very carefully. That, in large measure, is why it's such a great product. With that, I'm proud to yield 4 minutes to our leader on our side of the aisle, a man whom I asked if he would not think about leading our efforts from the minority side, and was anxious to go forward and really underscored why he was the only choice, the gentleman from Texas (Mr. Conaway).

Mr. McHUGH. At this time I'd be happy to yield such time as he may consume to our ranking member on the Air and Land Subcommittee, the gentleman from Maryland (Mr. Bartlett).

Mr. McHUGH. Madam Speaker, at this time I am proud to yield 2 minutes to the gentleman from Louisiana (Mr. Fleming), a 6-year member of the Navy and a military family physician.

Mr. McHUGH. I reserve the balance of my time.

Mr. McHUGH. Madam Speaker, I would yield myself the balance of our time. Madam Speaker, as you have heard here today through very eloquent and insightful comments of Members on both sides of the aisle, this is a piece of legislation that we believe very strongly deserves the full and enthusiastic support of every Member of this House. And I want to close how I opened, and that is a word of thanks to our distinguished chairman and to the Chair and ranking member of our special panel, Messrs. Conaway and Andrews for their great efforts. And I know today that the House will take an important step forward in both serving our men and women in uniform better through acquisition reform and equally serving the interests of the United States taxpayer. With that, I yield back the balance of my time.

Mr. McHUGH

Mr. McHUGH. Madam Speaker, I rise today to congratulate the Thousand Islands Winery upon being named the 2009 Winery of the Year by the New York Wine and Grape Foundation at its 38th annual New York Wine Industry Workshop and Unity Banquet. I am pleased to have the opportunity to recognize the winery and its owners, Steve and Erika Conaway, and extend my sincere wishes for their continued success. The Thousand Islands Winery is located between Clayton and Alexandria Bay in Jefferson County, New York, which I am proud to represent. This incredibly picturesque area is known as the Thousand Islands Region and consists of over 1,000 islands that are located along the U.S.-Canada border within the St. Lawrence River and Lake Ontario. Tourism has long been a crucial component of the economy. The winery, which the Conaways established on May 16, 2002, holds the unique distinction of being the northern most farm winery in New York State. It has produced over 25,000 gallons of wines in 14 varieties and has won 21 medals for its wines in national and international competitions. Notably, its blush wine ``Alexandria Bay Rose'' won a double gold, best in class, at the 2008 National Women's Wine Competition in Santa Rosa, California. Additionally, the winery was a founding member of the Thousand Islands-Seaway Wine Trail, which is over 78 miles long, and has already attracted more than 52,000 visitors since it was launched in 2007. The trail now consists of two grape nurseries, nineteen vineyards, and includes three other local wineries: the Coyote Moon Winery in Clayton, the Otter Creek Winery in Philadelphia, and the Yellow Barn Winery outside of Sackets Harbor. Given the importance of economic growth to New York's 23rd Congressional District, I am particularly appreciative of the work done by the Thousand Islands Winery and others to develop the wine industry and the wine trail and thereby enhance the economy of the region.

Mr. McHUGH

Mr. McHUGH. Madam Speaker, I rise today as a proud cosponsor of the Preserving the American Historical Record (PAHR) Act. I appreciate the work my friend, the gentleman from New York (Mr. Hinchey), has done to develop this important legislation, which would greatly enhance efforts to preserve and disseminate our Nation's rich historical records. Americans have long recognized the importance of preserving history through the support of such institutions as the Library of Congress, National Archives, and the Smithsonian Institution. However, efforts to preserve records held by State and local historical societies, archives, and libraries are currently hindered due to a lack of resources necessary to ensure adequate preservation. The PAHR Act, which I also cosponsored during the 110th Congress (H.R. 6056), would authorize $50 million annually for grants to States, local governments, and other entities to preserve these important records. In addition to preservation assistance, the PAHR Act will enhance safe access to those records for public use. Of note, the Act could result in the expanded use of a wide variety of access tools, including archival finding aids, documentary editions, indexes and images of key records online. This measure will also support initiatives to use records in ways that highlight the importance of state, territorial, and community history. For instance, in New York's 23rd Congressional District, which I am proud to represent, there are some 300 non-profit organizations and more than 650 local governments that hold numerous records documenting both the people and history of central and northern New York. A few examples of these records include: The Adirondack Museum Library has the largest collection documenting that unique region, with records ranging from architectural drawings of ``Great Camps,'' catalogs for J.H. Rushton canoes, early maps of the Adirondack Park, and recordings of Adirondack folk musicians. The Essex County Historical Society holds records from Republic Steel that document not only the mining industry but the employment of hundreds of miners from Peru who lived and worked in Port Henry, New York in the 1920s. The Lewis County Historical Society is home to the papers of Dr. Franklin Hough, the father of American forestry. The Sackets Harbor Battlefield Historic Site Library houses manuscripts, documents, maps, archeological reports, and records related to the Sackets Harbor Battlefield, the War of 1812, and the Sackets Harbor Naval Station. St. Lawrence University retains manuscripts which document the economic, social, political, religious, and cultural activities of Adirondack communities; environmental issues; the Lake Placid Winter Olympics; and the development of the St. Lawrence Seaway. These are just a few citations outlining the wealth of historical records that could benefit through the enactment of the PAHR. Many other worthy examples exist throughout the nation. Accordingly, I look forward to working with the gentleman from New York to enact this legislation and thereby preserve additional aspects of America's rich history.

Mr. McHUGH

Mr. McHUGH. Madam Speaker, on March 23, 2009, the Gentleman from New York, Mr. Arcuri, the Gentleman from California, Mr. Nunes, the Gentleman from Utah, Mr. Bishop, and I introduced legislation, the Dairy and Sheep H-2A Visa Enhancement Act (H.R. 1660). This measure would allow dairy farmers to access the H-2A visa program and codify longstanding regulatory practices used by sheepherders and thus provide certainty to these two industries, which collectively accounted for over $141 billion in economic activity in 2007. In New York's 23rd District, which I have the privilege of representing, dairy is an integral component of the economy, with approximately 2,000 dairy farms with some 190,000 milk cows dispersed across the 11 counties that comprise the region. Dairy farmers have long overcome natural disasters and wide farm price fluctuations, such as the current nearly 50 percent decline in the price of milk from just one year ago. However, these difficulties are exacerbated by current labor shortages, which cause farms to either remain static in size, shrink, or make a decision to end a way of life and go out of business. Whether in New York or California, with a herd large or small, dairies need sufficiently trained and skilled labor. Dairy work is demanding and must be done around the clock, 365 days a year. During the past decade, dairy farms throughout the nation have increasingly experienced difficulty in hiring local workers to meet their needs and, as a result, are ever more reliant upon immigrant labor. The tremendous uncertainty regarding that labor supply has a profound impact on their ability to plan for the future and make sound business decisions. Under the H-2A program, employers may hire foreign workers to perform full-time, temporary or seasonal agricultural work. However, the H-2A program does not work effectively for dairy because the program requires both the worker and the job to be seasonal and temporary. Thus, the Dairy and Sheep H-2A Visa Enhancement Act would allow dairy farmers to legally hire foreign workers through the program for an initial period of three years with additional terms of three years thereafter without requiring intervening periods of absence. The bill would also allow sheep ranchers to hire foreign workers through the program on the same terms and codify those existing regulatory practices benefitting American sheep ranchers that have proven to be extremely successful. For more than 60 years, the American sheep industry has been able to utilize the H-2A program to employ foreign sheepherders. This legislation is currently supported by the following entities: Agri-Mark, Inc.; American AgCredit; American Sheep Industry Association; California Wool Growers Association; CoBank; Colorado Wool Growers Association; Dairy Farmers of America; Dairylea Cooperative Inc.; Farm Credit Services Southwest; Farm Credit of Western New York; Farm Credit West; Federal Land Bank Association of Kingsburg; First Pioneer Farm Credit; Idaho ACA; Idaho Wool Growers Association; Maryland & Virginia Milk Producers; Montana Wool Growers Association; National Milk Producers Federation; Nevada Wool Growers Association; New York Farm Bureau; Northeast Dairy Farmers Cooperatives; Northeast States Association for Agricultural Stewardship; Northwest Farm Credit Services; Oregon Sheep Growers Association; St. Albans Cooperative Creamery; South East Farmers Association; United Dairymen of Arizona; Upstate-Niagara Cooperative; Utah Wool Growers Association; Washington State Sheep Producers; Western Range Association; Western United Dairymen; Wyoming Wool Growers Association; Yankee Farm Credit; and Yosemite Farm Credit. As I have previously stated, American dairy farmers and sheep ranchers deserve and need access to a stable source of legal workers. Accordingly, Congress should enact the Dairy and Sheep H-2A Visa Enhancement Act without undue delay.

Mr. McHUGH

Mr. McHUGH. Madam Speaker, yesterday, March 16, 2009, the Gentleman from Oregon, Mr. Schrader, and I introduced legislation, H.R. 1509, the Home Office Deduction Simplification Act. This legislation, which was H.R. 6214 in the 110th Congress, is designed to reduce the complexity of the tax code and provide Americans with the ability to elect to take a standard deduction in the amount of $1,500 for home office expenses. In 1976, Congress enacted Section 280A of the Internal Revenue Code, which as amended in 1997, provides the limited circumstances in which an individual or an S corporation may take a deduction for expenses related to an office in the home. Generally, deductions are limited to those parts of a home that are exclusively used on a regular basis as a principal place of business or to meet with patients, clients, or customers. As a result of technological advancements and other significant changes in our economy over the past 40 years, many more small businesses are now able to effectively operate out of the home. Not surprisingly, there has been a growth in the use of home offices; according to the Internal Revenue Service (IRS), the home office deduction was taken on 3.3 million self-employed business returns in tax year 2006, an increase of 700,000 from tax year 2002. Nonetheless, the IRS reports that ``a substantial number of taxpayers with home office expenses are not claiming them on tax returns.'' According to the IRS, the deduction might be underutilized because ``understanding and complying with the rules for deducting home office expenses can be difficult for small business and self-employed taxpayers.'' This is borne out by an IRS analysis that found almost half of the taxpayers claiming a home office deduction made errors. Small businesses are unquestionably the backbone of our nation's economy. In fact, some 27 million American small businesses represent more than 99 percent of all employers, provide 51% of private sector employment and 45% of its payroll, and produce approximately 50% of the nation's private, nonfarm GDP. I could not overstate the importance of the nearly 66,000 small businesses I have the privilege of representing to the economy of Northern and Central New York. The importance of this measure to small businesses is evident by the fact that it is supported by a coalition that includes the Alliance of Visual Artists, American Homeowners Grassroots Alliance, Associated Builders & Contractors (ABC), Association for Enterprise Opportunity (AEO), National Association for the Self-Employed (NASE), National Federation of Independent Business (NFIB), National Small Business Association (NSBA), Professional Photographers of America, Small Business & Entrepreneurship Council, Small Business Legislative Council (SBLC), and Women Impacting Public Policy (WIPP). The Home Office Deduction Simplification Act is also supported by the SBA Office of Advocacy. Given the importance of small businesses to our economy, it is imperative that Congress act when presented with opportunities to reduce or remove costly regulatory burdens. The current home office deduction presents such an opportunity, which Congress can reduce, by enacting the Home Office Deduction Simplification Act. Accordingly, I ask my colleagues to join with Mr. Schrader and me to enact this important measure.

Mr. McHUGH

Mr. McHUGH. Madam Speaker, pursuant to the House Republican standards on earmarks, I am submitting the following information for publication in the Congressional Record regarding earmarks I received as part of H.R. 1105 FY 2009 Omnibus Appropriations Act: Requesting Member: Congressman John McHugh Bill Number: H.R. 1105 Account: Environmental Programs and Management Legal Name of Requesting Entity: National Rural Water Association Address of Requesting Entity: 2915 South 13th Street, Duncan OK 73533. Description: Provide an earmark of $11,500,000 to help ensure that small communities operate safe, clean water supplies and comply with federal environmental mandates. I certify that I have no financial interest in this project

Mr. McHUGH

Mr. McHUGH. Madam Speaker, I rise today as a proud cosponsor of the Healthcare Enhancement for Local Public Servants Act of 2009, or HELPS II, Act. I appreciate the work my friend, Mr. Crowley, has done to develop this important legislation, which would make health care and Long Term Care (LTC) premiums more affordable for retired public servants. Currently, active American workers who participate in a cafeteria plan option known as ``premium conversion'' may elect to reduce their taxable wages by having their share of health insurance premiums paid on a pretax basis. Such an arrangement reduces both income and employment taxes. Since October 2000, this option has been available to federal employees who participate in the Federal Employees Health Benefits Program (FEHBP). This option is also available to private sector and state or local government employees with their employers' permission. Generally, premium conversion is not available to retirees. This is so because of an Internal Revenue Service (IRS) determination that distributions from qualified retirement plans are always subject to taxes, aside from several minor exceptions. Consequently, retirees are precluded from recasting pension payments as pretax income and thus denied this tax benefit. The Pension Protection Act of 2006 (P.L. 109-280) allows certain retired public safety officers to pay up to $3,000 of qualified health insurance and/or Long Term Care (LTC) insurance premiums from their pensions on a pretax basis. This tax advantage, which makes health care more affordable, has become increasingly important as health insurance premiums have increased in recent years. While I support making premium conversion available to all Americans, a good first step would be to make it available to retired state and local public employees through the enactment of the Healthcare Enhancement for Local Public Servants Act of 2009. Accordingly, I look forward to working with the Gentleman from New York to enact this measure.

Mr. McHUGH

Mr. McHUGH. Madam Speaker, on March 9, 2009, I introduced H.R. 1400, a bill designed to further combat and reduce underage smoking. Specifically, this measure would make cigarettes and certain other tobacco products nonmailable through the United States Postal Service. This bill is necessary because the United States Postal Service is being used to facilitate the delivery of cigarettes that were purchased illegally on the Internet by underage minors. Unfortunately, those existing safeguards designed to prevent minors from purchasing cigarettes online have proven ineffective. For example, although 80 percent of cigarette vendor websites allege that transactions with minors will not be completed, there is little in place to enforce this policy. In fact, one study found that only seven percent of online vendors require driver's license information, while more than 50 percent simply require customers to verify their age by selecting an ``I am over 18 years old'' option. These and other safeguards clearly did not deter the 50,000 minors estimated, based on U.S. Centers for Disease Control and Prevention data, to have purchased cigarettes online in 2003. As Internet commerce expands, the number of persons (including minors) purchasing cigarettes online is expected to increase dramatically. The problem H.R. 1400 is designed to address is illustrated by the disturbing results from Internet ``sting'' operations conducted by over 15 states in recent years. In New York State, 24 out of 26 websites sold cigarettes to minors as young as nine years old. Moreover, in 2005, a group of Upstate New York teenagers in my Congressional District conducted a similar experiment in collaboration with law enforcement. Half of their orders were successfully delivered, and, unfortunately, 90 percent were delivered via the United States Postal Service. In addition to helping curb the usage of tobacco products among minors, H.R. 1400 would end tax evasions that hurt our States and local governments. These revenues are not insignificant. Rather, annual tax revenues estimated at $1.4 billion are being lost; in 2005, New York State alone lost $400 million. Madam Speaker, Congress has the opportunity to combat underage tobacco use and tax evasion by enacting H.R. 1400. Accordingly, I ask my colleagues to work with me to enact this important measure.

Mr. McHUGH

Mr. McHUGH. Madam Speaker, I rise today to introduce the Maple Tapping Access Program (TAP) Act, which is designed to increase maple syrup production in the United States. It would also further economic development in rural areas like Northern and Central New York, which I am honored to represent. The United States has the potential to greatly increase its maple syrup production. In fact, there are nearly two billion potential taps dispersed across 20 states. However, despite this wealth of resources, the United States currently imports four times as much maple syrup as is produced domestically. In fact, we only tap 7.5 million or one in every 250 maple trees. According to Cornell University, if the United States' maple industry increased its rate to just 2.1%, 42 million more trees could be tapped. This increased production would have an annual economic impact in excess of $300 million. In an effort to enhance U.S. maple syrup production, the Maple Tapping Access Program Act would direct the U.S. Secretary of Agriculture to establish a public access program, for which $20 million would be authorized annually. Through this program, State and tribal governments could apply for competitive grants to design and implement programs to encourage landowners to provide access to their land for maple tapping activities. My friend, Mr. Schumer, is introducing the companion measure in the Senate. It is important to note that my legislation differs slightly. Specifically, my bill clarifies that participating landowners may provide access to their land for maple tapping purposes voluntarily or by lease or other means. Additionally, my version of this measure would allow states and tribes to use grant funds to encourage landowners to initiate or expand maple tapping activities on their land. The Maple Tapping Access Program Act would provide the impetus necessary to stimulate an underdeveloped American maple industry and foster much-needed rural economic development. Accordingly, I ask my colleagues to join with me to enact this important measure.

Mr. McHUGH

Mr. McHUGH. Madam Speaker, pursuant to the House Republican standards on earmarks, I am submitting the following information for publication in the Congressional Record regarding earmarks I received as part of H.R. 1105, FY 2009 Omnibus Appropriations Act: Requesting Member: Congressman John McHugh Bill Number: H.R. 1105 Account: Institute of Museum & Library Services: Museums & Libraries Legal Name of Requesting Entity: Adirondack Museum Address of Requesting Entity: Route 28N & 30, P.O. Box 99 Blue Mountain Lake, NY 12812. Description: Provide an earmark of $95,000 to the Adirondack Museum for the construction of an exhibit to highlight and preserve the history and impact of the mining industry on the Adirondack region. Requesting Member: Congressman John McHugh Bill Number: H.R. 1105 Account: Department of Health & Human Services: HRSA Health Facilities and Services Legal Name of Requesting Entity: Samaritan Medical Center Address of Requesting Entity: 830 Washington Street, NY 13601. Description: Provide an earmark in the amount of $190,000 for the construction and renovation of a new healthcare facility to better meet the needs of the nearby fast growing military and civilian population. Requesting Member: Congressman John McHugh Bill Number: H.R. 1105 Account: Department of Health & Human Services: HRSA Health Facilities and Services Legal Name of Requesting Entity: Oneida Healthcare Center Address of Requesting Entity: 321 Genesee Street, Oneida, NY 13421 Description: Provide an earmark in the amount of $285,000 for the demolition and renovation of a new acute care facility, and to help fund the purchase of movable equipment at the Oneida Healthcare Center. Requesting Member: Congressman John McHugh Bill Number: H.R. 1105 Account: Department of Health & Human Services: HRSA Health Facilities and Services Legal Name of Requesting Entity: Carthage Family Wellness Clinic Address of Requesting Entity: 120 South Mechanic Street, Carthage, NY 13619. Description: Provide an earmark in the amount of $190,000 for the construction of a medical office building. Requesting Member: Congressman John McHugh Bill Number: H.R. 1105 Account: Department of Health & Human Services: HRSA Health Facilities and Services Legal Name of Requesting Entity: Canton-Potsdam Hospital Address of Requesting Entity: 50 Leroy Street, Potsdam, NY 13676. Description: Provide an earmark in the amount of $143,000 for the expansion of the current hospital complex to accommodate a new Intensive Care Unit. Requesting Member: Congressman John McHugh Bill Number: H.R. 1105 Account: Department of Health & Human Services: HRSA Health Facilities and Services Legal Name of Requesting Entity: Elizabethtown Community Hospital Address of Requesting Entity: 75 Park Street, Elizabethtown, NY 12932. Description: Provide an earmark in the amount of $190,000 for the purchase of telemedicine equipment and radiology and mammography equipment. Requesting Member: Congressman John McHugh Bill Number: H.R. 1105 Account: Department of Education: Higher Education Legal Name of Requesting Entity: State University of New York at Canton Address of Requesting Entity: 34 Cornell Drive, Canton, NY 13617. Description: Provide an earmark in the amount of $143,000 the purchase of laboratory equipment for the purposes of distance learning and experimentation. Requesting Member: Congressman John McHugh Bill Number: H.R. 1105 Account: Department of Justice: OJP Juvenile Justice Legal Name of Requesting Entity: Youth Advocate Programs, Inc. Address of Requesting Entity: 2007 North Third Street, Harrisburg, PA Description: Provide an earmark in the amount of $150,000 for the establishment of two centers in New York State to provide assistance to at-risk youth. Requesting Member: Congressman John McHugh Bill Number: H.R. 1105 Account: Department of Justice: OJP Byrne Discretionary Grants Legal Name of Requesting Entity: Franklin County District Attorney's Office Address of Requesting Entity: 355 W. Main Street, Malone, NY 12953. Description: Provide an earmark in the amount of $350,000 for the construction and deployment of a wireless video-based surveillance system with video analysis for use by multiple law enforcement agencies. Requesting Member: Congressman John McHugh Bill Number: H.R. 1105 Account: Environmental Protection Agency: STAG Water and Wastewater Infrastructure Project Legal Name of Requesting Entity: Village of Canastota Address of Requesting Entity: 205 Peterboro Street, Canastota, New York 13032 Description: Provide an earmark in the amount of $500,000 for the construction of an upgraded Village combined sewer system. Requesting Member: Congressman John McHugh Bill Number: H.R. 1105 Account: National Park Service: Save America's Treasures Legal Name of Requesting Entity: Frederick Remington Art Museum Address of Requesting Entity: 303 Washington Street, Ogdensburg, NY 13699 Description: Provide an earmark in the amount of $150,000 for the restoration of the historic Parish Mansion which houses the Frederick Remington Museum. Requesting Member: Congressman John McHugh Bill Number: H.R. 1105 Account: Economic Development Initiatives Legal Name of Requesting Entity: Village of Rouses Point, NY Address of Requesting Entity: 139 Lake Street, Rouses Point, NY Description: Provide an earmark in the amount of $95,000 for the restoration and preservation of a rail station. Requesting Member: Congressman John McHugh Bill Number: H.R. 1105 Account: National Park Service: Economic Development Initiatives Legal Name of Requesting Entity: Points North Housing Coalition of Jefferson, Lewis and St. Lawrence Counties Address of Requesting Entity: 129 Kiwassa Road, Saranac, NY 12983 Description: Provide an earmark in the amount of $166,250 for the support and development affordable housing in Jefferson, Lewis, and St. Lawrence Counties. Requesting Member: Congressman John McHugh Bill Number: H.R. 1105 Account: National Park Service: Surface Transportation Priorities Legal Name of Requesting Entity: Operation Oswego County, Inc. Address of Requesting Entity: 44 West Bridge Street, Oswego, NY 13126 Description: Provide an earmark in the amount of $237,500 for improvement of road and rail connections at the Port of Oswego. Requesting Member: Congressman John McHugh Bill Number: H.R. 1105 Account: National Park Service: Federal Lands (Public Lands Highways) Legal Name of Requesting Entity: New York State Department of Transportation Address of Requesting Entity: 50 Wolf Road, Albany, NY 12232 Description: Provide an earmark in the amount of $1,425,000 for the construction of a 4-lane road from Interstate 81 to the main gate at Fort Drum in order to enhance the viability of the Fort and improve safety in the region. Requesting Member: Congressman John McHugh Bill Number: H.R. 1105 Account: Department of Energy: EERE Legal Name of Requesting Entity: Town of Mexico, NY Address of Requesting Entity: 3226 Main Street, Mexico, NY Description: Provide an earmark in the amount of $142,500 for the construction of a town hall that makes use of energy efficient geothermal technologies for climate control. Requesting Member: Congressman John McHugh Bill Number: H.R. 1105 Account: Department of Energy: EERE Legal Name of Requesting Entity: Catalyst Renewables Corporation, c/o Lyonsdale Biomass Address of Requesting Entity: 3823 Marmon Road, Lyons Falls, NY 13368 Description: Provide an earmark in the amount of $475,750 for the commercialization of willow biomass crops as part of the mix of woody biomass feedstocks for bioenergy. Requesting Member: Congressman John McHugh Bill Number: H.R. 1105 Account: Department of Energy: EERE Legal Name of Requesting Entity: State University of New York at Morrisville Address of Requesting Entity: 90 Eaton Street, Morrisville, NY 13408 Description: Provide an earmark in the amount of $475,750 to construct an algae-based renewable energy efficiency project.

Mr. McHUGH

Mr. McHUGH. Madam Speaker, I rise today to introduce legislation, the Cluster-Based Economy Enhancement Act of 2009. This proposal is designed to stimulate collaborative interactions between businesses in regional economies to produce innovation and create jobs. ``Clusters'' are geographic concentrations of competing, complementary, or interdependent business entities or industries that do business with one another and have common needs for talent, technology, and infrastructure. The bill recognizes that such clusters boost competitiveness and growth of a region as a whole. As the recent economic turmoil has highlighted, American industries must become better equipped to thrive in the increasingly competitive global economy. Rather than continuing to see skilled workers move abroad, we need to take actions conducive to the creation of new employment, both through traditional means of expansion and in-sourcing of foreign jobs. As we do so, we must be mindful that there are regions within America, like Central and Northern New York, that continue to struggle disproportionately demanding we seek ways to overcome those challenges to economic development they face. In response, this legislation would authorize up to $50 million for cluster-based economic development grants to state and local governments, colleges and universities, and nonprofit economic development organizations to further enhance economic development. Of note, this initiative would make those entities within the five regional development commissions, authorized in the Food, Conservation, and Energy Act of 2008 (P.L. 110- 246) eligible to apply for such grants. It is important to note that these recently created bodies are configured to encompass some of our nation's poorest areas. In addition to the Northern Border Regional Development Commission, which I worked to create, the other commissions include the Delta Regional Authority, the Northern Great Plains Regional Authority, the Southeast Crescent Regional Commission, and the Southwest Border Regional Commission. Madam Speaker, this legislation would not only help increase America's economic competitiveness, it would also create new opportunities in areas like Northern and Central New York, that are particularly in need of economic opportunities. Accordingly, I ask my colleagues to join with me as I work to enact the Cluster-Based Economy Enhancement Act of 2009.

Mr. McHUGH

Mr. McHUGH. Madam Speaker, on January 14, 2009, I introduced H.R. 528, the Short Sea Shipping Act of 2009. This measure would provide the tax incentive necessary to increase the transportation of freight via coastal and inland waterways, which would have significant environmental and economic benefits. Specifically, the Short Sea Shipping Act of 2009 would exempt from the Harbor Maintenance Tax, HMT, nonbulk commercial cargo that is loaded at a port in the United States mainland and unloaded at another port in the United States mainland after transport solely by coastal or river route or unloaded at a port in Canada located in the Great Lakes/ St. Lawrence Seaway System. Likewise, the bill's exemption would apply to nonbulk commercial cargo that is loaded at a port in Canada located in the Great Lakes Seaway System and unloaded at a port in the United States mainland. Of note, the bill defines the Great Lakes Seaway System as the waterway between Duluth, Minnesota, and Nova Scotia and encompasses the five Great Lakes, their connecting channels, and the St. Lawrence River. In fact, this is the primary difference between my bill and legislation (H.R. 981) that I cosponsored in the 110th Congress. This change was made necessary by the progress made in the development of the proposed Melford International Terminal in Nova Scotia, which is projected to handle nearly 1.5 million 20 foot equivalent units, TEUs, annually by 2015. The HMT is a levy that is imposed on the value of cargo that is imported to a port within the United States or that is transported between U.S. ports. The tax, which is assessed at a rate of 0.125 percent of the cargo value, including passengers, is assessed only once on cargo that is transported between one U.S. port and another, either at the point of departure or arrival but not both. However, cargo that is carried from a foreign port may be taxed twice, upon arrival at the initial U.S. port and again if transported to another U.S. port aboard a different vessel. Cargo that is transported along the inland waterways is subject to the Inland Waterways Fuel Tax instead of the HMT, but the Great Lakes are not considered part of the inland waterways system. For too long, the imposition of the HMT has served as a barrier to the development of a robust United States short sea shipping industry. In fact, former Secretary of Transportation Mary E. Peters has stated that ``the HMT is the most significant impediment under current law to the initiation of such services to Great Lakes ports'' because the ``avoidance of the HMT is a main motivation for shipping cargo from Canada to the United States by trucks instead of water.'' By providing this exemption to the HMT, Congress can give cargo shippers an incentive to move cargo via marine. The increased viability of such a water transportation option would subsequently combat current highway congestion, a burgeoning problem facing our Nation's transportation infrastructure. The shift of cargo transportation from common domestic cargo routes to underutilized coastal and inland waterways would also improve the flow of commerce and reduce air pollution generated by ground transportation. Additionally, by providing such an incentive to the enhancement of the short sea shipping industry, Congress has the opportunity to spur significant economic activity. Ships would have to be built and crews would have to be hired. In New York's 23rd Congressional District alone, which I am privileged to represent, illustrating just one example, the Port of Oswego would realize a significant expansion of traffic, resulting in millions of dollars in economic impact and the creation of dozens of jobs. Madam Speaker, by enacting H.R. 528, the 111th Congress can eliminate roadblocks and promote the utilization of an efficient, economical, and sustainable means of cargo transportation, while addressing the growing need for reliable transportation alternatives and additional capacity. Accordingly, I ask my colleagues to work with me to enact this important measure.

Mr. McHUGH

Mr. McHUGH. Madam Speaker, I rise today in support of H.R. 2, the Children's Health Insurance Program Reauthorization Act of 2009. Given the importance of the State Children's Health Insurance Program (SCHIP) to my constituents, I am pleased that the House is working to extend SCHIP through Fiscal Year 2013. Every bill that works its way through Congress has provisions that are less than ideal and this bill is no exception. Clearly, if given the opportunity, I would write much of this bill in a different way. That opportunity, of course, will not materialize. However, accessibility to quality health care is one of the great challenges we face as a Nation. It is a particularly acute problem in Northern and Central New York, which I have the privilege of representing. According to one source, there are currently over 400,000 children without health insurance in New York State. The importance of the SCHIP program to my district is hard to overstate. In fact, nearly 20,000 children in the 11 counties I represent are currently enrolled in the Child Health Plus as the SCHIP program is known in New York State. The bill before the House today would strengthen and expand the SCHIP program by providing an additional $35 billion over the next four and a half years. As a result of this increase in funding, an additional 4 million children--267,000 in New York State--are projected to be enrolled in the program, thereby ensuring that a total of 11 million children nationwide have access to health care. Thus, I will support this measure.