[United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]


<> ADJOURNMENT--HOUSE OF
REPRESENTATIVES AND SENATE

Resolved by the House of Representatives (the Senate concurring),
That when the House adjourns on any legislative day from Tuesday,
February 9, 2010, through Saturday, February 13, 2010, on a motion
offered pursuant to this concurrent resolution by its Majority Leader or
his designee, it stand adjourned until 2 p.m. on Monday, February 22,
2010, or until the time of any reassembly pursuant to section 2 of this
concurrent resolution, whichever occurs first; and that when the Senate
recesses or adjourns on any day from Wednesday, February 10, 2010,
through Sunday, February 14, 2010, on a motion offered pursuant to this
concurrent resolution by its Majority Leader or his designee, it stand
recessed or adjourned until noon on Monday, February 22, 2010, or such
other time on that day as may be specified in the motion to recess or
adjourn, or until the time of any reassembly pursuant to section 2 of
this concurrent resolution, whichever occurs first.
Sec. 2.  The Speaker of the House and the Majority Leader of the
Senate, or their respective designees, acting jointly after consultation
with the Minority Leader of the House and the Minority Leader of the
Senate, shall notify the Members of the House and the Senate,
respectively, to reassemble at such place and time as they may designate
if, in their opinion, the public interest shall warrant it.

Agreed to February 11, 2010.

<> EARLY CANCER DETECTION
AWARENESS MONTH--SUPPORT

Whereas in 2009, 1,479,350 new cases of cancer will be diagnosed in the
United States;

Whereas the most common types of cancer in the United States are
nonmelanoma skin cancer, breast cancer in women, prostate cancer in
men, lung cancer, and colorectal cancers;

Whereas one out of every eight women in the United States will develop
breast cancer in her lifetime;


[[Page 4530]]


Whereas incidence of breast cancer in young women is much lower than in
older women, and young women's breast cancers are generally more
aggressive and result in lower survival rates;

Whereas breast cancer currently takes the life of one woman in the
United States every 13 minutes;

Whereas in 2009, 192,370 women in the United States will be diagnosed
with invasive breast cancer;

Whereas there is currently no known cure for metastatic breast cancer;

Whereas many oncologists and breast cancer researchers believe that a
cure for breast cancer will not be discovered until well into the
future, if such a cure is possible at all;

Whereas prostate cancer is the second leading cause of cancer death
among men, with over 80 percent of all cases occurring in men over
age 65;

Whereas African-American men are diagnosed with the disease at later
stages and die of prostate cancer more often than do white men;

Whereas in 2009, 1,910 men in the United States will be diagnosed with
invasive breast cancer;

Whereas if detected early enough, over three-quarters of those who
develop cancer could be saved;

Whereas greater annual awareness of the critical necessity of the early
detection of breast cancer and other cancers will not only save tens
of thousands of lives but also greatly reduce the financial strain
on government and private health care services by detecting cancer
before it requires very expensive medical treatment and protocols;

Whereas there is a need for enhanced public awareness of cancer
screening; and

Whereas the designation of an Early Detection Month will enhance public
awareness of breast cancer and all other forms of cancer: Now,
therefore, be it

Resolved by the House of Representatives (the Senate concurring),
That the Congress supports the designation of an Early Detection Month
to enhance public awareness of screening for breast cancer and all other
forms of cancer.

Agreed to February 23, 2010.

HOLOCAUST DAYS OF REMEMBRANCE CEREMONY--CAPITOL <> ROTUNDA AUTHORIZATION

Resolved by the House of Representatives (the Senate concurring),

SECTION 1. USE OF ROTUNDA FOR HOLOCAUST DAYS OF REMEMBRANCE CEREMONY.

The rotunda of the Capitol is authorized to be used on April 15,
2010, for a ceremony as part of the commemoration of the

[[Page 4531]]

days of remembrance of victims of the Holocaust. Physical preparations
for the ceremony shall be carried out in accordance with such conditions
as the Architect of the Capitol may prescribe.

Agreed to March 5, 2010.

WOMEN AIRFORCE SERVICE PILOTS, CONGRESSIONAL GOLD MEDAL <> AWARD CEREMONY--EMANCIPATION HALL
AUTHORIZATION

Resolved by the House of Representatives (the Senate concurring),

SECTION 1. USE OF EMANCIPATION HALL FOR PRESENTATION OF CONGRESSIONAL
GOLD MEDAL TO WOMEN AIRFORCE SERVICE PILOTS.

(a) Authorization.--Emancipation Hall in the Capitol Visitor Center
is authorized to be used for a ceremony on March 10, 2010, to present
the Congressional Gold Medal to the Women Airforce Service Pilots.
(b) Preparations.--Physical preparations for the conduct of the
ceremony described in subsection (a) shall be carried out in accordance
with such conditions as may be prescribed by the Architect of the
Capitol.

Agreed to March 5, 2010.

<> BLOODY SUNDAY AND THE VOTING
RIGHTS ACT OF 1965--45TH ANNIVERSARY COMMEMORATION

Whereas brave people in the United States, known and unknown, of
different races, ethnicities, and religions, risked their lives to
stand for political equality and against racial discrimination in a
quest culminating in the passage of the Voting Rights Act of 1965;

Whereas numerous people in the United States paid the ultimate price in
pursuit of that quest, while demanding that the Nation live up to
the guarantees enshrined in the 14th and 15th Amendments to the
United States Constitution;

Whereas the historic struggle for equal voting rights led nonviolent
civil rights marchers to gather on the Edmund Pettus Bridge in
Selma, Alabama, on March 7, 1965, a day that would come to be known
as ``Bloody Sunday'', where their bravery was tested by a brutal
response, which in turn sent a clarion call to the Nation that the
fulfillment of democratic ideals could no longer be denied;

Whereas, March 7, 2010, marks the 45th anniversary of Bloody Sunday, the
day on which some 600 civil rights marchers were demonstrating for
African-American voting rights;


[[Page 4532]]


Whereas Congressman John Lewis and the late Hosea Williams led these
marchers across the Edmund Pettus Bridge in Selma, Alabama, where
they were attacked with billy clubs and tear gas by State and local
lawmen;

Whereas during the march on Bloody Sunday, Congressman Lewis was beaten
unconscious, leaving him with a concussion and countless other
injuries;

Whereas footage of the events on Bloody Sunday was broadcast on national
television that night and burned its way into the Nation's
conscience;

Whereas the courage, discipline, and sacrifice of these marchers caused
the Nation to respond quickly and positively;

Whereas eight days after Bloody Sunday, President Lyndon B. Johnson
called for a comprehensive and effective voting rights bill as a
necessary response by Congress and the President to the interference
and violence, in violation of the 14th and 15th Amendments,
encountered by African-American citizens when attempting to protect
and exercise the right to vote;

Whereas a bipartisan Congress approved the Voting Rights Act of 1965 and
on August 6, 1965, President Lyndon B. Johnson signed this landmark
legislation into law;

Whereas the Voting Rights Act of 1965 stands as a tribute to the heroism
of countless people in the United States and serves as one of the
Nation's most important civil rights victories, enabling political
empowerment and voter enfranchisement for all people in the United
States;

Whereas the Voting Rights Act of 1965 effectuates the permanent
guarantee of the 15th Amendment that ``the right of citizens of the
United States to vote shall not be denied or abridged by the United
States or by any State on account of race, color, or previous
condition of servitude'';

Whereas the Voting Rights Act of 1965 has increased voter registration
among racial, ethnic, and language minorities, as well as enhanced
the ability of those citizens to participate in the political
process and elect representatives of their choice to public office;
and

Whereas the citizens of the United States must not only remember this
historic event, but also commemorate its role in the creation of a
more just society and appreciate the ways in which it has inspired
other movements around the world: Now, therefore, be it

Resolved by the House of Representatives (the Senate concurring),
That Congress--
(1) commemorates the 45th anniversary of Bloody Sunday;
(2) observes and celebrates the 45th anniversary of the
enactment of the Voting Rights Act of 1965;
(3) pledges to advance the legacy of the Voting Rights Act
of 1965 to ensure its continued effectiveness in protecting the
voting rights of all people in the United States; and

[[Page 4533]]

(4) encourages all people in the United States to reflect
upon the sacrifices of the Bloody Sunday marchers and
acknowledge that their sacrifice made possible the passage of
the Voting Rights Act of 1965.

Agreed to March 16, 2010.

<> ADJOURNMENT--HOUSE OF
REPRESENTATIVES AND SENATE

Resolved by the House of Representatives (the Senate concurring),
That when the House adjourns on any legislative day from Wednesday,
March 24, 2010, through Monday, March 29, 2010, on a motion offered
pursuant to this concurrent resolution by its Majority Leader or his
designee, it stand adjourned until 2 p.m. on Tuesday, April 13, 2010, or
until the time of any reassembly pursuant to section 2 of this
concurrent resolution, whichever occurs first; and that when the Senate
recesses or adjourns on any day from Thursday, March 25, 2010, through
Wednesday, March 31, 2010, on a motion offered pursuant to this
concurrent resolution by its Majority Leader or his designee, it stand
recessed or adjourned until noon on Monday, April 12, 2010, or such
other time on that day as may be specified in the motion to recess or
adjourn, or until the time of any reassembly pursuant to section 2 of
this concurrent resolution, whichever occurs first.
Sec. 2.  The Speaker of the House and the Majority Leader of the
Senate, or their respective designees, acting jointly after consultation
with the Minority Leader of the House and the Minority Leader of the
Senate, shall notify the Members of the House and the Senate,
respectively, to reassemble at such place and time as they may designate
if, in their opinion, the public interest shall warrant it.

Agreed to March 25, 2010.

<> KING KAMEHAMEHA, BIRTHDAY
CELEBRATION--EMANCIPATION HALL AUTHORIZATION

Resolved by the House of Representatives (the Senate concurring),

SECTION 1. USE OF EMANCIPATION HALL FOR EVENT TO CELEBRATE BIRTHDAY OF
KING KAMEHAMEHA.

(a) Authorization.--Emancipation Hall in the Capitol Visitor Center
is authorized to be used for an event on June 6, 2010, to celebrate the
birthday of King Kamehameha.
(b) Preparations.--Physical preparations for the conduct of the
ceremony described in subsection (a) shall be carried out in accordance
with such conditions as may be prescribed by the Architect of the
Capitol.

Agreed to April 19, 2010.


[[Page 4534]]

<> DR. HECTOR GARCIA--
RECOGNITION

Whereas Dr. Hector Garcia changed the lives of Americans from all walks
of life;

Whereas Dr. Hector Garcia was born in Mexico on January 17, 1914, and
immigrated to Mercedes, Texas, in 1918;

Whereas Dr. Hector Garcia is an honored alumnus of the School of
Medicine at the University of Texas Medical Branch, Class of 1940;

Whereas Dr. Hector Garcia fought in World War II, specifically in North
Africa and Italy, attained the rank of Major, and was awarded the
Bronze Star with six battle stars;

Whereas once the Army discovered he was a physician, Dr. Hector Garcia
was asked to practice his profession by treating his fellow
soldiers;

Whereas Dr. Hector Garcia moved to Corpus Christi, Texas, after the war,
and opened a medical practice; rarely charged his indigent patients,
and was recognized as a passionate and dedicated physician;

Whereas he first became known in south Texas for his public health
messages on the radio with topics ranging from infant diarrhea to
tuberculosis;

Whereas Dr. Hector Garcia continued his public service and advocacy and
became founder of the American G.I. Forum, a Mexican-American
veterans association, which initiated countless efforts on behalf of
Americans to advance opportunities in health care, veterans
benefits, and civil rights equality;

Whereas his civil rights movement would then grow to also combat
discrimination in housing, jobs, education, and voting rights;

Whereas President Kennedy appointed Dr. Hector Garcia a member of the
American Treaty Delegation for the Mutual Defense Agreement between
the United States and the Federation of the West Indies;

Whereas in 1967, President Lyndon Johnson appointed Dr. Hector Garcia as
alternate ambassador to the United Nations where he gave the first
speech by an American before the United Nations in a language other
than English;

Whereas Dr. Hector Garcia was named member of the Texas Advisory
Committee to the United States Commission on Civil Rights;

Whereas President Reagan presented Dr. Hector Garcia the Nation's
highest civilian award, the Medal of Freedom, in 1984 for
meritorious service to his country, the first Mexican-American to
receive this recognition; and

Whereas Pope John Paul II recognized him with the Pontifical Equestrian
Order of Pope Gregory the Great: Now, therefore, be it

Resolved by the House of Representatives (the Senate concurring),
That Congress--
(1) encourages--

[[Page 4535]]

(A) teachers of primary schools and secondary
schools to launch educational campaigns to inform
students about the lifetime of accomplishments by Dr.
Hector Garcia; and
(B) all people of the United States to educate
themselves about the legacy of Dr. Hector Garcia; and
(2) recognizes the leadership and historical contributions
of Dr. Hector Garcia to the Hispanic community and his
remarkable efforts to combat racial and ethnic discrimination in
the United States of America.

Agreed to April 21, 2010.

<> NATIONAL PEACE OFFICERS'
MEMORIAL SERVICE--CAPITOL GROUNDS AUTHORIZATION

Resolved by the House of Representatives (the Senate concurring),

SECTION 1. USE OF CAPITOL GROUNDS FOR NATIONAL PEACE OFFICERS' MEMORIAL
SERVICE.

(a) In General.--The Grand Lodge of the Fraternal Order of Police
and its auxiliary (in this resolution referred to as the ``sponsor'')
shall be permitted to sponsor a public event, the 29th Annual National
Peace Officers' Memorial Service (in this resolution referred to as the
``event''), on the Capitol Grounds, in order to honor the law
enforcement officers who died in the line of duty during 2009.
(b) Date of Event.--The event shall be held on May 15, 2010, or on
such other date as the Speaker of the House of Representatives and the
Committee on Rules and Administration of the Senate jointly designate.

SEC. 2. TERMS AND CONDITIONS.

(a) In General.--Under conditions to be prescribed by the Architect
of the Capitol and the Capitol Police Board, the event shall be--
(1) free of admission charge and open to the public; and
(2) arranged not to interfere with the needs of Congress.
(b) Expenses and Liabilities.--The sponsor shall assume full
responsibility for all expenses and liabilities incident to all
activities associated with the event.

SEC. 3. EVENT PREPARATIONS.

Subject to the approval of the Architect of the Capitol, the sponsor
is authorized to erect upon the Capitol Grounds such stage, sound
amplification devices, and other related structures and equipment, as
may be required for the event.

SEC. 4. ENFORCEMENT OF RESTRICTIONS.

The Capitol Police Board shall provide for enforcement of the
restrictions contained in section 5104(c) of title 40, United States
Code, concerning sales, advertisements, displays, and solicitations on
the Capitol Grounds, as well as other restrictions applicable to the
Capitol Grounds, in connection with the event.

Agreed to April 29, 2010.


[[Page 4536]]

<> SOAP BOX DERBY RACES--CAPITOL
GROUNDS AUTHORIZATION

Resolved by the House of Representatives (the Senate concurring),

SECTION 1. USE OF CAPITOL GROUNDS FOR SOAP BOX DERBY RACES.

(a) In General.--The Greater Washington Soap Box Derby Association
(in this resolution referred to as the ``sponsor'') shall be permitted
to sponsor a public event, soap box derby races (in this resolution
referred to as the ``event''), on the Capitol Grounds.
(b) Date of Event.--The event shall be held on June 19, 2010, or on
such other date as the Speaker of the House of Representatives and the
Committee on Rules and Administration of the Senate jointly designate.

SEC. 2. TERMS AND CONDITIONS.

(a) In General.--Under conditions to be prescribed by the Architect
of the Capitol and the Capitol Police Board, the event shall be--
(1) free of admission charge and open to the public; and
(2) arranged not to interfere with the needs of Congress.
(b) Expenses and Liabilities.--The sponsor shall assume full
responsibility for all expenses and liabilities incident to all
activities associated with the event.

SEC. 3. EVENT PREPARATIONS.

Subject to the approval of the Architect of the Capitol, the sponsor
is authorized to erect upon the Capitol Grounds such stage, sound
amplification devices, and other related structures and equipment as may
be required for the event.

SEC. 4. ADDITIONAL ARRANGEMENTS.

The Architect of the Capitol and the Capitol Police Board are
authorized to make such additional arrangements as may be required to
carry out the event.

SEC. 5. ENFORCEMENT OF RESTRICTIONS.

The Capitol Police Board shall provide for enforcement of the
restrictions contained in section 5104(c) of title 40, United States
Code, concerning sales, advertisements, displays, and solicitations on
the Capitol Grounds, as well as other restrictions applicable to the
Capitol Grounds, with respect to the event.

Agreed to May 7, 2010.


2010 DISTRICT OF COLUMBIA SPECIAL OLYMPICS LAW ENFORCEMENT <> TORCH RUN--CAPITOL GROUNDS AUTHORIZATION

Resolved by the House of Representatives (the Senate concurring),

[[Page 4537]]

SECTION 1. AUTHORIZATION OF USE OF CAPITOL GROUNDS FOR DC SPECIAL
OLYMPICS LAW ENFORCEMENT TORCH RUN.

On June 4, 2010, or on such other date as the Speaker of the House
of Representatives and the Committee on Rules and Administration of the
Senate may jointly designate, the 25th Annual District of Columbia
Special Olympics Law Enforcement Torch Run (in this resolution referred
to as the ``event'') may be run through the Capitol Grounds as part of
the journey of the Special Olympics torch to the District of Columbia
Special Olympics summer games.

SEC. 2. RESPONSIBILITY OF CAPITOL POLICE BOARD.

The Capitol Police Board shall take such actions as may be necessary
to carry out the event.

SEC. 3. CONDITIONS RELATING TO PHYSICAL PREPARATIONS.

The Architect of the Capitol may prescribe conditions for physical
preparations for the event.

SEC. 4. ENFORCEMENT OF RESTRICTIONS.

The Capitol Police Board shall provide for enforcement of the
restrictions contained in section 5104(c) of title 40, United States
Code, concerning sales, advertisements, displays, and solicitations on
the Capitol Grounds, as well as other restrictions applicable to the
Capitol Grounds, in connection with the event.

Agreed to May 7, 2010.

<> NATURAL RESOURCES CONSERVATION
SERVICE--75TH ANNIVERSARY

Whereas the well-being of the United States is dependent on productive
soils along with abundant and high-quality water and related natural
resources;

Whereas the Natural Resources Conservation Service (in this resolution
referred to as ``NRCS'') was established as the Soil Conservation
Service in the Department of Agriculture in 1935 to assist farmers,
ranchers, and other landowners in protecting soil and water
resources on private lands;

Whereas Hugh Hammond Bennett, the first Chief of the Soil Conservation
Service and the ``father of soil conservation'', led the creation of
the modern soil conservation movement that established soil and
water conservation as a national priority;

Whereas the NRCS, with the assistance of President Franklin D.
Roosevelt, State governments, and local partners, developed a new
mechanism of American conservation service delivery, which brings
together private individuals with Federal, State, and local
governments to achieve common conservation objectives;

Whereas the NRCS provides a vital public service by supplying technical
expertise and financial assistance to cooperating private landowners
for the conservation of soil and water resources;

Whereas the NRCS, as authorized by Congress, has developed and provided
land conservation programs that have resulted in the restoration and
preservation of millions of acres of wetlands, forests, and
grasslands that provide innumerable benefits to the

[[Page 4538]]

general public in the form of recreational opportunities, wildlife
habitat, water quality, and reduced soil erosion;

Whereas the NRCS is the world leader in soil science and soil surveying;

Whereas the NRCS is the national leader in the inventory of natural
resources on private lands, providing national leaders and the
public with the status and trends related to these resources and
helping forecast the availability of critical water supplies;

Whereas the NRCS has helped communities develop and implement thousands
of locally led projects that continue to provide flood control, soil
conservation, water supply, and recreational benefits to all
Americans, while providing business and job creation opportunities
as well;

Whereas since its establishment, the NRCS has developed, tested, and
demonstrated conservation practices, helped develop the science and
art of conservation, and continues to strive toward innovation;

Whereas the NRCS encourages and works with landowners and land users to
adopt conservation practices and technologies in a voluntary manner
to address natural resource concerns;

Whereas NRCS employees serve in offices in every State and territory,
while other employees assist other countries and governments;

Whereas while some NRCS employees work directly with landowners, other
employees serve in support of NRCS field operations, but all work
toward a common goal of improving the condition of all natural
resources found on private lands, knowing when they succeed, all
Americans benefit; and

Whereas the NRCS has been ``helping people, help the land'' for 75
years: Now, therefore, be it

Resolved by the Senate (the House of Representatives concurring),
That Congress--
(1) congratulates the outstanding conservation professionals
of the Natural Resources Conservation Service on the occasion of
the 75th anniversary of the Natural Resources Conservation
Service;
(2) recognizes the vital role conservation plays in the
well-being of the United States;
(3) expresses its continued commitment to the conservation
of natural resources on private lands in both the national
interest and as a national priority; and
(4) recognizes the services that the Natural Resources
Conservation Service provides to the United States by helping
farmers, ranchers, and other landowners to protect soil, water,
and related natural resources.

Agreed to May 11, 2010.


[[Page 4539]]

<> AVIATION CONTRIBUTIONS TO HAITI
EARTHQUAKE RELIEF EFFORTS--RECOGNITION

Whereas on January 12, 2010, the country of Haiti suffered a devastating
earthquake;

Whereas after the earthquake, general aviation pilots rallied to provide
transportation for medical staff and relief personnel;

Whereas more than 4,500 relief flights were made by general aviators in
the first 30 days after the earthquake;

Whereas business aircraft alone conducted more than 700 flights,
transporting 3,500 passengers, and over 1,000,000 pounds of cargo
and supplies;

Whereas relief flights were fully paid for by individual pilots and
aircraft owners;

Whereas smaller general aviation aircraft were able to deliver supplies
and medical personnel to areas outside Port-Au-Prince which larger
aircraft could not serve; and

Whereas the selfless efforts of the general aviation community have
saved countless lives and provided humanitarian assistance in a time
of need: Now, therefore, be it

Resolved by the Senate (the House of Representatives concurring),
That the United States Congress--
(1) recognizes the many contributions of the general
aviation pilots and industry to the Haiti earthquake relief
efforts; and
(2) encourages the continued generosity of general aviation
pilots and operators in the ongoing humanitarian relief efforts
in Haiti.

Agreed to May 12, 2010.

<> CALIFORNIA'S EAST BAY REGIONAL
PARK DISTRICT--75TH ANNIVERSARY

Whereas, November 6, 2009, will mark the 75th anniversary of the
historic passage of a ballot measure to create the East Bay Regional
Park District (referred to in this preamble as the ``District'') in
California's San Francisco Bay Area by a convincing ``yes'' vote of
a 2\1/2\ to 1 margin in 1934 during the height of the Depression;

Whereas with the help of the Civilian Conservation Corps, the Works
Progress Administration, and private contractors, the District began
putting people to work to establish the District's first 3 regional
parks--Tilden, Temescal, and Sibley;

Whereas over the intervening 75 years, the District has grown to be the
largest regional park agency in the United States with nearly
100,000 acres of parklands spread across 65 regional parks and over
1,100 miles of trails in Alameda and Contra Costa Counties;


[[Page 4540]]


Whereas approximately 14,000,000 visitors a year from throughout the San
Francisco Bay Area and beyond take advantage of the vast and diverse
District parklands and trails;

Whereas the vision of the District is to preserve the priceless heritage
of the region's natural and cultural resources, open space, parks,
and trails for the future, and to set aside park areas for enjoyment
and healthful recreation for current and future generations;

Whereas the mission of the District is to acquire, develop, manage, and
maintain a high quality, diverse system of interconnected parklands
that balances public usage and education programs with the
protection and preservation of the East Bay's most spectacular
natural and cultural resources;

Whereas an environmental ethic guides the District in all that it does;

Whereas in 1988, East Bay voters approved the passage of Measure AA, a
$225,000,000 bond to provide 20 years of funding for regional and
local park acquisition and development projects;

Whereas in 2008, under the strategic leadership of its Board of
Directors and General Manager Pat O'Brien, East Bay voters approved
passage of the historic Measure WW, a $500,000,000 renewal of the
original Measure AA bond--the largest regional or local park bond
ever passed in the United States; and

Whereas throughout 2009, the District's 75th Anniversary will be
recognized through special events and programs: Now, therefore, be
it

Resolved by the House of Representatives (the Senate concurring),
That Congress--
(1) recognizes the 75th anniversary of the establishment of
the East Bay Regional Park District; and
(2) honors the board members, general managers, and East Bay
Regional Park District staff who have dutifully fulfilled the
mission of protecting open space and providing outdoor
recreation opportunities for generations of families in the East
Bay.

Agreed to May 25, 2010.

<> ADJOURNMENT--HOUSE OF
REPRESENTATIVES AND SENATE

Resolved by the House of Representatives (the Senate concurring),
That when the House adjourns on any legislative day from Thursday, May
27, 2010, through Tuesday, June 1, 2010, on a motion offered pursuant to
this concurrent resolution by its Majority Leader or his designee, it
stand adjourned until 2 p.m. on Tuesday, June 8, 2010, or until the time
of any reassembly pursuant to section 2 of this concurrent resolution,
whichever occurs first; and that when the Senate recesses or adjourns on
any day from Thursday, May 27, 2010, through Tuesday, June 1, 2010, on a
motion offered pursuant to this concurrent resolution by its Majority
Leader

[[Page 4541]]

or his designee, it stand recessed or adjourned until noon on Monday,
June 7, 2010, or such other time on that day as may be specified in the
motion to recess or adjourn, or until the time of any reassembly
pursuant to section 2 of this concurrent resolution, whichever occurs
first.
Sec. 2.  The Speaker of the House and the Majority Leader of the
Senate, or their respective designees, acting jointly after consultation
with the Minority Leader of the House and the Minority Leader of the
Senate, shall notify the Members of the House and the Senate,
respectively, to reassemble at such place and time as they may designate
if, in their opinion, the public interest shall warrant it.

Agreed to May 27, 2010.

NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED <> PEOPLE--101ST ANNIVERSARY

Whereas the National Association for the Advancement of Colored People
(referred to in this resolution as the ``NAACP''), originally known
as the National Negro Committee, was founded in New York City on
February 12, 1909, the centennial of Abraham Lincoln's birth, by a
multiracial group of activists who met in a national conference to
discuss the civil and political rights of African-Americans;

Whereas the NAACP was founded by a distinguished group of leaders in the
struggle for civil and political liberty, including Ida Wells-
Barnett, W.E.B. DuBois, Henry Moscowitz, Mary White Ovington, Oswald
Garrison Villard, and William English Walling;

Whereas the NAACP is the oldest and largest civil rights organization in
the United States;

Whereas the NAACP National Headquarters is located in Baltimore,
Maryland;

Whereas the mission of the NAACP is to ensure the political,
educational, social, and economic equality of rights of all persons
and to eliminate racial hatred and racial discrimination;

Whereas the NAACP is committed to achieving its goals through
nonviolence;

Whereas the NAACP advances its mission through reliance upon the press,
the petition, the ballot, and the courts, and has been persistent in
the use of legal and moral persuasion, even in the face of overt and
violent racial hostility;

Whereas the NAACP has used political pressure, marches, demonstrations,
and effective lobbying to serve as the voice, as well as the shield,
for minority Americans;

Whereas after years of fighting segregation in public schools, the
NAACP, under the leadership of Special Counsel Thurgood Marshall,
won one of its greatest legal victories in the Supreme Court's
decision in Brown v. Board of Education, 347 U.S. 483 (1954);


[[Page 4542]]


Whereas in 1955, NAACP member Rosa Parks was arrested and fined for
refusing to give up her seat on a segregated bus in Montgomery,
Alabama--an act of courage that would serve as the catalyst for the
largest grassroots civil rights movement in the history of the
United States;

Whereas the NAACP was prominent in lobbying for the passage of the Civil
Rights Acts of 1957, 1960, and 1964, the Voting Rights Act of 1965,
the Fannie Lou Hamer, Rosa Parks, Coretta Scott King, Cesar E.
Chavez, Barbara C. Jordan, William C. Velasquez, and Dr. Hector P.
Garcia Voting Rights Act Reauthorization and Amendments Act of 2006,
and the Fair Housing Act, laws that ensured Government protection
for legal victories achieved;

Whereas in 2005, the NAACP launched the Disaster Relief Fund to help
survivors in Louisiana, Mississippi, Texas, Florida, and Alabama to
rebuild their lives;

Whereas in the 110th Congress, the NAACP was prominent in lobbying for
the passage of H. Res. 826, whose resolved clause expresses that:
(1) the hanging of nooses is a horrible act when used for the
purpose of intimidation and which under certain circumstances can be
criminal; (2) this conduct should be investigated thoroughly by
Federal authorities; and (3) any criminal violations should be
vigorously prosecuted;

Whereas in 2008, the NAACP vigorously supported the passage of the
Emmett Till Unsolved Civil Rights Crime Act of 2007, a law that puts
additional Federal resources into solving the heinous crimes that
occurred in the early days of the civil rights struggle that remain
unsolved and bringing those who perpetrated such crimes to justice;

Whereas the NAACP has helped usher in the new millennium by charting a
bold course, beginning with the appointment of the organization's
youngest President and Chief Executive Officer, Benjamin Todd
Jealous, and by outlining a strategic plan to confront 21st century
challenges in the critical areas of health, education, housing,
criminal justice, and environment; and

Whereas, on July 16, 2009, the NAACP celebrated its centennial
anniversary in New York City, highlighting an extraordinary century
of Bold Dreams, Big Victories with a historic address from the first
African-American president of the United States, Barack Obama: Now,
therefore, be it

Resolved by the House of Representatives (the Senate concurring),
That Congress--
(1) recognizes the 101st anniversary of the historic
founding of the National Association for the Advancement of
Colored People; and
(2) honors and praises the National Association for the
Advancement of Colored People on the occasion of its anniversary
for its work to ensure the political, educational, social, and
economic equality of all persons.

Agreed to June 18, 2010.


[[Page 4543]]

<> FATHER'S DAY--RECOGNITION AND
SUPPORT

Whereas Father's Day was founded in 1910 by Mrs. John B. Dodd after
attending a Mother's Day celebration in 1909 and believing that
fathers should receive the same recognition;

Whereas Mrs. John B. Dodd, Sonora Smart Dodd, founded the day in
celebration of her father, William Smart;

Whereas William Smart, a Civil War veteran, raised six children on his
own after the death of his wife;

Whereas Spokane, Washington, recognized and hosted the first celebration
of Father's Day on June 19, 1910;

Whereas in 1924, President Calvin Coolidge recognized Father's Day and
urged States to follow suit;

Whereas in 1966, President Lyndon B. Johnson signed a proclamation
calling for the third Sunday in June to be recognized as Father's
Day and requested that flags be flown that day on all government
buildings;

Whereas President Richard Nixon signed a proclamation in 1972
permanently observing Father's Day on the third Sunday in June;

Whereas Father's Day is celebrated in over 50 countries around the
world;

Whereas there are an estimated 64.3 million fathers around the Nation
today;

Whereas it is well documented that children involved with loving fathers
are significantly more likely to have healthy self-esteems, exhibit
empathy and prosocial behavior, avoid high risk behaviors, have
reduced antisocial behavior and delinquency in boys, have better
peer relationships, and have higher occupational mobility relative
to parents;

Whereas fathers who live with their children are more likely to have a
close, enduring relationship with their children than those who do
not; and

Whereas the 100th anniversary of Father's Day will be celebrated in
Spokane, Washington, on June 20, 2010: Now, therefore, be it

Resolved by the House of Representatives (the Senate concurring),
That Congress--
(1) recognizes the important role that fathers play in the
lives of their children and families; and
(2) supports the goals and ideals of the Year of the Father.

Agreed to June 29, 2010.

<> ADJOURNMENT--HOUSE OF
REPRESENTATIVES AND SENATE

Resolved by the House of Representatives (the Senate concurring),
That when the House adjourns on any legislative day from Thursday, July
1, 2010, through Saturday, July 3, 2010, on a motion offered pursuant to
this concurrent resolution by its Majority Leader or his designee, it
stand adjourned until 2 p.m. on Tuesday,

[[Page 4544]]

July 13, 2010, or until the time of any reassembly pursuant to section 2
of this concurrent resolution, whichever occurs first; and that when the
Senate recesses or adjourns on any day from Wednesday, June 30, 2010,
through Sunday, July 4, 2010, on a motion offered pursuant to this
concurrent resolution by its Majority Leader or his designee, it stand
recessed or adjourned until noon on Monday, July 12, 2010, or such other
time on that day as may be specified in the motion to recess or adjourn,
or until the time of any reassembly pursuant to section 2 of this
concurrent resolution, whichever occurs first.
Sec. 2.  The Speaker of the House and the Majority Leader of the
Senate, or their respective designees, acting jointly after consultation
with the Minority Leader of the House and the Minority Leader of the
Senate, shall notify the Members of the House and the Senate,
respectively, to reassemble at such place and time as they may designate
if, in their opinion, the public interest shall warrant it.

Agreed to June 30, 2010.

<> ROBERT C. BYRD FUNERAL
SERVICES--CATAFALQUE AUTHORIZATION

Resolved by the Senate (the House of Representatives concurring),
That the Architect of the Capitol is authorized and directed to transfer
the catafalque which is situated in the Exhibition Hall of the Capitol
Visitor Center to the Senate Chamber so that such catafalque may be used
in connection with services to be conducted there for the Honorable
Robert C. Byrd, late a Senator from the State of West Virginia.

Agreed to June 30, 2010.

<> ENROLLMENT CORRECTION--H.R.
3360

Resolved by the House of Representatives (the Senate concurring),
That in the enrollment of the bill (H.R. 3360) to amend title 46, United
States Code, to establish requirements to ensure the security and safety
of passengers and crew on cruise vessels, and for other purposes, the
Clerk of the House of Representatives shall make the following
correction: In section 4(b), strike ``Coast Guard and Maritime
Transportation Act of 2004'' the second place it appears and insert
``Coast Guard and Maritime Transportation Act of 2006''.

Agreed to July 12, 2010.


[[Page 4545]]

<> ENROLLMENT CORRECTIONS--H.R.
725

Resolved by the House of Representatives (the Senate concurring),
That, in the enrollment of the bill H.R. 725, the Clerk of the House of
Representatives shall correct the bill--
(1) by striking section 1 (referring to the short title) and
inserting the following:

``TITLE I--INDIAN ARTS AND CRAFTS AMENDMENTS

``SEC. 101. SHORT TITLE; TABLE OF CONTENTS.

``(a) Short Title.--This title may be cited as the `Indian Arts and
Crafts Amendments Act of 2010'.
``(b) Table of Contents.--The table of contents of this title is as
follows:

``Sec. 101. Short title; table of contents.
``Sec. 102. Indian arts and crafts.
``Sec. 103. Misrepresentation of Indian produced goods and products.'';

(2) by striking ``sec. 2.'' and inserting ``sec. 102.'';
(3) by striking ``sec. 3.'' and inserting ``sec. 103.'';
(4) by striking the following:

``DIVISION B--TRIBAL LAW AND ORDER

``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

``(a) Short Title.--This Act may be cited as the `Tribal Law and
Order Act of 2010'.
``(b) Table of Contents.--The table of contents of this division is
as follows:

``DIVISION B--TRIBAL LAW AND ORDER

``Sec. 1. Short title; table of contents.
``Sec. 2. Findings; purposes.
``Sec. 3. Definitions.
``Sec. 4. Severability.
``Sec. 5. Jurisdiction of the State of Alaska.
``Sec. 6. Effect.

``TITLE I--FEDERAL ACCOUNTABILITY AND COORDINATION

``Sec. 101. Office of Justice Services responsibilities.
``Sec. 102. Disposition reports.
``Sec. 103. Prosecution of crimes in Indian country.
``Sec. 104. Administration.

``TITLE II--STATE ACCOUNTABILITY AND COORDINATION

``Sec. 201. State criminal jurisdiction and resources.
``Sec. 202. State, tribal, and local law enforcement cooperation.

``TITLE III--EMPOWERING TRIBAL LAW ENFORCEMENT AGENCIES AND TRIBAL
GOVERNMENTS

``Sec. 301. Tribal police officers.
``Sec. 302. Drug enforcement in Indian country.
``Sec. 303. Access to national criminal information databases.
``Sec. 304. Tribal court sentencing authority.
``Sec. 305. Indian Law and Order Commission.
``Sec. 306. Exemption for tribal display materials.

``TITLE IV--TRIBAL JUSTICE SYSTEMS

``Sec. 401. Indian alcohol and substance abuse.

[[Page 4546]]

``Sec. 402. Indian tribal justice; technical and legal assistance.
``Sec. 403. Tribal resources grant program.
``Sec. 404. Tribal jails program.
``Sec. 405. Tribal probation office liaison program.
``Sec. 406. Tribal youth program.
``Sec. 407. Improving public safety presence in rural Alaska.

``TITLE V--INDIAN COUNTRY CRIME DATA COLLECTION AND INFORMATION SHARING

``Sec. 501. Tracking of crimes committed in Indian country.
``Sec. 502. Criminal history record improvement program.

``TITLE VI--DOMESTIC VIOLENCE AND SEXUAL ASSAULT PROSECUTION AND
PREVENTION

``Sec. 601. Prisoner release and reentry.
``Sec. 602. Domestic and sexual violence offense training.
``Sec. 603. Testimony by Federal employees.
``Sec. 604. Coordination of Federal agencies.
``Sec. 605. Sexual assault protocol.
``Sec. 606. Study of IHS sexual assault and domestic violence response
capabilities.'';

and inserting:

``TITLE II--TRIBAL LAW AND ORDER

``SEC. 201. SHORT TITLE; TABLE OF CONTENTS.

``(a) Short Title.--This title may be cited as the `Tribal Law and
Order Act of 2010'.
``(b) Table of Contents.--The table of contents of this title is as
follows:

``Sec. 201. Short title; table of contents.
``Sec. 202. Findings; purposes.
``Sec. 203. Definitions.
``Sec. 204. Severability.
``Sec. 205. Jurisdiction of the State of Alaska.
``Sec. 206. Effect.

``Subtitle A--Federal Accountability and Coordination

``Sec. 211. Office of Justice Services responsibilities.
``Sec. 212. Disposition reports.
``Sec. 213. Prosecution of crimes in Indian country.
``Sec. 214. Administration.

``Subtitle B--State Accountability and Coordination

``Sec. 221. State criminal jurisdiction and resources.
``Sec. 222. State, tribal, and local law enforcement cooperation.

``Subtitle C--Empowering Tribal Law Enforcement Agencies and Tribal
Governments

``Sec. 231. Tribal police officers.
``Sec. 232. Drug enforcement in Indian country.
``Sec. 233. Access to national criminal information databases.
``Sec. 234. Tribal court sentencing authority.
``Sec. 235. Indian Law and Order Commission.
``Sec. 236. Exemption for tribal display materials.

``Subtitle D--Tribal Justice Systems

``Sec. 241. Indian alcohol and substance abuse.
``Sec. 242. Indian tribal justice; technical and legal assistance.
``Sec. 243. Tribal resources grant program.
``Sec. 244. Tribal jails program.
``Sec. 245. Tribal probation office liaison program.
``Sec. 246. Tribal youth program.
``Sec. 247. Improving public safety presence in rural Alaska.

``Subtitle E--Indian Country Crime Data Collection and Information
Sharing

``Sec. 251. Tracking of crimes committed in Indian country.

[[Page 4547]]

``Sec. 252. Criminal history record improvement program.

``Subtitle F--Domestic Violence and Sexual Assault Prosecution and
Prevention

``Sec. 261. Prisoner release and reentry.
``Sec. 262. Domestic and sexual violence offense training.
``Sec. 263. Testimony by Federal employees.
``Sec. 264. Coordination of Federal agencies.
``Sec. 265. Sexual assault protocol.
``Sec. 266. Study of IHS sexual assault and domestic violence response
capabilities.''.

(5) by striking ``this division'' and inserting ``this
title'' each place it appears;
(6) by redesignating sections 2 through 6 as sections 202
through 206, respectively;
(7) by striking ``TITLE I--FEDERAL ACCOUNTABILITY AND
COORDINATION'' and inserting ``Subtitle A--Federal
Accountability and Coordination'';
(8) by redesignating sections 101 through 104 as sections
211 through 214, respectively;
(9) in section 214(b) (as redesignated), by striking ``(as
amended by section 103(b))'' and inserting ``(as amended by
section 213(b))'';
(10) by striking ``TITLE II--STATE ACCOUNTABILITY AND
COORDINATION'' and inserting ``Subtitle B--State Accountability
and Coordination'';
(11) by redesignating sections 201 and 202 as sections 221
and 222, respectively;
(12) by striking ``TITLE III--EMPOWERING TRIBAL LAW
ENFORCEMENT AGENCIES AND TRIBAL GOVERNMENTS'' and inserting
``Subtitle C--Empowering Tribal Law Enforcement Agencies and
Tribal Governments'';
(13) by redesignating sections 301 through 306 as sections
231 through 236, respectively;
(14) in section 231(a) (as redesignated), by striking ``(as
amended by section 101(b)(4))'' and inserting ``(as amended by
section 211(b)(4))'';
(15) in section 235 (as redesignated), by striking ``(as
amended by section 104(b))'' and inserting ``(as amended by
section 214(b))'';
(16) by striking ``TITLE IV--TRIBAL JUSTICE SYSTEMS'' and
inserting ``Subtitle D--Tribal Justice Systems'';
(17) by redesignating sections 401 through 407 as sections
241 through 247, respectively;
(18) in section 242(b)(3)(A) (as redesignated), by striking
``(as redesignated by section 104(a)(2)(A))'' and inserting
``(as redesignated by section 214(a)(2)(A))'';
(19) by striking ``TITLE V--INDIAN COUNTRY CRIME DATA
COLLECTION AND INFORMATION SHARING'' and inserting ``Subtitle
E--Indian Country Crime Data Collection and Information
Sharing'';
(20) by redesignating sections 501 and 502 as sections 251
and 252, respectively;
(21) by striking ``TITLE VI--DOMESTIC VIOLENCE AND SEXUAL
ASSAULT PROSECUTION AND PREVENTION'' and inserting ``Subtitle
F--Domestic Violence and Sexual Assault Prosecution and
Prevention'';
(22) by redesignating sections 601 through 606 as sections
261 through 266, respectively;

[[Page 4548]]

(23) in section 262 (as redesignated), by striking ``(as
amended by section 101(a)(2))'' and inserting ``(as amended by
section 211(a)(2))'';
(24) in section 263 (as redesignated), by striking ``(as
amended by section 305)'' and inserting ``(as amended by section
235)''; and
(25) in section 265 (as redesignated), by striking ``(as
amended by section 603)'' and inserting ``(as amended by section
263)''.

Agreed to July 27, 2010.

<> ADJOURNMENT--HOUSE OF
REPRESENTATIVES AND SENATE

Resolved by the House of Representatives (the Senate concurring),
That, in consonance with section 132(a) of the Legislative
Reorganization Act of 1946, when the House adjourns on any legislative
day from Thursday, July 29, 2010, through Tuesday, August 3, 2010, on a
motion offered pursuant to this concurrent resolution by its Majority
Leader or his designee, it stand adjourned until 2 p.m. on Tuesday,
September 14, 2010, or until the time of any reassembly pursuant to
section 2 of this concurrent resolution, whichever occurs first.
Sec. 2. (a) The Speaker or her designee, after consultation with the
Minority Leader of the House, shall notify the Members of the House to
reassemble at such place and time as she may designate if, in her
opinion, the public interest shall warrant it.
(b) After reassembling pursuant to subsection (a), when the House
adjourns on a motion offered pursuant to this subsection by its Majority
Leader or his designee, the House shall again stand adjourned pursuant
to the first section of this concurrent resolution.

Agreed to July 29, 2010.

<> SPIRIT OF '45 DAY--SUPPORT

Whereas on August 14, 1945, the people of the United States received
word of the end of World War II;

Whereas on that day, people in the United States and around the world
greeted the news of the Allies' noble victory with joyous
celebration, humility, and spiritual reflection;

Whereas the victory marked the culmination of an unprecedented national
effort that defeated the forces of aggression, brought freedom to
subjugated nations, and ended the horrors of the Holocaust;

Whereas these historic accomplishments were achieved through the
collective service and personal sacrifice of the people of the
United States, both those who served in uniform and those who
supported them on the home front;


[[Page 4549]]


Whereas more than 400,000 Americans gave their lives in service to their
country during World War II;

Whereas, August 14, 1945, marked not only the end of the war, but also
the beginning of an unprecedented era of rebuilding in which the
United States led the effort to restore the shattered nations of the
Allies and their enemies alike and to create institutions to work
towards a more peaceful global community;

Whereas the men and women of the World War II generation created an
array of organizations and institutions during the postwar era which
helped to strengthen American democracy by promoting civic
engagement, volunteerism, and service to community and country;

Whereas the courage, dedication, self-sacrifice, and compassion of the
World War II generation have inspired subsequent generations in the
United States Armed Forces, including the men and women currently in
service in Iraq, Afghanistan, and around the world;

Whereas the entire World War II generation, military and civilian alike,
has provided a model of unity and community that serves as a source
of inspiration for current and future generations of Americans to
come together to work for the continued betterment of the United
States and the world; and

Whereas the second Sunday in August has been proposed as ``Spirit of '45
Day'' to commemorate the anniversary of the end of World War II on
August 14, 1945: Now, therefore, be it

Resolved by the House of Representatives (the Senate concurring),
That Congress supports the observance of ``Spirit of '45 Day''.

Agreed to August 5, 2010.

<> ADJOURNMENT--HOUSE OF
REPRESENTATIVES AND SENATE

Resolved by the House of Representatives (the Senate concurring),
That, in consonance with section 132(a) of the Legislative
Reorganization Act of 1946, when the Senate recesses or adjourns on any
day from Thursday, August 5, 2010, through Saturday, August 14, 2010, on
a motion offered pursuant to this concurrent resolution by its Majority
Leader or his designee, it stand recessed or adjourned until noon on
Monday, September 13, 2010, or such other time on that day as may be
specified by its Majority Leader or his designee in the motion to recess
or adjourn, or until the time of any reassembly pursuant to section 2 of
this concurrent resolution, whichever occurs first.
Sec. 2. (a) The Majority Leader of the Senate or his designee, after
consultation with the Minority Leader of the Senate, shall notify the
Members of the Senate to reassemble at such place and time as he may
designate if, in his opinion, the public interest shall warrant it.

[[Page 4550]]

(b) After reassembling pursuant to subsection (a), when the Senate
recesses or adjourns on a motion offered pursuant to this subsection by
its Majority Leader or his designee, the Senate shall again stand
recessed or adjourned pursuant to the first section of this concurrent
resolution.

Agreed to August 5, 2010.

<> NATIONAL AEROSPACE WEEK--
SUPPORT AND RECOGNITION

Whereas the missions to the Moon by the National Aeronautics and Space
Administration are recognized around the globe as one of the most
outstanding achievements of humankind;

Whereas the United States is a leader in the International Space
Station, the first permanent human habitation and scientific
laboratory in space;

Whereas the first aircraft flight occurred in the United States, and the
United States operates the largest and safest aviation system in the
world;

Whereas the United States aerospace industry is a powerful, reliable
source of employment, innovation, and export income, directly
employing 831,000 people in the United States and supporting more
than 2,000,000 jobs in related fields;

Whereas space exploration is a source of inspiration that captures the
interest of young people;

Whereas aerospace education is an important component of science,
technology, engineering, and mathematics education and helps to
develop the science and technology workforce in the United States;

Whereas aerospace innovation has led to the development of advanced
meteorological forecasting, which has saved lives around the world;

Whereas aerospace innovation has led to the development of the Global
Positioning System, which has strengthened national security and
increased economic productivity;

Whereas the aerospace industry assists and protects members of the Armed
Forces with military communications, unmanned aerial systems,
situational awareness, and satellite-guided ordnances; and

Whereas the third week in September is an appropriate week to observe
``National Aerospace Week'': Now, therefore, be it

Resolved by the House of Representatives (the Senate concurring),
That the Congress--
(1) supports the goals and ideals of ``National Aerospace
Week''; and
(2) recognizes the contributions of the aerospace industry
to the history, economy, security, and educational system of the
United States.

Agreed to September 13, 2010.


[[Page 4551]]

<> ANNIVERSARY OF SHOOTINGS AT
FORT HOOD, TEXAS--RECOGNITION AND SYMPATHY

Whereas, on November 5, 2009, a gunman entered the Soldier Readiness
Processing Center at Fort Hood, Texas, and opened fire on military
and civilian personnel who were preparing for deployment or who had
recently returned to the United States from overseas;

Whereas 13 people were killed, including 12 soldiers, one of whom was an
expecting mother, and one former soldier;

Whereas 31 people were wounded, and some of the wounded required months
of care and rehabilitation;

Whereas civilian and military law enforcement personnel of the
Department of Defense acted swiftly and courageously to neutralize
the threat;

Whereas Army medics immediately began treating the wounded, greatly
reducing the loss of life;

Whereas nearby Army personnel selflessly evacuated wounded individuals
to safety prior to the threat being eliminated; and

Whereas the Fort Hood regional communities, the State of Texas, military
service organizations and countless Americans united in support of
the Fort Hood victims and their families: Now, therefore, be it

Resolved by the House of Representatives (the Senate concurring),
That Congress--
(1) recognizes the shootings that occurred at Fort Hood,
Texas, on November 5, 2009, as a tragic event in the history of
the Army and the United States;
(2) extends its deepest sympathies to the families and
friends of the victims of the shootings who had already
sacrificed a great deal by righteously answering their country's
call to serve;
(3) honors the civilian law enforcement personnel of the
Department of Defense for effectively implementing their
training to promptly eliminate the threat, thereby limiting
additional loss of life or injury;
(4) commends the Fort Hood command team for its timely
response and situational control; and
(5) expresses gratitude to the Fort Hood communities,
military personnel stationed at Fort Hood, military service
organizations, and the American people for promptly extending
comfort and assistance to the victims of the shootings and their
families.

Agreed to September 29, 2010.

<> ADJOURNMENT--HOUSE OF
REPRESENTATIVES AND SENATE

Resolved by the House of Representatives (the Senate concurring),
That when the House adjourns on any legislative day from Wednesday,
September 29, 2010, through Friday, October 8, 2010,

[[Page 4552]]

on a motion offered pursuant to this concurrent resolution by its
Majority Leader or his designee, it stand adjourned until 2 p.m. on
Monday, November 15, 2010, or until the time of any reassembly pursuant
to section 2 of this concurrent resolution, whichever occurs first; and
that when the Senate recesses or adjourns on any day from Wednesday,
September 29, 2010, through Friday, November 12, 2010, on a motion
offered pursuant to this concurrent resolution by its Majority Leader or
his designee, it stand recessed or adjourned until noon on Monday,
November 15, 2010, or such other time on that day as may be specified in
the motion to recess or adjourn, or until the time of any reassembly
pursuant to section 2 of this concurrent resolution, whichever occurs
first.
Sec. 2.  The Speaker of the House and the Majority Leader of the
Senate, or their respective designees, acting jointly after consultation
with the Minority Leader of the House and the Minority Leader of the
Senate, shall notify the Members of the House and the Senate,
respectively, to reassemble at such place and time as they may designate
if, in their opinion, the public interest shall warrant it.

Agreed to September 29, 2010.

<> ADJOURNMENT--HOUSE OF
REPRESENTATIVES AND SENATE

Resolved by the House of Representatives (the Senate concurring),
That when the House adjourns on the legislative day of Thursday,
November 18, 2010, or Friday, November 19, 2010, on a motion offered
pursuant to this concurrent resolution by its Majority Leader or his
designee, it stand adjourned until 2 p.m. on Monday, November 29, 2010,
or until the time of any reassembly pursuant to section 2 of this
concurrent resolution, whichever occurs first; and that when the Senate
recesses or adjourns on any day from Thursday, November 18, 2010,
through Sunday, November 21, 2010, on a motion offered pursuant to this
concurrent resolution by its Majority Leader or his designee, it stand
recessed or adjourned until noon on Monday, November 29, 2010, or such
other time on that day as may be specified in the motion to recess or
adjourn, or until the time of any reassembly pursuant to section 2 of
this concurrent resolution, whichever occurs first.
Sec. 2.  The Speaker of the House and the Majority Leader of the
Senate, or their respective designees, acting jointly after consultation
with the Minority Leader of the House and the Minority Leader of the
Senate, shall notify the Members of the House and the Senate,
respectively, to reassemble at such place and time as they may designate
if, in their opinion, the public interest shall warrant it.

Agreed to November 18, 2010.


[[Page 4553]]

HOSTING 2022 FIFA WORLD CUP <> COMPETITION--RECOGNITION AND SUPPORT

Whereas soccer is one of the most popular sports in the world and the
FIFA World Cup competition is the single most important event in
that sport;

Whereas the United States successfully hosted in 9 cities throughout the
Nation the 1994 FIFA World Cup competition, which was broadcast to
billions of fans around the world and set an attendance record of
nearly 3,600,000, which remains unbroken today;

Whereas the 1994 FIFA World Cup competition served as a catalyst for the
increased popularity and development of the game throughout the
United States, as well as the introduction of Major League Soccer,
the United States national first division professional soccer
league;

Whereas the United States Soccer Federation has established the USA Bid
Committee to prepare and submit a bid to host the 2022 FIFA World
Cup competition in the United States;

Whereas 18 American cities have been named by the USA Bid Committee as
candidates to serve as hosts to FIFA World Cup matches in 2022, with
each of these cities embodying the diversity and enthusiasm shared
by the entire Nation and guaranteeing each participating team and
its followers a ``home team'' atmosphere;

Whereas the United States offers FIFA a valuable and receptive market
within which to further develop the sport of soccer, which in turn
will have significant impact on and off the field in both the United
States and throughout the world;

Whereas the United States possesses all necessary state-of-the-art
infrastructure in its stadia and potential host cities to ensure
that the competition sets a new standard of quality, comfort,
security and safety for players, officials, spectators, media, and
sponsors alike;

Whereas hosting the FIFA World Cup in the United States promises record-
setting attendance and financial performance, allowing revenues
generated by the competition to be used for the further development
of soccer and FIFA's objectives of positive social and environmental
change;

Whereas hosting the 2022 FIFA World Cup competition in the United States
would serve as a tremendous impetus to national and international
goodwill, as the competition would bring people from many nations,
along with a diverse American public, together under one banner of
peace, friendship, and spirited but fair competition; and

Whereas pursuant to FIFA bidding procedures, the President of the United
States and certain Federal agencies have issued guarantees that upon
authorization or appropriation, would establish the conditions
required to help make the 2022 FIFA World Cup competition the most
successful in history: Now, therefore, be it

Resolved by the House of Representatives (the Senate concurring),
That the Congress--

[[Page 4554]]

(1) recognizes and supports the efforts of the USA Bid
Committee to bring the 2022 FIFA World Cup competition to the
United States;
(2) encourages the President of the United States and
appropriate Federal agencies to support the USA Bid Committee in
its efforts to meet all requirements for the United States to
host the 2022 FIFA World Cup competition; and
(3) stands prepared to give full consideration to a request
by the President to provide support related to the 2022 FIFA
World Cup competition, if the United States is selected to host
this event.

Agreed to November 19, 2010.

PRESIDENT JOHN F. KENNEDY'S INAUGURAL ADDRESS, 50TH
ANNIVERSARY <> CEREMONY--CAPITOL
ROTUNDA AUTHORIZATION

Whereas John Fitzgerald Kennedy was elected to the United States House
of Representatives and served from January 3, 1947, to January 3,
1953, until he was elected by the Commonwealth of Massachusetts to
the Senate where he served from January 3, 1953, to December 22,
1960;

Whereas on November 8, 1960, John Fitzgerald Kennedy was elected as the
35th President of the United States; and

Whereas on January 20, 1961, President Kennedy was sworn in as President
of the United States and delivered his inaugural address at 12:51pm,
a speech that served as a clarion call to service for the Nation:
Now, therefore, be it

Resolved by the Senate (the House of Representatives concurring),

SECTION 1. USE OF THE ROTUNDA OF THE CAPITOL FOR AN EVENT HONORING
PRESIDENT KENNEDY.

The rotunda of the United States Capitol is authorized to be used on
January 20, 2011, for a ceremony in honor of the 50th anniversary of the
inaugural address of President John F. Kennedy. Physical preparations
for the conduct of the ceremony shall be carried out in accordance with
such conditions as may be prescribed by the Architect of the Capitol.

Agreed to December 1, 2010.

<> ANDREA PALLADIO'S BIRTH YEAR--
500TH ANNIVERSARY

Whereas 2008 was the 500th anniversary of the birth year of the Italian
architect Andrea Palladio;

Whereas Andrea Palladio was born Andrea di Pietro in Padua on November
30, 1508;


[[Page 4555]]


Whereas Palladio, born of humble origins, apprenticed as a stonemason in
his early life;

Whereas under the patronage of Count Giangiorgio Trissino (1478-1550),
Palladio studied architecture, engineering, topography, and military
science in his mid-twenties;

Whereas in 1540, Count Trissino renamed him ``Palladio'', a reference to
the wisdom of Pallas Athena, as well as the Italian form of the name
of the Roman writer of the fourth century, Rutilius Taurus
Aemilianus Palladius;

Whereas Palladio's designs for public works, churches, mansions, and
villas rank among the most outstanding architectural achievements of
the Italian Renaissance;

Whereas Palladio's surviving buildings are collectively included in the
UNESCO World Heritage List;

Whereas Palladio's treatise, ``The Four Books of Architecture'', ranks
as the most influential publication on architecture ever produced
and has shaped much of the architectural image of Western
civilization;

Whereas ``The Four Books of Architecture'' has served as a primary
source for classical design for many architects and builders in the
United States from colonial times to the present;

Whereas Thomas Jefferson called Palladio's ``The Four Books of
Architecture'' the ``Bible'' for architectural practice, and
employed Palladio's principles in establishing lasting standards for
public architecture in the United States and in constructing his own
masterpiece, Monticello;

Whereas our Nation's most iconic buildings, including the United States
Capitol Building and the White House, reflect the influence of
Palladio's architecture through the Anglo-Palladian movement, which
flourished in the 18th century;

Whereas Palladio's pioneering reconstruction and restoration drawings of
ancient Roman temples in ``The Four Books of Architecture'' provided
inspiration for many of the great American classical edifices of the
19th and 20th centuries, in the period known as the American
Renaissance;

Whereas the American Renaissance marked the high point of the classical
tradition and enriched the United States from coast to coast with
countless architectural works of timeless dignity and beauty,
including the John A. Wilson Building, the seat of government of the
District of Columbia;

Whereas the American architectural monuments inspired both directly and
indirectly by the writings, illustrations, and designs of Palladio
form a proud and priceless part of our Nation's cultural heritage;
and

Whereas organizations, educational institutions, governmental agencies,
and many other entities have been celebrating this special 500-year
anniversary, including the Italian National Committee for Andrea
Palladio 500, the Centro Internazionale di Studi di Architettura
Andrea Palladio, the Palladium Musicum, Inc., the Istituto Italiano
di Cultura, and the Institute of Classical Architecture and
Classical America, as well as other Italian and Italian American
cultural organizations, such as the Italian Heritage and Culture
Committee of New York, Inc., and the Italian

[[Page 4556]]

Cultural Society of Washington, DC, Inc., with a wide variety of
public programs, publications, symposia, proclamation ceremonies,
and salutes to the genius and legacy of Palladio: Now, therefore, be
it

Resolved by the House of Representatives (the Senate concurring),
That Congress--
(1) recognizes the 500th anniversary of Andrea Palladio's
birth year;
(2) recognizes his tremendous influence on architecture in
the United States; and
(3) expresses its gratitude for the enhancement his life and
career has bestowed upon the Nation's built environment.

Agreed to December 6, 2010.

<> WHITE HOUSE FELLOWS PROGRAM--
45TH ANNIVERSARY

Whereas in 1964, John W. Gardner presented the idea of selecting a
handful of outstanding men and women to travel to Washington, DC, to
participate in a fellowship program that would educate such men and
women about the workings of the highest levels of the Federal
Government and about leadership, as they observed Federal officials
in action and met with these officials and other leaders of society,
thereby strengthening the abilities of such individuals to
contribute to their communities, their professions, and the United
States;

Whereas President Lyndon B. Johnson established the President's
Commission on White House Fellowships, through Executive Order 11183
(as amended), to create a program that would select between 11 and
19 outstanding young citizens of the United States every year and
bring them to Washington, DC, for ``first hand, high-level
experience in the workings of the Federal Government, to establish
an era when the young men and women of America and their government
belonged to each other--belonged to each other in fact and in
spirit'';

Whereas the White House Fellows Program has steadfastly remained a
nonpartisan program that has served 9 Presidents exceptionally well;

Whereas the 672 White House Fellows who have served have established a
legacy of leadership in every aspect of our society, including
appointments as cabinet officers, ambassadors, special envoys,
deputy and assistant secretaries of departments and senior White
House staff, election to the House of Representatives, Senate, and
State and local governments, appointments to the Federal, State, and
local judiciary, appointments as United States Attorneys, leadership
in many of the largest corporations and law firms in the United
States, service as presidents of colleges and universities, deans of
our most distinguished graduate schools, officials in nonprofit
organizations, distinguished scholars and historians, and service as
senior leaders in every branch of the United States Armed Forces;


[[Page 4557]]


Whereas this legacy of leadership is a resource that has been relied
upon by the Nation during major challenges, including organizing
resettlement operations following the Vietnam War, assisting with
the national response to terrorist attacks, managing the aftermath
of natural disasters such as Hurricanes Katrina and Rita, providing
support to earthquake victims in Haiti, performing military service
in Iraq and Afghanistan, and reforming and innovating the national
and international securities and capital markets;

Whereas the 672 White House Fellows have characterized their post-
Fellowship years with a lifetime commitment to public service,
including creating a White House Fellows Community of Mutual Support
for leadership at every level of government and in every element of
our national life; and

Whereas September 1, 2010, marked the 45th anniversary of the first
class of White House Fellows to serve this Nation: Now, therefore,
be it

Resolved by the Senate (the House of Representatives concurring),
That Congress--
(1) recognizes the 45th anniversary of the White House
Fellows program and commends the White House Fellows for their
continuing lifetime commitment to public service;
(2) acknowledges the legacy of leadership provided by White
House Fellows over the years in their local communities, the
Nation, and the world; and
(3) expresses appreciation and support for the continuing
leadership of White House Fellows in all aspects of our national
life in the years ahead.

Agreed to December 15, 2010.

OFFICE OF COMPLIANCE'S VETERANS PREFERENCE REGULATIONS AND <> CORRECTIONS, LEGISLATIVE BRANCH
EMPLOYMENT--APPROVAL

Resolved by the Senate (the House of Representatives concurring),
That the following regulations issued by the Office of Compliance on
March 21, 2008, and stated in section 4, with the technical corrections
described in section 3 and to the extent applied by section 2, are
hereby approved:

SEC. 2. APPLICATION OF REGULATIONS.

(a) In General.--For purposes of applying the issued regulations as
a body of regulations required by section 304(a)(2)(B)(iii) of the
Congressional Accountability Act of 1995 (2 U.S.C. 1384(a)(2)(B)(iii)),
the portions of the issued regulations that are unclassified or
classified with a ``C'' designation shall apply to all covered employees
that are not employees of the House of Representatives or employees of
the Senate, and employing offices that are not offices of the House of
Representatives or the Senate.
(b) Definitions.--In this section, the terms ``employee of the House
of Representatives'', ``employee of the Senate'', ``covered

[[Page 4558]]

employee'', and ``employing office'' have the meanings given the terms
in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C.
1301), except as limited by the regulations (as corrected under section
3).

SEC. 3. TECHNICAL CORRECTIONS.

(a) Current Names of Offices and Heads of Offices.--A reference in
the issued regulations--
(1) to the Capitol Guide Board or the Capitol Guide Service
(which no longer exist) shall be considered to be a reference to
the Office of Congressional Accessibility Services;
(2) to the Capitol Police Board shall be considered to be a
reference to the Capitol Police;
(3) to the Senate Restaurants (which are no longer public
entities) shall be disregarded; and
(4) in sections 1.110(b) and 1.121(c), to the director of an
employing office shall be considered to be a reference to the
head of an employing office.
(b) Cross References to Provisions of Regulations.--A reference in
the issued regulations--
(1) in paragraphs (l) and (m) of section 1.102, to
subparagraphs (3) through (8) of paragraph (g) of that section
shall be considered to be a reference to paragraph (g) of that
section;
(2) in section 1.102(l), to subparagraphs (aa) through (dd)
of section 1.102(g) shall be considered to be a reference to
subparagraphs (aa) through (dd) of that section (as specified in
the regulations classified with an ``H'' classification);
(3) in section 1.102(m), to subparagraphs (aa) through (ee)
of section 1.102(g) shall be considered to be a reference to
subparagraphs (aa) through (ee) of that section (as specified in
the regulations classified with an ``S'' classification);
(4) in section 1.111(d), to section 1.102(o) shall be
considered to be a reference to section 1.102(p); and
(5) in section 1.112, to section 1.102(h) shall be
considered to be a reference to section 1.102(i).
(c) Cross References to Other Provisions of Law.--A reference in the
issued regulations--
(1) to the Veterans Employment Opportunities Act shall be
considered to be a reference to the Veterans Employment
Opportunities Act of 1998;
(2) to 2 U.S.C. 43d(a) shall be considered to be a reference
to section 105(a) of the Second Supplemental Appropriations Act,
1978;
(3) to 2 U.S.C. 1316a(3) shall be considered to be a
reference to section 4(c)(3) of the Veterans Employment
Opportunities Act of 1998;
(4) to 5 U.S.C. 2108(3)(c) shall be considered to be a
reference to section 2108(3)(C) of title 5, United States Code;
(5) to the Americans with Disabilities Act shall be
considered to be a reference to the Americans with Disabilities
Act of 1990;
(6) to the Soil Conservation and Allotment Act shall be
considered to be a reference to the Soil Conservation and
Domestic Allotment Act; and
(7) to the Agricultural Adjustment Act shall be considered
to be a reference to the Agricultural Adjustment Act, reenacted

[[Page 4559]]

with amendments by the Agricultural Marketing Agreement Act of
1937.
(d) Other Corrections.--In the issued regulations--
(1) section 1.109 shall be considered to have an ``and''
after paragraph (a);
(2) the second sentence of section 1.116 shall be
disregarded;
(3) section 1.118(b) shall be considered to have an ``and''
after paragraph (2) rather than paragraph (1);
(4) a reference in sections 1.118(c)(1) and 1.120(b)(1) to
veterans' ``preference eligible'' shall be considered to be a
reference to ``preference eligible'';
(5) sections 1.118(c) and 1.120(b) shall be considered to
have an ``and'' after paragraph (1); and
(6) section 1.121(b)(6)(B) shall be considered to have an
``and'' at the end.

SEC. 4. REGULATIONS.

When approved by the House of Representatives for the House of
Representatives, these regulations will have the prefix ``H.'' When
approved by the Senate for the Senate, these regulations will have the
prefix ``S.'' When approved by Congress for the other employing offices
covered by the CAA, these regulations will have the prefix ``C.''
In this draft, ``H&S Regs'' denotes the provisions that would be
included in the regulations applicable to be made applicable to the
House and Senate, and ``C Reg'' denotes the provisions that would be
included in the regulations to be made applicable to other employing
offices.
PART 1--Extension of Rights and Protections Relating to Veterans'
Preference Under Title 5, United States Code, to Covered Employees of
the Legislative Branch (section 4(c) of the Veterans Employment
Opportunities Act of 1998)

Subpart A--Matters of General Applicability to All Regulations
Promulgated under Section 4 of the VEOA

Sec.
1.101  Purpose and scope.
1.102  Definitions.
1.103  Adoption of regulations.
1.104  Coordination with section 225 of the Congressional Accountability
Act.

SEC. 1.101. PURPOSE AND SCOPE.

(a) Section 4(c) of the VEOA. The Veterans Employment Opportunities
Act (VEOA) applies the rights and protections of sections 2108, 3309
through 3312, and subchapter I of chapter 35 of title 5 U.S.C., to
certain covered employees within the Legislative branch.
(b) Purpose of regulations. The regulations set forth herein are the
substantive regulations that the Board of Directors of the Office of
Compliance has promulgated pursuant to section 4(c)(4) of the VEOA, in
accordance with the rulemaking procedure set forth in section 304 of the
CAA (2 U.S.C. Sec. 1384). The purpose of subparts B, C and D of these
regulations is to define veterans' preference and the administration of
veterans' preference as applicable to Federal employment in the
Legislative branch. (5 U.S.C. Sec. 2108, as applied by the VEOA). The
purpose of subpart E of these regulations is to ensure that the
principles of the veterans' preference laws are integrated into the
existing employment and retention

[[Page 4560]]

policies and processes of those employing offices with employees covered
by the VEOA, and to provide for transparency in the application of
veterans' preference in covered appointment and retention decisions.
Provided, nothing in these regulations shall be construed so as to
require an employing office to reduce any existing veterans' preference
rights and protections that it may afford to preference eligible
individuals.
H Regs:  (c) Scope of Regulations. The definition of ``covered
employee'' in Section 4(c) of the VEOA limits the scope of the statute's
applicability within the Legislative branch. The term ``covered
employee'' excludes any employee: (1) whose appointment is made by the
President with the advice and consent of the Senate; (2) whose
appointment is made by a Member of Congress within an employing office,
as defined by Sec. 101 (9)(A-C) of the CAA, 2 U.S.C. Sec. 1301 (9)(A-C)
or; (3) whose appointment is made by a committee or subcommittee of
either House of Congress or a joint committee of the House of
Representatives and the Senate; or (4) who is appointed to a position,
the duties of which are equivalent to those of a Senior Executive
Service position (within the meaning of section 3132(a)(2) of title 5,
United States Code). Accordingly, these regulations shall not apply to
any employing office that only employs individuals excluded from the
definition of covered employee.
S Regs:  (c) Scope of Regulations. The definition of ``covered
employee'' in Section 4(c) of the VEOA limits the scope of the statute's
applicability within the Legislative branch. The term ``covered
employee'' excludes any employee: (1) whose appointment is made by the
President with the advice and consent of the Senate; (2) whose
appointment is made or directed by a Member of Congress within an
employing office, as defined by Sec. 101(9)(A-C) of the CAA, 2 U.S.C.
Sec. 1301 (9)(A-C) or; (3) whose appointment is made by a committee or
subcommittee of either House of Congress or a joint committee of the
House of Representatives and the Senate; (4) who is appointed pursuant
to 2 U.S.C. Sec. 43d(a); or (5) who is appointed to a position, the
duties of which are equivalent to those of a Senior Executive Service
position (within the meaning of section 3132(a)(2) of title 5, United
States Code). Accordingly, these regulations shall not apply to any
employing office that only employs individuals excluded from the
definition of covered employee.
C Reg:  (c) Scope of Regulations. The definition of ``covered
employee'' in Section 4(c) of the VEOA limits the scope of the statute's
applicability within the Legislative branch. The term ``covered
employee'' excludes any employee: (1) whose appointment is made by the
President with the advice and consent of the Senate; (2) whose
appointment is made by a Member of Congress or by a committee or
subcommittee of either House of Congress or a joint committee of the
House of Representatives and the Senate; or (3) who is appointed to a
position, the duties of which are equivalent to those of a Senior
Executive Service position (within the meaning of section 3132(a)(2) of
title 5, United States Code). Accordingly, these regulations shall not
apply to any employing office that only employs individuals excluded
from the definition of covered employee.

[[Page 4561]]

SEC. 1.102. DEFINITIONS.

Except as otherwise provided in these regulations, as used in these
regulations:
(a) Accredited physician means a doctor of medicine or osteopathy
who is authorized to practice medicine or surgery (as appropriate) by
the State in which the doctor practices. The phrase ``authorized to
practice by the State'' as used in this section means that the provider
must be authorized to diagnose and treat physical or mental health
conditions without supervision by a doctor or other health care
provider.
(b) Act or CAA means the Congressional Accountability Act of 1995,
as amended (Pub. L. 104-1, 109 Stat. 3, 2 U.S.C. Sec. Sec. 1301-1438).
(c) Active duty or active military duty means full-time duty with
military pay and allowances in the armed forces, except (1) for training
or for determining physical fitness and (2) for service in the Reserves
or National Guard.
(d) Appointment means an individual's appointment to employment in a
covered position, but does not include any personnel action that an
employing office takes with regard to an existing employee of the
employing office.
(e) Armed forces means the United States Army, Navy, Air Force,
Marine Corps, and Coast Guard.
(f) Board means the Board of Directors of the Office of Compliance.
H Regs:  (g) Covered employee means any employee of (1) the House of
Representatives; and (2) the Senate; (3) the Capitol Guide Board; (4)
the Capitol Police Board; (5) the Congressional Budget Office; (6) the
Office of the Architect of the Capitol; (7) the Office of the Attending
Physician; and (8) the Office of Compliance, but does not include an
employee (aa) whose appointment is made by the President with the advice
and consent of the Senate; (bb) whose appointment is made by a Member of
Congress; (cc) whose appointment is made by a committee or subcommittee
of either House of Congress or a joint committee of the House of
Representatives and the Senate; or (dd) who is appointed to a position,
the duties of which are equivalent to those of a Senior Executive
Service position (within the meaning of section 3132(a)(2) of title 5,
United States Code). The term covered employee includes an applicant for
employment in a covered position and a former covered employee.
S Regs:  (g) Covered employee means any employees of (1) the House
of Representatives; and (2) the Senate; (3) the Capitol Guide Board; (4)
the Capitol Police Board; (5) the Congressional Budget Office; (6) the
Office of the Architect of the Capitol; (7) the Office of the Attending
Physician; and (8) the Office of Compliance, but does not include an
employee (aa) whose appointment is made by the President with the advice
and consent of the Senate; (bb) whose appointment is made or directed by
a Member of Congress; (cc) whose appointment is made by a committee or
subcommittee of either House of Congress or a joint committee of the
House of Representatives and the Senate; (dd) who is appointed pursuant
to 2 U.S.C. Sec. 43d(a); or (ee) who is appointed to a position, the
duties of which are equivalent to those of a Senior Executive Service
position (within the meaning of section 3132(a)(2) of title 5, United
States Code). The term covered employee includes an applicant for
employment in a covered position and a former covered employee.

[[Page 4562]]

C Reg:  (g) Covered employee means any employee of (1) the Capitol
Guide Service; (2) the Capitol Police; (3) the Congressional Budget
Office; (4) the Office of the Architect of the Capitol; (5) the Office
of the Attending Physician; or (6) the Office of Compliance, but does
not include an employee: (aa) whose appointment is made by the President
with the advice and consent of the Senate; or (bb) whose appointment is
made by a Member of Congress or by a committee or subcommittee of either
House of Congress or a joint committee of the House of Representatives
and the Senate; or (cc) who is appointed to a position, the duties of
which are equivalent to those of a Senior Executive Service position
(within the meaning of section 3132(a)(2) of title 5, United States
Code). The term covered employee includes an applicant for employment in
a covered position and a former covered employee.
(h) Covered position means any position that is or will be held by a
covered employee.
(i) Disabled veteran means a person who was separated under
honorable conditions from active duty in the armed forces performed at
any time and who has established the present existence of a service-
connected disability or is receiving compensation, disability retirement
benefits, or pensions because of a public statute administered by the
Department of Veterans Affairs or a military department.
(j) Employee of the Office of the Architect of the Capitol includes
any employee of the Office of the Architect of the Capitol, the Botanic
Gardens, or the Senate Restaurants.
(k) Employee of the Capitol Police Board includes any member or
officer of the Capitol Police.
(l) Employee of the House of Representatives includes an individual
occupying a position the pay of which is disbursed by the Clerk of the
House of Representatives, or another official designated by the House of
Representatives, or any employment position in an entity that is paid
with funds derived from the clerk-hire allowance of the House of
Representatives but not any such individual employed by any entity
listed in subparagraphs (3) through (8) of paragraph (g) above nor any
individual described in subparagraphs (aa) through (dd) of paragraph (g)
above.
(m) Employee of the Senate includes any employee whose pay is
disbursed by the Secretary of the Senate, but not any such individual
employed by any entity listed in subparagraphs (3) through (8) of
paragraph (g) above nor any individual described in subparagraphs (aa)
through (ee) of paragraph (g) above.
H Regs:  (n) Employing office means: (1) the personal office of a
Member of the House of Representatives; (2) a committee of the House of
Representatives or a joint committee of the House of Representatives and
the Senate; or (3) any other office headed by a person with the final
authority to appoint, hire, discharge, and set the terms, conditions, or
privileges of the employment of an employee of the House of
Representatives or the Senate.
S Regs:  (n) Employing office means: (1) the personal office of a
Senator; (2) a committee of the Senate or a joint committee of the House
of Representatives and the Senate; or (3) any other office headed by a
person with the final authority to appoint, or be directed by a Member
of Congress to appoint, hire, discharge, and set the terms, conditions,
or privileges of the employment of an employee of the House of
Representatives or the Senate.

[[Page 4563]]

C Reg:  (n) Employing office means: the Capitol Guide Board, the
Capitol Police Board, the Congressional Budget Office, the Office of the
Architect of the Capitol, the Office of the Attending Physician, and the
Office of Compliance.
(o) Office means the Office of Compliance.
(p) Preference eligible means veterans, spouses, widows, widowers or
mothers who meet the definition of ``preference eligible'' in 5 U.S.C.
Sec. 2108(3)(A)-(G).
(q) Qualified applicant means an applicant for a covered position
whom an employing office deems to satisfy the requisite minimum job-
related requirements of the position. Where the employing office uses an
entrance examination or evaluation for a covered position that is
numerically scored, the term ``qualified applicant'' shall mean that the
applicant has received a passing score on the examination or evaluation.
(r) Separated under honorable conditions means either an honorable
or a general discharge from the armed forces. The Department of Defense
is responsible for administering and defining military discharges.
(s) Uniformed services means the armed forces, the commissioned
corps of the Public Health Service, and the commissioned corps of the
National Oceanic and Atmospheric Administration.
(t) VEOA means the Veterans Employment Opportunities Act of 1998
(Pub. L. 105-339, 112 Stat. 3182).
(u) Veterans means persons as defined in 5 U.S.C. Sec. 2108(1), or
any superseding legislation.

SEC. 1.103. ADOPTION OF REGULATIONS.

(a) Adoption of regulations. Section 4(c)(4)(A) of the VEOA
generally authorizes the Board to issue regulations to implement section
4(c). In addition, section 4(c)(4)(B) of the VEOA directs the Board to
promulgate regulations that are ``the same as the most relevant
substantive regulations (applicable with respect to the Executive
branch) promulgated to implement the statutory provisions referred to in
paragraph (2)'' of section 4(c) of the VEOA. Those statutory provisions
are section 2108, sections 3309 through 3312, and subchapter I of
chapter 35, of title 5, United States Code. The regulations issued by
the Board herein are on all matters for which section 4(c)(4)(B) of the
VEOA requires a regulation to be issued. Specifically, it is the Board's
considered judgment based on the information available to it at the time
of promulgation of these regulations, that, with the exception of the
regulations adopted and set forth herein, there are no other
``substantive regulations (applicable with respect to the Executive
branch) promulgated to implement the statutory provisions referred to in
paragraph (2)'' of section 4(c) of the VEOA that need be adopted.
(b) Modification of substantive regulations. As a qualification to
the statutory obligation to issue regulations that are ``the same as the
most substantive regulations (applicable with respect to the Executive
branch)'', section 4(c)(4)(B) of the VEOA authorizes the Board to
``determine, for good cause shown and stated together with the
regulation, that a modification of such regulations would be more
effective for the implementation of the rights and protections under''
section 4(c) of the VEOA.
(c) Rationale for Departure from the Most Relevant Executive Branch
Regulations. The Board concludes that it must promulgate regulations
accommodating the human resource systems existing

[[Page 4564]]

in the Legislative branch; and that such regulations must take into
account the fact that the Board does not possess the statutory and
Executive Order based government-wide policy making authority underlying
OPM's counterpart VEOA regulations governing the Executive branch. OPM's
regulations are designed for the competitive service (defined in 5
U.S.C. Sec. 2102(a)(2)), which does not exist in the employing offices
subject to this regulation. Therefore, to follow the OPM regulations
would create detailed and complex rules and procedures for a workforce
that does not exist in the Legislative branch, while providing no VEOA
protections to the covered Legislative branch employees. We have chosen
to propose specially tailored regulations, rather than simply to adopt
those promulgated by OPM, so that we may effectuate Congress' intent in
extending the principles of the veterans' preference laws to the
Legislative branch through the VEOA.

SEC. 1.104. COORDINATION WITH SECTION 225 OF THE CONGRESSIONAL
ACCOUNTABILITY ACT.

Statutory directive. Section 4(c)(4)(C) of the VEOA requires that
promulgated regulations must be consistent with section 225 of the CAA.
Among the relevant provisions of section 225 are subsection (f)(1),
which prescribes as a rule of construction that definitions and
exemptions in the laws made applicable by the CAA shall apply under the
CAA, and subsection (f)(3), which states that the CAA shall not be
considered to authorize enforcement of the CAA by the Executive branch.

Subpart B--Veterans' Preference--General Provisions

Sec.
1.105 Responsibility for administration of veterans' preference.
1.106 Procedures for bringing claims under the VEOA.

SEC. 1.105. RESPONSIBILITY FOR ADMINISTRATION OF VETERANS' PREFERENCE.

Subject to section 1.106, employing offices with covered employees
or covered positions are responsible for making all veterans' preference
determinations, consistent with the VEOA.

SEC. 1.106. PROCEDURES FOR BRINGING CLAIMS UNDER THE VEOA.

Applicants for appointment to a covered position and covered
employees may contest adverse veterans' preference determinations,
including any determination that a preference eligible applicant is not
a qualified applicant, pursuant to sections 401-416 of the CAA, 2 U.S.C.
Sec. Sec. 1401-1416, and provisions of law referred to therein; 206a(3)
of the CAA, 2 U.S.C. Sec. Sec. 1401, 1316a(3); and the Office's
Procedural Rules.

Subpart C--Veterans' Preference in Appointments

Sec.
1.107 Veterans' preference in appointments to restricted covered
positions.
1.108 Veterans' preference in appointments to non-restricted covered
positions.
1.109 Crediting experience in appointments to covered positions.
1.110 Waiver of physical requirements in appointments to covered
positions.

SEC. 1.107. VETERANS' PREFERENCE IN APPOINTMENTS TO RESTRICTED
POSITIONS.

In each appointment action for the positions of custodian, elevator
operator, guard, and messenger (as defined below and collectively
referred to in these regulations as restricted covered positions)
employing offices shall restrict competition to preference eligible

[[Page 4565]]

applicants as long as qualified preference eligible applicants are
available. The provisions of sections 1.109 and 1.110 below shall apply
to the appointment of a preference eligible applicant to a restricted
covered position. The provisions of section 1.108 shall apply to the
appointment of a preference eligible applicant to a restricted covered
position, in the event that there is more than one preference eligible
applicant for the position.
Custodian--One whose primary duty is the performance of cleaning or
other ordinary routine maintenance duties in or about a government
building or a building under Federal control, park, monument, or other
Federal reservation.
Elevator operator--One whose primary duty is the running of freight
or passenger elevators. The work includes opening and closing elevator
gates and doors, working elevator controls, loading and unloading the
elevator, giving information and directions to passengers such as on the
location of offices, and reporting problems in running the elevator.
Guard--One whose primary duty is the assignment to a station, beat,
or patrol area in a Federal building or a building under Federal control
to prevent illegal entry of persons or property; or required to stand
watch at or to patrol a Federal reservation, industrial area, or other
area designated by Federal authority, in order to protect life and
property; make observations for detection of fire, trespass,
unauthorized removal of public property or hazards to Federal personnel
or property. The term guard does not include law enforcement officer
positions of the Capitol Police Board.
Messenger--One whose primary duty is the supervision or performance
of general messenger work (such as running errands, delivering messages,
and answering call bells).

SEC. 1.108. VETERANS' PREFERENCE IN APPOINTMENTS TO NON-RESTRICTED
COVERED POSITIONS.

(a) Where an employing office has duly adopted a policy requiring
the numerical scoring or rating of applicants for covered positions, the
employing office shall add points to the earned ratings of those
preference eligible applicants who receive passing scores in an entrance
examination, in a manner that is proportionately comparable to the
points prescribed in 5 U.S.C. Sec. 3309. For example, five preference
points shall be granted to preference eligible applicants in a 100-point
system, one point shall be granted in a 20-point system, and so on.
(b) In all other situations involving appointment to a covered
position, employing offices shall consider veterans' preference
eligibility as an affirmative factor in the employing office's
determination of who will be appointed from among qualified applicants.

SEC. 1.109. CREDITING EXPERIENCE IN APPOINTMENTS TO COVERED POSITIONS.

When considering applicants for covered positions in which
experience is an element of qualification, employing offices shall
provide preference eligible applicants with credit:
(a) for time spent in the military service (1) as an extension of
time spent in the position in which the applicant was employed
immediately before his/her entrance into the military service, or (2) on
the basis of actual duties performed in the military service, or (3) as
a combination of both methods. Employing offices shall credit time spent
in the military service according to the method that will be of most
benefit to the preference eligible applicant.

[[Page 4566]]

(b) for all experience material to the position for which the
applicant is being considered, including experience gained in religious,
civic, welfare, service, and organizational activities, regardless of
whether he/she received pay therefor.

SEC. 1.110. WAIVER OF PHYSICAL REQUIREMENTS IN APPOINTMENTS TO COVERED
POSITIONS.

(a) Subject to (c) below, in determining qualifications of a
preference eligible for appointment, an employing office shall waive:
(1) with respect to a preference eligible applicant,
requirements as to age, height, and weight, unless the
requirement is essential to the performance of the duties of the
position; and
(2) with respect to a preference eligible applicant to whom
it has made a conditional offer of employment, physical
requirements if, in the opinion of the employing office, on the
basis of evidence before it, including any recommendation of an
accredited physician submitted by the preference eligible
applicant, the preference eligible applicant is physically able
to perform efficiently the duties of the position;
(b) Subject to (c) below, if an employing office determines, on the
basis of evidence before it, including any recommendation of an
accredited physician submitted by the preference eligible applicant,
that an applicant to whom it has made a conditional offer of employment
is preference eligible as a disabled veteran as described in 5 U.S.C.
Sec. 2108(3)(c) and who has a compensable service-connected disability
of 30 percent or more is not able to fulfill the physical requirements
of the covered position, the employing office shall notify the
preference eligible applicant of the reasons for the determination and
of the right to respond and to submit additional information to the
employing office, within 15 days of the date of the notification. The
director of the employing office may, by providing written notice to the
preference eligible applicant, shorten the period for submitting a
response with respect to an appointment to a particular covered
position, if necessary because of a need to fill the covered position
immediately. Should the preference eligible applicant make a timely
response, the highest ranking individual or group of individuals with
authority to make employment decisions on behalf of the employing office
shall render a final determination of the physical ability of the
preference eligible applicant to perform the duties of the position,
taking into account the response and any additional information provided
by the preference eligible applicant. When the employing office has
completed its review of the proposed disqualification on the basis of
physical disability, it shall send its findings to the preference
eligible applicant.
(c) Nothing in this section shall relieve an employing office of any
obligations it may have pursuant to the Americans with Disabilities Act
(42 U.S.C. Sec. 12101 et seq.) as applied by section 102(a)(3) of the
Act, 2 U.S.C. Sec. 1302(a)(3).

Subpart D--Veterans' preference in reductions in force

Sec.
1.111. Definitions applicable in reductions in force.
1.112. Application of preference in reductions in force.
1.113. Crediting experience in reductions in force.
1.114. Waiver of physical requirements in reductions in force.
1.115. Transfer of functions.

[[Page 4567]]

SEC. 1.111. DEFINITIONS APPLICABLE IN REDUCTIONS IN FORCE.

(a) Competing covered employees are the covered employees within a
particular position or job classification, at or within a particular
competitive area, as those terms are defined below.
(b) Competitive area is that portion of the employing office's
organizational structure, as determined by the employing office, in
which covered employees compete for retention. A competitive area must
be defined solely in terms of the employing office's organizational
unit(s) and geographical location, and it must include all employees
within the competitive area so defined. A competitive area may consist
of all or part of an employing office. The minimum competitive area is a
department or subdivision of the employing office within the local
commuting area.
(c) Position classifications or job classifications are determined
by the employing office, and shall refer to all covered positions within
a competitive area that are in the same grade, occupational level or
classification, and which are similar enough in duties, qualification
requirements, pay schedules, tenure (type of appointment) and working
conditions so that an employing office may reassign the incumbent of one
position to any of the other positions in the position classification
without undue interruption.
(d) Preference Eligibles. For the purpose of applying veterans'
preference in reductions in force, except with respect to the
application of section 1.114 of these regulations regarding the waiver
of physical requirements, the following shall apply:
(1) ``active service'' has the meaning given it by section
101 of title 37;
(2) ``a retired member of a uniformed service'' means a
member or former member of a uniformed service who is entitled,
under statute, to retired, retirement, or retainer pay on
account of his/her service as such a member; and
(3) a preference eligible covered employee who is a retired
member of a uniformed service is considered a preference
eligible only if
(A) his/her retirement was based on disability--
(i) resulting from injury or disease received
in line of duty as a direct result of armed
conflict; or
(ii) caused by an instrumentality of war and
incurred in the line of duty during a period of
war as defined by sections 101 and 1101 of title
38;
(B) his/her service does not include twenty or more
years of full-time active service, regardless of when
performed but not including periods of active duty for
training; or
(C) on November 30, 1964, he/she was employed in a
position to which this subchapter applies and thereafter
he/she continued to be so employed without a break in
service of more than 30 days.
The definition of ``preference eligible'' as set forth in 5 U.S.C
Sec. 2108 and section 1.102(o) of these regulations shall apply to
waivers of physical requirements in determining an employee's
qualifications for retention under section 1.114 of these regulations.
H&S Regs:  (e) Reduction in force is any termination of a covered
employee's employment or the reduction in pay and/or position grade of a
covered employee for more than 30 days and that may be required for
budgetary or workload reasons, changes resulting from reorganization, or
the need to make room for an employee

[[Page 4568]]

with reemployment or restoration rights. The term ``reduction in force''
does not encompass a termination or other personnel action: (1)
predicated upon performance, conduct or other grounds attributable to an
employee, or (2) involving an employee who is employed by the employing
office on a temporary basis, or (3) attributable to a change in party
leadership or majority party status within the House of Congress where
the employee is employed.
C Reg:  (e) Reduction in force is any termination of a covered
employee's employment or the reduction in pay and/or position grade of a
covered employee for more than 30 days and that may be required for
budgetary or workload reasons, changes resulting from reorganization, or
the need to make room for an employee with reemployment or restoration
rights. The term ``reduction in force'' does not encompass a termination
or other personnel action: (1) predicated upon performance, conduct or
other grounds attributable to an employee, or (2) involving an employee
who is employed by the employing office on a temporary basis.
(f) Undue interruption is a degree of interruption that would
prevent the completion of required work by a covered employee 90 days
after the employee has been placed in a different position under this
part. The 90-day standard should be considered within the allowable
limits of time and quality, taking into account the pressures of
priorities, deadlines, and other demands. However, work generally would
not be considered to be unduly interrupted if a covered employee needs
more than 90 days after the reduction in force to perform the optimum
quality or quantity of work. The 90-day standard may be extended if
placement is made under this part to a program accorded low priority by
the employing office, or to a vacant position.

SEC. 1.112. APPLICATION OF PREFERENCE IN REDUCTIONS IN FORCE.

Prior to carrying out a reduction in force that will affect covered
employees, employing offices shall determine which, if any, covered
employees within a particular group of competing covered employees are
entitled to veterans' preference eligibility status in accordance with
these regulations. In determining which covered employees will be
retained, employing offices will treat veterans' preference as the
controlling factor in retention decisions among such competing covered
employees, regardless of length of service or performance, provided that
the preference eligible employee's performance has not been determined
to be unacceptable. Provided, a preference eligible employee who is a
``disabled veteran'' under section 1.102(h) above who has a compensable
service-connected disability of 30 percent or more and whose performance
has not been determined to be unacceptable by an employing office is
entitled to be retained in preference to other preference eligible
employees. Provided, this section does not relieve an employing office
of any greater obligation it may be subject to pursuant to the Worker
Adjustment and Retraining Notification Act (29 U.S.C. Sec. 2101 et seq.)
as applied by section 102(a)(9) of the CAA, 2 U.S.C. Sec. 1302(a)(9).

SEC. 1.113. CREDITING EXPERIENCE IN REDUCTIONS IN FORCE.

In computing length of service in connection with a reduction in
force, the employing office shall provide credit to preference eligible
covered employees as follows:
(a) a preference eligible covered employee who is not a retired
member of a uniformed service is entitled to credit for the total length
of time in active service in the armed forces;

[[Page 4569]]

(b) a preference eligible covered employee who is a retired member
of a uniformed service is entitled to credit for:
(1) the length of time in active service in the armed forces
during a war, or in a campaign or expedition for which a
campaign badge has been authorized; or
(2) the total length of time in active service in the armed
forces if he is included under 5 U.S.C. Sec. 3501(a)(3)(A), (B),
or (C); and
(c) a preference eligible covered employee is entitled to credit
for:
(1) service rendered as an employee of a county committee
established pursuant to section 8(b) of the Soil Conservation
and Allotment Act or of a committee or association of producers
described in section 10(b) of the Agricultural Adjustment Act;
and
(2) service rendered as an employee described in 5 U.S.C.
Sec. 2105(c) if such employee moves or has moved, on or after
January 1, 1966, without a break in service of more than 3 days,
from a position in a nonappropriated fund instrumentality of the
Department of Defense or the Coast Guard to a position in the
Department of Defense or the Coast Guard, respectively, that is
not described in 5 U.S.C. Sec. 2105(c).

SEC. 1.114. WAIVER OF PHYSICAL REQUIREMENTS IN REDUCTIONS IN FORCE.

(a) If an employing office determines, on the basis of evidence
before it, that a covered employee is preference eligible, the employing
office shall waive, in determining the covered employee's retention
status in a reduction in force:
(1) requirements as to age, height, and weight, unless the
requirement is essential to the performance of the duties of the
position; and
(2) physical requirements if, in the opinion of the
employing office, on the basis of evidence before it, including
any recommendation of an accredited physician submitted by the
employee, the preference eligible covered employee is physically
able to perform efficiently the duties of the position.
(b) If an employing office determines that a covered employee who is
a preference eligible as a disabled veteran as described in 5 U.S.C.
Sec. 2108(3)(c) and has a compensable service-connected disability of 30
percent or more is not able to fulfill the physical requirements of the
covered position, the employing office shall notify the preference
eligible covered employee of the reasons for the determination and of
the right to respond and to submit additional information to the
employing office within 15 days of the date of the notification. Should
the preference eligible covered employee make a timely response, the
highest ranking individual or group of individuals with authority to
make employment decisions on behalf of the employing office, shall
render a final determination of the physical ability of the preference
eligible covered employee to perform the duties of the covered position,
taking into account the evidence before it, including the response and
any additional information provided by the preference eligible. When the
employing office has completed its review of the proposed
disqualification on the basis of physical disability, it shall send its
findings to the preference eligible covered employee.

[[Page 4570]]

(c) Nothing in this section shall relieve an employing office of any
obligation it may have pursuant to the Americans with Disabilities Act
(42 U.S.C. Sec. 12101 et seq.) as applied by section 102(a)(3) of the
CAA, 2 U.S.C. Sec. 1302(a)(3).

SEC. 1.115. TRANSFER OF FUNCTIONS.

(a) When a function is transferred from one employing office to
another employing office, each covered employee in the affected position
classifications or job classifications in the function that is to be
transferred shall be transferred to the receiving employing office for
employment in a covered position for which he/she is qualified before
the receiving employing office may make an appointment from another
source to that position.
(b) When one employing office is replaced by another employing
office, each covered employee in the affected position classifications
or job classifications in the employing office to be replaced shall be
transferred to the replacing employing office for employment in a
covered position for which he/she is qualified before the replacing
employing office may make an appointment from another source to that
position.

Subpart E--Adoption of Veterans' preference policies, recordkeeping &
informational requirements.

Sec.
1.116. Adoption of veterans' preference policy.
1.117. Preservation of records made or kept.
1.118. Dissemination of veterans' preference policies to applicants for
covered positions.
1.119. Information regarding veterans' preference determinations in
appointments.
1.120. Dissemination of veterans' preference policies to covered
employees.
1.121. Written notice prior to a reduction in force.

SEC. 1.116. ADOPTION OF VETERANS' PREFERENCE POLICY.

No later than 120 calendar days following Congressional approval of
this regulation, each employing office that employs one or more covered
employees or that seeks applicants for a covered position shall adopt
its written policy specifying how it has integrated the veterans'
preference requirements of the Veterans Employment Opportunities Act of
1998 and these regulations into its employment and retention processes.
Upon timely request and the demonstration of good cause, the Executive
Director, in his/her discretion, may grant such an employing office
additional time for preparing its policy. Each such employing office
will make its policies available to applicants for appointment to a
covered position and to covered employees in accordance with these
regulations. The act of adopting a veterans' preference policy shall not
relieve any employing office of any other responsibility or requirement
of the Veterans Employment Opportunity Act of 1998 or these regulations.
An employing office may amend or replace its veterans' preference
policies as it deems necessary or appropriate, so long as the resulting
policies are consistent with the VEOA and these regulations.

SEC. 1.117. PRESERVATION OF RECORDS MADE OR KEPT.

An employing office that employs one or more covered employees or
that seeks applicants for a covered position shall maintain any records
relating to the application of its veterans' preference policy to
applicants for covered positions and to workforce adjustment decisions
affecting covered employees for a period of at least one year from the
date of the making of the record or the date of the personnel action
involved or, if later, one year from the date

[[Page 4571]]

on which the applicant or covered employee is notified of the personnel
action. Where a claim has been brought under section 401 of the CAA
against an employing office under the VEOA, the respondent employing
office shall preserve all personnel records relevant to the claim until
final disposition of the claim. The term ``personnel records relevant to
the claim'', for example, would include records relating to the
veterans' preference determination regarding the person bringing the
claim and records relating to any veterans' preference determinations
regarding other applicants for the covered position the person sought,
or records relating to the veterans' preference determinations regarding
other covered employees in the person's position or job classification.
The date of final disposition of the charge or the action means the
latest of the date of expiration of the statutory period within which
the aggrieved person may file a complaint with the Office or in a U.S.
District Court or, where an action is brought against an employing
office by the aggrieved person, the date on which such litigation is
terminated.

SEC. 1.118. DISSEMINATION OF VETERANS' PREFERENCE POLICIES TO APPLICANTS
FOR COVERED POSITIONS.

(a) An employing office shall state in any announcements and
advertisements it makes concerning vacancies in covered positions that
the staffing action is governed by the VEOA.
(b) An employing office shall invite applicants for a covered
position to identify themselves as veterans' preference eligible
applicants, provided that in doing so:
(1) the employing office shall state clearly on any written
application or questionnaire used for this purpose or make clear
orally, if a written application or questionnaire is not used,
that the requested information is intended for use solely in
connection with the employing office's obligations and efforts
to provide veterans' preference to preference eligible
applicants in accordance with the VEOA; and
(2) the employing office shall state clearly that disabled
veteran status is requested on a voluntary basis, that it will
be kept confidential in accordance with the Americans with
Disabilities Act (42 U.S.C. Sec. 12101 et seq.) as applied by
section 102(a)(3) of the CAA, 2 U.S.C. Sec. 1302(a)(3), that
refusal to provide it will not subject the individual to any
adverse treatment except the possibility of an adverse
determination regarding the individual's status as a preference
eligible applicant as a disabled veteran under the VEOA, and
that any information obtained in accordance with this section
concerning the medical condition or history of an individual
will be collected, maintained and used only in accordance with
the Americans with Disabilities Act (42 U.S.C. Sec. 12101 et
seq.) as applied by section 102(a)(3) of the CAA, 2 U.S.C.
Sec. 1302(a)(3).
(3) the employing office shall state clearly that applicants
may request information about the employing office's veterans'
preference policies as they relate to appointments to covered
positions, and shall describe the employing office's procedures
for making such requests.
(c) Upon written request by an applicant for a covered position, an
employing office shall provide the following information in writing:

[[Page 4572]]

(1) the VEOA definition of veterans' ``preference eligible''
as set forth in 5 U.S.C. Sec. 2108 or any superseding
legislation, providing the actual, current definition in a
manner designed to be understood by applicants, along with the
statutory citation;
(2) the employing office's veterans' preference policy or a
summary description of the employing office's veterans'
preference policy as it relates to appointments to covered
positions, including any procedures the employing office shall
use to identify preference eligible employees;
(3) the employing office may provide other information to
applicants regarding its veterans' preference policies and
practices, but is not required to do so by these regulations.
(d) Employing offices are also expected to answer questions from
applicants for covered positions that are relevant and non-confidential
concerning the employing office's veterans' preference policies and
practices.

SEC. 1.119. INFORMATION REGARDING VETERANS' PREFERENCE DETERMINATIONS IN
APPOINTMENTS.

Upon written request by an applicant for a covered position, the
employing office shall promptly provide a written explanation of the
manner in which veterans' preference was applied in the employing
office's appointment decision regarding that applicant. Such explanation
shall include at a minimum:
(a) the employing office's veterans' preference policy or a summary
description of the employing office's veterans' preference policy as it
relates to appointments to covered positions; and
(b) a statement as to whether the applicant is preference eligible
and, if not, a brief statement of the reasons for the employing office's
determination that the applicant is not preference eligible.

SEC. 1.120. DISSEMINATION OF VETERANS' PREFERENCE POLICIES TO COVERED
EMPLOYEES.

(a) If an employing office that employs one or more covered
employees provides any written guidance to such employees concerning
employee rights generally or reductions in force more specifically, such
as in a written employee policy, manual or handbook, such guidance must
include information concerning veterans' preference under the VEOA, as
set forth in subsection (b) of this regulation.
(b) Written guidances described in subsection (a) above shall
include, at a minimum:
(1) the VEOA definition of veterans' ``preference eligible''
as set forth in 5 U.S.C. Sec. 2108 or any superseding
legislation, providing the actual, current definition along with
the statutory citation;
(2) the employing office's veterans' preference policy or a
summary description of the employing office's veterans'
preference policy as it relates to reductions in force,
including the procedures the employing office shall take to
identify preference eligible employees.
(3) the employing office may provide other information in
its guidances regarding its veterans' preference policies and
practices, but is not required to do so by these regulations.
(c) Employing offices are also expected to answer questions from
covered employees that are relevant and non-confidential concerning the
employing office's veterans' preference policies and practices.

[[Page 4573]]

SEC. 1.121. WRITTEN NOTICE PRIOR TO A REDUCTION IN FORCE.

(a) Except as provided under subsection (c), a covered employee may
not be released due to a reduction in force, unless the covered employee
and the covered employee's exclusive representative for collective-
bargaining purposes (if any) are given written notice, in conformance
with the requirements of paragraph (b), at least 60 days before the
covered employee is so released.
(b) Any notice under paragraph (a) shall include--
(1) the personnel action to be taken with respect to the
covered employee involved;
(2) the effective date of the action;
(3) a description of the procedures applicable in
identifying employees for release;
(4) the covered employee's competitive area;
(5) the covered employee's eligibility for veterans'
preference in retention and how that preference eligibility was
determined;
(6) the retention status and preference eligibility of the
other employees in the affected position classifications or job
classifications within the covered employee's competitive area,
by providing:
(A) a list of all covered employee(s) in the covered
employee's position classification or job classification
and competitive area who will be retained by the
employing office, identifying those employees by job
title only and stating whether each such employee is
preference eligible, and
(B) a list of all covered employee(s) in the covered
employee's position classification or job classification
and competitive area who will not be retained by the
employing office, identifying those employees by job
title only and stating whether each such employee is
preference eligible.
(7) a description of any appeal or other rights which may be
available.
(c) The director of the employing office may, in writing, shorten
the period of advance notice required under subsection (a), with respect
to a particular reduction in force, if necessary because of
circumstances not reasonably foreseeable.
(d) No notice period may be shortened to less than 30 days under
this subsection.

Agreed to December 15, 2010.

<> RICHARD HOLBROOKE--HONORING

Whereas Ambassador Richard Holbrooke devoted nearly 50 years of his life
to public service, working tirelessly to defend United States
interests abroad and foster peace amongst warring factions for the
betterment of United States and international stability and
security;

Whereas Ambassador Holbrooke was a proud New York native who attended
Scarsdale High School before continuing his education at Brown
University in 1962, where he was editor of the Brown Daily Herald;


[[Page 4574]]


Whereas one month after graduating from university, Ambassador
Holbrooke, inspired by President Kennedy's call to service, entered
the Foreign Service, where he spent the next 6 years focused on
Vietnam, including serving with the United States Agency for
International Development (USAID) in the Mekong Delta, as an
assistant to Ambassadors Henry Cabot Lodge and Maxwell Taylor, as an
author of one volume of the Pentagon Papers, and a member of the
team led by Averell Harriman and future Secretary of State Cyrus
Vance at the Paris Peace talks in 1968;

Whereas from 1970 to 1972 Ambassador Holbrooke served as the Peace Corps
Director in Morocco;

Whereas Ambassador Holbrooke was the only person to have served as
Assistant Secretary of State for two regions of the world, having
served as Assistant Secretary of State for East Asian and Pacific
Affairs from 1977 to 1981, during which he was a tireless advocate
for the expanded admission of tens of thousands of Indochinese
refugees to the United States, and as Assistant Secretary of State
for European and Canadian Affairs from 1994 to 1996;

Whereas Ambassador Holbrooke brokered the 1995 Dayton Accords which
ended over 3 years of bloody sectarian war that took the lives of
more than 100,000 Bosnians;

Whereas Ambassador Holbrooke marshaled many diplomatic and military
tools and deftly negotiated concessions from all warring factions
that created the conditions for peace;

Whereas Ambassador Holbrooke's relentless pursuit of a negotiated
solution to ethnic and religious conflict in Bosnia saved tens of
thousands of innocent lives;

Whereas Ambassador Holbrooke served as United States Ambassador to
Germany from 1993 to 1994, where he helped to found the American
Academy of Berlin, a center for United States-German cultural
exchange;

Whereas from 1999 to 2001, Ambassador Holbrooke served as the United
States Permanent Representative to the United Nations where he was a
critical partner in the implementation of Congressionally-led
efforts to lower the dues the United States paid to the United
Nations, to implement certain reforms to the United Nations
financial system, to settle substantial and longstanding United
States arrears to the United Nations, to improve management within
the United Nations, to include Israel in the United Nations' Western
European and Others Group, to end Israel's longtime exclusion from
regional deliberations, to render more effective the United Nations'
efforts to address conflicts and save lives in Africa and East
Timor, and to raise the profile of public health as a matter of
global security, including through debate and passage of United
Nations Security Council Resolution 1308 on HIV/AIDS;

Whereas Ambassador Holbrooke continued to marshal international
attention and resources to combat the HIV/AIDS crisis by catalyzing
the private sector response to the global AIDS pandemic through the
Global Business Coalition on HIV/AIDS, Tuberculosis and Malaria,
which mobilized corporations to address HIV/AIDS, garnered CEOs to
be an advocacy force in the fight, and served

[[Page 4575]]

as the private sector focal point for the Global Fund on HIV/AIDS,
Tuberculosis and Malaria;

Whereas Ambassador Holbrooke served as a steadfast emissary of the
United States as the Special Representative for Afghanistan and
Pakistan, tirelessly advocating for United States interests and
peace in the region, mobilizing unprecedented international support,
facilitating economic, transit, trade, and security cooperation
between Afghanistan and Pakistan, and working to enhance stability,
to build prosperity, and to counter extremism and terrorism in the
region;

Whereas Ambassador Holbrooke forged a new civilian-led, multi-agency
approach seeking to bring stability and development to the lives of
millions striving for a better future;

Whereas Ambassador Holbrooke was one of the most talented diplomats for
the United States and possessed a fierce determination and
intelligence in advocating for United States security interests
around the world, including in Southeast Asia and post-Cold War
Europe, at the United Nations, and most recently in Afghanistan and
Pakistan;

Whereas Ambassador Holbrooke was a prolific writer and communicator,
serving as the Managing Editor of Foreign Policy, authoring works
such as ``To End A War'', ``Counsel to the President'', one volume
of the Pentagon Papers, and a monthly column in The Washington Post,
and sharing the art of mediation with countless audiences;

Whereas Ambassador Holbrooke lent his expertise toward the improvement
of management and organization for a host of nongovernmental
organizations, serving as a board member of Refugees International,
the Council on Foreign Relations, the National Endowment for
Democracy, the American Museum of Natural History, and the Citizens
Committee for New York City, as Chairman of the Asia Society, as
Founding Chairman of the American Academy in Berlin, and as a
Woodrow Wilson Scholar;

Whereas Ambassador Holbrooke motivated many Americans to enter public
service and served as an inspirational leader and public servant,
mentoring countless United States Department of State officers and
future ambassadors;

Whereas from Southeast Asia to post-Cold War Europe and around the
globe, people have a better chance of a peaceful future because of
Ambassador Holbrooke's lifetime of service;

Whereas Ambassador Holbrooke was renowned internationally for his
energy, persistence, sharp intellect, and skills of persuasion; and

Whereas Ambassador Holbrooke leaves behind his beloved wife Kati, sons
David and Anthony, step-children Elizabeth and Chris, daughter-in-
law Sarah, four grandchildren, and countless friends and colleagues:
Now, therefore, be it

Resolved by the House of Representatives (the Senate concurring),
That Congress--
(1) honors the exceptional achievements of Ambassador
Richard Holbrooke and recognizes the significant contributions
he has made to United States national security, humanitarian
causes, and peaceful resolutions of international conflict; and

[[Page 4576]]

(2) respectfully requests that the Clerk of the House
transmit an enrolled copy of this resolution to the family of
Ambassador Richard Holbrooke.

Agreed to December 18, 2010.

<> ARTS IN EDUCATION WEEK--
SUPPORT

Whereas arts education, comprising a rich array of disciplines including
dance, music, theatre, media arts, literature, design, and visual
arts, is a core academic subject and an essential element of a
complete and balanced education for all students;

Whereas according to Albert Einstein, ``After a certain high level of
technical skill is achieved, science and art tend to coalesce in
esthetics, plasticity, and form. The greatest scientists are artists
as well.'';

Whereas arts education enables students to develop critical thinking and
problem solving skills, imagination and creativity, discipline,
alternative ways to communicate and express ideas, and cross-
cultural understanding, which supports academic success across the
curriculum as well as personal growth outside the classroom;

Whereas the nonprofit arts sector contributes to the economy and plays
an important role in the economic health of communities large and
small with direct expenditures of wages and benefits as well as
goods and services;

Whereas to succeed in today's economy, students must masterfully use
words, images, sounds, and movement to communicate;

Whereas as the Nation works to strengthen its foothold in the 21st
century global economy, the arts equip students with a creative,
competitive edge;

Whereas where schools and communities are delivering high-quality
learning opportunities in, through, and about the arts for children,
extraordinary results occur;

Whereas studies have shown that schools with large populations of
students in poverty can be transformed into vibrant hubs of learning
through arts education;

Whereas studies have also found that eighth graders from underresourced
environments who are highly involved in the arts have better grades,
less likelihood of dropping out by grade ten, have more positive
attitudes about school, and are more likely to go onto college;

Whereas attracting and retaining the best teachers is vital and can be
achieved by ensuring that schools embrace the arts, becoming havens
for creativity and innovation;

Whereas arts education has the power to make students want to learn not
just within the arts, but other areas of study;

Whereas art is integral to the lives of many United States citizens and
can improve the vitality of communities and the Nation; and


[[Page 4577]]


Whereas the week beginning on the second Sunday of September would be an
appropriate week to designate as Arts in Education Week: Now,
therefore, be it

Resolved by the House of Representatives (the Senate concurring),
That Congress--
(1) supports the designation of Arts in Education Week;
(2) calls on governors, mayors, and other elected officials
from across the United States to issue proclamations to raise
awareness of the value and importance of arts in education; and
(3) encourages the President to issue a proclamation
encouraging the people of the United States to observe such week
with appropriate activities.

Agreed to December 22, 2010.

<> ADJOURNMENT--HOUSE OF
REPRESENTATIVES AND SENATE

Resolved by the House of Representatives (the Senate concurring),
That when the House adjourns on any legislative day from Friday,
December 17, 2010, through Friday, December 24, 2010, on a motion
offered pursuant to this concurrent resolution by its Majority Leader or
his designee, it stand adjourned sine die, or until the time of any
reassembly pursuant to section 2 of this concurrent resolution,
whichever occurs first; and that when the Senate adjourns on any day
from Sunday, December 19, 2010, through 11:59 a.m. on Monday, January 3,
2011, on a motion offered pursuant to this concurrent resolution by its
Majority Leader or his designee, it stand adjourned sine die, or until
the time of any reassembly pursuant to section 2 of this concurrent
resolution, whichever occurs first.
Sec. 2.  The Speaker of the House and the Majority Leader of the
Senate, or their respective designees, acting jointly after consultation
with the Minority Leader of the House and the Minority Leader of the
Senate, shall notify the Members of the House and the Senate,
respectively, to reassemble at such place and time as they may designate
if, in their opinion, the public interest shall warrant it.

Agreed to December 22, 2010.

<> UNITED STATES-ROMANIAN
DIPLOMATIC RELATIONS--130TH ANNIVERSARY

Whereas the United States established diplomatic relations with Romania
in June 1880;

Whereas the United States and Romania are two countries united by shared
values and a strong commitment to freedom, democracy, and
prosperity;

Whereas Romania has shown, for the past 20 years, remarkable leadership
in advancing security and democratic principles in

[[Page 4578]]

Eastern Europe, the Western Balkans, and the Black Sea region, and
has amply participated to the forging of a wider Europe, whole and
free;

Whereas Romania's commitment to meeting the greatest responsibilities
and challenges of the 21st century is and has been reflected by its
contribution to the international efforts of stabilization in
Afghanistan and Iraq, its decision to participate in the United
States missile defense system in Europe, its leadership in regional
nonproliferation and arms control, its active pursuit of energy
security solutions for South Eastern Europe, and its substantial
role in shaping a strong and effective North Atlantic Alliance;

Whereas the strategic partnership that exists between the United States
and Romania has greatly advanced the common interests of the United
States and Romania in promoting transatlantic and regional security
and free market opportunities, and should continue to provide for
more economic and cultural exchanges, trade and investment, and
people-to-people contacts between the United States and Romania;

Whereas the talent, energy, and creativity of the Romanian people have
nurtured a vibrant society and nation, embracing entrepreneurship,
technological advance and innovation, and rooted deeply in the
respect for education, culture, and international cooperation; and

Whereas Romanian Americans have contributed greatly to the history and
development of the United States, and their rich cultural heritage
and commitment to furthering close relations between Romania and the
United States should be properly recognized and praised: Now,
therefore, be it

Resolved by the Senate (the House of Representatives concurring),
That Congress--
(1) celebrates the 130th anniversary of United States-
Romanian diplomatic relations;
(2) congratulates the Romanian people on their achievements
as a great nation; and
(3) reaffirms the deep bonds of trust and values between the
United States and Romania.

Agreed to December 22, 2010.