E PL UR UM IB N U U S Congressional Record th of America PROCEEDINGS AND DEBATES OF THE 111 CONGRESS, FIRST SESSION

Vol. 155 WASHINGTON, TUESDAY, JUNE 9, 2009 No. 85 House of Representatives The House met at 10:30 a.m. and was speaking, 15 more children will die JESSE JACKSON JR., ZACH WAMP, called to order by the Speaker pro tem- needlessly from waterborne disease. WELCH, BOOZMAN, BURTON, GEORGE pore (Ms. EDWARDS of Maryland). To address this slow-motion disaster, MILLER, and FORTENBERRY. The pur- f I worked with the then Chair and rank- pose of this act is to empower the U.S. ing member of the House Foreign Af- Government to respond to the pressing DESIGNATION OF SPEAKER PRO fairs Committee, Henry Hyde and Tom poverty, security, and environmental TEMPORE Lantos, and the Senate majority and threats presented by the dire mis- The SPEAKER pro tempore laid be- minority leaders, Bill Frist and HARRY management and shortage of global fore the House the following commu- REID, to enact the Paul Simon Water freshwater. The goal for the Water for nication from the Speaker: for the Poor Act of 2005. This land- the World Act is for the United States WASHINGTON, DC, mark, bipartisan legislation estab- to provide 100 million people of the June 9, 2009. lished investment in safe and afford- world’s poorest first-time access to safe I hereby appoint the Honorable DONNA F. able water for the world’s poorest as a drinking water and sanitation on a sus- EDWARDS to act as Speaker pro tempore on major goal of United States foreign as- tainable basis by 2015. To accomplish this day. sistance. But, sadly, with the last ad- this goal, the legislation builds on the , ministration, we were slow to imple- Water for the Poor framework for in- Speaker of the House of Representatives. ment, and until last year, slow to fund vestment, expands U.S. foreign assist- f it. We are more than halfway to the ance capacity, and recognizes sustain- MORNING-HOUR DEBATE 2015 Millennium Development goal able water and sanitation policy as with mixed results, and we must redou- vital to the long-term diplomatic and The SPEAKER pro tempore. Pursu- ble our effort. development efforts of the United ant to the order of the House of Janu- A special concern is Sub-Saharan Af- States. ary 6, 2009, the Chair will now recog- rica that lags so far behind that we will I applaud the leadership of Senators nize Members from lists submitted by miss our modest goal to cut the people DURBIN, CORKER, and MURRAY, who the majority and minority leaders for without safe drinking water and sani- have introduced companion bipartisan morning-hour debate. tation by one-half by 2015, that Sub-Sa- legislation in the Senate. This legisla- The Chair will alternate recognition haran Africa will miss that target date tion will help the United States focus between the parties, with each party by 25 years for water and sanitation by its efforts and fully implement a smart limited to 30 minutes and each Mem- 61 years. And these are not just num- and efficient global water strategy that ber, other than the majority and mi- bers; these are millions of people’s meets our commitment to extend safe nority leaders and the minority whip, lives. drinking water and sanitation to over a limited to 5 minutes. Some progress is being made through billion people in need. f innovative partnerships between the I urge every Member of Congress to United States, NGOs, businesses, and make water policy and funding a pri- GLOBAL WATER AND H.R. 2030, local partners. But the stark truth re- ority, to save the life of a child every SENATOR PAUL SIMON WATER mains: Nearly 900 million people world- 15 seconds who dies needlessly from wa- FOR THE WORLD ACT OF 2009 wide still lack access to safe drinking terborne disease. The SPEAKER pro tempore. The water, and two out of five people on the f Chair recognizes the gentleman from planet lack basic sanitation services. Oregon (Mr. BLUMENAUER) for 5 min- And this is going to become more of a HEALTH CARE utes. challenge in the future. Because of cli- The SPEAKER pro tempore. The Mr. BLUMENAUER. Madam Speaker, mate change and rapid population Chair recognizes the gentleman from as one-fifth of the world’s population growth, there will be further stress on (Mr. BOEHNER). relies on freshwater that is either pol- water resources. By 2025, 2.8 billion Mr. BOEHNER. Madam Speaker, Re- luted or significantly overdrawn, the people in more than 48 countries will publicans want to work with the Presi- lack of safe water and sanitation is an face devastating water shortages. dent and our Democrat colleagues here ongoing threat to global security and To help accelerate the progress, on in the Congress to make sure that remains the world’s greatest health Earth Day I introduced bipartisan leg- every American has access to high- problem, accounting for 2 million islation, the Paul Simon Water for the quality, affordable health coverage. On deaths a year and half of the illness in World Act of 2009, along with Rep- an issue like this, we need to act, but the developing world. Before I finish resentatives PAYNE, ROHRABACHER, we also need to get it right.

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H6309

.

VerDate Nov 24 2008 23:55 Jun 09, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.000 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6310 CONGRESSIONAL RECORD — HOUSE June 9, 2009 Frankly, the record the Democrats hind, deserve our best effort to put forcing millions of people off the pri- have amassed this year so far shows us these reforms in place that will meet vate health plans they already have why we need to take our time. Think their needs. and which the vast majority of them about it. On every major issue ad- f very much like.’’ dressed by Congress and the White You know, when insurance compa- HEALTH CARE REFORM House this year, the middle class has nies are forced to compete, they do taken a big hit. Middle-class Ameri- The SPEAKER pro tempore. The very well. Senator MCCONNELL and I cans are paying for a trillion dollar Chair recognizes the gentleman from have a common constituent, the ‘‘stimulus’’ package that no one read. Kentucky (Mr. YARMUTH) for 5 min- Humana Corporation, a great corpora- They’re paying for a $400 billion omni- utes. tion. When they’re forced to compete, bus appropriation bill with 9,000 ear- Mr. YARMUTH. Madam Speaker, the they figure out how to add value. And marks in it. They’re paying to bail out distinguished minority leader has just they’re doing that right now. They are those who lied on their mortgage appli- expressed the desire of his party to en- doing it with the Medicare Advantage cations. They’re paying for a govern- gage us in health care reform, and I’m program. ment takeover of General Motors with so gratified and happy to hear him say When insurance companies are forced no exit strategy. And they’re paying that. Similarly, the distinguished mi- to compete, they compete well. Right for a budget that didn’t include a tax nority leader of the Senate, who is now they’re not forced to compete. cut that was promised for, yes, you both my Senator and my constituent, What many of us are proposing is that guessed it, the middle class in Amer- has spent the last few days in the Sen- we create a public competition for ica. And if Democrats get their way, ate talking about that same desire, to them, make them compete with the they’ll be paying for a national energy help us move forward in addressing public plan. And unlike what Senator tax on anyone who has the audacity to what we all know is an unsustainable MCCONNELL says, if they are unable to drive a car or to flip on a light switch. and dysfunctional health care delivery compete, it won’t be because of an un- Over and over again, the people who system. fair advantage; it will be because they follow the rules are being left behind The Senator spoke last Friday, and are not providing the kind of coverage by Washington. Are Democrats going he said, ‘‘Americans want reform that at the cost that the American people to leave the middle class behind on addresses the high cost of care and want. If American people want to stay health care as well? gives everyone access to quality care. in their private plans under the pro- The forthcoming plan from Demo- In America in 2009, doing nothing is posals that we’re advancing, they will cratic leaders will make health care simply not an option. We must act and be able to do that. We’re not forcing more expensive, limit treatments, ra- we must act decisively. The question is anyone out. Right now most Americans tion care, and put bureaucrats in not whether to reform health care; the don’t have a choice, and we are trying charge of medical decisions rather than question is how best to reform health to provide that choice through a public patients and doctors. That amounts to care.’’ plan. a government takeover of health care, None of us in either body on either In the Senator’s statement, he says: ‘‘This is how a government plan would and it will hurt, rather than help, mid- side of the aisle will argue with that undercut private health care plans, dle-class families across our country. statement. The administration likes to say they Unfortunately, in the remainder of forcing people off the plans they like can expand health care and lower costs the distinguished Senate minority and replacing those plans with plans at the same time, but I think that’s leader’s statement, there is not the they like less.’’ They’re not going to be in plans they just simply nonsense. You can’t add first idea about how to do that. Despite like less. They will choose the plan millions of Americans to the govern- his teasing us that he is going to offer they like more. ment health care rolls and reduce costs solutions, they’re not. In fact, what he unless government takes control of does is pretty similar to what the dis- b 1045 medical decisions, rations care, and tinguished minority leader of the ‘‘That is when the worst scenario limits treatments, all of which will re- House just did, which was to echo the would take shape, with Americans sub- duce quality and undermine the care themes of a talking point paper pro- jected to bureaucratic hassles, hours that Americans have come to expect. vided by Frank Luntz, the Republican spent on hold, waiting for a govern- Republicans believe there’s a better message person, which basically said ment service representative to take a way. Led by ROY BLUNT, the Health the Republicans cannot afford to allow call, restrictions on care and, yes, life- Care Solutions Group is crafting a plan Democrats to have a victory in health saving treatment and lifesaving sur- that will ensure access to affordable, care. They can’t allow us to get some- geries denied or delayed.’’ quality health care for every Amer- thing done for the American people. It’s a nice scare tactic. Unfortu- ican, regardless of preexisting condi- And, therefore, they are going to re- nately, what he is describing is what tions. This plan will protect Americans spond by criticizing everything we are often happens right now in the private from being forced into a new govern- doing as a government takeover of insurance system with doctors spend- ment-run plan that raises taxes, ra- health care. In fact, in the distin- ing endless hours trying to argue with tions care, and eliminates coverage for guished Senate minority leader’s state- bureaucracies about whether certain more than 100 million Americans who ment, some version of government treatments or certain procedures will receive their health care coverage from takeover is mentioned 11 times in 11⁄2 be covered. So what we’re trying to do their employer. It will ensure that half pages. So we know where they’re is to end that and to provide competi- medical decisions are made by patients coming from. tion that will end that. and their doctors, not by government But the arguments that are raised Finally, the Senator says, ‘‘The bureaucrats. We want to let Americans are also things that require scrutiny, American people want health care re- who like their health care coverage and as we move forward in this debate, form, but creating a government bu- keep it and give all Americans the free- we need to examine all of them. reaucracy that denies, delays and ra- dom to choose the plan that best meets For instance, the Senator says, tions health care is not the reform their needs. We want to improve Amer- ‘‘When most companies want to raise they want.’’ I agree with that. I agree icans’ lives through effective preven- money, they have to show they are via- with that. tion, wellness, and disease manage- ble and their products and services are Then he says, ‘‘They don’t want the ment programs, while developing new a worthwhile investment.’’ people who brought us the Department treatments and cures for life-threat- Again, nobody can argue with that. of Motor Vehicles making life-and- ening diseases. That means adding value. death decisions for them, their chil- I hope Democrats here in Congress ‘‘Apply this model to health care, dren, their spouses, and their parents.’’ and the administration will work with and the government would be able to Well, that’s a cute line, very clever. us to make sure that we do this right. create the same kind of uneven playing Unfortunately, you know, the Fed- The American people, and particularly field that would, in all likelihood, eral Government didn’t create the De- the middle class who have been left be- eventually wipe out competition, thus partment of Motor Vehicles, but the

VerDate Nov 24 2008 23:55 Jun 09, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.004 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6311 Federal Government did create Medi- Union leaders may see value in wip- Congratulations to Oklahoma’s first care, Medicare which now serves 40 ing out individual initiative to build lady, Kim Henry. Your hard work and million Americans, disabled and old, solidarity among rank-and-file mem- dedication to the State of Oklahoma and which does a very, very good job of bers, but those workers would be far doesn’t go unnoticed. doing that. better off if they could enjoy both the So I look forward to the debate we’re advantages of collective bargaining f going to continue to have with the and the additional rewards of indi- ‘‘THE STATE OF THE UNION’S other side on how best to create health vidual performance raises and bonuses. FINANCES, A CITIZEN’S GUIDE’’ care reform. Many unionized businesses would glad- The SPEAKER pro tempore. The f ly pay individual workers more if they could. Some have tried, but over the Chair recognizes the gentleman from INTRODUCING THE RAISE ACT, years, the National Labor Relations Indiana (Mr. BURTON) for 5 minutes. H.R. 2732 Board has repeatedly struck them Mr. BURTON of Indiana. Madam The SPEAKER pro tempore. The down. Speaker, Members of Congress in the Chair recognizes the gentleman from For that reason, I have introduced House and the Senate get literature California (Mr. MCCLINTOCK) for 5 min- the Rewarding Achievement and sent to them every single day. In fact, utes. Incentivizing Successful Employees, or we probably get four or five books a Mr. MCCLINTOCK. Madam Speaker, RAISE Act, H.R. 2732. It will allow week. I don’t know how many little if the gentleman from Kentucky wants working union members to escape the leaflets and pamphlets we’re asked to to know why Republicans oppose the false choice between collective bar- read, but we don’t have time to read government takeover of our health gaining and individual reward that our them all. We ask our staff to read some care system, I would invite him to con- outdated labor laws have forced upon of them, but we don’t have a chance to sult the many, many refugees from them. Senator VITTER has introduced a really get into the minutiae of some of Canada and Britain who have come similar bill in the Senate. these brochures. here to America to get their health Under the RAISE Act, union mem- Our colleagues in both the House and care, because they simply can’t survive bers would retain all of the collective the Senate got this little booklet with bureaucrats telling them what bargaining rights under current law, called ‘‘The State of the Union’s Fi- treatments they’ll get and when they’ll and employers would be bound to the nances, a Citizen’s Guide.’’ These are get them. wage and benefit schedules negotiated going to be given, I guess, to people all The Republicans are proposing to under those laws. In addition to the across this country. I hope every one of bring within the reach of every Amer- floor established by the union contract, my colleagues and everybody in Amer- ican family a basic health plan that employers could add bonuses for those ica gets a chance to read this little they will own, that they can change if workers who go the extra mile, com- booklet. Now, this was sent to us by it fails to suit them and that they will bining the benefits of collective bar- our colleagues FRANK WOLF, Repub- hold wherever they work and under gaining with the rewards of individual lican of Virginia, and JIM COOPER, whatever circumstances they work; but achievement. Democrat of Tennessee. I just want to Madam Speaker, I’m here on different Years ago, Admiral Grace Hopper ob- read to you a little bit about the situa- business this morning. served that, in all of her years in the tion that America faces, because Amer- I’m here to talk about the right of United States Navy, she had deter- icans right now, I don’t think, are real- workers. Their right to gather and to mined that the greatest impediment to ly aware of the fiscal problems we’re bargain collectively with an employer human progress is the phrase ‘‘but facing. is a fundamental right of labor. It often we’ve always done it this way.’’ That’s As of the fall of 2008, we had $12.2 tril- strengthens the position of individual the only answer we’ve heard so far in lion in explicit liabilities. That’s pub- workers as they negotiate with a pow- opposition to this simple reform, and licly held debt, military and civilian erful employer. Yet survey after survey in days like these, that’s no answer at pensions, retiree health benefits, and tells us that union members are less all. others things related to that. We had satisfied with their jobs than nonunion f workers, and many Americans today $1.3 trillion in debt for Federal insur- simply refuse to work in union shops at CONGRATULATING MRS. KIM ance, loan guaranties, leases, and so all. HENRY, OKLAHOMA’S FIRST LADY forth, and we had a $42.9 trillion debt from Medicare hospital insurance, So why is it that a bargaining proc- The SPEAKER pro tempore. The Medicare outpatient services, Medicare ess designed to improve workers’ satis- Chair recognizes the gentleman from prescription drugs, and Social Secu- faction should produce such dis- Oklahoma (Mr. BOREN) for 1 minute. satisfaction? Mr. BOREN. Today, Madam Speaker, rity. That’s a total of $56.4 trillion in Perhaps the answer rests with the I rise to share a kind word and to send debt that we have right now, today. simple human desire in each of us to my congratulations to one of Okla- That amounts to $184,000 of debt for excel in what we do and to be recog- homa’s great women, Kim Henry, Okla- every man, woman, and child in this nized and rewarded for that excellence. homa’s first lady and the wife of our country; it amounts to $435,000 of debt Collective bargaining increases the outstanding . for a full-time worker; for each house- ability of workers to take a stronger Born in Norman and raised in Shaw- hold, it amounts to $483,000 in debt. position to negotiate with an em- nee, Mrs. Henry would mature into a That’s the national debt today. ployer, and this is good, but they’re confident and independent woman who George Washington said we should then left to give up any individual re- would eventually find her calling as a avoid ungenerously throwing upon pos- wards for outstanding work. public schoolteacher. Throughout her terity, our kids, the burden we, our- Union workers end up trapped with a tenure as Oklahoma’s first lady, she selves, ought to bear. In 1796, they had one-size-fits-all contract that denies has been a devoted mother to three a deficit, and George Washington said them the dignity that comes from indi- beautiful daughters, and has been an that we can’t allow this to happen be- vidual excellence and achievement. No active member of numerous charities. cause we don’t want to leave a burden matter how hard that worker toils or One of those prominent Oklahoma or- to our kids and to our grandkids by no matter how much he produces, he ganizations is the influential Sarkeys spending too much money. gets paid exactly the same as the coal Foundation. Formed in 1962 by S.J. I’m telling you right now, colleagues worker who puts in minimal effort. Sarkeys, the Sarkeys Foundation has and anybody else who is paying atten- Well, why shouldn’t workers get contributed over $55 million to various tion, what we’re going to leave our extra pay and performance bonuses be- Oklahoma cultural and economic ini- kids and our grandkids is something yond the union-negotiated wage base? tiatives. Last week, the Sarkeys Foun- that they will curse us for because Why does the wage floor set through dation asked Mrs. Henry to be its exec- they’re going to have to pay extremely union contracts also have to be a wage utive director. This is a significant mo- high taxes, and the inflationary prob- ceiling for those union members who ment in her life and also for the State lems that they’re going to face are go the extra mile to get ahead? of Oklahoma. going to be insurmountable.

VerDate Nov 24 2008 23:55 Jun 09, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.005 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6312 CONGRESSIONAL RECORD — HOUSE June 9, 2009 I can’t believe that we’re doing this can take oil out of the centerpiece of rent, 24/7, 365 days a year, that runs up right now. We’re talking about a na- our natural resource dependency, the and down up to north along the east tional health care program that’s going better. That’s not to say we don’t have coast. Well, right now, one of our local to add additional trillions of dollars. oil in the United States and that, yes, universities, Florida Atlantic Univer- We’re talking about bailouts to the fi- we’re going to drill more and all that sity, is developing technology where nancial institutions and to the auto in- kind of thing. What I’m talking about they can put turbines in the Atlantic dustry. We’re talking about a cap-and- is the fact that much of our oil comes Ocean and capture that energy. trade program that’s going to increase from places around the world, from the I don’t know if this is going to work the cost of every family in America be- Middle East, from Venezuela and from long-term, but that’s the kind of Amer- tween $3,000 and $4,000 to turn on their other places that are not stable places ican ingenuity that we’re looking for, lights or to buy gasoline at a service for us to depend on this. and we as a government and private station or anything else that produces Number 2 is our economy. We know sector, our scientists, our entre- energy. We’re adding about $2 trillion a that we have a great opportunity in preneurs, we need to work together to year to this debt, and it’s terms of this next generation of jobs to capture that and build on that. unsustainable. It is going to affect be created relating to alternative en- And of course, there’s the environ- every man, woman, and child who is ergy and to the various kinds of alter- ment. We all understand that, and living in America today, but what it’s native energies that are out there right there is something going on in the going to do to future generations is un- now that are being developed by our world on climate. People can have dif- believable. scientists, by our engineers, and by our ferent opinions. I think most scientists We can destroy this Republic if we businesspeople. agree there’s something going on, and don’t get control of spending. This is a There is one thing that, I think, is whatever we can do in the United political hyperbole. I’m telling you just incredible and that I’ll just give by States and around the world to provide right now that we can destroy this way of an example because we know leadership to reduce the impact of CO2 form of government and this civiliza- about solar and wind and a lot of other and other things, it’s good for all of us. I live in a coastal area, 75 miles on tion we have, just like Rome did, if we things. I’m from Florida, and I was the Atlantic Ocean, some of the most don’t get control of spending. It is out speaking to one of our utility compa- beautiful areas in the world. We obvi- of control. It is out of control. We’re nies the other day, and they’re talking ously are very sensitive to the hurri- $56 trillion in debt today, and we’re about building the largest solar plant cane activity, to the rise of the Atlan- adding $2 trillion a year, plus all of in the world in Florida. Over the years, tic Ocean, things like that, but I think these additional programs we’re com- we’ve heard, Oh, well, there isn’t we all understand there’s an environ- ing up with. In the next 5 years, they enough sun or maybe other things. mental issue at the same time. say we’re going to spend an additional Well, now there is a general recogni- So what are we doing here in Wash- $5 trillion. We don’t have it, so we’re tion that anywhere in the United ington? We’re working very collec- putting this burden on our kids and on States there are great opportunities for tively, and there are a lot of business our grandkids. solar. The technology is moving along, and industry actively supporting some It’s wrong. We have to do something and we need to continue to incent that of the various ideas that are coming about it. We have to do it now. We have continued higher level of development forward to work on this in a very pro- to start getting our spending in order. of battery storage for solar and things ductive way to make sure that the My Republican and Democrat col- like that. United States is leading the world in leagues understand that. Mr. WOLF is a One of the things he said to me is, in these areas of alternative energy. Republican who sent this out, and Mr. building this plant, they have to im- And we’re debating a bill right now COOPER is a Democrat. They under- port the mirrors—these are the pieces and I know our colleagues are asking stand it. We all ought to understand it. of equipment to hold the solar and to for comments from back home. We ob- f capture the power—from Germany. viously want to do it in a way that al- Hundreds of millions of dollars of this ENERGY lows for appropriate levels of transi- product have to come in from Germany tion for our industries who are depend- The SPEAKER pro tempore. The because we don’t produce it here in the ent on old fuel sources to move to new Chair recognizes the gentleman from United States. fuel sources. We need to work together Florida (Mr. KLEIN) for 5 minutes. Why? Why don’t we produce it? Why to make sure that the system eases in Mr. KLEIN of Florida. Madam Speak- isn’t that a job opportunity that is a way that is economically competi- er, it is an honor to be here today to based right here? tive. That’s what we need to do. At the talk in this House about energy. This I think that one of the things that’s same time, we ought to be encouraging is a moment in time when, I think, going on right now in the investment as much as we can getting these prod- most Americans understand this great recovery act that we’ve put together ucts into play. opportunity we have to really turn and other things that, I think, all of us So I’m very excited about the fact things around for our future in this share, Democrats and Republicans and that we can build a new energy future, country. It’s about three principal ele- as Americans, is the idea that, if we’re and I look forward to working with all ments that aren’t just tied to the high going to talk about energy, we have to of our Members to do that. cost of gasoline. It’s about national se- incentivize business and industry and f curity; it’s about a better environment; the engineers in our universities to de- WE NEED A NATIONAL ENERGY and probably, as one of the most im- velop the science, to develop the entre- THAT DOESN’T PICK WINNERS portant things for this moment, it’s preneurship, to give the tax incentives AND LOSERS about jobs. It’s about a new economy. for investment for that type of energy We’ll just talk about national secu- in the United States, and to build the The SPEAKER pro tempore. The rity. I think all of us understand very equipment here in the United States. Chair recognizes the gentlewoman from clearly, every American, no matter There is no reason. It costs a lot of West Virginia (Mrs. CAPITO) for 5 min- where one is from, the fact that im- money to ship fragile mirrors over utes. porting oil is the basis for a lot of the from Germany. We can build it here. Mrs. CAPITO. Madam Speaker, I’m dependency that we have. Sixty per- We can build it better. We can probably here today to talk about the same cent or so of the oil that we take in the export it and can compete with the rest issue that my colleague from Florida United States comes from outside the of the world. just talked about, and that’s energy. United States. We depend, unfortu- He alluded to the energy bill that’s nately, on many countries that are, at b 1100 been moving through Congress over the best, not our friends and that are, at I think that’s a pretty exciting op- last several months, but he neglected worst, our mortal enemies, who fund portunity, and there are so many other to say that in that bill are some real terrorism and threats against the areas. In my district off the coast of costs for real people. And I think these United States and against our allies Florida, most of you have heard of the are the important issues in front of our around the world. The sooner that we gulf stream. That’s that perpetual cur- Nation today.

VerDate Nov 24 2008 23:55 Jun 09, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.006 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6313 Energy, we found when the price of in? Job loss. That’s going to result in hosted a congressional briefing to dis- gasoline went up last summer over $4 a lack of capital to invest in a small cuss the business reasons for passing gallon, we were pressed, I think appro- business. And then the higher cost of legislation to reduce global warming priately, to try to find an energy fu- transportation would also hurt not pollution. The USCAP is a coalition of ture, a plan for our energy future, and only individuals but small businesses many American businesses who sup- we never really answered that ques- as well. port the legislation, including espe- tion. Well, this morning in Charleston, But it’s also going to hurt those peo- cially in the energy sector. They in- West Virginia, where I’m from, the ple who can barely afford to keep the clude Alcoa, BP, ConocoPhillips, Dow, price of gasoline went up to $2.75 and lights on as it is, and those are our Duke Energy, DuPont, Exelon, General has been going up almost daily. So we lower income folks. By the year 2020, it Electric, General Motors, Johnson & need a national energy plan that is estimated that with this bill, with Johnson, NRG Energy, Shell, and Sie- doesn’t pick winners and losers, that this cap-and-tax bill, with this national mens. Environmental groups are also takes into account real costs for real energy tax, that the lower income folks members. people. across this Nation, that 25 percent of Many of these companies have built Right now, the bill that’s passed out their income will go to paying for their billion dollar companies through the of the Energy and Commerce Com- energy costs. extraction, processing, or sale of car- mittee is a national energy tax on Now, let’s think about this. We’ve bon-intensive fossil fuels. For example, every single American. We call it cap- just gone through a housing crisis, most of BP, Shell and ConocoPhillips’ and-tax. The supporters call it cap-and- where people are losing their homes business is in oil exploration and pro- trade. But what it is, in reality, is it and people are having trouble, people duction. Duke Energy produces 75 per- has serious problems for States such as are losing jobs. Now, we’re going to say cent of its electricity from coal. Manu- mine in West Virginia. Ninety-eight to you, a quarter of your income is facturers such as GE, Alcoa, and Dow percent of the energy generation in our going to go to one of the basic needs consume a great deal of electricity and State is generated through coal. Well, that you have, and that’s the basic would be negatively affected by higher naturally, we’re the second largest need for energy. energy prices. They support this bill. Another loser are our State budgets. coal-producing State in this Nation. These businesses worked for 2 years We’ve powered America for genera- Think what an impact a national en- with environmentalists and Members tions by giving of our natural resources ergy tax is going to have on every hos- of Congress to develop a blueprint for across this country, and I’m proud to pital, on every public school, on every legislative action that laid out a plan say we have a proud heritage, not only university. Think of the cost of run- to reduce greenhouse gas pollution, of turning the lights on in America but ning the school buses that we’ve seen create jobs, and spur investment in re- as the rise up in energy costs. also of the coal mining jobs and the newable energy. This blueprint for leg- So I don’t think that this is the kind coal mining communities and families islative action formed a foundation for of bill that is going to solve the prob- the American Clean Energy and Secu- throughout my State. lem. It sets up winners and losers, and But this will picks winners and losers rity Act, passed by the House Energy it has real costs to real people. It does because the heartland, of which I con- and Commerce Committee, on a bipar- have in there a great portion of carbon sider West Virginia—and we just heard tisan vote I might add. capture and sequestration where we At its briefing, USCAP members em- the gentleman from Florida talk a lot will use coal, and we will use the tech- phasized the importance of the Amer- about solar—but the heartland, which nology and innovation, but we need to ican Clean Energy and Security Act in has had to rely on fossil fuels for en- keep moving in this direction so we can spurring innovation and economic ergy generation and to keep our manu- be realistic about how we’re going to growth. Representatives of Dow, NRG facturing jobs, we’re going to be the meet our energy needs and how we’re Energy, and Shell said that without losers here. We’re going to be the ones going to transition to the next best passage of this legislation to reduce who are going to pay the heavy price. source. greenhouse gas emissions, there simply What kind of price are we going to Green jobs and green future, that’s will not be sufficient market incentive pay? Number one, job loss. It’s esti- what we all want. I think that it’s a to invest in carbon capture and stor- mated that in my State alone over laudable goal, and it’s one that we will age, something necessary, especially 10,000 jobs will be lost in our manufac- reach, but we’ve got to do it where for the coal industry, Madam Speaker. turing sector because of this bill. And we’re not picking winners and losers, Carbon capture and storage is a tech- you ask, why is that? Well, because our where we realize that there are real nology that holds tremendous promise; industrial input will be lower because costs to real people. it is essential to more sustainable coal- of the high cost of meeting the de- f generated electricity production. The mands, because of the lack of a transi- minority party claims that the Amer- THE CURRENT ECONOMIC tional period in this bill. We’ll also lose ican Clean Energy and Security Act RECESSION probably many, many, 10s of thousands will hurt coal, as we just heard, but the of jobs in our coal mining industry and The SPEAKER pro tempore. The business community, including compa- associated industries alone. Chair recognizes the gentleman from nies that rely principally on coal for Also, for the individuals, how is this Virginia (Mr. CONNOLLY) for 5 minutes. electrical generation, support this bill. going to impact the individual who is Mr. CONNOLLY of Virginia. Madam The minority party claims that the paying now the $2.75 in West Virginia? Speaker, as a Congressman from Vir- American Clean Energy and Security In some areas of the country, that ginia, also a coal-producing State, I Act will impair our ability to deploy probably sounds pretty good, but in wish to rise to address the current eco- American energy resources. Yet ours, it’s going up. We’ve had the lux- nomic recession. We need to spur in- USCAP members, ConocoPhillips and ury of lower energy prices, and we are vestment and create new jobs, and we Shell, for example, noted at the brief- pleased about that. But it’s escaping need to act now. An essential part of ing that without this bill, they simply us, and in this bill, we will no longer that effort is the American Clean En- will not be able to develop the next have that. ergy and Security Act. generation of biofuels. If you look at the West Virginia elec- This legislation, unlike some of the Right now, we get most of our oil tricity, prices under this bill will go up statistics we’ve been hearing lately, re- from overseas, Madam Speaker, from over 100. Think about that: 100 percent cently approved by the House Energy countries like Saudi Arabia. We must of your electricity bill, somewhere in and Commerce Committee, would re- end our dependence on foreign oil. By the estimate of $2- to $3,000 a year. duce greenhouse gas pollution and cre- spurring development of biofuels, the And who’s the loser there? Small ate lots of clean energy jobs, including American Clean Energy and Security businesses are the loser. They’re going in the coal sector, and make polluters Act would help reach that objective to lose jobs because they’re going to pay for the greenhouse gas pollution while creating economic opportunities have the higher cost of turning on they’re emitting right now. here at home. their electricity, running their busi- Last week, the United States Climate I think the business community said ness. And what’s that going to result Action Partnership, known as USCAP, it best. At USCAP’s recent briefing, a

VerDate Nov 24 2008 23:55 Jun 09, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.008 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6314 CONGRESSIONAL RECORD — HOUSE June 9, 2009 member representative said, ‘‘One of and provides no help to families mak- course under State law and, at the re- the reasons that many members of ing more than $42,000 or individuals quest of an automobile dealer, require USCAP are enthusiastic is because we making as little as $23,000. Increasing GM and Chrysler to reinstate franchise see that it is essential for our busi- Americans’ fuel and utility bills in this agreements in effect prior to those nesses to move to a low carbon econ- recession is not only bad policy, but it companies’ bankruptcies. These are omy.’’ completely ignores the hardships mil- bankruptcies negotiated with Federal Madam Speaker, let’s unleash new lions of Americans are already facing. officials, and taxpayer dollars are help- investments in America. Let’s produce This is dangerous legislation in des- ing to maintain both companies. more of our energy here at home. Let’s perate need of closer review.’’ Therefore, these bankruptcies should wean ourselves off foreign oil depend- Republicans want energy independ- not be used to change the rules that ency. Let us create new, clean energy ence for Americans, and we can have it dealers have been operating under. jobs in America. We cannot delay eco- but not under this cap-and-tax bill. I first wrote a bipartisan letter with Representative CHRIS LEE of nomic recovery, and we cannot risk b 1115 further destabilization of our climate. and more than 65 of our colleagues to Madam Chairman, I would like to the auto task force in May asking f point out one other issue that is before them to work with the companies to REPUBLICANS WANT ENERGY the Congress recently, and that is reconsider the forced closings. Since INDEPENDENCE FOR AMERICANS money for the IMF, the International then, thousands of dealers have been The SPEAKER pro tempore. The Monetary Fund, in the supplemental informed by GM and Chrysler, through Chair recognizes the gentlewoman from bill. What the Democrats want to do is a seemingly arbitrary system, that North Carolina (Ms. FOXX) for 5 min- cut $5 billion from our troops in order their relationships were ending essen- utes. to fund the IMF. And because any IMF tially immediately, leaving some deal- Ms. FOXX. Madam Speaker, my col- member country may apply for these ers with millions of dollars invested in league from Indiana made some very, loans, Iran, Venezuela, Zimbabwe, and car stock with no options for consoli- very eloquent and compelling remarks Burma are all eligible. Therefore, state dation and little leverage for liquida- about the status of our economy, and sponsors of terrorism can receive tion. In my home district in upstate New my colleague from West Virginia gave American taxpayer money under the York, there is a dealership, Lewis valuable information on energy and Democrats’ proposal. Goodman Chrysler, which has been the called attention to some important reported on cornerstone of one of our communities issues. May 27 that Hezbollah is in talks with for 50 years. Mr. Goodman opened his My distinguished colleague from the IMF about continuing loans to Leb- dealership in 1959 in Syracuse. Two Florida, whom I like and admire very anon should they win the election. years ago, at the age of 82, Mr. Good- much, says the energy bill will create Therefore, a terrorist organization man passed away, but his dying wish jobs, but he’s wrong. It will kill jobs. could receive American taxpayer dol- was to make sure the dealership He never answered his own question: lars under the Democrats’ proposal. reached the half century mark. His Why don’t we produce those mirrors in To loan the IMF $108 billion, the U.S. widow promised to keep their dealer- the United States? Because our taxes will have to borrow the money from ship running at least through its 50th are high and regulations drive jobs other countries, like China. A loan of anniversary, which was just last week. overseas. this size to the IMF will put America Lewis Goodman Chrysler received a America, if the Democrats pass this further into debt, a cost that will be letter on May 15 informing them that cap-and-tax bill, get ready to pay more paid by our grandchildren and children, Chrysler was severing their relation- for electricity, a lot more. This cap- a point so well-pointed out by my col- ship. The letter gave no indication as and-tax scheme, better known as a na- league from Indiana. Also, according to to why this particular dealership was tional energy tax, if it becomes law, the Center for Economic and Policy targeted, just that the relationship was will cost $846 billion. That’s according Research, American taxpayers will ac- ending. to the Congressional Budget Office’s tually lose money by loaning it to the I visited Mrs. Goodman last week to latest estimate. The CBO is a non- IMF. While countries like China, Rus- celebrate the 50th anniversary. This is partisan organization. sia, Brazil, and India have announced a dealership that is profitable, partly Who’s going to bear the brunt of this they will not participate in loans, the because of selling preowned cars. It new national energy tax? Anyone who Democrats are asking Americans to employs dozens of people and has been turns the lights on, but it’s also going support this. loyal to them for years. It is exactly to be especially harmful for many of Finally, the American taxpayers are the kind of small family business that my constituents and all others who sick of bailouts in their own country. we in this House claim to want to help, work in manufacturing. How can Democrats rationalize a glob- not close. As companies adjust to this new en- al bailout? We all recognize that the economy is ergy tax, many will be forced to ship f not favorable to the auto industry jobs and the accompanying greenhouse AUTOMOBILE DEALER ECONOMIC right now and especially not in certain emissions overseas where energy costs sections of the country where the popu- RIGHTS RESTORATION ACT OF 2009 will be much lower. Many employers lation can no longer support an exten- will face the tough choice of outsourc- The SPEAKER pro tempore. The sive dealer network. We have already ing or going out of business altogether. Chair recognizes the gentleman from seen layoffs from parts manufacturers This destructive energy policy will kill New York (Mr. MAFFEI) for 5 minutes. in my district, plant closings, and a millions of American jobs and perma- Mr. MAFFEI. Madam Speaker, I rise Chapter 11 among one of their sup- nently send them overseas, and I and to ask Chrysler and General Motors to pliers. In this context, across central many others cannot support this. continue to honor their commitments New York 11 dealerships have closed on I want to quote from a report that to auto dealers in this country. Chrys- their own since 2007, and we expect to came out from the Ways and Means ler and GM should not deprive eco- see other dealerships consolidate and Ranking Member DAVE CAMP, who has nomic rights to profitable dealerships close this year. But we do not, in the based his comments on this CBO report across this country. middle of a recession, need to take a that’s come out. He says that, ‘‘The Yesterday, I joined with Representa- hatchet to local, family-owned busi- facts are plain and clear: Democrats in tive FRANK KRATOVIL of Maryland and nesses that have supported our commu- Congress are breaking the President’s introduced the Automobile Dealer Eco- nities for decades when market forces pledge not to raise taxes on working nomic Rights Restoration Act of 2009. are already at work. These dealerships families. The President has repeatedly The act claims to restore the economic employ hundreds of people across my stated married couples earning less rights of GM and Chrysler dealers as district. They sponsor our local little than $250,000 a year would not face they existed prior to each company’s league teams, our pancake breakfasts, higher taxes, but this legislation im- bankruptcy. We want to preserve GM and they buy ads in our local news- poses an energy tax on every American and Chrysler car dealers’ rights to re- papers and local TV newscasts. They

VerDate Nov 24 2008 23:55 Jun 09, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.009 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6315 have been the cornerstone of our com- worth of debt. This Nation can no stitutions and our banks. It is time we munity for generations. longer afford one more loan from China find answers to these problems rather I have also signed a letter with Con- as our credit rating teeters on the than continue to throw good money gressman CHRIS VAN HOLLEN, Majority brink of failure. after bad. Leader HOYER, and over 100 of our fel- This structural reform begins with f low Members, and we sent it to Presi- the executives that are tasked with dent Obama talking about our con- running these institutions, banks, and RECESS cerns, the total lack of transparency corporations. What this economic cri- The SPEAKER pro tempore. Pursu- and how this system is shutting down sis has taught us is that these CEOs ant to clause 12(a) of rule I, the Chair profitable dealerships. And we want to care more about their stock options, declares the House in recess until noon know, from both sides of the aisle, even at the expense of hiding fraudu- today. whether we can get more transparency lent assets and taking bogus risks to Accordingly (at 11 o’clock and 25 and an indication of how this, indeed, inflate their P&L statements. minutes a.m.), the House stood in re- saves money. Government-guaranteed bailouts and cess until noon. The auto companies, who are buoyed guaranteed bonuses allow these indi- f by taxpayer dollars, should be honest viduals to escape their poor decisions with the dealerships and with the and sidestep the economic hardship b 1200 American people about how these deci- that their risky choices have created AFTER RECESS sions are being made, and the dealer- for the average American family. ships should be negotiated with on how I believe this starts by giving inves- The recess having expired, the House to consolidate dealerships in a way tors and shareholders more trans- was called to order by the Speaker pro that will help to find a soft landing for parency into what occurs in corporate tempore (Mr. PETERS) at noon. the workers and communities, not just boardrooms. Shareholders and inves- f in my district, but across the country. tors need greater access to information PRAYER f to allow their confidence in company governance determine where their in- The Chaplain, the Reverend Daniel P. STATUS QUO IS NOT ACCEPTABLE vestment capital is best allocated. In Coughlin, offered the following prayer: The SPEAKER pro tempore. The addition, investors, regulators, and the Eternal God, yet ever-present to Chair recognizes the gentleman from American people need greater trans- Your believing people, give us the wis- Florida (Mr. STEARNS) for 5 minutes. parency into the daily operation of dom to use the time You give us wise- (Mr. STEARNS asked and was given Wall Street. It is nearly impossible for ly. permission to revise and extend his re- one to find information or records of a May we divide our time according to marks.) corporation’s credit default swaps— priorities, always in fair and appro- Mr. STEARNS. Good morning, who owns them, who backs them, who priate ways. Madam Speaker. I rise today to ask a has issued these complex financial May we share our time with those simple question that is on every Amer- tools? Vital information like this will who bring out the best in us or need ican’s mind; what has been done by help to prevent corporations from con- our attention the most. this administration and this Congress cealing this information in their books, And Lord, may we waste time only to fix the troubled economic system we what they owe and how much debt they while reflecting on Your many bless- have today? really are in? The same can be said ings or with those we love. While this administration continues with regard to the subprime mortgage For everything and everyone is such to pour trillions of dollars into a securities, what are they worth now? a gift. Amen. flawed financial system, continues to Furthermore, Madam Speaker, there f have Washington bureaucrats take con- is no such thing as ‘‘too big to fail.’’ trol over failed businesses, and con- These institutions must realize that THE JOURNAL tinues to appoint czar after czar to ex- every time they make an irresponsible The SPEAKER pro tempore. The ercise government control over our free decision or a risky bet, the Federal Chair has examined the Journal of the market system, the question still re- Treasury will not come to their finan- last day’s proceedings and announces mains, Madam Speaker, what has this cial rescue. Financial bailouts are a to the House his approval thereof. administration done to fix this broken slippery slope and set a dangerous Pursuant to clause 1, rule I, the Jour- system, and is it working? precedent. When the Federal Govern- nal stands approved. Government control is not the an- ment begins to arbitrarily pick winners swer, as our European neighbors have and losers, fairness, equality and the f figured out recently and spoken free market are tossed out the window, PLEDGE OF ALLEGIANCE through their elections to change their as evidenced by Bear Stearns’ govern- The SPEAKER pro tempore. Will the left-leaning programs and political re- ment bailout and Lehman Brothers al- gentleman from Alabama (Mr. GRIF- gimes. lowed failure. FITH) come forward and lead the House This economic crisis was created by a This administration, the Federal Re- in the Pledge of Allegiance. flawed system, a system that is in need serve, and the Federal Treasury must Mr. GRIFFITH led the Pledge of Alle- of structural reform. However, the ad- release their TARP records and dis- giance as follows: ministration’s answer to this glaring close in full how the bailout money has problem is to continue to throw more been spent, who the money has gone to, I pledge allegiance to the Flag of the United States of America, and to the Repub- money, taxpayers’ money, at the prob- and the reason why some received help lic for which it stands, one nation under God, lem, which essentially increases this and others were allowed to fail. This indivisible, with liberty and justice for all. country’s unsustainable debt and in- money belongs to the taxpayers; we f creases Federal bureaucratic control have a right to know. over all of our private institutions. For these and other reasons, I am MESSAGE FROM THE SENATE This country must stop the taxpayer- calling on this Congress and the admin- A message from the Senate by Ms. paid-for corporate welfare from being istration to have a series of com- Curtis, one of its clerks, announced handed out and simply return this prehensive hearings to determine what that the Senate has agreed to without economy to what has worked for over exactly happened, who was at fault, amendment a concurrent resolution of 200 years, a system that rewards people what is the best way to restructure the House of the following title: who take prudent risks and punishes this flawed system, and how are the those who take irresponsible risks. H. Con. Res. 109. Concurrent resolution taxpayers going to get their money honoring the 20th anniversary of the Susan We must return to being a frugal Na- back from these bailouts? G. Komen Race for the Cure in the Nation’s tion, one where the Federal Govern- Status quo is not acceptable, and nei- Capital and its transition to the Susan G. ment balances its budget, encourages ther is bailout after bailout, leading to Komen Global Race for the Cure on June 6, savings, and reins in the $12 trillion Federal bureaucratic control of our in- 2009, and for other purposes.

VerDate Nov 24 2008 23:55 Jun 09, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.010 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6316 CONGRESSIONAL RECORD — HOUSE June 9, 2009 The message also announced that the Affordable, accessible, quality health to address the House for 1 minute and Senate has passed a bill of the fol- care is something we are eager to de- to revise and extend her remarks.) lowing title in which the concurrence bate. We have the plans that will get Ms. LORETTA SANCHEZ of Cali- of the House is requested: there, and we hope that a competitive fornia. Mr. Speaker, I recently learned S. 256. An act to enhance the ability to marketplace allows more choices. of a situation concerning a constituent combat methamphetamine. f of mine, Randy Collins, whose ex-wife f abducted their son and went to Japan. SUPPORT THE SAFER GRANT The last time Randy Collins saw his FUNDING WARS AND MOVING JOBS PROGRAM son, Keisuke Christian Collins, was on OVERSEAS (Mrs. KIRKPATRICK of Arizona June 15, 2008. (Mr. KUCINICH asked and was given asked and was given permission to ad- According to the United States State permission to address the House for 1 dress the House for 1 minute.) Department’s Deputy Assistant Sec- minute.) Mrs. KIRKPATRICK of Arizona. Mr. retary for Overseas Citizens Services, Mr. KUCINICH. It is good our admin- Speaker, I rise in support of a bill I the United States has received notices istration is reaching out to the Muslim have introduced to help our brave fire- of 73 cases of parental abductions in- world. It is bad to spend another $100 fighters continue to protect us in these volving 104 children just for the coun- billion to keep wars going which will tough times. The SAFER Grant Pro- try of Japan. kill innocent Muslims in Iraq, Afghani- gram helps our fire departments hire Unfortunately, many people are not stan, and Pakistan. the staff they need by funding some of aware of the severity of this situation It is good we try to create an incen- the salaries of new firefighters. and how it affects so many American tive for people to buy efficient cars. It In a district like mine, where we are lives. Once taken to Japan, American is bad that vouchers will not be ex- fighting five wildfires as we speak, this parents are unable to see their children pressly for the purpose of purchase of program is crucial to ensuring our fire- because parental visitation rights are cars made in America. It is even worse fighters are well-staffed. With tight not recognized, they are not protected that we tie such an incentive to a war- budgets, the cost-sharing requirement by Japan, and abduction by one parent funding bill: cash for clunkers and in SAFER has become too tough for is not considered a crime. bunkers in the same bill; cash for more our fire departments to meet. Congress As an ally of the United States, I war in Iraq, Afghanistan, and Paki- waived that requirement in the Recov- urge the Government of Japan to sign stan; cash to help China sell its cars to ery Act, but did not include grants the 1980 Hague Convention on Civil As- Americans. from fiscal year 2008, which are still pects of International Child Abduction Meanwhile, back in the U.S. of A., being distributed. and respect the rights of our American My bill would extend the cost-shar- factories and auto dealers are closing. parents. ing waiver to fiscal year 2008, allowing People are losing their businesses, f our fire departments the flexibility their jobs, their homes, their health they need to keep us safe, especially YES, MR. PRESIDENT, WE ARE care, their investments, their retire- during our fire season. OUT OF MONEY ment security. (Mr. FLEMING asked and was given Who are these people who keep com- f permission to address the House for 1 ing up with these innovative ideas to DEMOCRAT PAYGO: YOU PAY, minute.) keep wars going and to move jobs out THEY GO ON SPENDING Mr. FLEMING. Mr. Speaker, in a re- of America? Who are these people? (Mr. PENCE asked and was given per- cent interview with C–SPAN, the Presi- f mission to address the House for 1 dent made the very telling statement, PROVIDING AFFORDABLE, ACCES- minute and to revise and extend his re- ‘‘We are out of money.’’ SIBLE, QUALITY HEALTH CARE marks.) Yes, Mr. President, as of April 27, Mr. PENCE. Mr. Speaker, later today this country ran out of money. And yet (Mr. BLUNT asked and was given President Barack Obama will push that has not stopped the liberals in permission to address the House for 1 Democrat lawmakers to follow pay-as- this Congress from passing record-set- minute and to revise and extend his re- you-go budget rules. PAYGO rules, as ting spending bills. These bills were marks.) they are known, in theory would re- sold to the American public as nec- Mr. BLUNT. Mr. Speaker, Repub- quire new Federal spending or tax cuts essary to stimulate the economy. licans are eager for this discussion, be offset by spending cuts or even tax Unemployment insurance claims this debate on health care to move for- increases elsewhere. Now, this may reached a record high for the 17th con- ward. We are eager to talk about sound reasonable to some Americans, secutive week and unemployment has health care in committee, on the floor, but the devil is always in the details, reached 9.4 percent, which he promised in hearings, at news conferences, wher- and the American people have reason would not happen upon signing this in- ever people want to talk about a health to be skeptical about newfound calls famous stimulus bill. The $1 trillion care system that ensures more quality, for fiscal responsibility from this ma- spending that was supposed to stem the widespread coverage, and accessibility. jority. economic recession was nothing more In fact, we have a plan that will be Under Democrat control, the Federal than the fulfillment of a very liberal based on five principles, and today I budget deficit is projected to approach political agenda. want to talk about one of those prin- nearly $2 trillion. In the last several Reckless spending, a total disregard ciples, which is just simply to make years, non-defense spending has in- for fiscal accountability, and rocketing quality health care coverage affordable creased by 85 percent. The President us into another inflation-debt spiral is and accessible for every American, re- and the Democrat’s budget just passed not the solution. Now, even Socialist gardless of preexisting health condi- will double the national debt in 5 years and Communist countries across the tions. That is a statement that almost and triple it in 10. And now calls for world are rebuking us for excessive every Member of this House I believe new budget rules? spending and government takeover of would agree with, and our debate is With Democrat plans for more bor- the economy. just simply how we get there. rowing, more spending, more bailouts, Bigger government is never the an- We need to be committed to get and more debt, the Democrat definition swer to America’s biggest challenges. there. We need to ensure that every- of PAYGO is all too clear to the Amer- American individualism, innovation, body has not just access to health care ican people: you pay, and they go on and ingenuity will, even after 200 because of certain Federal regulations. spending. years, remain the only way to eco- Everyone can get into a health care en- f nomic prosperity. vironment if there is a crisis, but we f want to be sure they have coverage BRINGING ABDUCTED AMERICAN that gets them into health care CHILDREN HOME THE ROAD TO RECOVERY through their entire life and through (Ms. LORETTA SANCHEZ of Cali- (Mr. CARNAHAN asked and was all the needs of their health care. fornia asked and was given permission given permission to address the House

VerDate Nov 24 2008 23:55 Jun 09, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.002 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6317 for 1 minute and to revise and extend Mr. GRIFFITH. Mr. Speaker, I rise Mr. Speaker, health reform must not his remarks.) today to honor the memory of Staff preclude man nor his best friend from Mr. CARNAHAN. Mr. Speaker, it has Sergeant Jeffrey Alan Hall. On June 1, access to quality health care. been barely over 100 days since the Re- 2009, Jeffrey was killed in action in Af- f covery Act was passed by this Congress ghanistan. As north Alabama mourns and signed into law by President this sudden, devastating loss, I would H.R. 1550, THE CONSUMER ASSIST- Obama. Since the recession began, like to recognize Staff Sergeant Hall ANCE TO RECYCLE AND SAVE Americans have understandingly been and his entire family’s sacrifice. (CARS) ACT OF 2009 worried about our Nation’s future and Jeffrey was an 8-year veteran of the (Mr. PETERS asked and was given their own economic future. United States Army, earning many permission to address the House for 1 Because of the Recovery Act, we have well-deserved awards and decorations, minute.) created and saved over 150,000 jobs, cut including two Army Commendation Mr. PETERS. Mr. Speaker, today the taxes for 95 percent of Americans, and Medals, the National Defense Service House will consider the CARS Act of made funds available for over 4,000 Medal, a NATO Medal, and a Global 2009. This legislation is critical, not transportation projects across the War on Terrorism Expeditionary only to spur growth in America’s auto country. We have made progress in a Medal. industry, but to save and create jobs short time, but there is still a lot more Staff Sergeant Hall is an inspiring throughout the economy. to do on the road to recovery. I com- example of someone we can all look up History shows that one of the mend President Obama on his efforts to to and inspire to be like. He put the quickest ways to end a recession is to speed up those efforts to get Americans safety of all Americans before his own, sell more automobiles. New car sales back to work even faster. and the people of this Nation will be constitute a major percentage of the The Department of Transportation is forever grateful. He motivated and in- Nation’s consumer spending, and in- quickly putting $27.5 billion to work spired those who were around him, and creasing vehicle sales also stimulates creating jobs in my home State of Mis- he will be greatly missed by all who demand for raw goods, from which souri and across the country to rebuild knew him, as well as those who never automobiles are manufactured. Pro- and repair highways, roads, and had the honor and privilege of meeting duction of glass, steel, plastics, and bridges. By the end of 2010, the funds other primary materials will be in- will have created or saved an addi- him. Our country has lost a great soldier creased as more new cars are sold, cre- tional 150,000 jobs. and an even better son. All of us in ating jobs throughout the economy. Investments in our national trans- Similar programs have shown proven portation system are critical to our north Alabama are deeply saddened by the loss of Jeffrey. On behalf of the en- results abroad. In Germany, sales were long-term economic success, and part boosted roughly 40 percent. Many other of getting there will be putting people tire community in the Tennessee Val- ley and across Alabama and the Na- nations have acted to strengthen their back to work rebuilding America on economies with policies designed to the road to recovery. tion, I rise today to join Huntsville Mayor Tommy Battle, the United sell more automobiles, and the U.S. f should not be left behind. States Army, and the family of Jeffrey We must pass the CARS Act today to CAP-AND-TRADE DESERVES TO Hall in honoring his service, memory, create a recovery, not just for our auto FAIL and life. industry, but for the entire economy. (Mr. CASSIDY asked and was given f permission to address the House for 1 f b 1215 minute and to revise and extend his re- U.S. JOURNALISTS ARE POLITICAL marks.) HEALTH CARE REFORM PRISONERS IN NORTH KOREA Mr. CASSIDY. Mr. Speaker, cap-and- (Mr. GINGREY of Georgia asked and (Mr. POE of Texas asked and was trade threatens to be a well-intended was given permission to address the given permission to address the House disaster. Under the ruse of reducing House for 1 minute and to revise and for 1 minute.) carbon emissions to clean the environ- extend his remarks.) Mr. POE of Texas. Mr. Speaker, two ment, cap-and-trade will hobble the Mr. GINGREY of Georgia. Mr. Speak- American journalists, Laura Ling and economy. By some estimates, it re- er, the government-run health care Euna Lee, are reporters for Current duces GDP by $9.6 trillion over two plan that my Democratic colleagues TV. They were in China near the North decades, eliminates 1.1 million jobs per are pushing will lead to health care ra- Korean border making a film about the year, and increases the Federal debt by tioning and, ultimately, months of horrible sex trafficking between North 26 percent. Electricity rates jump 90 wait time for patients seeking treat- Korea and China. The North Koreans percent, gas prices 74 percent, and nat- ment. claim they crossed the border illegally, ural gas prices 55 percent. Today, I want to read a testimonial so the Communist court sentenced Cap-and-trade is designed to disguise from a Canadian citizen who has expe- what it truly is, in the words of Mr. them to 12 years at hard labor. That’s rienced firsthand the ill effects of their some border enforcement policy. DINGELL, ‘‘a great big tax.’’ It imposes government-run health care. The conditions in these prison camps higher taxes on producers, so producers ‘‘When I came to the major hospital are harsh. Some reports say a quarter pass higher prices to consumers. The in downtown Toronto with appendi- authors are targeting the producers so of the inmates die of starvation every citis, I had to wait overnight until a year. The prisoners do backbreaking that the producers increase the prices doctor saw me, but they did not have a on consumers. If the authors targeted work in factories, coal mines and rice CAT scan machine available, so they consumers rather than the producers, paddies. They’re also used in experi- sent me home. I had to return to the it would connect them too much, and ments involving biological weapons. I hospital the next day, and at that time therefore, they must distance them- guess the Communists didn’t get the they rated me ‘less urgent.’ When I selves from the families who bear the memo on human rights. costs. asked them why, they told me I re- Now we hear that the journalists The authors know the effects. They ceived the less urgent rating ‘because I may have actually been kidnapped and are hiding from them. It is under- have not died yet.’ Again, it took many forcibly taken to North Korea. Any- handed, it is subterfuge, it deserves to hours before I was able to see the doc- way, they are being used as political fail. tor. Then I had to wait hours for an op- prisoners to try to force this adminis- erating room before I was told that f tration to give more concessions and only those who would otherwise cer- American money to North Korea. HONORING THE MEMORY OF tainly die would receive surgery. How- North Korea is starving. The Com- STAFF SERGEANT JEFFREY ever, the vet care in Canada is private, munist regime is bankrupt. But they ALAN HALL so there is nothing like this when it want to be able to sell nuclear tech- (Mr. GRIFFITH asked and was given comes to taking care of my dog. The nology to terrorist nations, so they’re permission to address the House for 1 doctor is always available for a dog, holding these journalists ransom until minute.) but not for a human.’’ they get their way.

VerDate Nov 24 2008 04:47 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.015 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6318 CONGRESSIONAL RECORD — HOUSE June 9, 2009 Mr. Speaker, the journalists should HEALTH CARE REFORM H. RES. 505, CONDEMNING THE go free, and the North Korean outlaws (Ms. EDWARDS of Maryland asked MURDER OF DR. GEORGE R. should take their place in that prison. and was given permission to address TILLER And that’s just the way it is. the House for 1 minute and to revise (Ms. HIRONO asked and was given f and extend her remarks.) permission to address the House for 1 RECOGNIZING THE NAVAJO CODE Ms. EDWARDS of Maryland. Mr. minute and to revise and extend her re- TALKERS Speaker, our current health care sys- marks.) tem is unsustainable. Working people Ms. HIRONO. Mr. Speaker, later (Mr. TEAGUE asked and was given go every day without care or struggle today the House will consider H. Res. permission to address the House for 1 to pay increasingly higher premiums 505, a bill that condemns the tragic minute.) and deductibles. In my home State of murder of Dr. George Tiller, and offers Mr. TEAGUE. Mr. Speaker, over the Maryland, 76.7 percent of the uninsured our condolences to his wife, four chil- Memorial Day recess, our Nation lost are from working families. dren and 10 grandchildren. two individuals that I consider to be Now, if a single-payer plan is not He was known as a doctor of last re- national treasures. Two marines that adopted by this Congress, which I sup- sort and a friend to women when they were known as ‘‘Navajo Code Talkers’’ port strongly, then we must have a ro- were in desperate need of support and passed away: John Brown, Jr., of Crys- bust public plan option like Medicare care. His murder in his church in Wich- tal, New Mexico, and his compatriot, to be enacted to reduce costs for small ita, where he served as an usher and Thomas Claw. Both were 87. businesses and individuals, provide where his wife sang in the choir, was a During World War II, the Marines re- true competition, and give patients the violent, lawless and senseless act. cruited members of the choice they deserve. A public plan op- At his memorial service this past for the specific purpose of devising a tion has to be available to all without Saturday, Dr. Tiller was remembered code that was based on the Navajo lan- exclusions. It must retain patient for his generosity of spirit and his guage. The Japanese were never able to choice and implement reforms that sense of humor. Let us also remember break the code, and the Code Talkers promote quality care, prevention, pri- him for his courage. were credited with helping save lives mary care, and chronic health care Mahalo nui loa (thank you very and contributing to the military suc- management. And importantly, a pub- much). cess in the Pacific theater. lic plan option must address health The Code Talkers’ contributions were care disparities in underrepresented f invaluable, and we should always be communities. IMPRISONMENT OF AMERICAN grateful for their service. They did so Mr. Speaker, this Congress and Presi- JOURNALISTS IN NORTH KOREA much, and their contribution can be dent will be judged by our ability to (Mr. ROYCE asked and was given per- summarized best by what John Brown construct a health care system that mission to address the House for 1 said when he was presented with the covers all Americans, lowers costs for minute.) Congressional Gold Medal: ‘‘We have everyone, and provides real and com- Mr. ROYCE. Mr. Speaker, news came seen much in our lives. We have seen petitive choice for health care. The yesterday that Laura Ling and Euna war and peace, and we know the value time for reform is now, and we can’t Lee, two American journalists held in of the freedom and democracy that this delay. great Nation embodies. But our experi- North Korea, and held there since f ence also reminds us how fragile these March, have been found guilty of ille- things can be and how vigilant we must THE CRISIS IN HEALTH CARE gally entering North Korea. They’ve be in protecting them.’’ (Mr. ROE of Tennessee asked and was been sentenced to 12 years of hard labor. These court proceedings were a f given permission to address the House for 1 minute.) cruel joke, nothing more than a kan- FISCAL RESTRAINT Mr. ROE of Tennessee. Mr. Speaker, garoo court. I know of no justice sys- (Mr. CHAFFETZ asked and was given it’s time we address the crisis in health tem in North Korea. The two should be permission to address the House for 1 care. We can ensure every American immediately released. minute and to revise and extend his re- can get the care they need, protect in- As if there were any doubts, the marks.) dividuals from costs that can bankrupt North Korean regime has shown its Mr. CHAFFETZ. Mr. Speaker, I hold them, and make health insurance port- true colors, a hostile regime bent on in my hand the voting card of the able so they can move or change jobs destroying the lives of its own citizens . Now, this is without losing health insurance cov- and others. the ultimate credit card. There’s no erage. We can also stop insurance com- Let’s be clear. These two wouldn’t limit and there’s no penalties. And it’s panies from avoiding sick patients by have been near North Korea were it not wrong. reforming the system to pay when peo- for the barbaric cruelty of its regime. Every time I hear a solution from the ple become healthier. Ling and Lee were convicted of so- Democrats, it’s about spending more. Enacting a public plan will not bring called ‘‘grave crimes.’’ It is the North We have got to stop running this coun- about this type of change. If you think Korean regime that commits real grave try on a credit card. The problems that you won’t be affected by a public plan, crimes against millions of North Kore- we face in this Nation, the challenges consider this: a recent analysis by the ans every day. that we face are not solved by charging respected independent firm The Lewin President Obama, himself, must things on the credit card. Group estimated that 70 percent of in- make it clear that this action cannot The American Dream is not about dividuals who have health care cov- stand. Now is the time for urgent ac- overspending and being in debt. It’s erage through their employer would tion. about hard work and perseverance and lose those benefits in favor of a public f liberty. Every time we add dollars to option. This plan could very easily be a this card, we take away that liberty. Medicaid-like plan. In fact, Senator OUR HEALTH CARE SYSTEM I urge my colleagues, come up with KENNEDY is proposing expanding Med- (Mr. HIMES asked and was given per- solutions that don’t include an in- icaid to families making up to $110,000 mission to address the House for 1 crease in spending. Cap-and-trade is a year in legislation he dropped yester- minute and to revise and extend his re- one of the largest tax increases in the day. marks.) history of the United States of Amer- When supporters of a public plan say Mr. HIMES. Mr. Speaker, it has be- ica. they want a public plan to compete come amply clear to all Americans, Please, let’s stop running this gov- with private plans, the facts show that North, South, Republican, Democrat, ernment on a credit card. Institute fis- what they’re really saying is they want rich, poor, that our health care system cal restraint, and remember that it’s a Washington bureaucrat to take over is not just a moral embarrassment to the people’s money. It’s not the Con- health care decisionmaking. Buyer be- the greatest country on Earth, but a gress’ money. ware. severe economic liability.

VerDate Nov 24 2008 23:55 Jun 09, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.045 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6319 Our auto companies and our corpora- minute and to revise and extend her re- too high, is improving and money is tions stagger under cost increases. Our marks.) starting to flow through the economy small businesses choose between cov- Ms. SPEIER. Mr. Speaker, we lost a and into our cities and municipalities ering their employees or taking a step lion of the labor movement and a true to improve our infrastructure and en- towards insolvency. And of course, son of San Francisco with the passing sure the safety of every American. health care costs are the leading cause of Ambassador Jack Henning. Jack The recovery bill has been at the core of bankruptcy for American families. spent the vast majority of his 93 years of this progress and has saved and cre- We cannot fix this economy without fighting for men and women in the ated jobs and made much-needed in- reforming our health care system. We fields, factories, and loading docks of vestments in my local district. For ex- cannot be fiscally responsible without America. The only thing he loved more ample, in my hometown of Utica, New addressing the stunning economic li- than telling labor stories to anyone York, the recovery bill provided the abilities that we have associated with who would hear them was telling them City of Utica with over $2 million for Medicare and other promises we have to those who didn’t. lead abatement in homes across the made. For 26 years, Jack was the driving city. This lead abatement program will The reforms that we are offering will force behind the California Labor Fed- put people to work and improve the offer a real choice of plans to small eration, but he served our country in health and quality of life for countless businesses in America. It will provide many ways. He was the director of the families. Without this recovery bill tax credits to small businesses, and it California Department of Industrial funding, the City of Utica would have will end the practice of insurance com- Relations under Governor Pat Brown, had to have continued to delay this panies denying coverage to Americans Under Secretary of Labor for President vital program because it is likely that who need it. Most importantly, it will Kennedy, and U.S. Ambassador to New they did not have the funding nec- emphasize prevention, wellness, and Zealand for President Lyndon Johnson. essary to proceed with these plans on patient-centered care. Mr. Speaker, my thoughts are with its own. The bottom line, reforming health Jack’s family and the millions of I will continue to fight for the recov- care to contain rising costs is the most Americans—most of whom never knew ery bill funding for critical projects in effective action we can take to return him—who earn a liveable wage, work my district, and I know that we will our Nation’s budget to balance and under safer conditions, and are able to see even more progress in all of our make our workers the most competi- take their child to a doctor because of communities as we all continue to tive in the world. the tireless passion of Ambassador work together to lead America out of f Jack Henning. this economic crisis. f f PATIENT-CENTERED SOLUTIONS A REAL WAY TO PEACE ENERGY (Mr. PRICE of Georgia asked and was given permission to address the House (Mr. STEARNS asked and was given (Mr. ELLISON asked and was given for 1 minute.) permission to address the House for 1 permission to address the House for 1 Mr. PRICE of Georgia. Mr. Speaker, minute and to revise and extend his re- minute and to revise and extend his re- today I draw attention to a vision for a marks.) marks.) new era of American health care, a Mr. STEARNS. Mr. Speaker, as Mr. ELLISON. Mr. Speaker, I rise clear path to provide access to afford- President Obama begins to wade into today to talk about the importance of able, quality care for all Americans. the Israel-Palestinian conflict, he must building a clean energy economy for There’s no doubt that our health care remember who our friends are. Israel is America. Americans are fed up with system is failing some of America’s pa- America’s most reliable and only the same tax breaks for oil companies tients. Now, some in this body believe democratic ally in the Middle East. that post record profits while working that the solution is giving greater con- Yet in his speech last week in Cairo families are stuck paying exorbitant trol over health care decisions to and in statements by his administra- prices at the pump. Americans want a Washington, a government takeover of tion, President Obama seems only to new energy economy, a green economy, personal health insurance. want to pressure Israel, while not re- to take us into the future, to take us Now, as a physician, I know that gov- quiring similar concessions from the into a carbon-neutral economy, to take ernment interference only harms pa- Palestinians and other Arab states. us into jobs, to take us into a future in tient access to health care. Real posi- Starting with the British Partition which we are not dependent upon the tive reform will only be achieved by Plan in 1937—when they were offered automobile for every transportational empowering patients, not government the western part of Palestine—then decision. and not bureaucrats. Positive reform again to the U.N. Partition Plan in The time has come to transform our starts with giving ownership of health 1947, to the Camp David talks in 2000, economy for decades to come. The time coverage back to the patient, not the and most recently in December of 2008, has come to create American jobs with government. Allowing individuals full the Palestinians have rejected every new, clean, American-made energy. control over their coverage will make plan to divide the land into inde- The clean energy jobs plan is the next insurers truly accountable to patients, pendent states. Each time their answer step in creating millions of American leading to greater choice, innovation, was ‘‘no.’’ jobs in clean energy, efficiency, and and responsiveness. No outside party, President Obama modernizing a smart electric grid. We Secondly, we must provide the proper included, can arbitrarily impose a can reduce our dependence on costly financial incentives so that there’s no peace agreement, nor can peace be oil, curb pollution, and create jobs. We reason to be uninsured. With tax re- achieved by setting conditions on just can do this. Yes, we can. form, not government mandates, we one party, Israel, which has been will- f ing to take the necessary and difficult can achieve universal access to care for FIX THE HEALTH CARE SYSTEM all Americans. steps towards peace and consider com- (Ms. JACKSON-LEE of Texas asked Mr. Speaker, Republicans have a promise. and was given permission to address positive, patient-centered prescription f the House for 1 minute.) for America that doesn’t result in a THE RECOVERY BILL Ms. JACKSON-LEE of Texas. Mr. government takeover. (Mr. ARCURI asked and was given Speaker, I rise to call out the siren and f permission to address the House for 1 the clarion call for fixing America’s b 1230 minute and to revise and extend his re- health care system. We urgently need marks.) to fix it, and we realize that if you’ve HONORING THE LIFE OF Mr. ARCURI. Mr. Speaker, it is unde- got it, you like it, you can keep it. AMBASSADOR JACK HENNING niable that we have seen many positive We need to get a system that will (Ms. SPEIER asked and was given signs in our economy since January. allow those that are underinsured and permission to address the House for 1 The unemployment rate, while still far without insurance to be able to be

VerDate Nov 24 2008 03:46 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.018 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6320 CONGRESSIONAL RECORD — HOUSE June 9, 2009 cared for in this Nation. We need to re- Resolved, That the House of Representa- viders, including doctors and the peo- duce the serious health disparities. We tives— ple who staff their clinics, is well- need to also ensure that there is a pub- (1) offers its condolences to Dr. Tiller’s known. Bombings, shootings, van- lic option, that there is universal ac- family; and dalism, and harassment all serve to cess to health care. Make it a good (2) commits to the American principle that warn women and their health care pro- tolerance must always be superior to intoler- Medicare plan that helps the young, ance, and that violence is never an appro- viders that they may pay a terrible the old, and the working Americans. priate response to a difference in beliefs. price if they choose to avail themselves In addition, we need to be fair to how of their rights under the Constitution. The SPEAKER pro tempore. Pursu- we pay for it. We need to realize that This was not the first time a health ant to the rule, the gentleman from physician-owned hospitals are not the care provider was similarly targeted. I enemy. In fact, they help to, in es- New York (Mr. NADLER) and the gen- am sure every Member of this House sence, bring down health disparities. tleman from North Carolina (Mr. and every decent American, however Many physician-owned hospitals or in- COBLE) each will control 20 minutes. they may feel or whatever they may vestor-owned hospitals with doctors in- The Chair recognizes the gentleman believe on the question of abortion, volved are in the urban and rural areas from New York. will insist that this and every other where no other hospitals would go. GENERAL LEAVE question must be decided by our legal, Let’s fix this system in a fair manner Mr. NADLER of New York. Mr. constitutional, and democratic proc- that addresses the question of making Speaker, I ask unanimous consent that esses and not by murderous violence. I sure the 47 million-plus who are under- all Members have 5 legislative days in am sure we all condemn those people or insured and those without insurance which to revise and extend their re- groups who espouse or excuse domestic can have a good public option, can as marks and include extraneous material terrorism. well have a fair system of good doctors on the resolution under consideration. But while violence has long been di- and have good hospitals and make it The SPEAKER pro tempore. Is there rected at the clinics and the people work for working Americans and oth- objection to the request of the gen- who work there, this time the killer ers who are in need. tleman from New York? chose, in addition, to invade the sanc- f There was no objection. tity of the Sabbath. Murderous intoler- ANNOUNCEMENT BY THE SPEAKER Mr. NADLER of New York. I yield ance is never justified; even so, the PRO TEMPORE myself such time as I may consume. idea of bringing death and mayhem to Mr. Speaker, I rise in support of a house of worship strikes all people as The SPEAKER pro tempore (Mr. House Resolution 505, which condemns particularly reprehensible. These acts BLUMENAUER). Pursuant to clause 8 of the murder of Dr. George Tiller, who include the murder of an Illinois pastor rule XX, the Chair will postpone fur- was shot to death at his church on May in the pulpit in March of this year; the ther proceedings today on motions to 31. The resolution also offers the con- murder of an Ohio minister in Novem- suspend the rules on which a recorded dolences of the House of Representa- ber of last year; the murder of an usher vote or the yeas and nays are ordered, tives to Dr. Tiller’s family. I know that and a guest during a children’s play in or on which the vote incurs objection Dr. Tiller and his family are in the a Tennessee church in July of last under clause 6 of rule XX. year; the murder of four family mem- Record votes on postponed questions thoughts and prayers of every Member bers in a church in Louisiana in May will be taken later. of the House today. I want to commend our colleague, 2006; and the shooting of a worshipper f the distinguished chairperson of the outside a synagogue in Florida in Octo- CONDEMNING THE MURDER OF DR. Rules Committee, my fellow New York- ber 2005; not to mention the attempted GEORGE TILLER er, Ms. SLAUGHTER, for introducing this bombings of two synagogues in River- Mr. NADLER of New York. Mr. resolution. dale in the Bronx just a few weeks ago. Speaker, I move to suspend the rules It is imperative that the House of Whether these acts of violence target and agree to the resolution (H. Res. Representatives speak with a united one individual or an entire community 505) condemning the murder of Dr. voice in condemning this crime. It is a of faith, we must all join together and George Tiller, who was shot to death at sad reminder that medical personnel speak out against them. his church on May 31, 2009. are still at risk from armed extremists I urge all of my colleagues to stand The Clerk read the title of the resolu- who are willing to resort to deadly vio- up to those who would bring their reign tion. lence in order to advance their causes of terror into a house of worship and The text of the resolution is as fol- even when they cloak their cause in those who would seek to change Amer- lows: the language of life. There can never be ican law by violence and unconstitu- tional means to express their oppro- H. RES. 505 room in a free society for the use of brium of this conduct by supporting Whereas Dr. George Tiller was murdered in deadly violence to advance a cause. It Wichita, Kansas, on May 31, 2009; is against everything this country this resolution condemning the murder Whereas Dr. Tiller is mourned by his fam- stands for. I have no doubt there isn’t of George Tiller and extending the con- dolences of this House to the members ily, friends, congregation, community, and a single Member of this House who colleagues; of Dr. Tiller’s family. would disagree. Whereas Dr. Tiller, 67, was killed in his I urge my colleagues to support this place of worship, a place intended for peace This resolution renews our commit- resolution, and I reserve the balance of and refuge that in a moment became a place ment to the American principle that my time. for violence and murder; tolerance must always be superior to Mr. COBLE. I rise in support of the Whereas places of worship should be sanc- intolerance and that violence is never House Resolution 505, Mr. Speaker. I tuaries, but have increasingly borne witness an appropriate response to differences yield myself such time as I may con- to reprehensible acts of violence, with 38 peo- and belief. ple in the United States killed in their place sume. As deplorable as this murder was, it I support House Resolution 505 which of worship in the past 10 years and 30 people was all the more reprehensible because wounded in those same incidents; deplores the murder of Dr. George Till- Whereas these acts of violence include the the victim was targeted as he was leav- er who was shot to death at his church, murder of an Illinois pastor at the pulpit in ing church. In the past 10 years, 38 peo- as has already been mentioned, on May March 2009, the murder of an Ohio minister ple have been murdered in their place 31. I join with the National Right to in November 2008, the murder of an usher and of worship and 30 more have been Life Committee, the Nation’s largest a guest during a children’s play in a Ten- wounded. pro-life group, in condemning the kill- nessee church in July 2008, the murder of Dr. Tiller was a controversial figure. ing of Dr. Tiller. As that organization four family members in a church in Lou- He was the target of threats and even a correctly said, Anyone who works to isiana in May 2006, and the shooting of a wor- prior shooting because of his dedica- shipper outside a synagogue in Florida in Oc- increase respect for human life must tober 2005; and tion to providing needed, if unpopular, oppose any unlawful use of violence Whereas violence is deplorable, and never services. He was murdered solely be- that is directly contrary to that goal. an acceptable avenue for expressing opposing cause of the work he did. The contin- Because I believe everyone who is the viewpoints: Now, therefore, be it ued violence directed at abortion pro- victim of unlawful violence should be

VerDate Nov 24 2008 03:46 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.075 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6321 treated equally under the law, I voted churches that we have taken no note of sician and father. It is a senseless trag- against the so-called hate crimes bill in the House of Representatives. As edy, and so I offer this resolution and when it was brought up on the House mentioned, 68 persons have been shot, hope that all Members of this House floor earlier this year. The resolution dead, wounded or assaulted in violence will say ‘‘no more.’’ we are now debating and another we in religious institutions here in the Mr. NADLER of New York. Mr. will debate today recognize what United States. This is more than de- Speaker, how much time do I have left? should be obvious to all, which is that plorable. The SPEAKER pro tempore. The gen- anyone can be the victim of hate-in- Deepening the tragedy is the fact tleman from New York has 12 addi- spired crimes and that the perpetrators that, until now, there has been no ex- tional minutes. of those crimes should be equally con- pression of outrage decrying violence Mr. NADLER of New York. I now demned and punished. in a place of worship. It shakes the yield 2 minutes to the distinguished I urge, Mr. Speaker, all of my col- foundations of our communities, our gentlelady from Colorado (Ms. leagues to join me in supporting this principles, and our Nation. It is not a DEGETTE). resolution. Christian issue or a Jewish issue or an Ms. DEGETTE. Mr. Speaker, our soci- I reserve the balance of my time. Islamic issue or any one faith. It is a ety has too often, recently, devolved Mr. NADLER of New York. Mr. test of what we as a society are willing into violence to address controversy. The murder of a doctor, who was be- Speaker, I yield 4 minutes to the dis- to tolerate and a reminder that some loved by his family, trusted by his pa- tinguished gentlewoman from New people in this Nation do not respect the tients, and respected by his commu- York (Ms. SLAUGHTER), the chairperson sanctity of a house of worship. nity, is never an acceptable form of ex- of the Rules Committee. The brutal killing of Dr. Tiller was pression. While virtually all estab- Ms. SLAUGHTER. Mr. Speaker, the latest church killing. In March of lished groups have condemned this act, today I want to speak about the sense- 2009, Rev. Fred Winters was killed some individuals are still threatening while at the pulpit by gunfire at the less killing of a good man as he was violence against the health care pro- First Baptist Church in Illinois. It was volunteering as an usher among family viders they disagree with. The message and friends in his place of worship. Dr. only after the gun malfunctioned that to those people needs to be unequivocal George Tiller got shot to death, as members of the congregation subdued and it needs to be unanimous: We will most of us know, at his church in the shooter to prevent further fatali- not condone violence in any form, and Wichita, Kansas, on May 31. A single ties. those who perpetrate it will be pros- Rev. Donald Fairbanks, Sr., was fa- gunshot fired by a man who apparently ecuted to the fullest extent of the law. has a long history of animosity to a tally shot at the Ninth Street Baptist Mr. Speaker, we must have a civil woman’s right to choose ended the life Church of Covington, Kentucky, in No- discourse in this society, and this is of a man who had dedicated his life to vember of 2008. He was visiting from something we all have to strive for to- helping others and was a stark re- his Cincinnati, Ohio, church to attend gether. I know that we on our side of minder to all of us of the raw emotion a funeral for a woman with relatives in the aisle and my colleagues on the surrounding this issue. his congregation. Grief turned to fear other side of the aisle all believe this. In the days since the arrest of the as the gunman opened fire in the We need to put it into action. shooter, we have now heard reports church. I will say that Dr. George Tiller is that even more violence may be In July 2008, an usher and a guest survived by his wife, Jeanne, their four planned against doctors who believe in were shot and killed during the open- children and their 10 grandchildren. I choice. And while this kind of violence ing act of a children’s play in Knox- think the saddest thing about all this is deplorable, it seems to me that this ville, Tennessee. This time, the gun- and the thing that personalizes it the act is particularly villainous because it man walked into the sanctuary car- most is that Jeanne called Dr. Tiller took place in a house of worship. rying a guitar case with a 12-gauge ‘‘Buddy.’’ And the reason she called shotgun. He is said to have fired over 40 b 1245 him Buddy was because he was her best shots, killing two and injuring seven. friend. This church, a place where people In May 2006, five family members Mr. Speaker, the mark of a civilized come together to seek peace, safety, were killed by a gunman who opened society must be civil discourse. We and protection, was in an instant fire during a church service at The cannot lose one more of someone’s best transformed into a place of shocking, Ministry of Jesus Christ Church in friend because of this lack of civility. senseless violence. Baton Rouge, Louisiana. A whole fam- Mr. NADLER of New York. Mr. Our places of worship are meant to be ily was wiped out, and the shooter’s Speaker, I now yield 11⁄2 minutes to the peaceful refuges for those who seek se- wife was abducted from the church and distinguished gentlelady from Texas renity in times of turmoil and safety in killed nearby. (Ms. JACKSON-LEE). times of hostility. The sanctity of One of the most upsetting church Ms. JACKSON-LEE of Texas. I thank these places is honored at all times and killings in recent memory occurred in the distinguished chairman and the au- without regard to denomination. There 1999 when a lone gunman massacred thor of this legislation, the distin- should be no exception to this rule that seven worshippers and wounded seven guished gentlelady from New York (Ms. we are taught early and that provides others at a youth celebration—150 SLAUGHTER), chairman of the Rules us with a structure for our interaction teenagers strong—that was taking Committee. And I rise to simply say to with other faiths and beliefs. Only the place in the sanctuary of the this House and to America, enough is most evil can bring violence into these Wedgewood Baptist Church in Fort enough. sacred buildings. To defile houses of Worth, Texas. The assault was one of I am delighted that we have heard worship with bloodshed is nothing less the worst ever, and I know there was a the majority of pro-life organizations, than villainous, and we should not tol- tremendous sense of loss after that who are Americans as well, denounce erate such actions in a civilized soci- awful act. this horrific act. My deepest sympathy ety. Why doesn’t America care about to Dr. Tiller’s wife and children and For millennia, into the Middle Ages, this? Why have we said absolutely grandchildren, but I think it is not our churches, synagogues, mosques, nothing about it? Why are we now al- enough to offer our sympathy; it is a and others have been the center of lowing concealed weapons to be carried requirement that we denounce this communities, places of scholarship, in Federal parks where, frankly, I hope with every fiber of our body. proponents of peace and love among most people will not be able to go in In addition, I think it is important, humankind. There is more to a place of any notion that they might come out as we go forward, that right-to-life or- worship than its physical presence; of there alive. ganizations learn to respect the First there is a sense of community and ac- Dr. Tiller’s family held a memorial Amendment, and certainly the sanctity cord and safety where worshippers can service for him over the weekend after of a house of worship. It is important share their faith. But when you look at his burial on Friday, and he was re- to note that Dr. Tiller is not and was our recent history, what we have seen membered by all four of his children not a criminal, did not perform crimi- is a disturbing rise in violence at for his care and devotion as both a phy- nal acts, but responded to women who

VerDate Nov 24 2008 03:46 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.024 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6322 CONGRESSIONAL RECORD — HOUSE June 9, 2009 willingly came into his office with the Violence, especially murder, should Nation. He had long been a target of vi- counsel of their family and a religious never be a recourse for differences in olence and hate because he provided leader and made a decision addressing beliefs. So I ask my colleagues to join legal abortions, he provided medical the question of their health and the me in condemning acts of violence and care to women in need. Any time a doc- concerns of their family. Many of those intolerance. And I ask that we resolve tor has to put his life on the line to women who came to Dr. Tiller wanted to honor the memory of Dr. George provide medical care it has a chilling to have children, were praying for chil- Tiller, a physician and a man of God, effect on Americans’ ability to get the dren, and were able to have children by working harder than ever to pro- medical care that they need. and give birth to a healthy child there- mote tolerance and to promote non- The consequences of Dr. Tiller’s mur- after. violence. I urge all of my colleagues to der are a tragedy not only to his fam- I am concerned that the alleged per- stand unanimously and vote in favor of ily, not only for women in Kansas, but petrator now incarcerated and held in this resolution. for women everywhere, especially in jail is continuing to make threats Mr. NADLER of New York. Mr. areas of our country where there are against those who are trying to both Speaker, I now yield 1 minute to the relatively few medical providers. Dr. abide by the law but serve the needs of distinguished gentleman from New Tiller is the eighth abortion provider more than 51 percent of America. Yes, York (Mr. TONKO). to be murdered since 1977, and he was we know there is opposition to abor- Mr. TONKO. Mr. Speaker, I rise one of just seven doctors in the entire tion. None of us stand here as abortion today in strong support of the resolu- State of Kansas. proponents. What we stand here as is tion before the House sponsored by my Where will women go for the medical simply individuals who believe in very good friend, Representative LOU- help that they need? We have seen choice, prayerfully believe in choice. ISE SLAUGHTER, condemning the sense- throughout history that hate is not Therefore, I am asking for full support less killing of Dr. George Tiller. just ugly, it can be deadly. I hope that for this initiative to denounce the kill- Dr. Tiller, as we have heard, was leaders on both sides of this debate will ing of Dr. Tiller, but I am also saying gunned down while serving as an usher look at the savage killing of Dr. Tiller enough is enough. during church services last week. We and call to account those who would Mr. NADLER of New York. Mr. are blessed in this country to have the use hate, intolerance, and fear to di- Speaker, I now yield 1 minute to the freedom of speech, freedom of assem- vide us. distinguished gentlelady from Illinois bly, and freedom to protest. Our coun- My heart goes out to Dr. Tiller’s fam- (Ms. SCHAKOWSKY). try has a rich history of nonviolent ily and friends, and my prayers are Ms. SCHAKOWSKY. Mr. Speaker, I protests from the women’s rights with them. rise in support of House Resolution 505 movement to the civil rights move- Mr. NADLER of New York. Mr. honoring the life of Dr. George Tiller ment to the gay rights movement. Dr. Speaker, I now yield 1 minute to the and condemning his brutal murder at Martin Luther King, Jr., preached non- distinguished gentlelady from New church. I thank Representative violence, and his great movement heed- York (Ms. SLAUGHTER). SLAUGHTER for this resolution. ed this call in the face of unspeakable Dr. Tiller was a husband and a father. b 1300 He studied at the University of Kansas acts of violence from their opposition. This shooting is, in the words of the Ms. SLAUGHTER. I thank my col- School of Medicine and served his New York State Catholic Conference, a league Mr. NADLER for yielding. country as a United States Navy flight I want to close my portion here by surgeon intern. Despite attacks and terrible perversion of what it means to be pro-life. While we may have dif- reminding people what a terrible thing threats against him, he continued to that has happened in this country to a serve as a tireless advocate for wom- ferent views of this issue, no side should resort to atrocious acts of vio- man who was simply doing what he was en’s health and women’s rights. On allowed to do, what he was trained to May 31, he was brutally gunned down lence such as this. Since 1977, there have been more do. in broad daylight in his place of wor- I think perhaps I should state for the ship by an extremist who took the law than 5,800 reported acts of violence against providers like Dr. Tiller. Since record, too, that third trimester abor- into his own hands. Enough is enough. tions are less than 1 percent, and even It is time for us to condemn this act of 1993, eight people have been murdered, and there have been 17 attempted mur- Roe v. Wade says that after the first violence and state forcefully that we trimester the State has an interest and will not condone murder, threats, or ders since 1991. Clinics like Dr. Tiller’s that it takes two doctors, as well as it intimidation in the future. over a 20-year span have been bombed does for the third trimester. These are In addition to my condolences to Dr. 41 times and faced 175 arsons and 96 at- Tiller’s family, I extend my gratitude tempted bombings and arsons. oftentimes babies that have been des- to them for his life, his courage, his I understand that this is a passionate perately wanted and planned, but in unyielding support for women, their issue for both sides, but we cannot order to save the health of the mother health, and freedom to exercise their allow this to continue. or to prevent her from carrying a toxic constitutional rights. Mr. NADLER of New York. Mr. fetus that has already expired, it is Mr. NADLER of New York. Mr. Speaker, I now yield 2 minutes to the sometimes necessary to do this. It is Speaker, I now yield 1 minute to the distinguished gentlelady from New not a whim. It is not something that distinguished gentlelady from Cali- York (Mrs. MALONEY). women do. I think, if anything, what fornia (Mrs. CAPPS). (Mrs. MALONEY asked and was given insults my intelligence and my feeling Mrs. CAPPS. I thank my colleague permission to revise and extend her re- as a woman and a grandmother is the for yielding. marks.) notion that women will just wake up Mr. Speaker, I rise in strong support Mrs. MALONEY. I thank the gen- one morning and say, Well, I’ve had of House Resolution 505, with deepest tleman for yielding and for his leader- enough. That just does not happen. sympathy for the family and loved ones ship. Women are, by nature, nurturers, and of Dr. George Tiller and in strongest Rochester, New York, has histori- we are just not like that, and it’s a condemnation of his murder. cally given this Nation some of our major insult to us. Murder in any setting is horrific. It greatest women leaders: Elizabeth But as we remember this killing and is unconscionable but to commit a hei- Cady Stanton, Susan B. Anthony, and affirm the need for peace in our places nous crime of violence inside a place of LOUISE SLAUGHTER. With this bill that of worship, let’s remind ourselves of worship that teaches a message of tol- she authored, she is one of the strong- the need for tolerance and kindness. I erance and nonviolence is especially est links in leading women in this offer this resolution and offer the most reprehensible. Dr. Tiller was guiding country and protecting our rights. We sincere condolences to the family. worshippers to their seats and his wife thank you, LOUISE, for your continued The SPEAKER pro tempore. The was singing in the choir when he was leadership. time of the gentlewoman has expired. gunned down. This is so precisely the The horror that played out inside a Mr. NADLER of New York. I yield an opposite of where humanity should be Wichita church, the murder of Dr. Till- additional 30 seconds to the gentle- in 2009. er, is a wound to the conscience of this woman.

VerDate Nov 24 2008 03:46 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.076 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6323 Ms. SLAUGHTER. The resolution af- tion, of intimidating doctors from Mr. QUIGLEY. Mr. Speaker, I rise today in firms that the House of Representa- availing themselves of their constitu- support of H. Res. 505, condemning the mur- tives commits to the American prin- tional right to perform medical proce- der of Dr. George Tiller. ciple that tolerance must always be su- dures that are legal and that they be- Dr. George Tiller was murdered in Wichita, perior to intolerance. lieve are moral by threats of murder Kansas, on May 31, 2009. Dr. Tiller was 67 I urge Members to join me in sup- and mayhem. years old, a father, a husband and a friend, porting this to renounce nefarious vio- I was glad to hear Mr. SMITH say that and was killed in his place of worship, a place lence in our places of worship where the pro-life movement is nonviolent, intended for peace and refuge that in a mo- Americans seek sanctuary. Violence is and I’m sure that most of it is. But, un- ment became a place for violence and murder. deplorable and never an acceptable av- fortunately, it is clear that there are As stated in H. Res. 505, in the past 10 enue for expressing opposing view- some people, a small minority, who be- years, 38 people in the United States have points. lieve themselves part of the pro-life been killed in their place of worship with 30 Mr. COBLE. Mr. Speaker, I yield 2 movement who are not nonviolent. And more sustaining wounds in those same inci- minutes to the distinguished gen- these people have engaged in such con- dents. This violence is deplorable, and never tleman from New Jersey (Mr. SMITH). duct and have murdered several pro- an acceptable avenue for expressing opposing Mr. SMITH of New Jersey. I thank viders of abortion simply for doing viewpoints. my good friend for yielding. what they believe to be the right thing, I join the author of this bill, Congresswoman Mr. Speaker, the pro-life movement what I believe to be the right thing, CAROLYN MALONEY, in offering my condo- is absolutely nonviolent and is totally and, more importantly, what the law lences to Dr. Tiller’s family, and commit to the committed to protecting unborn chil- allows them to do, and to intimidate American principle that tolerance must always dren and their mothers through peace- other people from doing this. be superior to intolerance, and that violence is ful, nonviolent means. I have been in This resolution, which I trust every never an appropriate response to a difference the pro-life movement for 37 years, and Member of this House will vote for, in beliefs. those peaceful, nonviolent means in- says that we do not believe in trying to It’s nearly impossible to find comfort after clude legal and constitutional reform change the law by violence. We do not such a senseless and horrific act, and I extend as well as tangibly assisting women believe in domestic terrorism, defining my deepest condolences to the Tiller family with crisis pregnancies. ‘‘terrorism’’ as an attempt to change and all those families whose lives he touched. Dr. Tiller’s murderer must be the law through murder and violence Like many others, Dr. Tiller persevered brought to swift justice commensurate and mayhem. We believe in constitu- through decades of threats and attacks, and I with the heinous crime that he has tional processes. And if every single condemn anyone who takes action or makes committed. one of us does not believe in that, then statements to incite violence as an acceptable Murder is murder. Murder is never we have no moral superiority over the response. justified and can never be condoned by terrorists that we condemn around the Ms. HIRONO. Mr. Speaker, I rise today in any society committed to fundamental world. support of H. Res. 505, which condemns the human rights, justice, and the rule of So I trust everyone will vote for this tragic murder of Dr. George R. Tiller of Wich- just law. resolution to express our horror of ita, Kansas. I would like to thank the author of what was done in this instance, to ex- Let me, as well, like my other col- the bill, Congresswoman LOUISE SLAUGHTER press our belief that social change, if leagues on the floor today, extend my and Judiciary Chairman JOHN CONYERS for profound condolences to the Tiller fam- necessary, will be brought about by their expeditious work in bringing this bill to ily. peaceful democratic debate and by the floor. Mr. NADLER of New York. Mr. votes, not by bullets, and that this We mourn the loss of Dr. Tiller, a husband, Speaker, I reserve the balance of my country stands for the evolution of law father of four, and grandfather of ten. We also time. by debate and by consideration and by mourn the loss of a man who was a friend to The SPEAKER pro tempore (Mr. democratic means. I urge everyone to women and young girls around the world, who CLAY). Without objection, the gen- vote for this resolution. he saw through their most desperate hours of tleman from California (Mr. ISSA) con- Ms. LEE of California. Mr. Speaker, I rise in need. trols the balance of the time of the strong support of H. Res. 505. Dr. Tiller, born and raised in Wichita, was gentleman from North Carolina (Mr. Like the vast majority of people throughout the son of a physician. In medical school, Dr. our nation, I was appalled by the unconscion- COBLE). Tiller planned to become a dermatologist. There was no objection. able act of violence that took the life of Dr. After his father, mother, sister, and brother-in- Mr. ISSA. Mr. Speaker, I yield back Tiller at his place of worship. law died in a 1970 plane crash, he returned to I offer my deepest and most sincere condo- the balance of my time. Kansas to close his father’s family practice. lences to the family and many friends of Dr. PARLIAMENTARY INQUIRY His father’s patients pleaded with him to return Tiller. My thoughts and prayers are with them Mr. NADLER of New York. Mr. and take over the practice. Eventually, his clin- as they struggle with this tremendous loss. Speaker, parliamentary inquiry. Dr. Tiller was a medical pioneer who, for ic evolved from general family practice to fo- The SPEAKER pro tempore. The gen- two decades, worked to provide the highest cusing on reproductive services. tleman may state his inquiry. quality of care to his patients. Acts of terror and intimidation were an all Mr. NADLER of New York. Does that Despite encountering constant harassment too common occurrence at his clinic. In 1986, mean the gentleman has declined his and threats Dr. Tiller remained committed to Dr. Tiller’s clinic, the Women’s Health Care right to a closing? providing abortion services and other repro- Services, was bombed. In 1991, it was block- The SPEAKER pro tempore. The gen- ductive care to women and their families. aded for six weeks. In 1993, Dr. Tiller was tleman has yielded back his time. Often times, Dr. Tiller provided these serv- shot in both arms while trying to enter the clin- Mr. ISSA. I’m declining on this bill. ices to women during the most challenging ic. In May 2009, vandals cut wires to security I will pick up on the next one. Thank and heart-wrenching of circumstances. cameras and made holes in the clinic roof. you. The shooting death of Dr. Tiller is an affront Dr. Tiller was murdered on Sunday, May 31, Mr. NADLER of New York. Mr. to all physicians who provide abortion and re- 2009. He was shot in his place of worship, the Speaker, I yield myself the balance of productive care to women; it’s also an affront Reformation Lutheran Church. Dr. Tiller my time. to a woman’s right to choose. served as an usher and his wife, Jeanne, Mr. Speaker, this resolution con- Moreover his death was an affront to our sang in the choir. demns the murder of Dr. Tiller. It con- nation’s rich religious and democratic tradi- I would like to insert into the RECORD an ar- demns the murder of people who are tions. ticle by Judith Warner that was published in murdered in church and places of wor- No matter which side you may stand on in her New York Times blog. One of Dr. Tiller’s ship. It condemns the practice, and it regards to protecting a woman’s right to cases mentioned by Ms. Warner, that involv- has become a practice, of seeking to choose, we can and should all agree that vio- ing a 9 year-old girl who had been raped by change the laws of this country, of lence has no place in our political discourse. her father, is particularly haunting. seeking to intimidate women from I thank my colleague Ms. SLAUGHTER for au- This child was 18 weeks pregnant and her availing themselves of their rights, of thoring this resolution, and I urge all my col- small body just would not be able to physically their constitutional right to an abor- leagues to vote in favor of its passage. bear the burden of labor and delivery. There

VerDate Nov 24 2008 04:47 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 7634 Sfmt 9920 E:\CR\FM\K09JN7.027 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6324 CONGRESSIONAL RECORD — HOUSE June 9, 2009 was no doctor or hospital in her rural, South- fairy tale where there are no fetal complica- the laws are enforced, you don’t see violence ern town that would provide her with an abor- tions, there’s no cancer, no terrible abuse of escalate. Protesters generally go someplace tion. She was referred to Dr. Tiller, the doctor girls, no cases where to make a girl go all where there’s a more hospitable climate,’’ the way through a pregnancy is to destroy she told me. But, she added, in a lot of com- of last resort. Dr. Tiller took her case for free. her. These are the realities of the story. munities, law enforcement views clinic vio- He kept her under his personal care for three That’s what Dr. Tiller worked with—the re- lence as a political problem. ‘‘They don’t days. The young girl and her sister stated that alities.’’ view it for what it is: criminal activity out- even in this difficult and heart-wrenching situa- There was a great deal of emotion in the side of a commercial establishment,’’ she tion, he could not have been more wonderful air this week as the reality of Tiller’s death said. ‘‘Law enforcement can’t treat this as a in his care. set in. Much of it was mournful, some was political issue. It’s a criminal issue.’’ On Saturday, memorial services were held celebratory, some was cynical and self-serv- We as a nation cannot continue to provide ing. a hospitable environment for the likes of for Dr. Tiller. His family and friends remem- There were the requisite expressions of dis- Roeder because the thought of what happens bered him for his generosity and his sense of approval and disavowal by politicians from to fetuses in late abortions turns our stom- humor. Let us also remember him for his cour- both sides of the abortion divide. And yet it achs. We have to accept that sometimes ter- age. seemed to me that even from pro-choice poli- rible things happen to young girls. We have Mahalo nui loa (thank you very much). ticians, the response was muted. In death, as to face the fact that sometimes desired preg- [From the New York Times, June 4, 2009] in life, no one wanted to embrace this man nancies go tragically wrong. We have to who had specialized in helping women who weigh our repugnance for late abortion DR. TILLER’S IMPORTANT JOB learned late in their pregnancies that their against the consequences for women and (By Judith Warner) fetuses had gross abnormalities. girls of being denied life-saving medical The 9-year-old girl had been raped by her It seemed that no one wanted to be too treatment. father. She was 18 weeks pregnant. Carrying closely associated with the muck and mire of Only a tiny handful of doctors in this coun- the baby to term, going through labor and what Tiller had to do in carrying out the try will, like Dr. Tiller, provide abortion delivery, would have ripped her small body risky and emotionally traumatic second- and services for girls or women who are advanced apart. third-trimester abortions that other doctors in their pregnancies. These doctors aren’t There was no doctor in her rural Southern and hospitals refused to do. In news reports, well known to patients or even to other doc- town to provide her with an abortion. No there was a tendency to frame the ‘‘abortion tors, but they’re closely monitored by anti- area hospital would even consider taking her doctor’s’’ murder almost as a kind of combat abortion groups, who know where they work, case. death: a natural occupational hazard. where they live and where they worship. Susan Hill, the president of the National Yet Tiller—who went to work in a bullet- Roeder may have been a lone gunman, but in Women’s Health Foundation, which operates proof vest, lived in a gated community and the largest possible sense, he did not act reproductive health clinics in areas where drove a bulletproof car—was a doctor, not a alone. The location of Tiller’s gated commu- abortion services are scarce or nonexistent, soldier. And it is precisely this kind of nity was prominently featured on an easily- called Dr. George Tiller, the Wichita, Kan., thinking—this viewing of his life and work accessed Web site, along with a map of the ob-gyn who last Sunday was shot to death by through the lens of our most gruesome cul- streets surrounding his house. It was really an abortion foe in the entry foyer of his tural warfare, this slippage and mixing up of only a matter of time before someone was church. medicine and politics—that left him largely unbalanced enough to take the bait. She begged. unprotected at the time of his death. Most Americans, I’m sure, do not believe ‘‘I only asked him for a favor when it was Someone resembling Scott Roeder, the that a 9-year-old should be forced to bear a a really desperate story, not a semi-des- man charged in Dr. Tiller’s murder, was seen child, or that a woman should have no choice perate story,’’ she told me this week. Tiller on Saturday trying to pour glue into the but to risk her life to carry a pregnancy to was known to abortion providers—and oppo- lock on the back door of a Kansas City clin- term. nents—as the ‘‘doctor of last resort’’—the ic. Before that, abortion providers around By averting our eyes from the ugliness and one who took the patients no one else would the country had been telling local law en- tragedy that accompany some pregnancies, touch. forcement and the United States Justice De- we have allowed anti-abortion activists to ‘‘He took her for free,’’ she said. ‘‘He kept partment that harassment at their clinics define the dilemma of late abortion. We have her three days. He checked her himself every was on the rise, and they were scared. The allowed them to isolate and vilify doctors few hours. She and her sister came back to Feminist Majority Foundation had been like Tiller. me and said he couldn’t have been more won- hearing all spring that the atmosphere out- We can no longer be complicit—through derful. That’s just the way he was.’’ side clinics was heating up in the wake of our muted disapproval or our complacency— Other patients of Dr. Tiller’s shared their the new pro-choice president’s election. ‘‘We in domestic terror. stories this week on a special ‘‘Kansas Sto- all lived through Clinton, the shootings in Mr. HONDA. Mr. Speaker, as millions of ries’’ page hosted by the Web site ‘‘A Heart- ’93 and ’94. We were concerned some of the Americans are now aware, Dr. George Tiller breaking Choice.’’ extremists said they had to take the fight was assassinated in his church on Sunday, One New York mother wrote of having ’back to the streets,’’’ Smeal said. been referred by an obstetrician to Tiller There are legal protections in place that May 31st, 2009 because of his political beliefs after learning, in her 27th week of preg- ought to keep abortion providers like Tiller and profession. Dr. Tiller provided legal abor- nancy, that her soon-to-be son was ‘‘so very safe. The Freedom of Access to Clinic En- tions, and his dedication to his profession, to sick’’ that, once born, he’d have nothing trances (FACE) Act, passed by Congress after the health and well-being of the women he more than ‘‘a brief life of respirators, dialy- the 1993 murder of Dr. David Gunn outside cared for, cost him his life. I join President sis, surgeries and pain.’’ In-state doctors re- his Pensacola, Fla., women’s health clinic Obama, members of Congress, and millions of fused to perform an abortion. and the attempted murder of Tiller that Americans in professing horror, shock, and ‘‘The day I drove up to the clinic in Wich- same year, prohibits property damage, acts ita, Kansas, to undergo the procedure that or threats of force, and interference with and sadness over this blatant act of terror. I hope would end the life of my precious son, I also intimidation of anyone entering a reproduc- that all Americans—regardless of their per- walked into the nightmare of abortion poli- tive health care facility. sonal stances on the issue of abortion—will tics. In this world, reality rarely gets When the federal law is backed by com- join in opposing those who would seek to con- through the rhetoric,’’ wrote another moth- plementary state laws, and when local law trol the actions of women and doctors through er, from Texas, of the shouts, graphic posters enforcement officers apply those laws assidu- the use of violent intimidation. and protesters’ video camera that greeted ously, serious violence greatly declines. Abortion doctors and women’s clinics across her when she came to see Tiller. When the law’s not applied strenuously, this country which provide a range of women’s Our understanding of what late abortion is when vandalism goes uninvestigated, when health services including abortion face threats like has been almost entirely shaped in pub- protesters are allowed to photograph or vid- lic discourse by the opponents of abortion eotape patients arriving at women’s health and violent acts every day. I sincerely hope rights. In recent years, discussions of the clinics, when death threats aren’t followed that in the wake of this terrible event, the De- issue have been filled with the gory details of up, more serious acts of physical violence partment of Justice and law enforcement so-called partial-birth abortion; the grim follow. In fact, when intimidation occurs at agencies across this country take future miseries that drive some women and girls to a clinic, the reported rate of violence triples, threats directed toward women’s health pro- end their pregnancies after the first tri- the Feminist Majority Federation’s 2008 Na- viders seriously. Justice and the rule of law mester have somehow been elided. tional Clinic Violence Survey found. demand nothing less. ‘‘Late abortion is not a failure of contra- ‘‘We really do need to arrest people who Mr. HOLT. Mr. Speaker, I rise today in sup- ception. It’s for medical reasons,’’ Eleanor are trespassing. Arrest people who are gluing Smeal, the president of the Feminist Major- locks. Committing more minor violations of port of H. Res. 505, condemning the murder ity Foundation, who has worked to defend the law so criminal activity doesn’t escalate, of Dr. George Tiller. abortion providers like Tiller against harass- so these criminals don’t feel emboldened,’’ On May 31, 2009, Dr. Tiller was gunned ment and violence since the mid-1980s, told said Vicki Saporta, the president of the Na- down while handing out church flyers to the me this week. ‘‘We’ve made pregnancy a tional Abortion Federation. ‘‘In places where congregation of the Reformation Lutheran

VerDate Nov 24 2008 04:47 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 7634 Sfmt 9920 E:\CR\FM\A09JN7.005 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6325 Church in Wichita, Kansas. Dr. Tiller was mur- At 28 weeks, however, extremely few physi- and local governments to establish or maintain dered because he had provided comprehen- cians in the country would provide the medical programs that provide protection or assistance sive legal reproductive healthcare to women care they needed. Dr. Tiller was rec- to witnesses in court proceedings involving and their families. ommended to them as the best physician to homicide, or involving a serious violent felony For 20 years, Dr. Tiller lived under a con- or serious drug offense as defined in section help them. 3559(c)(2) of title 18, United States Code. The At- stant threat of violence. His clinic was bombed I recall that I could not believe they had to torney General shall ensure that, to the extent in 1986 and he was shot in both arms in 1993. fly to Wichita, Kansas to get the medical care reasonable and practical, such grants are made He received constant death threats. Despite they required. As a member of Congress from to achieve an equitable geographical distribu- feeling the need to wear body armor and trav- New York, I have become accustomed to re- tion of such programs throughout the United el with a guard dog, he continued to provide ceiving the best health care in New York City States. reproductive services to women, often in the and could not imagine that they would have to (b) STATE DEFINED.—For purposes of this Act, most difficult and heartbreaking cir- travel half way across the country because no the term ‘‘State’’ means any State of the United cumstances. Dr. Tiller once said that he pro- such clinic existed nearby. Nevertheless, when States, the District of Columbia, the Common- wealth of , the Virgin Islands, Amer- vided these services because ‘‘Women and they determined that there was no other place ican Samoa, Guam, and the Commonwealth of families are intellectually, emotionally, spir- to which they could turn, Jason, Miriam, and the Northern Mariana Islands. itually, and ethically competent to struggle with their mothers flew to Kansas to Women’s SEC. 3. USE OF GRANTS. complex health issues—including abortion,’’ he Health Care Services of Wichita and Dr. Tiller. A grant made under section 2 may be used said, ‘‘and come to decisions that are appro- Jason has told me that the care they re- only to pay all or part of the cost of the program priate for themselves.’’ I could not agree more. ceived at Dr. Tiller’s clinic was extraordinary for which such grant is made. Women must have the right to make their own and that the people at the clinic treated them SEC. 4. PRIORITY. reproductive choices. as well as they could imagine. The procedure In making grants under section 2, the Attor- Regardless of one’s personal feelings about was safe and humane, and at the end, they ney General shall give priority to applications abortion, we all must stand vigilant against held their baby boy for a moment and said submitted under section 5 involving programs in such abhorrent and vile acts of violence. To goodbye. Today, the baby is buried not far States with an average of not less than 100 mur- murder someone because of disagreement ders per year during the most recent 5-year pe- from their home in north Virginia. riod, as calculated using the latest available with his belief system is morally, ethically, and So, as the House votes on this solemn res- crime statistics from the Federal Bureau of In- legally wrong. It is especially disturbing that olution, I ask that my colleagues reflect for a vestigation. this murder took place in a church. Assaulting, moment on the fact that Dr. Tiller helped SEC. 5. APPLICATION. intimidating, and harassing doctors and clinic someone right here in our congressional com- To be eligible for a grant under section 2, a employees should not be tolerated. munity and that his murderer took someone State, tribal, or local government shall submit to Dr. Tiller’s death is only one act of violence who was there for one of us in a time of need. the Office of Justice Programs an application in against those that perform abortion services. This is a terribly sad day, and I urge my col- such form and manner, at such time, and ac- Pro-life extremists have engaged in more than leagues to support H. Res. 505. companied by such information as the Attorney 5,800 reported acts of violence against abor- Mr. NADLER of New York. Mr. General specifies. tion providers since 1977, including bombings, Speaker, I yield back the balance of SEC. 6. TECHNICAL ASSISTANCE. arsons, death threats, kidnappings, and as- my time. From amounts made available to carry out saults, as well as more than 143,000 reported The SPEAKER pro tempore. The this Act, the Attorney General, upon request of a recipient of a grant under section 2, shall pro- acts of disruption, including bomb threats and question is on the motion offered by vide technical assistance to such recipient to the harassing calls. Eight abortion providers have the gentleman from New York (Mr. extent the Attorney General determines such been murdered in the United States, and an- NADLER) that the House suspend the technical assistance is needed to establish or other 17 have been the victims of attempted rules and agree to the resolution, H. maintain a program described in such section. murder. It is past time that we condemn the vi- Res. 505. SEC. 7. BEST PRACTICES. olence and intimidation against clinics that The question was taken. (a) REPORT.—Each recipient of a grant under provide legal services to women in need. The SPEAKER pro tempore. In the section 2 shall submit to the Attorney General a I hope and pray that the friends and family opinion of the Chair, two-thirds being report, in such form and manner and containing members of Dr. Tiller find solace and comfort in the affirmative, the ayes have it. such information as specified by the Attorney as we deal together with this historic and Ms. SLAUGHTER. Mr. Speaker, on General, that evaluates each program estab- that I demand the yeas and nays. lished or maintained pursuant to such grant, in- heartbreaking episode. cluding policies and procedures under the pro- Mr. ENGEL. Mr. Speaker, I rise in strong The yeas and nays were ordered. The SPEAKER pro tempore. Pursu- gram. support of H. Res. 505, which condemns the (b) DEVELOPMENT OF BEST PRACTICES.—Based tragic murder of Dr. George Tiller. The murder ant to clause 8 of rule XX and the on the reports submitted under subsection (a), of Dr. Tiller is a form of domestic terrorism Chair’s prior announcement, further the Attorney General shall develop best practice that we cannot tolerate in our country. proceedings on this motion will be models to assist States and other relevant enti- I firmly agree with President Obama that we postponed. ties in addressing— (1) witness safety; can maintain our beliefs while agreeing to dis- f agree. Dr. Tiller’s medical practice in Kansas (2) short-term and permanent witness reloca- WITNESS SECURITY AND PROTEC- tion; was operating legally, and we must abide by TION GRANT PROGRAM ACT OF (3) financial and housing assistance; and the rule of law. 2009 (4) any other services related to witness pro- Mr. Speaker, I have personal knowledge of tection or assistance that are determined by the the work of Dr. Tiller. In 2000, my Sub- Mr. JOHNSON of Georgia. Mr. Speak- Attorney General to be necessary. committee Staff Director, Jason Steinbaum, er, I move to suspend the rules and (c) DISSEMINATION TO STATES.—Not later than and his wife, Miriam, were expecting a child. pass the bill (H.R. 1741) to require the 1 year after the development of best practice This was their first baby, and they were very Attorney General to make competitive models under subsection (b), the Attorney Gen- excited about becoming new parents. grants to eligible State, tribal, and eral shall disseminate to States and other rel- Through visit after visit to their doctor, they local prosecutors to establish and evant entities such models. (d) SENSE OF CONGRESS.—It is the sense of learned the pregnancy was proceeding well maintain certain protection and wit- Congress that States and other relevant entities and all seemed normal. The sonograms were ness assistance programs, as amended. should use the best practice models developed all as they should have been, until calamity The Clerk read the title of the bill. and disseminated in accordance with this Act to struck. At 28 weeks the doctors discovered a The text of the bill is as follows: evaluate, improve, and develop witness protec- horrible brain deformity. They said the baby H.R. 1741 tion or witness assistance as appropriate. would die in utero or shortly after birth. Be it enacted by the Senate and House of Rep- (e) CLARIFICATION.—Nothing in this Act re- I recall that Jason and Miriam went from resentatives of the United States of America in quires the dissemination of any information if doctor to doctor and hospital to hospital to try Congress assembled, the Attorney General determines such informa- SECTION 1. SHORT TITLE. tion is law enforcement sensitive and should to find a way to save their baby boy, but all only be disclosed within the law enforcement told them that there was no chance that he This Act may be cited as the ‘‘Witness Secu- rity and Protection Grant Program Act of 2009’’. community or that such information poses a would live. At that point, after consulting with SEC. 2. ESTABLISHMENT OF WITNESS PROTEC- threat to national security. their clergy, their doctors, and their families, TION GRANT PROGRAM. SEC. 8. REPORT TO CONGRESS. they decided to terminate the pregnancy to put (a) IN GENERAL.—The Attorney General shall Not later than December 31, 2015, the Attorney an end to this tragedy in their lives. make competitive grants to eligible State, tribal, General shall submit a report to Congress on the

VerDate Nov 24 2008 04:47 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 7634 Sfmt 6333 E:\CR\FM\A09JN7.021 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6326 CONGRESSIONAL RECORD — HOUSE June 9, 2009 programs funded by grants awarded under sec- rensic evidence, there is no substitute from the great State of Maryland, Con- tion 2, including on matters specified under sec- for an eyewitness testimony. gressman CUMMINGS, I will yield so tion 7(b). However, engaging the cooperation of much time as he may consume. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. witnesses is frequently a daunting ob- Mr. CUMMINGS. I want to thank the There is authorized to be appropriated to stacle in many criminal prosecutions. gentleman from Georgia (Mr. JOHNSON) carry out this Act $30,000,000 for each of the fis- Many witnesses fail to come forward or for yielding, and I want to certainly cal years 2010 through 2014. refuse to testify out of fear of retribu- thank Chairman CONYERS, Chairman The SPEAKER pro tempore. Pursu- tion by the defendants or pressure by SCOTT, Mr. ISSA, the entire Judiciary ant to the rule, the gentleman from the community. Committee, and the House leadership Georgia (Mr. JOHNSON) and the gen- It is no surprise that violent crimi- for recognizing the importance of this tleman from California (Mr. ISSA) each nals will unleash their brutality on legislation by bringing it to the floor will control 20 minutes. witnesses whose testimony could result today. The Chair recognizes the gentleman in years or decades in prison. It is also Mr. Speaker, while our soldiers fight from Georgia. no surprise that violent gangs and drug in Iraq and Afghanistan, many citizens GENERAL LEAVE organizations are the source of much of across our Nation are facing terrorism Mr. JOHNSON of Georgia. Mr. Speak- this brutality. The Justice Depart- right here at home, right here in their er, I ask unanimous consent that all ment’s National Gang Center reports own neighborhoods. People are being Members have 5 legislative days to re- that ‘‘gang members so frequently en- murdered in broad daylight, and their vise and extend their remarks and in- gage in witness intimidation that it is killers are walking free because we do clude extraneous material on the bill considered part of normal gang behav- not protect witnesses to crimes from under consideration. ioral dynamics.’’ State and local law threats against their safety if they co- The SPEAKER pro tempore. Is there enforcement officials and prosecutors operate with the police, if they testify objection to the request of the gen- are in a constant struggle to counter- in court, or even if they are listed as tleman from Georgia? act witness intimidation and to con- witnesses to testify in court. There was no objection. vince witnesses to cooperate. It’s vital This epidemic of witness intimida- Mr. JOHNSON of Georgia. Mr. Speak- that we assist in this. tion is a menace to our civil society, er, I yield myself such time as I may At the Federal level, the U.S. Mar- and it is a plague on our entire justice consume. shals Service is charged with witness system. In fact, it was the deaths of Mr. Speaker, the Witness Security protection and has operated the Wit- Angela and Carnell Dawson and their and Protection Act of 2009 authorizes ness Security Program since 1970. five children, ages 9 to 14, that first the Attorney General to award grants Under the program, more than 7,500 motivated me to address this issue. I to States and local prosecutors for es- witnesses and over 9,500 family mem- can remember very vividly sitting at a tablishing and improving short-term bers have been protected, relocated, or funeral with one adult casket and with witness protection programs for wit- given new identities. Most States and the caskets of five children. Then, a nesses that are involved in a State or local governments cannot offer that day later, the husband died, and we local trial involving a homicide, a seri- level of protection. Many cannot afford went to his funeral. ous violent felony, or a serious drug of- to offer even basic protection services, The entire Dawson family was killed fense. for instance, during a trial in which in October 2002 when a gang member Witness intimidation reduces the the proceedings in a small town might firebombed their home in the middle of likelihood that citizens will be willing be all too evident to gangs in the area. the night in retaliation for Mrs. to perform their civic duty in the H.R. 1741, the Witness Security and Dawson’s repeated complaints to the criminal justice system, often depriv- Protection Grant Program Act, directs police about the recurring drug traf- ing police and prosecutors of critical the Attorney General to award grants ficking in her east Baltimore neighbor- evidence. More broadly, it also under- to State and local governments to es- hood. mines public confidence that the crimi- tablish and maintain witness protec- I might add, Mr. Speaker, that Mrs. nal justice system can adequately pro- tion programs. Dawson literally lived within about a tect its citizens. Mr. Speaker, it is very clear that this 5-minute drive from my house. And there is no better example that not only is a well-worthwhile program Angela Dawson and her family were demonstrates the need for this legisla- whose time has come, but, in fact, it not affiliated in any way with drugs or tion than the tragedy that befell the could be a real cost-saving to the tax- gangs. Rather, Mrs. Dawson was just a Dawson family in the autumn of 2002 in payers from the Federal level. Federal civic-minded parent, trying to clean up Baltimore, Maryland. prosecution tends to be more expen- her neighborhood, and trying to make Angela Dawson had repeatedly con- sive. In the case of gang, drug, and it a safe place for her children and for tacted the police about drug dealing in other activities, there is almost always other families. her neighborhood. In retaliation, Dar- a dual nexus: one in which the State or While several State and local entities rell Brooks, a neighborhood dealer, local courts can try the gang members, have established witness assistance firebombed the Dawson home not once one in which the Federal Government programs, many of these programs but twice before killing Angela; her can find Federal statutes to try under. have fallen victim to the tough eco- husband, Carnell; and all five of their Unfortunately, without an effective nomic times and have had to be discon- children. witness protection program, localities tinued. Conversely, the U.S. Marshals This heinous violence perpetrated may often choose to move a case to Service uses $65 million to operate its against the Dawson family was the im- Federal court where witness protection Federal Witness Security Program, and petus for this legislation, and I com- is available rather than providing that it has an excellent track record. In all mend Congressman CUMMINGS for his protection themselves. of its years in existence, they have tireless pursuit of this legislation over So, Mr. Speaker, I rise with my col- never been known to have lost a wit- multiple Congresses. I strongly urge leagues on the other side of the aisle to ness, and at the same time, the pros- my colleagues to support this legisla- support strongly that we find those op- ecutors in those cases have had an 89 tion. portunities in which local government percent success rate. Mr. Speaker, I reserve the balance of can provide this service rather than re- It is because of this inequity that I my time. moving to Federal court. This is a cost- call upon my colleagues to give law en- Mr. ISSA. Mr. Speaker, I yield myself saving, commonsense initiative, and I forcement the ability to protect the such time as I may consume. support it. sanctity of our justice system and pass Mr. Speaker, I rise in support of H.R. Mr. Speaker, I reserve the balance of H.R. 1741, the Witness Security and 1741, the Witness Security and Protec- my time. Protection Grant Program Act. tion Grant Program Act of 2009. Wit- H.R. 1741 would help local law en- ness testimony is a critical component b 1315 forcement officers strengthen witness of our criminal justice system. Even Mr. JOHNSON of Georgia. Mr. Speak- assistance and protection units, send- with sophisticated DNA and other fo- er, with respect to my great colleague ing a very loud and clear message to

VerDate Nov 24 2008 03:46 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.007 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6327 criminals that our citizens and we in murders. This says nothing about the those crimes were likely observed by the Congress of the United States of incidence of other types of crime, from one or more bystanders. Whether these America will not be deterred by fear sexual offenses to robberies. witnesses choose to come forward or tactics like intimidation. I hold in my hand a photo of Ser- choose to remain in the shadows, many Speaking of intimidation, through- geant Manuel Curry. He was a popular of those crimes will depend, in large out the City of Baltimore, we have a and much-loved member of the New Or- part, on whether they feel safe cooper- group that put out two trailers entitled leans Police Department. At 62 years of ating with law enforcement. It is, ‘‘Stop Snitching.’’ In one of those trail- service, he was one of America’s long- therefore, critical to the effective func- ers I, along with the State’s attorney, est-serving police officers. Tragically, tioning of our criminal justice system were threatened because we were for the NOPD and for New Orleans, he that government at all levels has the standing up for this legislation and be- passed away last week, and our means to provide for witness security. cause we were standing up for wit- thoughts and prayers are with his wife, As Attorney General of Puerto Rico, nesses. I made it very clear to them with his family, and with his NOPD I have worked with many witnesses that I have no fear because, if you can colleagues. who have received threats that they or have a situation where a person can lit- Here is an article from today’s news- their loved ones would be harmed if erally be standing on a corner and 20 paper. It reports that, within hours of they testified against a defendant. Not people know the perpetrator and the Sergeant Curry’s death, three people unreasonably, some of these witnesses perpetrator comes up and blows some- broke into his home and stole guns, ultimately chose to remain silent. Oth- body’s brains out and nobody testifies, money, jewelry, and medication. While ers elected to plunge ahead despite the what happens then is that we have at the funeral home, arranging her hus- risks, motivated by a sense of civic given the criminal more power; we band’s burial, his wife was notified of duty. The key point is this: have taken power away from regular the burglary. Choosing between providing informa- citizens. The next thing you know, the Our thoughts and prayers also go to tion that may deliver a criminal to jus- criminal feels that there are no con- the family of this couple, Orlander Cas- tice and protecting one’s own safety is simere, Sr., and his wife of 55 years. sequences to his or her actions. a choice that no witness should be You cannot have a criminal justice Elder Cassimere was scheduled to have forced to make. system that is effective and efficient preached the Mother’s Day sermon this Since 1970, the Federal government unless you have the cooperation of wit- year at the church in New Orleans’ has operated its own successful witness nesses. It is up to this Congress to Lower Ninth Ward, where he was pas- protection program. In light of a 2006 tor; but on that day, relatives found make it very, very clear that we will report by the Department of Justice him and his wife fatally shot in their that found that witness intimidation not, under any circumstances, stand home. It is thought that their murders was pervasive and increasing, the need for witnesses to be intimidated, are connected to a relative’s plan to to support similar programs at the harmed, threatened, killed or in any testify in a kidnapping and attempted State and territorial levels is beyond way deterred from carrying out their murder case. question. Therefore, I respectfully urge duties to assist police and law enforce- Reading these articles makes me my colleagues in this Chamber to sup- ment. angry and sick because of the actions port H.R. 1741. The bill would provide $150 million in of these individuals who disgraced the Mr. ISSA. Mr. Speaker, at this time, competitive grants over 5 years to en- memories of Sergeant Curry and of the it is my pleasure to yield 5 minutes to able State and local governments to es- Cassimeres. They disgrace all of the the gentleman from Georgia (Mr. tablish witness assistance programs people of New Orleans and of Jefferson PRICE). with priority given to cities or to Parishes. If these stories don’t paint a Mr. PRICE of Georgia. Mr. Speaker, I locales that have had an average of at picture of out-of-control crime, I don’t want to commend my colleague from least 100 homicides per year during the know what will. Georgia for bringing forth and for han- most recent 5-year period. H.R. 1741 I continue to meet with law enforce- dling this commonsense bill on the would also allow these programs to re- ment and with prosecution officials in floor of the House. I want to thank my ceive technical assistance from the my district, and I am presently work- colleague from California for yielding United States Marshals Service. ing with them to leverage Federal re- me time. By improving the protection for sources. They must have all of the re- This is an important issue. There are State and local witnesses, we come one sources they can get. many issues that are remarkably im- step closer to alleviating the fears and The Witness Security and Protection portant to the American people, and I the threats of prospective witnesses Grant Program will go a long way to- want to talk about one of them. It is and to safeguarding our communities wards addressing the issue of crime in the national energy tax. from violence. my district because, without adequate As you know, Mr. Speaker, there is a Again, I want to thank Mr. CONYERS. protection and assurances, these wit- proposal that is moving through the I want to thank Mr. JOHNSON, Mr. nesses will stop coming forward, and House committees right now that will SCOTT, and the ranking member for crime will remain out of control. have a remarkable effect on the Amer- their support. I urge my colleagues to Mr. Speaker, I thank my colleagues ican people. If history holds true, there pass this legislation. for this effort with this important bill, will be very little time on the floor of Mr. ISSA. Mr. Speaker, it is now my and I look forward to working with this House to debate this issue. As the pleasure to yield 3 minutes to the dis- them on other important legislation. Speaker has said, she wants to get it tinguished attorney from the City of Mr. JOHNSON of Georgia. Mr. Speak- done by July 4. New Orleans, the junior Member from er, I will yield 3 minutes to my fellow So I would suggest that it is impor- Louisiana, Mr. CAO. Judiciary Committee member, Con- tant for all of our colleagues to be pay- Mr. CAO. I thank the gentleman for gressman PEDRO PIERLUISI. ing attention to the national energy yielding me time. Mr. PIERLUISI. Mr. Speaker, I rise tax and to the consequences of it. I Mr. Speaker, I rise today in strong in strong support of H.R. 1741, and I would suggest that the American peo- support of H.R. 1741, the Witness Secu- want to commend Congressman ple ought to be paying attention as rity and Protection Grant Program CUMMINGS for his terrific work on this well. Let me point out a couple of the Act. bill. issues on this national energy tax. Crime is the number one concern of H.R. 1741 will provide funding to By an outside group, by an objective my constituents in New Orleans and in States and to territories so they can group, the estimates are that it will de- Jefferson Parishes in Louisiana. Crime create or can improve their witness stroy millions of jobs—1.1 million jobs is my top concern, too. My district in- protection programs. Priority for fund- on average each year. It will raise elec- cludes the City of New Orleans, which, ing would be given to those jurisdic- tricity rates 90 percent after adjusting as of June 1, has already seen 80 mur- tions with the highest rates of violent for inflation. It will increase gasoline ders. Further, according to the FBI’s crime. prices by 74 percent. It will increase annual report on crime released last Violent crime continues to plague residential natural gas prices by 55 per- week, New Orleans leads the Nation in many of our communities. Many of cent. It will raise the average family’s

VerDate Nov 24 2008 03:46 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.032 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6328 CONGRESSIONAL RECORD — HOUSE June 9, 2009 annual energy bill by $1,500. That’s Therefore, in that regard, I wish to housing assistance are essential to the right, Mr. Speaker, by $1,500. It will in- yield 5 minutes to my good friend from effective investigation and prosecution crease inflation-adjusted Federal debt New Jersey, Congressman PASCRELL. of gang-related crimes, Mr. Speaker. by 26 percent. So let’s review. Mr. PASCRELL. Mr. Speaker, this is The Federal Government must reach This national energy tax, supported truly bizarre. We’re talking about life- out to assist local police departments by the Speaker, is going to decrease and-death issues—and I know tech- in keeping our communities and our jobs, and she is trying to get it through nically you can speak about anything. schools safe. This bill will provide a this House by the end of this month. It But we’re talking about life-and-death critical service to many needy commu- will decrease jobs; it will increase elec- issues. We have seen witnesses dis- nities. I thank those folks who brought tricity rates; it will increase gas prices; appear, go underground so that law en- it to the floor, particularly Mr. it will increase natural gas prices; it forcement cannot protect us. Yet the CUMMINGS, my good friend from Mary- will increase the family energy bill; gentleman, my good friend from Geor- land. I’m glad we could stay, most of and it will increase the Federal debt. gia, gets up and talks about something us, on the topic at hand. Now, the American people think this which has absolutely nothing to do Mr. ISSA. Mr. Speaker, we believe is a terrible idea, and they are very with what we’re talking about. But I that the precious time on the floor frustrated with the fact that the com- guess that’s par for the course. needs to be well spent, and we cer- monsense solutions that have been put So I thank the ranking member. I tainly support that we are well spend- on the table are not being given an op- thank the chairman. I thank Mr. ing it. This is an important piece of portunity to come to the floor. CUMMINGS for getting this legislation. legislation. It’s important because, in What are those commonsense solu- And Mr. CUMMINGS has done us all a fact, we in the Federal Government tions? great favor. Nothing is going to help need to team with cities and localities Well, Mr. Speaker, as you know and law enforcement more than our trying around the country to ensure that we as the American people know, there are to help with the protection of the wit- not distort where prosecutions are good bills out there. One of them is one nesses out there who view these made. I fully support this legislation that I have cosponsored, H.R. 2300, crimes. because, with all due respect to my col- coming out of the Republican Study Criminal street gangs have been a league, it will relieve the cities and the Committee and the Western Caucus. It major concern all across this country counties from often choosing a Federal is called the American Energy Innova- and in New Jersey; and truly, law en- tion Act. venue rather than a local venue if we forcement cannot do its job without help with protecting their witnesses, b 1330 this legislation. Mr. Speaker, I don’t something that the Federal Govern- What it does is provide for increasing believe that there is a more significant ment and the U.S. Marshals have prov- production, responsible production of thing that we can do in reversing the en to do very well. So I do support the American resources. It provides for in- losing battle that we face at this point bill. It’s a bipartisan bill. creasing conservation so that we de- and attacking street crime and ending I reserve the balance of my time. crease the demand side of the energy modern-day organized crime on the Mr. JOHNSON of Georgia. Mr. Speak- curve; and it provides for expansion of streets. You need viable witnesses who er, I would ask how many minutes are innovation, incentives for innovation are not left to chance and risk and will left. so that we unleash the genius of the not be frightened or intimidated. The SPEAKER pro tempore. There American people to solve the chal- In a 2007 survey conducted in New are 6 minutes remaining for the gen- lenges that we have in the area of en- Jersey by the State police, respondents tleman from Georgia. The gentleman ergy. It doesn’t tax the American peo- in 4 out of every 10 New Jersey munici- from California has 9 minutes remain- ple. It doesn’t decrease jobs. It doesn’t palities—that’s 43 percent—reported ing. increase electricity prices, as the Dem- the presence of street gangs in their ju- Mr. JOHNSON of Georgia. Thank ocrat plan would do. It doesn’t increase risdiction during the previous 12 you, Mr. Speaker. gas prices, as the Democrats would do. months, not only in cities but in subur- I now yield 4 minutes to the gentle- It doesn’t increase natural gas prices, ban communities. As a former mayor, I lady from Houston, Texas, and also a as the Democrat plan would do. It know how tough it is for our cities and fellow member of the Judiciary Com- doesn’t increase the family energy bill, communities to deal with gang prob- mittee, Ms. JACKSON-LEE. and it doesn’t increase the Federal lems all across the United States of (Ms. JACKSON-LEE of Texas asked debt. No, Mr. Speaker, it solves the America. Gang members are involved and was given permission to revise and problems in the way that the American in violent and drug-related crimes and extend her remarks.) people want them solved. recruit young folks in our public Ms. JACKSON-LEE of Texas. I thank The American Energy Innovation Act schools. Catching and punishing the the distinguished member of the Judi- would increase production in a respon- perpetrators of these crimes is often- ciary Committee and chairperson of sible and environmentally sensitive times difficult, if not impossible. the subcommittee for yielding. and sound way. It would increase inno- Gangs are so pervasive in many com- I rise in support of H.R. 1741, which is vation so that we develop a new energy munities that the threat of violent re- long in coming and long overdue. Trag- for this 21st century, and it would in- prisal against members of a commu- ically, we are seeing the increased uti- crease conservation, decrease that de- nity or gang members who want to lization of gun violence and certainly mand side so that we don’t continue to leave severely hinders law enforcement the increased impact on our teenagers. support countries overseas that, frank- investigations. Whether it is guns used in gang activ- ly, aren’t necessarily our friend. H.R. 1741 would provide a crucial ity or guns used to slaughter innocent I appreciate the opportunity to com- missing link that prevents many of persons in various stop-and-go shops or mend my friend from Georgia for his these crimes from being solved in the others, we are seeing that kind of bill. I appreciate my friend from Cali- first place. This legislation will allow senseless violence. Over the last couple fornia for offering this opportunity to the Justice Department to begin offer- of days, I saw in my own community speak to my colleagues and to ask the ing grants to local communities to im- two hardworking shopkeepers mur- Speaker if she wouldn’t allow for full plement local witness protection pro- dered and slaughtered in their own and open debate of appropriate energy grams. What have we come to? When shop early in the morning; and the bills that American people can support, we talk about witness protection pro- kind of killing it was may have gen- not ones that increase their taxes and grams, we think we’re talking about erated witnesses who need to be pro- decrease jobs all across this land. something 20 years ago, 40 years ago. tected. We have watched the slaughter Mr. JOHNSON of Georgia. Mr. Speak- We’re talking about now. We’re talking of children in the Chicago school dis- er, nothing can be more important about in our own neighborhoods. We’re trict, which has gotten to be an epi- than the liberties that we enjoy under talking about in our own families. demic condition. They have been using our Constitution. This bill that we are That’s what we’re talking about. En- guns. There have been young people considering could not be any more im- suring witness safety, short- and long- leaving churches who have been shot portant. term relocation, and financial and and killed. So we understand the value

VerDate Nov 24 2008 03:46 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.034 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6329 of this legislation. I remember hearing We the People of the United States, SEC. 3. EFFECTIVE DATE OF AMENDMENT. before the Judiciary Committee where in Order to form a more perfect Union, The amendment made by section 2 shall the individuals who wanted this kind of establish Justice, insure domestic take effect immediately before June 22, 2009. protection told us of the fear in which Tranquility, provide for the common The SPEAKER pro tempore. Pursu- they live. defence, promote the general Welfare, ant to the rule, the gentleman from H.R. 1741, sponsored by my good and secure the Blessings of Liberty to Georgia (Mr. JOHNSON) and the gen- friend, Representative ELIJAH ourselves and our Posterity, do ordain tleman from California (Mr. ISSA) each CUMMINGS, is an important legislative and establish this Constitution for the will control 20 minutes. The Chair recognizes the gentleman initiative; and I would ask my col- United States of America. from Georgia. leagues to, likewise, support it. It joins So this bill deals with domestic tran- right together with H. Res. 454 that quility; and as you know, Mr. Speaker, GENERAL LEAVE will be on this House floor in a few the most powerful beast imagined can Mr. JOHNSON of Georgia. Mr. Speak- er, I ask unanimous consent that all minutes that deals with the 25th anni- always be brought down by just a little Members have 5 legislative days to re- versary of the National Center For parasite inside of that particular beast. vise and extend their remarks and in- Missing and Exploited Children and has We too can be subjected to internal clude extraneous material on the bill a lot to do with the protection of our parasites, and we can die from that. Nation’s children, those who have been under consideration. The question is, are we willing to die to The SPEAKER pro tempore. Is there kidnapped and murdered, and those ensure that domestic tranquility is who have been exploited. Again, it ties objection to the request of the gen- achieved? If we truly care about our- tleman from Georgia? back to this whole question of pro- selves, our own safety and the safety of tecting witnesses who provide the nec- There was no objection. our dear families, neighbors and any- Mr. JOHNSON of Georgia. Mr. Speak- essary testimony to convict those of one else, should we not be willing to er, I yield myself such time as I may these heinous crimes. die to protect our liberties by calling it This may not be the underlying ne- consume. like it is, street crime? You see some- Mr. Speaker, this legislation extends cessity for H. Res. 515; but I rise to also thing happen—regardless of whether or by 1 year expiring provisions of the add my support for the legislation that not you consider that snitching or not, Antitrust Criminal Penalty Enhance- condemns the slaughter and murder of and I would say that it’s not. But do ment and Reform Act of 2004, otherwise Army Private William Long and the you have the courage to be able to do known as ACPERA. ACPERA not only wounding of Army Private Quinton increases maximum criminal penalties Ezeagwula. That was a terrorist act of what will really protect your folks? That’s the question. under the Sherman Act for hardcore which we condemn. It may be that the antitrust violations but also created 1345 alleged perpetrator is in prison, but we b whistleblower incentives to spur anti- don’t know whether there is a wide- Mr. Speaker, I yield back the balance trust cartel detection. spread conspiracy. We hear so. Again, of my time. Portions of the 2004 act are set to ex- H.R. 1741 would allow us to protect The SPEAKER pro tempore. The pire in 2 weeks on June 22. This 1-year these witnesses. The act of killing our question is on the motion offered by extension preserves the penalties and military personnel on U.S. soil was an the gentleman from Georgia (Mr. JOHN- incentives currently in place, while af- act of terror, and I abhor it. I denounce SON) that the House suspend the rules fording Congress time to explore pos- it. It is a resounding disgrace in this and pass the bill, H.R. 1741, as amend- sible improvements to the 2004 act. country; and therefore, H. Res. 515 ed. I am pleased to have as cosponsors of should, in fact, be able to pass. All of The question was taken. this bill the chairman of the Judiciary these tie to the idea of protecting wit- The SPEAKER pro tempore. In the Committee, JOHN CONYERS, as well as nesses in criminal activities because opinion of the Chair, two-thirds being full committee Ranking Member we realize how frightening a prospect it in the affirmative, the ayes have it. LAMAR SMITH and Courts Sub- is. Mr. JOHNSON of Georgia. Mr. Speak- committee Ranking Member HOWARD I also add my support to H.R. 2675, er, on that I demand the yeas and nays. COBLE. the extension of the Antitrust Criminal The yeas and nays were ordered. Cartel violations are some of the Penalty Enhancement and Reform Act The SPEAKER pro tempore. Pursu- worst crimes perpetrated on the Amer- of 2004. I am also a member of the Sub- ant to clause 8 of rule XX and the ican consumer; yet they are too often committee on Antitrust and view this Chair’s prior announcement, further crimes we cannot see, as all of this as an important legislative initiative. proceedings on this motion will be criminal activity takes place in secret Allow me to close by suggesting that postponed. meetings behind closed doors. In the as we saw in my remarks earlier today previous bill, we were talking about f on the floor in H. Res. 505, condemning crime in the streets, and now we are the death of Dr. George Tiller, we have ANTITRUST CRIMINAL PENALTY talking about crime in the suites. conditions here that warrant this legis- ENHANCEMENT AND REFORM Price-fixing cartels can go unde- lation, H.R. 1741. It is terrible that vio- ACT OF 2004 EXTENSION ACT tected for years, possibly forever. With lent acts are perpetrated here in Amer- Mr. JOHNSON of Georgia. Mr. Speak- hundreds of millions or even billions of ica, that violent acts come about er, I move to suspend the rules and dollars worth of unlawful profits at through the use of firearms and other pass the bill (H.R. 2675) to amend title stake, these criminal cartels are very manners and, therefore, there will be II of the Antitrust Criminal Penalty effective at finding ways to keep their witnesses that will be necessary to Enhancement and Reform Act of 2004 actions secret. But 5 years ago, Con- gress gave the Justice Department’s bring these people to justice. I cannot to extend the operation of such title Antitrust Division a new weapon to at- imagine allowing these heinous crimes for a 1-year period ending June 22, 2010. tack this secrecy head-on. ACPERA to be perpetrated without being able to The Clerk read the title of the bill. promotes the detection and prosecu- prosecute because a witness is fright- The text of the bill is as follows: ened for themselves and their family. tion of illegal cartel behavior by giving H.R. 2675 The legislation that we are now speak- participants in a price-fixing cartel ing to provides that protection, and I Be it enacted by the Senate and House of Rep- powerful incentives to report the cartel resentatives of the United States of America in to the Justice Department and cooper- ask my colleagues to support the legis- Congress assembled, lation. ate in the prosecution of the cartel. Mr. ISSA. Mr. Speaker, at this time SECTION 1. SHORT TITLE. Before ACPERA, the Justice Depart- This Act may be cited as the ‘‘Antitrust ment could offer leniency to a cocon- I would yield back the balance of my Criminal Penalty Enhancement and Reform time and support the passage of this Act of 2004 Extension Act’’. spirator who exposed a cartel and important legislation. SEC. 2. DELAY OF SUNSET. helped bring it to justice. But the co- Mr. JOHNSON of Georgia. The great Section 211(a) of the Antitrust Criminal operating party remained fully liable Constitution of the United States of Penalty Enhancement and Reform Act of to paying treble damages to the car- America starts off with a preamble, 2004 (15 U.S.C. 1 note) is amended by striking tel’s victims and potentially exposed to and that preamble goes as follows: ‘‘5 years’’ and inserting ‘‘6 years’’. having to pay the entire amount.

VerDate Nov 24 2008 03:46 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.090 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6330 CONGRESSIONAL RECORD — HOUSE June 9, 2009 ACPERA addressed this shortcoming WEBCASTER SETTLEMENT ACT OF which authorized a CRB proceeding to in the criminal leniency program by 2009 set fair statutory rates for Internet also limiting the cooperating party’s Mr. JOHNSON of Georgia. Mr. Speak- radio. Accordingly, in 2007, the CRB an- exposure to liability with respect to er, I move to suspend the rules and nounced new statutory royalty rates civil litigation. ACPERA empowers the pass the bill (H.R. 2344) to amend sec- for sound recordings to be paid by Justice Department to limit civil li- tion 114 of title 17, United States Code, Webcasters. ability of a cooperating party to single to provide for agreements for the re- The CRB’s decision, which sets rates damages, not treble. The remaining co- production and performance of sound on a minimum fee, per-song, per-lis- conspirators, however, remain jointly recordings by webcasters. tener formula, would require and severally liable for all damages. In The Clerk read the title of the bill. Webcasters to pay significantly higher this way, Mr. Speaker, the act strikes The text of the bill is as follows: royalties than they previously paid a carefully crafted balance, encour- H.R. 2344 under a percentage-of-revenue model. aging the cartel members to turn on Be it enacted by the Senate and House of Rep- Because of concerns that the higher each other while ensuring full com- resentatives of the United States of America in rates are likely to threaten the future pensation to the victims. Congress assembled, of Internet radio, Congress enacted the The positive impact of this law can- SECTION 1. SHORT TITLE. Webcaster Settlement Act of 2008. not be overstated. In the first half of This Act may be cited as the ‘‘Webcaster Signed into law last October, it allowed this year, ACPERA has aided the anti- Settlement Act of 2009’’. for the implementation of royalty fee trust division in securing jail sentences SEC. 2. AUTHORIZATION OF AGREEMENTS. agreements reached on or before Feb- in 85 percent of its individual prosecu- Section 114(f)(5) of title 17, United States ruary 15, 2009, between the recording tions and over $900 million in criminal Code, is amended— industry and Webcasters that would (1) in subparagraph (D), by striking ‘‘2008’’ fines. and inserting ‘‘2008, the Webcaster Settle- serve as an alternative to the payment As chairman of the Judiciary Com- ment Act of 2009,’’; scheme set forth in the CRB decision. mittee’s Subcommittee on Courts and (2) in subparagraph (E)(iii), by striking ‘‘to While some Webcasters were able to Competition Policy, I want to ensure make eligible nonsubscription transmissions reach consensus with the recording in- that the Justice Department has all and ephemeral recordings’’; and dustry, others have not yet reached an the tools it needs to continue its excel- (3) in subparagraph (F), by striking ‘‘Feb- agreement. Enactment of the ruary 15, 2009’’ and inserting ‘‘at 11:59 p.m. lent work, which is to protect con- Webcasters Settlement Act of 2009 will Eastern time on the 30th day after the date give more parties an opportunity to sumers against price-fixing cartels. of the enactment of the Webcaster Settle- Again, I thank the bipartisan coali- ment Act of 2009’’. reach a consensus by allowing them to negotiate alternative rates. This oppor- tion of Members who have joined me as The SPEAKER pro tempore. Pursu- tunity to reach consensus will protect cosponsors in this very important leg- ant to the rule, the gentleman from the viability of technology enjoyed by islation. I urge my colleagues to sup- Georgia (Mr. JOHNSON) and the gen- millions of Americans every day. port this legislation. tleman from California (Mr. ISSA) each This legislation has the full support I reserve the balance of my time. will control 20 minutes. of the relevant parties. I commend the Mr. ISSA. Mr. Speaker, I yield myself The Chair recognizes the gentleman from Georgia. Internet radio and recording industries such time as I may consume. for the substantial progress that has GENERAL LEAVE Mr. Speaker, at this time I would been made in negotiations in recent like to inquire if the gentleman has Mr. JOHNSON of Georgia. Mr. Speak- months, and I encourage them to re- any further speakers after I conclude? er, I ask unanimous consent that all solve all outstanding issues promptly Mr. JOHNSON of Georgia. We have Members have 5 legislative days to re- so that we may see a thriving Internet no more speakers, and I would be pre- vise and extend their remarks and in- radio industry in the near future. clude extraneous material on this bill. pared to conclude. I commend my colleague, The SPEAKER pro tempore. Is there of Washington, for his leadership on Mr. ISSA. Excellent. I will be brief. objection to the request of the gen- this legislation, as well as Intellectual This is noncontroversial. In fact, the tleman from Georgia? Property Subcommittee Chairman Antitrust Criminal Enhancement Re- There was no objection. form Act of 2009 is about a program Mr. JOHNSON of Georgia. I yield my- Howard Berman for facilitating discus- that is working. It is a program that self such time as I may consume. sions between the parties. not only do I hope we will unanimously Mr. Speaker, the Webcaster Settle- I would like to also commend Judici- pass and send to the Senate, but that ment Act of 2009 allows the recording ary ranking member, Mr. LAMAR the Senate will act quickly so that industry and the providers of Internet SMITH, for his leadership in making after the 2 weeks remaining, this stat- radio, also known as Webcasters, to ne- this a truly bipartisan effort, and I ute will not expire, and we will use this gotiate reasonable royalty rates for the urge my colleagues to support this im- year wisely to review and reauthorize streaming of sound recordings on the portant legislation. in a longer term basis this act. Internet. Mr. Speaker, I reserve the balance of ACPERA has in fact worked. It is While a relatively new technology, my time. something that both the majority and the audience for Internet radio is grow- Mr. ISSA. Mr. Speaker, it is my minority have agreed on, and I urge its ing rapidly. Fifty to 70 million Ameri- pleasure to yield such time as he may passage. cans listen to Internet radio each consume for our response to the gen- tleman from South Carolina (Mr. Mr. Speaker, I yield back the balance month, in part because of the diverse BROWN). of my time. programming available to cater to Mr. BROWN of South Carolina. Mr. Mr. JOHNSON of Georgia. Mr. Speak- many different musical tastes. In 1995, Congress passed a digital per- Speaker, I appreciate the gentleman er, I yield back my time on this mat- formance right for sound recordings. In from California yielding. ter. 1998, the Digital Millennium Copyright H.R. 2344, the Webcaster Settlement The SPEAKER pro tempore. The Act expanded the right to Internet Act of 2009, grants limited statutory question is on the motion offered by radio services by granting them the authority to SoundExchange, the gov- the gentleman from Georgia (Mr. JOHN- privilege of using copyrighted music at ernment-designated entity that is re- SON) that the House suspend the rules an industry-negotiated rate, or in the sponsible for disbursing Webcasting and pass the bill, H.R. 2675. event the industry could not negotiate royalties to copyright owners. The question was taken; and (two- a rate, at a government-mandated rate The bill gives SoundExchange the thirds being in the affirmative) the determined by the Copyright Royalty legal authority to effect an agreement rules were suspended and the bill was Board, or CRB. that has already been negotiated with passed. At the request of Webcasters, in 2004 certain ‘‘pureplay’’ Webcasters for the A motion to reconsider was laid on Congress enacted the Copyright Roy- performance of sound recordings over the table. alty and Distribution Reform Act, the Internet.

VerDate Nov 24 2008 04:47 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.038 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6331 b 1400 note that it seems a bit like the tail I join with Chairman CONYERS, Mr. Under the terms, the bill will provide wagging the dog for Congress to legis- BERMAN, myself, and many others, in a window of 30 days for other late and create exceptions to the due urging that this pattern of lowering to Webcasters to agree to be bound by process and notice requirements in the what we believe is a more fair rate or this new agreement. existing statutory process each time helping lower to what we believe is a For those Webcasters who choose to one party or another calculates they more fair rate, in fact, flies in the face take advantage, they will be able to could get a better deal by disregarding of terrestrial broadcasters continuing substitute the rate and rate calcula- the deadline the law provides. to say that the only fair amount to pay tion methods provided in the agree- Mr. JOHNSON of Georgia. Mr. Speak- in the way of royalties to the music ment for those previously announced er, at this time, I would yield to my producers, the actual performers, is by the copyright royalty judges, CRJs, colleague from the great State of zero. on April 30, 2007. Washington, the Honorable JAY INSLEE, The public today, Mr. Speaker, when These new terms will run through the as much time as he may consume. they hear this, if they hear this, will be end of 2015, which means that this Mr. INSLEE. Mr. Speaker, I’m shocked to find out that when they lis- group of Webcasters and sound record- pleased to commend the Webcaster ten to terrestrial radio, nothing is paid ing artists who are due royalties under Settlement Act of 2009 to my col- to the artist. the Webcasting licensing will benefit leagues. Well, if they listen to Internet radio, from the extended period of certainty I just want to make two or three actually more than half in some cases in their economic relationship. points. First, this phenomenon of on- of the gross revenues of these Internet Mr. Speaker, I have a strong pref- line radio is just a tremendous service broadcasters is paid to the performers. erence for voluntarily negotiating set- for our constituents; 42 million Ameri- As Mr. INSLEE said, I do believe that tlements, which allow each side to cans are enjoying this on at least a perhaps it is too much; that there is, in compromise, claim a measure of vic- semiregular basis. It is growing rap- fact, a point at which, when you tax tory, and go home. idly. It is a very, very beloved service. something too much, even if it’s taxed This is particularly true when the al- And when it goes missing, as it did re- to pay the performance, you may get ternative is for parties to engage in cently in my City of Seattle, a little too little of it. To that extent, we need lengthy and expensive adversarial legal station called OCO was sort of pro- to find an amount that balances fairly and lobbying efforts such as those that viding underground music to my local compensation for the creative artist have followed the CRJs’ determination community and had to shut down as a who brought us this fine music and in the Webcasters proceedings in 2007. result of the CRB decision, and it is those who would seek to make it avail- When they issued their 117-page final much missed. We hope to get this and able to the public. order, the CRJs established the statu- many other things back up when we I hope that this piece of legislation tory rates and the terms for the per- get this settlement going. will help for those doing business on Second, I think there is widespread formance of compulsorily licensed the Internet and that H.R. 2344 will be agreement that the average 47 percent Internet streamed music for a 5-year quickly adopted and that it will lead to of revenues that the CRB decision period that is due to expire December more affordable rates for the Internet. would require simply is not sustainable 31, 2010. But I cannot, in good conscience, fail for the industry. And I want to com- The law provides this process because to mention that these companies try- mend all parties to the discussions to we have an obligation to ensure that ing to start and promote a new indus- try to find an appropriate way to move copyright owners whose works are try and a service in many places in made available in a government-man- forward. The third point I want to make is which terrestrial broadcasts may be dated license are fairly compensated by poor or not available at all find them- the private parties who seek to benefit that keeping online radio going and healthy is not just about entertain- selves hampered while they pay half of from such use. their revenues out in royalties, com- Indeed, the Judiciary Committee and ment; it’s about news, it’s about public peting against terrestrial broadcasters the Congress established the CRJ proc- information, it’s about emergency pre- who insist on continuing to pay not a ess, in no small part, in response to paredness. We’ve got to do everything penny. Webcasters’ concerns that the previous we can to give our constituents mul- So, Mr. Speaker, I will look for this Copyright Arbitration Royalty Panel, tiple sources of information. By allow- legislation to become law. I look for or CARP, process effectively prohibited ing this bill to go through—and, hope- the other legislation behind it to be many small entities from partici- fully, the parties will reach a final set- brought to the floor, fairly considered, pating. tlement—we’re going to allow a democ- Nevertheless, despite their advocacy racy to blossom. and voted on in order to bring perform- for this process, some Webcasters have So I want to thank Chairman CON- ance fairness. suggested from time to time that the YERS and Ranking Member SMITH for I reserve the balance of my time. CRJs acted unfairly in reaching their their cooperation in facilitating this Mr. JOHNSON of Georgia. Mr. Speak- decision. But the record reveals that and commend this bill to my col- er, I would join my colleague on the the decision came at the end of an 18- leagues. other side of the aisle in support of month proceeding that included 48 days Mr. ISSA. Mr. Speaker, I now yield H.R. 848, which is the bill that you just of testimony, 192 exhibits, 475 plead- myself such time as I may consume. mentioned, and the reason why is be- ings, motions and orders, and a tran- Mr. Speaker, I strongly support this cause it’s just an issue of fairness. It’s script that exceeded 13,000 pages. legislation and urge its passage, and I fairness to the artist as well as fairness Notwithstanding these facts, the do so for a reason that I believe does to the platforms upon which we hear Congress enacted the Webcasting Set- tie fairly into another piece of legisla- these sound recordings, Internet radio tlement Act of 2008 late last year to tion. This is a piece of bipartisan legis- being one. provide an additional period of time for lation with Chairman CONYERS. An- Cable, satellite, they have to pay per- parties to negotiate private agree- other piece tries to deal with a greater formance royalties, which is really per- ments. That period expired February inequity than even this one. formers’ royalties. They must pay 15, 2009. While Internet broadcasters or that. But the broadcast industry, AM/ Several entities, including the Na- podcasters or Webcasters pay as much FM radio, basically, is protected, if you tional Association of Broadcasters, are as half of their revenues, half of their will, or exempted from having to pay. to be commended for reaching an ac- gross revenues if they play perform- This is anticompetitive, and it also re- cord during this window, but it appears ances of music, and NAB was cited as sults in great tragedy where these a number of others were either unable being a participant, let me make some- radio stations are able to play music or unwilling to come to terms during thing very clear, Mr. Speaker. The Na- repetitively that we all enjoy listening the generous period of time that Con- tional Association of Broadcasters has to, and then the artist who performs gress provided. chosen to have an absolute ‘‘burn the the music doesn’t get a dime. And so Mr. Speaker, I urge my colleagues to bridge’’ attitude toward terrestrial many of them are forced to work what support H.R. 2344, but in so doing, I broadcasters paying even a cent. I call the ‘‘Chitlin Circuit’’ and, you

VerDate Nov 24 2008 03:46 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.041 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6332 CONGRESSIONAL RECORD — HOUSE June 9, 2009 know, can’t even purchase their pre- 1,500 military recruiting stations and centers This resolution offers the condo- scription medication for diabetes, in United States, Guam, Puerto Rico, and lences of this House to the family of whatever infirmity that they may Europe; Private Long, expresses our hopes for a have. And then some even die indigent Whereas the men and women of the Armed full recovery for Private Ezeagwula, Forces risk their lives every day to preserve and there’s no coverage for burial ex- America’s freedom and to defend the liberty, and urges that the perpetrator or per- penses. security, and prosperity enjoyed by the petrators of this senseless shooting be And so it’s really an issue of fairness. American people; brought to justice. And unfortunately, the broadcast in- Whereas service in the Armed Forces en- b 1415 dustry has done a despicable thing, and tails special hazards and demands extraor- I want to commend our colleague, that is to play the race card. And they dinary sacrifices from service members; the gentleman from Arizona (Mr. do it with the deceptive and false state- Whereas members of the Armed Forces are FRANKS), for introducing this resolu- ment that H.R. 848 is an attempt to the targets of violence not only abroad but in the United States as well; and tion. It is an appropriate statement of drive black broadcasters, black radio Whereas such violence is despicable and what I note to be the views of every stations off, out of existence, and noth- must not be tolerated: Now, therefore, be it Member of this House. At a time like ing could be further from the truth. Resolved, That the House of Representa- this, it is important for all of us to May I inquire though, Mr. Speaker, tives— stand together to support our men and as to whether or not there are anymore (1) offers its condolences to the family of women in uniform and to speak with speakers? Private William Long; one voice against violence directed Mr. ISSA. Mr. Speaker, I have no fur- (2) hopes for a full recovery for Private Quinton Ezeagwula; against them. ther speakers at this time and would (3) urges swift prosecution to the fullest I urge my colleagues to support this close quickly when the gentleman is extent of the law of the perpetrator of this important resolution. ready. senseless shooting; and I reserve the balance of my time. Mr. JOHNSON of Georgia. Mr. Speak- (4) urges the American people to join Con- Mr. FRANKS of Arizona. Mr. Speak- er, I will yield back. gress in condemning acts of violence. er, I yield myself such time as I may Mr. ISSA. Mr. Speaker, I thank the The SPEAKER pro tempore. Pursu- consume. gentleman from Georgia. I, again, reit- ant to the rule, the gentleman from Mr. Speaker, on June 1 of 2009, only erate my appreciation for his appro- New York (Mr. NADLER) and the gen- about a week ago, Private William priate and wonderful statements on tleman from Arizona (Mr. FRANKS) Long, only 23 years old, was shot and H.R. 848, a bill that would simply each will control 20 minutes. killed as he worked at the Army Navy eliminate Congress’ prohibition on the The Chair recognizes the gentleman Career Center, which is a military re- Copyright Royalty Board from reach- from New York. cruitment center, in Little Rock, Ar- ing a fair and equitable royalty for per- GENERAL LEAVE kansas. Private Quinton I. Ezeagwula, formers. Mr. NADLER of New York. Mr. age 18, was also shot in the attack that I yield back the balance of my time. Speaker, I ask unanimous consent that day. Thankfully, Private Ezeagwula The SPEAKER pro tempore (Mr. all Members have 5 legislative days to survived; although our latest informa- CUMMINGS). The question is on the mo- revise and extend their remarks and in- tion is that he remains still in critical tion offered by the gentleman from clude extraneous material on the reso- condition. Georgia (Mr. JOHNSON) that the House lution under consideration. Mr. Speaker, most persons who are suspend the rules and pass the bill, The SPEAKER pro tempore. Is there listening today are hearing about Pri- H.R. 2344. objection to the request of the gen- vate Long’s death for the first time. The question was taken; and (two- tleman from New York? It’s likely that most Americans There was no objection. thirds being in the affirmative) the haven’t heard of his killing because Mr. NADLER of New York. Mr. Private Long’s murder forces the issue rules were suspended and the bill was Speaker, I now yield myself such time passed. that the mainstream media does not as I may consume. want to confront or report on, and that A motion to reconsider was laid on Mr. Speaker, House Resolution 515 is Islamic terrorism within and coming the table. rightly condemns the murder of Army from within the United States. f Private William Long and the wound- The man accused of shooting Private CONDEMNING THE MURDER OF ing of Army Private Quinton Long and Private Ezeagwula was for- PRIVATE WILLIAM LONG Ezeagwula, who were shot outside the mally known as Carlos Bledsoe. Army Navy Career Center in Little Bledsoe converted to Islam and Mr. NADLER of New York. Mr. Rock, Arkansas, on June 1, 2009. Speaker, I move to suspend the rules This dastardly attack on two young changed his name to Abdulhakim and agree to the resolution (H. Res. Americans who were simply standing Mujahid Muhammad. He later traveled 515) condemning the murder of Army outside the Armed Forces Recruiting to Yemen where he was there studying Private William Long and the wound- Center where they worked should under an Islamic scholar. Yes, Mr. ing of Army Private Quinton shock the conscience of all Americans. Speaker, we have millions of law-abid- Ezeagwula, who were shot outside the Private Long, who was 23, was mur- ing Muslims in this country. Acts of Army Navy Career Center in Little dered. Private Ezeagwula, who is 18, terror committed by some members of Rock, Arkansas, on June 1, 2009. was wounded. They had answered their a religion should never be used to con- The Clerk read the title of the resolu- call to service and were willing to lay demn all members of that religion. At tion. down their lives for their country, but the same time, however, we cannot be The text of the resolution is as fol- the deadly attack came here at home, blind to the jihadist ideology of some lows: not on a field of battle halfway across Muslims of this country who believe that they have a religious duty to mur- H. RES. 515 the world. There are more than 1.4 million Ac- der the innocent. Whereas, on June 1, 2009, Private William The mindset of radical Islamic ter- Long, 23, was murdered outside the Army tive members of the Armed Forces pro- Navy Career Center in Little Rock, Arkan- tecting America, and more than 1.2 rorism which today seems to find fer- sas; million Reserve members. There are tile ground in the soil of jihad claims Whereas, on June 1, 2009, Private Quinton more than 8,000 Army and Army Re- that the cause of justice is advanced by Ezeagwula, 18, was wounded by gunfire out- serve recruiters, and more than 7,000 killing the innocent and by killing side the Army Navy Career Center in Little Navy recruiters, serving at more than those who seek to protect the innocent. Rock, Arkansas; 1,500 military recruiting stations and This is the fundamental reality. And Whereas there are more than 1,400,000 ac- centers in the United States, Puerto when the American media and we, as a tive component and more than 1,200,000 re- people, refuse to call evil by its name, serve component members of the Armed Rico, Guam, and Europe. Each one of Forces protecting America; these men and women are courageous it imperils us all and it dishonors all of Whereas there are more than 8,000 Army patriots who deserve our support, and those, like these two soldiers who have and Army Reserve recruiters and more than this deadly attack is nothing short of sacrificed and bled to protect the inno- 7,000 Navy recruiters serving at more than dastardly. cent from that evil.

VerDate Nov 24 2008 03:46 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.042 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6333 Mr. Speaker, the American soldier a military family: his great-grand- suits, may have to go on hold with does not fight because he hates what’s father served; his grandfather served; what is going on over there now.’’ in front of him. He fights because he his father is a retired marine warrant Mr. Long continues: ‘‘You need to loves what is behind him. Private officer; his mother served and is a vet- find someone in your unit who is good Long’s so-called crime was his commit- eran—and, in fact, she was in the park- at what he does professionally and per- ment to defending the innocent against ing lot waiting to give him a ride home sonally and get into his hip pocket. those who would cause them and all of when the shooting began. His brother Learn what he knows. Your leaders are us harm. That commitment is the price Triston is in the military today and going to be pressed to have everything required oftentimes to maintain our will be headed to Iraq this summer. and everybody ready in case things go freedom. That commitment was car- A family tradition for this family is south. You may not have time to get ried deeply in the heart of Private Wil- that the father prepares a letter to give your newly acquired skills down to an liam Long. He displayed it bravely by to the son when he deploys. Yesterday, art. You need to support your leaders wearing the uniform of the United Andy’s father, Retired Marine CWO4 and fellow soldiers by being a good fol- States armed services and dying in it Daris Long, read the following letter to lower. Remember, as an infantryman, for all of us. That commitment will his son. He had these ideas in mind to your life support system is the guy forever be the legacy of his life on this give to his son and put them down in next to you. You need to trust him. He Earth. writing, and the letter was placed in needs to know he can trust you. When Mr. Speaker, today there are approxi- the casket yesterday at the funeral. you are in the thick of things your mately 1.2 million Reserve component And this was the letter that Daris Long focus will narrow to your immediate members of the Armed Forces pro- wrote to his son: brothers in arms, other things will fade tecting America; more than 8,000 Army ‘‘Dear Andy, let me start by telling the mere distractions. You need to and Army Reserve recruiters; and more you how proud your mother and I are have your head on a swivel, be aware of than 7,000 Navy recruiters serving at of you in your choice to serve this your surroundings. Follow your orders more than 1,500 military recruiting sta- country. The profession of arms is not quickly and completely. Please, for tions and centers in the United States, an easy job. It is not 9–5. You won’t your own sanity and to ease the burden Guam, Puerto Rico, and Europe. This often get a choice in what you want, of your immediate leaders, don’t get attack could have ended the lives of when you want to do something, or bogged down with all the whining and any one of those noble men and women. even voice some of your opinions. back seat driving you may hear from Each of them risks his or her life every ‘‘You took an oath, ‘I, William An- ‘sea lawyers’ in your unit—every outfit single day to preserve America’s free- drew Long, do solemnly swear to sup- has them—they are known, some have dom and to defend the right of every port and defend the Constitution of the more, some have less.’’ American to live free, to be free, and United States against all enemies, for- Mr. Long continues: ‘‘I was once pursue their dreams. eign and domestic, and bear true faith where you are, at the bottom of the So today, Mr. Speaker, I’ve intro- and allegiance to the same.’ That food chain. However, after having been duced House Resolution 515 to offer our means a lot. In my mind, it means that promoted up the ladder to Chief War- deepest condolences to the family of whatever your personal feelings are, rant Officer 4, I can tell you that at Private William Long on behalf of the you may have to put them aside be- each level of command, at fire team, United States House of Representa- cause you don’t get to decide who you squad, platoon, company, and so on, tives, to offer our hope of a full and are going to protect, you protect the the people in charge are always being complete recovery for Private Quinton rights of all. Oliver Hazard Perry, a pounded on to take care of their peo- Ezeagwula, and to urge the prosecution War of 1812 Naval hero, once toasted ple. Your welfare is key to the success of the preparator of this senseless the country with this, ‘My country, of the accomplishment of the mission. shooting to the fullest extent of the right or wrong, but first my country.’ There will be times that you will have law, and finally, to urge the American That statement was often quoted out to be reminded of this and you may people to join together in condemning of context by my generation in the end think I am full of it, but it is fact.’’ such horrific acts of violence upon the years of the Vietnam War by Mr. Long continues: ‘‘This quote has noble men and women of our Armed protestors. In light of your oath, its been used many times and I think it Forces. true meaning is revealed. Always re- was attributed to some anonymous au- We pray especially that the hearts of member, your loyalties are to the prin- thor who wrote on a c-ration box some- all of those that Private Long knew ciples upon which this country was es- where in the field in Vietnam: ‘For and loved would find comfort and peace tablished. Your duty is to the country, those who have fought for it, freedom in the knowledge that in dying, be- not some cause, not some character, has a flavor the protected will never cause he wore the uniform of the not to some party.’’ know.’ I am personally proud of your United States military, their loved one Mr. Long continues: ‘‘ ‘That I will progression from boy to man. It’s been laid down his life for the sake of human obey the orders of the President of the hard, but the end result is my hero. freedom and on behalf of those who United States, the officers and non- You and your brother serving are a joy could not defend that freedom for commissioned officers appointed over to me. You both are foregoing a lot by themselves. No legacy could be more me, acting in accordance with regula- doing what you are doing especially noble, Mr. Speaker. tions and the Uniform Code of Military now when your country is in peril. You I reserve the balance of my time. Justice. So help me, God.’ You are to both are heroes by having the moral Mr. NADLER of New York. Mr. obey the rightful orders given you. I courage to stand up when the country Speaker, I now yield such time as he am sure you were given classes on the needs you most, when others are not may consume to the distinguished gen- laws of warfare, what is right and what willing to give up their creature com- tleman from Arkansas (Mr. SNYDER). is wrong. This part of the oath charges forts. These are times I wish I were Mr. SNYDER. People in America, Mr. you to do the right thing. This part ab- still doing what you are. However, the Speaker, mourn the loss of any of our solutely absolves you from obeying il- profession of arms is a young man’s troops in combat or not, here or legal orders. It reminds you that the game. The last recruits I trained are abroad. Andy Long, private, United old ‘I was just following orders’ routine now coming up on 29 years, 3 months in States Army, was killed in Little doesn’t excuse you from misconduct service if any of them are still in.’’ Rock, Arkansas in my district 1 week that results from following an illegal Mr. Long continues: ‘‘My heart is before he was to leave to be with his order. It does not mean you can refuse with you. My mind is still ticking unit headed to Korea. We mourn his to follow orders you may disagree with through the pre-deployment checklists, loss today. So, also, do we hope and but only those that are clearly illegal. what the priorities are, where I am pray for the rapid recovery of Private You have to have a moral compass and going. I know you are in the Army and Ezeagwula who was wounded. rigidly follow it. I’m sure you are tired of hearing how I attended the funeral yesterday of ‘‘You are now on your way to Korea. the Marines do it. Marines march to Andy Long in Conway, Arkansas, and What we had talked about, filling your the sound of the guns. You need to do met both families. The Long family is off-duty time with constructive pur- the same. Don’t let others do your job,

VerDate Nov 24 2008 03:46 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.047 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6334 CONGRESSIONAL RECORD — HOUSE June 9, 2009 your duty. I haven’t told your mom in lay down his life for his friends. It is that they weren’t in a combat zone; words, but all those times I left on a the most noble of all acts that we can they were murdered and wounded here moment’s notice and came back long accomplish on this Earth. Sometimes I at home, supposedly in a safe place. after others were home, I volunteered. think we forget how much some people And it illustrates that even here at I wasn’t going to be left behind to let give for the freedom that we have. Pri- home not everyone is safe. others do my job or what I considered vates Long and Ezeagwula are good ex- So this resolution mourns the death a job I could do better. I’m telling you amples. of Private Long and the wounding of this because your job is to stand watch Mr. Speaker, I think sometimes we Private Ezeagwula, and it extends our on the wall, separating us, from those also forget the price that families pay. condolences to the family of Private who would do us harm. Your day only You know, it is easy for us to focus Long and our wishes for the best recov- ends when you’ve done your duty.’’ upon only the fallen, but those who re- ery to Private Ezeagwula. It is little And Mr. Long finishes: ‘‘So you have main and the grief that is laid upon enough that we can do, but it is really a lot of long days ahead of you. I’ve their broken shoulders is often some- all we can do at this point. It says we told this to Triston, and now it is your times something we cannot identify are grateful. It reminds us of the sac- turn. I hope you take this letter as it is with. rifices that are made. meant—from a father who loves you, I was in the Press Club here a few I appreciate Mr. FRANKS’ introduc- trying to give you some hard-learned days ago, and I saw a diamond-shaped tion of this resolution. I urge everyone life experience. Even though we have picture of a cold, icy, windy day out at to support it. And as with the resolu- had our ups and downs, I have always Arlington National Cemetery. A tion I spoke of earlier today, I cannot loved you. You are in both my woman stood alone with her back to believe anyone will not support it. So I thoughts and prayers. You are my son. the viewer standing at a tombstone. urge its adoption. Mr. Speaker, I reserve the balance of You are my hero. I love you. Semper There was no one else in the cemetery and the wind was blowing and her my time. Fidelis, Dad.’’ Mr. Speaker, I withdraw the motion. Mr. Long put this letter in the cas- clothes were out to the side. It was the ket, and then he reminded me today loneliest thing I had ever seen. And the f that he intends to write a similar let- title was simply, ‘‘The Widow.’’ Now, I CONDEMNING THE MURDER OF ter to his son Triston when he deploys understand that Private Long was not PRIVATE WILLIAM LONG to Iraq this summer. yet married, but I am sure there was Mr. NADLER of New York. Mr. I want to make a brief comment someone out there that loved him, and Speaker, I move to suspend the rules about the resolution. I know that his parents loved him. And and agree to the resolution (H. Res. I was not involved with the writing the family has faced a loss that none of 515) condemning the murder of Army of this resolution. I think I would have us can even imagine. So as we salute Private William Long and the wound- phrased part of it differently. It says, Private Long, I also think it is in order ing of Army Private Quinton Resolved, that the House of Represent- to salute his family, who have paid Ezeagwula, who were shot outside the atives, number 3, urges swift prosecu- such a high price so we can stand here Army Navy Career Center in Little tion to the fullest extent of the law the in this Chamber and talk about free- Rock, Arkansas on June 1, 2009, as perpetrator of this senseless shooting. dom. amended. My own view is that we do not know Mr. Speaker, with that, I yield back The Clerk read the title of the resolu- all of the facts surrounding this shoot- the balance of my time. tion. ing. If it turns out that, in fact, the Mr. NADLER of New York. How The text of the resolution is as fol- perpetrator, whoever did this, was much time do I have remaining, Mr. lows: trained, supported by some overseas Speaker? H. RES. 515 group affiliated with al Qaeda or any of The SPEAKER pro tempore. The gen- Whereas on June 1, 2009, Private William the other terrorist groups, the hell tleman from New York has 101⁄2 min- Long, 23, was murdered outside the Army with swift prosecution. We need to utes. Navy Career Center in Little Rock, Arkan- take him out. Mr. NADLER of New York. Well, I sas; Mr. FRANKS of Arizona. Mr. Speak- won’t take that, but I yield myself the Whereas on June 1, 2009, Private Quinton er, just a personal thought on my part. balance of my time. Ezeagwula, 18, was wounded by gunfire out- side the Army Navy Career Center in Little Sometimes a country oftentimes Mr. Speaker, we ask every member of our armed services—2.6 million men Rock, Arkansas; asks itself the question of what really Whereas there are more than 1,400,000 ac- is the source and fundamental essence and women in the Active and Reserve tive component and more than 1,200,000 re- of our security. And oftentimes, we forces—to be willing to lay down their serve component members of the Armed think that that is the length and lives for our country in defense of our Forces protecting America; breadth of our military might, and I freedom, if need be, and they are will- Whereas there are more than 8,000 Army would only remind us all that thou- ing to do that. And every time, wheth- and Army Reserve recruiters and more than sands of years ago, China built the er in Iraq or Afghanistan or anywhere 7,000 Navy recruiters serving at more than 1,500 military recruiting stations and centers Great Wall to protect China. This was else around the globe, a member of our armed services is killed in action there in United States, Guam, Puerto Rico, and a wall that would have challenged Europe; some of our modern day tanks and they is a grieved family, a lover, a wife, a Whereas the men and women of the Armed thought that they were completely se- husband, a mother, a father, a son, a Forces risk their lives every day to preserve cure, but in that time China was in- daughter for all of these who are America’s freedom and to defend the liberty, vaded three different times because the grieved and whose loss can never be security, and prosperity enjoyed by the enemy simply bribed the guard who made up. And we sometimes, except on American people; opened the gate and let them in. Memorial Day, forget about that. And Whereas service in the Armed Forces en- this happens all the time, too often, tails special hazards and demands extraor- b 1430 and we don’t think about it too much. dinary sacrifices from service members; I would submit today that the great- Whereas members of the Armed Forces are We ought to think about it because our the targets of violence not only abroad but est and most important factor for the freedoms are dependent on it; our way in the United States as well; and freedom of a people is the commitment of life is dependent on it. And none of Whereas such violence is despicable and in the heart of its people, and espe- us would be here enjoying our freedoms must not be tolerated: Now, therefore, be it cially those who put on the uniform, to if it weren’t for the willingness of our Resolved, That the House of Representa- be committed enough to stand in the sons and daughters to do what they tives— way of the aggressor and their home- have to do to keep us safe and free. (1) offers its condolences to the family of land. And that is exactly what Private This resolution does not address all Private William Long; (2) hopes for a full recovery for Private Long and Private Ezeagwula tried to of that; it simply addresses two mem- Quinton Ezeagwula; and do. bers of our armed services, one of (3) urges that the perpetrator or perpetra- There is a verse that says, Greater whom was killed and one of whom was tors of this senseless shooting be brought to love hath no man than this; that a man severely wounded. But the difference is justice.

VerDate Nov 24 2008 03:46 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.048 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6335 The SPEAKER pro tempore. The gen- Whereas children spend many of their wak- hood obesity crisis. The Department of tleman from New York (Mr. NADLER) ing hours at school and therefore need to be Health and Human Services estimates and the gentleman from Arizona (Mr. active during the school day to meet the rec- that by 2010, 20 percent of children in ommendations of the Physical Activity the United States will be obese. With- FRANKS) each will control 20 minutes. Guidelines for Americans; The Chair recognizes the gentleman Whereas teaching children about physical out physical education and youth from New York. education and sports not only ensures that sports, this epidemic would surely be GENERAL LEAVE they are physically active during the school worse than its current situation. Mr. NADLER of New York. Mr. day, but also educates them on how to be Childhood obesity places a signifi- Speaker, I ask unanimous consent that physically active and its importance; cant burden on our health care system. Whereas according to a 2006 survey by the all Members have 5 legislative days to Overweight adolescents have a 70 to 80 Department of Health and Human Services, percent chance of becoming overweight revise and extend their remarks and in- 3.8 percent of elementary schools, 7.9 percent clude extraneous material on the reso- adults, a key predictor of chronic dis- of middle schools, and 2.1 percent of high ease and disability. The rise in child- lution under consideration. schools provide daily physical education or hood obesity has also been accom- The SPEAKER pro tempore. Is there its equivalent for the entire school year, and panied in the rise of prevalence of type objection to the request of the gen- 22 percent of schools do not require students 2 diabetes among children and adoles- tleman from New York? to take any physical education at all; cents. There was no objection. Whereas according to the survey, 13.7% of elementary schools, 15.2% of middle schools, Teaching children about physical Mr. NADLER of New York. Mr. and 3.0% of high schools provided physical education and sports provides not only Speaker, I ask the gentleman from Ari- education at least three days per week, or physical activity during the typically zona if he is prepared to yield back at the equivalent thereof, for the entire school sedentary school day but also instills this time. year for students in all grades in the school; in children the importance of physical Mr. FRANKS of Arizona. I am. Whereas research shows that fit and active activity as a way to stay healthy. It is Mr. NADLER of New York. Mr. children are more likely to thrive academi- cally; important that we recognize and en- Speaker, I yield back the balance of courage physical education in our Na- my time. Whereas participation in sports and phys- ical activity improves self-esteem and body tion’s schools as a necessary compo- The SPEAKER pro tempore. The image in children and adults; nent of a holistic education. question is on the motion offered by Whereas the social and environmental fac- Mr. Speaker, I urge my colleagues to the gentleman from New York (Mr. tors affecting children are in the control of recognize the value of physical edu- NADLER) that the House suspend the the adults and the communities in which cation and youth sports. A 2006 survey rules and agree to the resolution, H. they live, and therefore this Nation shares a by the Department of Health and Res. 515, as amended. collective responsibility in reversing the Human Services found that only 3.8 The question was taken; and (two- childhood obesity trend; and percent of elementary schools, 7.9 per- thirds being in the affirmative) the Whereas Congress strongly supports efforts to increase physical activity and participa- cent of middle schools, and 2.1 percent rules were suspended and the resolu- tion of youth in sports: Now, therefore, be it of high schools provide daily physical tion, as amended, was agreed to. Resolved, That the House of Representa- education or its equivalent for the en- A motion to reconsider was laid on tives— tire school. Twenty-two percent of the table. (1) recognizes National Physical Education schools do not require students to take and Sport Week and the central role of phys- f any physical education. This exists de- ical education and sports in creating a spite research that shows a positive RECOGNIZING NATIONAL PHYS- healthy lifestyle for all children and youth; correlation between physical activity (2) calls on school districts to implement ICAL EDUCATION AND SPORT and academic performance. In addition, WEEK local wellness policies as defined by the Child Nutrition and WIC Reauthorization physical activity provides our children Mr. TONKO. Mr. Speaker, I move to Act of 2004 that include ambitious goals for with self-esteem and improves their suspend the rules and agree to the reso- physical education, physical activity, and emotional health. lution (H. Res. 503) recognizing Na- other activities addressing the childhood We recognize that our Nation shares tional Physical Education and Sport obesity epidemic and promoting child a collective responsibility in reversing Week, and for other purposes. wellness; and the trend of childhood obesity. Na- (3) encourages schools to offer physical The Clerk read the title of the resolu- tional Physical Education and Sports education classes to students and work with Week reaffirms the central role that tion. community partners to provide opportuni- The text of the resolution is as fol- ties and safe spaces for physical activities these activities play in encouraging lows: before and after school and during the sum- healthy practices for children. The future of our children’s health is H. RES. 503 mer months for all children and youth. The SPEAKER pro tempore. Pursu- an issue that deserves our Nation’s ut- Whereas, May 1 through May 7, 2009, is ob- most attention. Mr. Speaker, I thank served as National Physical Education and ant to the rule, the gentleman from my good friend and colleague, Con- Sport Week; New York (Mr. TONKO) and the gen- Whereas childhood obesity has reached epi- tleman from Pennsylvania (Mr. gressman ALTMIRE, for introducing this demic proportions in the United States; PLATTS) each will control 20 minutes. resolution, and I urge our colleagues to Whereas the Department of Health and The Chair recognizes the gentleman support it. Human Services estimates that, by 2010, 20 from New York. Mr. Speaker, I reserve the balance of percent of children in the United States will GENERAL LEAVE my time. be obese; Mr. PLATTS. Mr. Speaker, I yield Whereas a decline in physical activity has Mr. TONKO. Mr. Speaker, I request 5 legislative days during which Members myself such time as I may consume. contributed to the unprecedented epidemic Mr. Speaker, I rise today in support may revise and extend and insert ex- of childhood obesity; of House Resolution 503 to recognize Whereas regular physical activity is nec- traneous material on House Resolution National Physical Education and essary to support normal and healthy growth 503 into the RECORD. in children; The SPEAKER pro tempore. Is there Sports Week, which took place this Whereas overweight adolescents have a 70 objection to the request of the gen- year from May 1 through May 7. to 80 percent chance of becoming overweight tleman from New York? The health and wellness of America’s adults, increasing their risk for chronic dis- There was no objection. children is undoubtedly a subject of ease, disability, and death; Mr. TONKO. Mr. Speaker, I yield my- great concern at this time in history. Whereas type 2 diabetes can no longer be self such time as I may consume. Over 33 percent of America’s elemen- referred to as ‘‘late in life’’ or ‘‘adult onset’’ Mr. Speaker, I rise today in support tary school children are overweight or diabetes because it occurs in children as obese, and over 13 percent of America’s young as 10 years old; of House Resolution 503, which sup- Whereas the Physical Activity Guidelines ports efforts to increase physical activ- high school children are obese. for Americans recommend that children en- ity and participation of youth in Overweight and obese children are gage in at least 60 minutes of physical activ- sports. developing diseases and vascular condi- ity on most, and preferably all, days of the Physical education is necessary in tions that were once thought of as con- week; the face of our Nation’s growing child- ditions affecting only the middle-aged.

VerDate Nov 24 2008 03:46 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.052 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6336 CONGRESSIONAL RECORD — HOUSE June 9, 2009 Obese children have been shown to be States. And as a result, children are b 1445 at an increased risk of coronary heart now being diagnosed with high blood We have got an alternative bill called disease, diabetes, respiratory problems, pressure, high cholesterol, and type 2 the American Energy Innovation Act, a and numerous other debilitating dis- diabetes, all afflictions once thought to bill that takes an all-of-the-above ap- eases. In addition, they often suffer be age-related. And these children are proach, that actually utilizes American from low self-esteem and feelings of at an increased risk also for chronic natural resources, our oil, our natural isolation and other psychological side diseases like heart disease and cancer. gas. There are estimates that we have effects. The benefits of physical activity have got almost 100 years of natural gas re- Physical activity is an important as- been well-documented. Research shows serves here in this country. In fact, in pect of health in preventing obesity daily physical activity reduces the risk Louisiana, the largest natural gas find and obesity-related illnesses in both of heart disease, high blood pressure, in the history of our country occurred children and adults. Regular physical and diabetes, and also increases self-es- just 3 years ago. I know one of my col- activity substantially reduces the risk teem and performance in the class- leagues will be talking about that. But of a number of preventable diseases, room. It is for these reasons and many we have got the ability here in our such as coronary heart disease, the Na- more, Mr. Speaker, that I introduced country to secure our energy independ- tion’s leading cause of death, and de- this resolution, and I encourage my ence. We’ve got legislation we have creases the risk for stroke, colon can- colleagues to support it. filed that would help us secure that en- cer, diabetes, and high blood pressure. Mr. PLATTS. Mr. Speaker, I yield 5 ergy independence, and they won’t It also helps to control weight, contrib- minutes to the distinguished gen- allow us a hearing on this bill because utes to healthy bones, muscles, and tleman from Louisiana (Mr. SCALISE). they are promoting this cap-and-trade joints, reduces falls for older adults, Mr. SCALISE. Mr. Speaker, I appre- energy tax, a tax on energy. Again, as and is associated with fewer hos- ciate my colleague’s offer to yield time we’re talking about our young chil- pitalizations. on this bill as this bill discusses the dren, encouraging them to lead healthy Physical activity need not be stren- need to create healthy lifestyles for lifestyles, we need to also be creating uous to be beneficial, but in the age of children. I think that something we policies here that give them those op- innumerable video games, computer should also be discussing here is the portunities so that they don’t get out activities, and television channels, it need to create economic opportunities of school and have to go straight to the often takes a back seat in the lives of for children, to make sure that our unemployment line. America’s youth. children not only are having a lifestyle Their bill, this cap-and-trade energy Physical education and sports en- that’s healthy in school, teaching tax, and I have got a copy of it right courage children to participate in physical fitness, but also making sure here. There are 55 pages, 55 pages in physical activity on a regular basis in that we are dealing with policies up their bill dedicated to job losses, to a group setting that can foster team- here in Washington that allow them to American jobs that will be lost due to work, competition, and a sense of ac- have real opportunities when they get a cap-and-trade energy tax. In fact, the complishment. In addition, a correla- out of school. National Association of Manufacturers tion has been seen between children There is one bill that is moving has estimated the cap-and-trade energy that participate in sports and higher through this body right now, the cap- tax would run 3 to 4 million jobs out of academic achievement in the class- and-trade energy tax, that would se- America to countries like China and room. verely jeopardize our children’s oppor- India, who are just chomping at the bit Participation of children in organized tunities to have a better life, to have to take our jobs. sports has grown in recent decades. the opportunities that we had in our So you would wonder why at a time However, the percentage of children life. And so as we are talking about when we are here discussing legislation participating in daily physical edu- legislation right now to create healthy to encourage our children to lead cation programs has declined in recent lifestyles, I think we should also be healthy lifestyles, as we should, there’s times; although the importance of looking at the policies that come out also legislation moving through this physical activity has become increas- of this body that could actually create Congress, pushed by the leadership in ingly apparent. big impediments, impediments that this Congress, that’s trying to tax en- The Centers for Disease Control and would deny them opportunities when ergy and run millions of jobs overseas Prevention recommends that children they graduate from school. to countries like China and India at a engage in 60 minutes of physical activ- Let’s talk about that cap-and-trade time when we are seeing record-level ity 5 or more days a week. Only 35 per- energy tax that is moving through. We unemployment, over 9 percent. We cent of children regularly meet this just got a new, updated report by the broke the mark of 9 percent just in this recommendation, however. Physical Congressional Budget Office. The cap- last report, 9 percent unemployment in education programs and sports create and-trade energy tax that has been pro- this country, at a time when so many an opportunity for children to build posed imposes $846 billion in new taxes, people are cutting back because times lifelong healthy habits in a fun and en- taxes on energy that would affect every are tough. And the answer that the gaging environment. As such, they American, denying people the ability leadership in Congress has is to pro- should be supported and encouraged. to buy healthy food for their children mote a tax on energy, an $840 billion I ask my colleagues to support this because they would be spending, ac- tax on energy that would run millions resolution. cording to the President’s own budget of jobs overseas. Mr. Speaker, I reserve the balance of director, $1,300 a year more in higher The real irony, when they talk about my time. utility prices, not to mention how the goal of reducing carbon emissions, Mr. TONKO. Mr. Speaker, I am much more money they would be the real irony is the countries that will pleased to recognize an outstanding spending in higher gas prices at the be getting our jobs, China, to produce colleague, the gentleman from Penn- pump, creating a greater dependence the same steel that’s produced here in sylvania (Mr. ALTMIRE), for 2 minutes. on Middle Eastern oil at a time when America today, will actually emit Mr. ALTMIRE. Mr. Speaker, I rise we need to be creating a national en- more carbon to produce the same steel today in support of my resolution to ergy policy that is comprehensive, that because they don’t have the current en- celebrate National Physical Education uses our natural resources to create vironmental regulations that we have and Sports Week. This resolution sim- good jobs here in America, to fund and here in America. So the real irony is ply recognizes the role that physical bridge us into those alternative sources that they would be running jobs over- activity and sports play in creating a of energy, like wind, like solar, like seas to countries that will actually healthy lifestyle for children and nuclear power, so that we can truly re- emit more carbon. adults and encourages schools and duce our dependence on Middle Eastern Spain just did a study on cap-and- communities to promote physical edu- oil and give those young children an trade because they experimented with cation and activities. opportunity to have good jobs here in it for years. Spain, after finally real- Today, there are more than 9 million America, using American natural re- izing it was a bad idea, looked back and overweight children in the United sources to propel them. noticed that for every new job they

VerDate Nov 24 2008 03:46 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.054 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6337 created in a ‘‘green’’ industry, they carry pay easily in the $50,000 to they have to bear, and it’s a burden lost 2.2 regular jobs, and of those new $100,000 range in many cases. And the that affects all segments of the society. jobs they created, 9 out of 10 of them so-called ‘‘green’’ jobs that are dis- Those that I worry most about actually were temporary jobs. So, in essence, cussed, if you look at Spain and their are those who live paycheck to pay- they lost 20 jobs for every full-time job experience, what they found was that check and those who just barely get by they created. 90 percent of the green jobs were imple- in their household budgets and what So we need to promote good policies, mentation jobs, that is, construction. this significant increase of costs will but we need to defeat this cap-and- And, of course, once the construction be, specific to turning a light switch on trade energy tax. or implementation period is over, that in Pennsylvania with energy costs Mr. TONKO. Mr. Speaker, I reserve job goes away; so there is only left a going up 30 percent, with filling up the balance of my time. remaining 10 percent of the total green your gas. I represent a very rural dis- Mr. PLATTS. Mr. Speaker, I yield 5 jobs that even become permanent jobs. trict, and in rural America we drive. minutes to the distinguished gen- But then if you look further under- We drive to work. We drive to pick up tleman from Louisiana (Mr. FLEMING). lying that, Mr. Speaker, what you find our groceries. We drive sometimes to Mr. FLEMING. Mr. Speaker, I want is that the green jobs are really a pass- pick up our mail. And the cost of gas is to thank my friend from Pennsylvania through of taxpayer money into the estimated to increase by 76 percent. for yielding me this time. system and then as payroll for these Those are costs that our families and I think this is an important bill. I do so-called ‘‘green’’ jobs. They are not a individuals cannot bear. rise in support of it. I’m a family phy- direct result of an exponential growth But I think there is something out sician who has treated diabetes even in of a healthy economy or a healthy oil there, as opposed to this big govern- and among teenagers, which is a sad and gas industry. ment proposal of cap-and-trade, that situation when you consider the future So, as we move into this debate—and we should be looking at, and that is of someone who develops diabetes so I understand it’s being pushed pretty using our natural resources like nat- young. And certainly the physical fu- hard right now—we’ve got to decide are ural gas. Natural gas currently ac- ture is very important. we going to continue to put more taxes counts for roughly 23 percent of our But I am also very concerned about on our citizens in the way of higher overall energy consumption, and nat- the fiscal future of our youth. I’m very utility bills, which will impact the ural gas is the cleanest fossil fuel. Nat- troubled today. A constituent came to poor and those on fixed income to the ural gas is used for many energy me today from the oil and gas industry tune of over $3,000 a year of added elec- sources, but it’s also vital as a feed- and was discussing with me the prob- trical bills, or are we going to see our stock ingredient in many products we lems that already are emerging with manufacturing have to leave this coun- consume every day. Anything from the loss of tax incentives to invest in try and go overseas because it can no plastics to pharmaceuticals use natural exploration that is going on in my dis- longer compete with the higher energy gas as an ingredient. trict and districts around. So, Mr. costs? What is really the question Now, as a member of the House Agri- Speaker, I think that looking down the here? How are we going to have more culture Committee, I must point out line here at the fact that we have not revenue into our Treasury by killing how important natural gas is to our yet developed an energy policy, I know off jobs? farmers and our agricultural sector. We my side of the aisle, we Republicans, So I don’t think this is any longer a can’t grow our food without fertilizer, attempted to get to the floor a no-cost theoretical discussion. I think we are and natural gas is an important ingre- stimulus bill which would have, I talking about real people and real jobs. dient in fertilizer. We only have to go think, been very innovative and cer- And all we have to do is to look at back as far as last summer when we tainly revolutionary in getting our en- Spain and other countries who have at- saw the price of energy skyrocket in ergy costs down. But having said that, tempted this. our country, and that’s what we are as gas prices now are approaching $3 a But just in summary, Mr. Speaker, I looking at now under cap-and-trade, to gallon and we are still in a severe re- think that we need to be very careful see what the impact of that was on our cession, just think that even $4 a gal- about what government is taking over farmers and on food prices. Many farm- lon pretty soon is probably going to be and what it’s controlling. If you look ers in the past few years have been bypassed very quickly. to Western Europe, where socialism hurting because of high energy costs. With that, I just want to reiterate has been rampant for years, you actu- The United States has an abundant what my friend also from Louisiana, ally see a retraction, a move away supply of natural gas, and the vast ma- Mr. SCALISE, has discussed as we move from that. Even Pravda made a state- jority of what we consume is produced into the cap-and-trade debate, the cap- ment recently that we are going head- right here at home. Let me repeat that. and-tax debate, if you will, where every long into Marxism when, in fact, the The vast majority of natural gas we analyst that we have been able to read rest of the world is pulling back. produce, that’s a homegrown product, sees this as a pure form of taxation, The SPEAKER pro tempore. The and that’s good for this country. that the real underlying purpose of it time of the gentleman has expired. Oil, for instance, is a world price. is to raise more money for, I guess, so- Mr. FLEMING. With that, I thank That means that we pay $69 a barrel, cial spending or perhaps single-payer, you for your time in the discussion. today’s price, but so does Germany, nationalized, health care spending. I’m Mr. TONKO. Mr. Speaker, I reserve Japan, and Canada. However, natural not sure. But the net effect of that is the balance of my time. gas is not a world price, meaning that just what we have seen with the incu- Mr. PLATTS. Mr. Speaker, I yield 5 the price of natural gas varies from bator that we call Spain, and that is minutes to the distinguished gen- country to country, and it’s simply cap-and-tax has been in play there for tleman from Pennsylvania (Mr. THOMP- supply and demand. When we produce 10 years, and what has been the net re- SON). more natural gas, its costs will come sult? Mr. THOMPSON of Pennsylvania. I down. Well, today the unemployment rate thank the gentleman from Pennsyl- Now, having said that, I believe that in Spain is 17.5 percent. As Mr. SCALISE vania for yielding. we should expand upon our natural gas mentioned, for every job that’s been Mr. Speaker, in this steady march production, which could act as a bridge gained, a so-called ‘‘green’’ job—and and drum towards cap-and-trade or to get us into a future where renew- again, I will get to that in a moment as cap-and-tax, it strikes me that cer- ables really will be the major energy to what a green job, I think, is sup- tainly the health of our Nation is real- source. Renewables such as wind, solar, posed to be—there has been a loss of 2.2 ly what’s at risk here in terms of what and the like are all energy sources that real jobs. And I can assure you, Mr. cap-and-trade will do to our Nation, we would like to utilize. But it’s also Speaker, that in the State of Louisiana what it does to our businesses, our in- important to bear in mind that these and surrounding States that the jobs dustries, what it does to our families, sources make up only about 1 percent that we have today that come from the what it does to the individual citizens of what we consume, and the major oil and gas industry are very signifi- in terms of the costs that will be reason for that is because they are not cant jobs. They carry benefits. They placed upon them, the burden that as inexpensive as coal, oil, and natural

VerDate Nov 24 2008 03:52 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.056 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6338 CONGRESSIONAL RECORD — HOUSE June 9, 2009 gas. However, the majority party in and which will give them stronger aca- lution (H. Res. 453) recognizing the sig- Washington would like to make renew- demic performance. nificant accomplishments of the ables more viable by increasing the I strongly urge our colleagues to sup- AmeriCorps and encouraging all citi- costs of fossil fuels through the pro- port House Resolution 503. I encourage zens to join in a national effort to sa- posed cap-and-trade bill. them to vote ‘‘yes’’ on Representative lute AmeriCorps members and alumni, Now, last fall the House Republicans ALTMIRE’s resolution. and raise awareness about the impor- had an important and major victory in Ms. WATERS. Mr. Speaker, I rise in strong tance of national and community serv- Congress. They led the way in remov- support of H. Res. 503—Recognizing National ice. ing a longstanding moratorium on the Physical Education and Sport Week. The Clerk read the title of the resolu- Outer Continental Shelf. I would like This measure will signal to school districts tion. to see us move forward in producing in across the country that they must begin to The text of the resolution is as fol- the OCS, which estimates the project place health and wellness among their top pri- lows: has a net royalty worth of $1.7 trillion. orities when planning curriculums for the up- H. RES. 453 coming school year. The rates of childhood Whereas the AmeriCorps national service b 1500 obesity, heart disease, and diabetes in this program, since its inception in 1994, has Another area that shows great prom- country are unacceptable, and it is incumbent proven to be a highly effective way to engage ise is my home State of Pennsylvania. upon local school systems to provide pro- Americans in meeting a wide range of local Eighty percent of Pennsylvania rests grams and education that will teach students needs, national response directives, and pro- upon the Marcellus Shale, which is fundamental healthy lifestyle habits. mote the ethic of service and volunteering; Therefore, I firmly support this resolution Whereas, each year, AmeriCorps provides likely the third largest natural gas opportunities for 75,000 citizens across the field in the world. That’s literally hun- and I commend my colleague Rep. JASON Nation to give back in an intensive way to dreds of trillions of cubic feet of clean- ALTMIRE for bringing this measure before the their communities, States, and to the Na- burning natural gas that could power floor. tion; our country for decades, bringing jobs Physical education that takes place within Whereas those same individuals have im- and all of the economic benefits with schools and incorporates nutritional guidelines, proved the lives of the Nation’s most vulner- it. physical activity, and a holistic approach to fit- able citizens, protect the environment, con- Just today, in The Wall Street Jour- ness will not only reverse the alarming in- tribute to public safety, respond to disasters, and strengthen the educational system; nal, there was an article on the mar- crease in childhood obesity, but it will also re- sult in a general decline in obesity and heart Whereas AmeriCorps members, after their ketplace page entitled, ‘‘KKR Invests terms of service end, remain engaged in their in Gas Explorer.’’ Within cap-and- disease among the general U.S. population. communities as volunteers, teachers, and trade, we talk a lot about these renew- As studies have shown, obese children have nonprofit professionals in disproportionately ables that only exist because of the a 70 to 80 percent chance of becoming over- high levels; subsidy that we’re putting into them. weight adults, further increasing their risk for Whereas AmeriCorps members serve thou- This is a great article because this is chronic disease. sands of nonprofit organizations, schools, what America is all about in terms of Our nation’s minority communities are at and faith-based and community organiza- particular risk, as poverty, lack of education, tions each year; real science. It talks about the com- Whereas, on April 21, 2009, President pany KKR that has invested in gas ex- and diets high in fat and calories are all con- tributing factors increasing the likelihood of Barack Obama signed the Edward M. Ken- ploration. It didn’t take stimulus nedy Serve America Act, passed by bipar- money. It didn’t take subsidy money childhood obesity. During my visits to schools tisan majorities in both the House and the from the Federal government or from and conversations with children and their par- Senate, which reauthorizes and expands any other level of government. It was ents, I always emphasize the importance of AmeriCorps programs to incorporate 250,000 free market enterprise money for in- not only academic success, but also a healthy volunteers each year; vesting in natural gas because they lifestyle including physical fitness. Whereas national service programs have Mr. Speaker, it is imperative that we begin engaged millions of Americans in results- recognized the value of it. driven service in the Nation’s most vulner- Mr. TONKO. Mr. Speaker, does the to rethink our old paradigms about health. In addition to treating the effects of unhealthy able communities, providing hope and help gentleman from Pennsylvania have any to people facing economic and social needs; further speakers? lifestyle habits—heart disease, diabetes, and Whereas, this year, as the economic down- Mr. PLATTS. Mr. Speaker, I do not chronic illness—we must enhance our efforts turn puts millions of Americans at risk, na- have any additional speakers. I urge a to promote prevention of disease and encour- tional service and volunteering are more im- ‘‘yes’’ vote, and I yield back the bal- age healthy living. portant than ever; and ance of my time. Redirecting our attention toward youth Whereas 2009’s AmeriCorps Week, observed Mr. TONKO. Mr. Speaker, routinely, health today will help children grow up to be May 9 through May 16, provides the perfect healthy and productive adults. This will also opportunity for AmeriCorps members, this Chamber is visited by many young alums, grantees, program partners, and people, by many groups of young peo- reduce future healthcare costs. Therefore, I am pleased to add my voice of support for H. friends to shine a spotlight on the work done ple, reminding us that we are in need of by members—and to motivate more Ameri- promoting and of advancing sound and Res. 503. Moreover, I will be working with my cans to serve their communities: Now, there- principled ideas and policies that will colleagues to make sure we continue to take fore, be it be inherited by them, by their genera- the necessary steps to educate our nation’s Resolved, That the House of Representa- tion. They will inherit the good and children and adults about the importance of tives— (1) encourages all citizens to join in a na- the bad works that we do, and they will healthy lifestyle habits. Mr. TONKO. I yield back the balance tional effort to salute AmeriCorps members count on us for finding sound and rea- of my time, Mr. Speaker. and alumni, and raise awareness about the sonable solutions. The SPEAKER pro tempore. The importance of national and community serv- That being said, I believe it’s very question is on the motion offered by ice; (2) acknowledges the significant accom- important for us to advance the oppor- the gentleman from New York (Mr. tunity for them to have a sounder envi- plishments of the AmeriCorps members, TONKO) that the House suspend the alumni, and community partners; ronment. They have the right to rules and agree to the resolution, H. breathe cleaner air. We have within our (3) recognizes the important contributions Res. 503. to the lives of our citizens by AmeriCorps grasp the opportunity to reduce that The question was taken; and (two- members; and carbon footprint. We have the oppor- thirds being in the affirmative) the (4) encourages citizens of all ages and tunity to go forward and to cut this rules were suspended and the resolu- backgrounds and from each state to consider pattern of advancing $475 billion annu- tion was agreed to. serving in AmeriCorps. ally to foreign economies for fossil- A motion to reconsider was laid on The SPEAKER pro tempore. Pursu- based fuels. We can do better with the table. ant to the rule, the gentleman from green solutions, and we can advance f New York (Mr. TONKO) and the gen- House Resolution 503, which allows for tleman from Pennsylvania (Mr. us to promote physical education and RECOGNIZING AMERICORPS PLATTS) each will control 20 minutes. sports, which will advance the general Mr. TONKO. Mr. Speaker, I move to The Chair recognizes the gentleman health and well-being of our students suspend the rules and agree to the reso- from New York.

VerDate Nov 24 2008 04:47 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.058 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6339 GENERAL LEAVE individuals who take action towards ice programs. This most recent legisla- Mr. TONKO. Mr. Speaker, I request 5 building better communities. tion will also help smaller organiza- legislative days during which Members We observed AmeriCorps Week May 9 tions participate in national service, may revise and extend and insert ex- through May 16. AmeriCorps Week pro- and it will ensure that the unique traneous materials on House Resolu- vides current volunteers, alums, grant- skills of America’s veterans are well- tion 453 into the RECORD. ees, program partners, and friends with utilized. The SPEAKER pro tempore. Is there the opportunity to highlight the im- AmeriCorps offers 75,000 opportuni- objection to the request of the gen- portant work done by this great orga- ties for adults of all ages and back- tleman from New York? nization. It is a chance for us to thank grounds to address a myriad of needs in There was no objection. those individuals whose service to soci- communities all across America, such Mr. TONKO. I yield myself such time ety cannot be fully measured. as tutoring and mentoring disadvan- as I may consume. It is also a wonderful opportunity for taged youth, fighting illiteracy, build- Mr. Speaker, I rise today to recognize us to motivate future individuals to ing affordable housing, and assisting the substantial contributions that pursue the ethic of service, whether in communities in times of natural dis- AmeriCorps has made towards national organizations such as AmeriCorps or in aster. For example, in the last 3 years, and community service. the various other service opportunities more than 4 million service hours have AmeriCorps began in 1994 as an effort that exist in our Nation. The ethic of been spent helping gulf coast commu- to engage Americans in the ethic of service is a manifestation of the great- nities recover and rebuild after Hurri- service and volunteerism. The organi- er ideal of democracy. The AmeriCorps canes Katrina and Rita. That’s 4 mil- zation launched following the estab- pledge begins: ‘‘I will get things done lion hours of service made possible by lishment of the Corporation for Na- for America to make our people safer, the organizations and by the individ- tional and Community Service under smarter, and healthier.’’ It is impor- uals who chose to participate in the the National and Community Service tant that we recognize that service is a AmeriCorps programs. Trust Act. The initial class of 20,000 civic duty. Not only do we express This resolution recognizes one week volunteers established an immediate gratitude for service, but we express where we salute current and former tradition of assisting communities gratitude through service. When we ac- AmeriCorps members for their impor- across the country. This tradition in- knowledge the significant accomplish- tant work. It also allows us to thank volves improving the lives of the Na- ments of AmeriCorps as an organiza- all community partners who make it tion’s most vulnerable citizens, pro- tion, we affirm the importance of serv- possible for AmeriCorps members to tecting the environment, contributing ice as a necessary component of any serve. to public safety, responding to disas- democracy. I want to take this opportunity to ters, and strengthening our edu- Mr. Speaker, I encourage everyone to thank my fellow cochairs on the Na- cational system. take a moment to appreciate the con- tional Service Caucus, Representatives We recognize the real impact that tributions made by AmeriCorps. These MATSUI, EHLERS and PRICE, for intro- AmeriCorps has and continues to have volunteers are the muscle of America, ducing this resolution. I ask my col- on our Nation’s communities. Since and they deserve this recognition. leagues to support it. 1994, more than 570,000 individuals have I want to thank Representative MAT- I reserve the balance of my time. served with the organization. These in- SUI for bringing this resolution to the Mr. TONKO. Mr. Speaker, I reserve dividuals have tackled some of the Na- floor, and I urge my colleagues to pass the balance of my time. tion’s toughest issues, including illit- this resolution. Mr. PLATTS. Mr. Speaker, I yield as eracy, gang violence, homelessness, I reserve the balance of my time. much time as he may consume to the and drug abuse. They have worked with Mr. PLATTS. I yield myself such distinguished gentleman from Georgia thousands of organizations ranging time as I may consume. (Mr. BROUN). from Habitat for Humanity to the Red Mr. Speaker, I rise today in support Mr. BROUN of Georgia. I thank my Cross. After their terms of service, of House Resolution 453, a resolution colleague of Pennsylvania for yielding these members remain engaged in their recognizing AmeriCorps Week observed me some time. communities as volunteers, as teach- last month on May 9 through May 16. Mr. Speaker, this bill encourages ers, and as nonprofit professionals at AmeriCorps recognizes the individ- Americans to support AmeriCorps. disproportionately high levels. uals who have chosen to participate in There are some around the country In my district, in the capital region the AmeriCorps program, and they who would agree with that. There are of New York State, we have a large have dedicated a significant amount of others who would not because there are AmeriCorps program with the Self Ad- time helping others in local commu- problems with AmeriCorps, such as vocacy Association of New York. The nities. moneys that have been expended on AmeriCorps members, all with develop- In 1990, President George Herbert ACORN. Other funds and efforts by mental disabilities, travel around the Walker Bush signed the National Serv- AmeriCorps volunteers have been uti- State, giving presentations—promoting ice Act, a network of national service lized in campaigns, which I don’t think the importance of self-advocacy for programs that engage Americans in in- is quite appropriate, particularly when people with disabilities, the general tensive service to meet the Nation’s we’re trying to promote volunteerism. awareness of disability-related issues vital needs in education, public safety, Whether people would support and the importance of full community health, and the environment. AmeriCorps or not, I think that there inclusion of people with disabilities. In 1993, President signed is another issue that, if the American This is important work, and I am so the National Community Service Trust people were to fully comprehend and pleased we have these volunteers back Act, which established the Corporation understand, the vast majority of this home in my congressional district. We for National and Community Service, country would not support. It’s what realize that, as this current economic which brought the full range of domes- the liberals in this Congress are calling downturn puts millions of Americans tic community service programs under cap-and-trade legislation. I call it tax- at risk, the need for volunteers and na- the umbrella of one central organiza- and-cap legislation because that’s what tional service will be more important tion. it’s all about. It’s about taxes. In fact, than ever. Finally, just a few months ago, Presi- the President recently said, if this bill The recently signed Edward M. Ken- dent Obama signed the latest reauthor- were not passed, he would not have the nedy Serve America Act expands the ization of the Corporation for National money to fund his socialized medicine AmeriCorps program to incorporate and Community Service, a bill that program for which he is actually push- some 250,000 volunteers each year. It is was developed and passed in a strong ing very hard and for which he wants important to recognize the commit- bipartisan fashion in both Chambers. passed by the end of this year. ment of these volunteers so that future This legislation builds on the reforms Now, socialized medicine is going to generations will continue to support to the corporation, started by the pre- take people’s choices away. It’s going the ideal of national service. The vious administration, to ensure addi- to take their choices of doctors away, strength of our Nation depends upon tional accountability in national serv- their choices of hospitals, their choices

VerDate Nov 24 2008 03:52 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.061 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6340 CONGRESSIONAL RECORD — HOUSE June 9, 2009 of what medications they can utilize, rabid environmental activist in this going down the same road that Hugo whether they can even have a proce- country. I’m a physician, and I know Chavez has taken the Venezuelans. dure or have surgery that is so des- what dirty air does to my patients who Venezuela nationalized their energy perately needed. It’s going to be a pro- have chronic obstructive pulmonary systems. That’s exactly what we’re gram that’s going to literally kill peo- disease or chronic asthma and lung dis- trying to do here with cap-and-trade. ple because it’s going to deny them eases. We must have clean air. We can In Venezuela, Hugo Chavez national- care that’s desperately needed. do that, but we can do that without de- ized the financial institutions. We’ve So this tax-and-cap legislation— stroying our economy. We can do that already done that. We’ve nationalized ‘‘cap-and-trade’’ as it’s called—is about without costing American jobs. Chrysler and GM, and they’re trying to money. It’s not about the environment. All we’re going to do is run jobs over- force Ford into the same trap. We’ve It’s about money. It’s about more funds seas instead of having them here in nationalized the insurance industry. being brought into the Federal govern- America. We ought to have public pol- We’re nationalizing everything of ment to foster what I call a ‘‘steamroll icy that grows our economic base, not major consequence in this country eco- of socialism’’ that’s being shoved down kills it. Tax-and-cap legislation would nomically. And now the leadership the throats of the American people. It’s kill it. We ought to have public policy wants to nationalize, federalize, social- going to slay the American economy. that stimulates the economy instead of ize the health care system in America. It’s going to cost jobs. kills it. Tax-and-cap will kill it. Now where is that train going to take The President has talked about using We are in a bad economic situation us? We’ve got a clear picture of that, Spain as the icon for what we should today. People are hurting all over this too. All we have to do is look in Cuba, look at. Well, in Spain, the icon that country. We are borrowing too much. look in the Soviet-controlled Soviet the President looks to, we have already We’re spending too much. We’re taxing Union prior to them making their re- seen that for every single green job too much. We see the policy from this forms and turning toward a more cap- that it has produced another 2.2 jobs, administration and the liberal leader- italistic system. But we can look at which were real jobs, permanent jobs, ship of Congress in both the House and Cuba. Cuba, prior to Fidel Castro tak- were destroyed. the Senate that is going to not only ex- ing over that government, was very In my congressional district in tend this current recession, but I be- prosperous. Certainly they had prob- northeast Georgia, right now, today, in lieve it’s going to deepen it. I believe it lems, but not the problems that they many counties, we have an unemploy- will even take us into a severe reces- have today. In Cuba we have a very ment rate of nearly 14 percent. The na- sion to the point of a frank, outright rich elite, headed by a Marxist, Fidel tional average is over 9 percent. In depression. Tax-and-cap legislation is Castro. The vast majority of the people northeast Georgia, it’s higher, much going to be the locomotive that takes in that country are struggling, very higher. I have manufacturing entities us down those tracks, and it’s going to poor, with no choices. That’s exactly within my district that tell me, if this be a high-speed train taking us toward where we’re heading in America today cap-and-trade/tax-and-cap legislation is economic ruin. That high-speed train is if we continue down this road, this passed, they’re going to lock the doors, going to run off a cliff, and it’s going to steamroller of socialism, this high- and the unemployment rate in north- take the American economy and the speed train that’s going to drive us off east Georgia is going to go up mark- American people with it. It’s going to the economic cliff. We’ve got to stop it. edly from what it is today, which is kill small business. It’s going to kill Republicans have offered alternative roughly 14 percent. I think we’re going big business. It’s going to kill jobs. It’s after alternative. We had alternatives to see 18 percent, 20 percent, maybe 25 going to hurt poor people. It’s going to to the housing crisis. The liberals on percent unemployment in northeast hurt the elderly, those on limited in- the other side were obstructionists. Georgia because of one bill, because of comes. It’s going to raise the cost of They wouldn’t let our alternatives be one bill that is being pushed down the medicine, raise the cost of health care. heard. We had alternatives to the stim- throats of the American people: this And why are we doing this? It is so, ulus bill. I call it the nonstimulus bill cap-and-tax—‘‘tax-and-cap’’ as I call as the President himself has said, that because it has not and will not stimu- it—cap-and-trade legislation, the Wax- he can have the funds to create a big- late the economy. We had alternatives. man-Markey bill. ger socialized medicine program and The other side were obstructionists. other socialized programs, bigger gov- They would not allow our ideas to be b 1515 ernment, bigger spending, more eco- heard or brought to this floor for de- It’s going to be disastrous for the nomic doom and gloom that’s going to bate. American economy, it’s going to be dis- be foisted upon the American people. We’ve offered alternatives to the astrous for American workers, and it’s We’ve got to stop it. And if the Amer- banking crisis. But what have we done? going to be disastrous for the poor and ican people realized what was hap- We’ve bailed out Wall Street. Repub- those who are on limited incomes. pening, they’d stand up and say no to licans have offered many alternatives Why do I say that? Well, I say that cap-and-tax, cap-and-trade, what I call to bail out Main Street, but they are because every single person in this tax-and-cap legislation, as well as the not heard on this floor. Over and over country utilizes energy. Every single socialized medicine program, the two again, the other side has been obstruc- person, when they flip on their light big things that this administration and tionist. They’ve blocked every effort switch, their electric bill is going up. the liberal leadership in this Congress that we have brought on our side, from Every single person in this country is are pushing. Both of them are going to the Republican side, to bring forth dependent upon gasoline or diesel fuel. be disastrous. Both of them are going commonsense, market-based free en- Why? Even if they don’t have a car, to kill jobs. Both of them are going to terprise solutions that would not have even if they use public transportation, take away choices. Both of them are put our children and grandchildren’s it is gasoline and diesel fuel that moti- going to destroy our economy. Both of futures at peril. But the other side vates America. But it’s more than them are going to put our children and have been obstructionists. They have that. Groceries don’t grow in the gro- grandchildren in severe economic peril. not allowed those things to be heard. cery store. Grocery prices are going to And believe me, I believe it’s immoral. They have been buried in committee. go up markedly because of this tax- I think it’s totally immoral because we We introduced the bills. We had press and-cap legislation. Every single good are robbing our children and our grand- conferences. The Main Street media and service in this country is going to children of their economic futures. around this country are very compliant go up because of this tax-and-cap legis- They will live at a standard that’s with the leadership on the liberal side lation. much below ours today. because they bury it and don’t even re- Now I’m a conservationist. I fought We have a clear picture of where the port the alternatives. in the conservation movement for a leadership in this Congress is taking us We hear on the other side that the long period of time. We have to be good and the way the administration is tak- Republicans are the Party of No. Well stewards of our environment. There’s ing us. All we have to do is look in actually we are the Party of Know, but no question. I want clean air and clean Venezuela. This administration and the it’s K-N-O-W. We know how to solve water just as much as the most ardent, liberal leadership in this Congress is these problems in America. We know

VerDate Nov 24 2008 03:52 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.062 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6341 how to solve the banking problems. We and I have seen over and over again say NCCC, volunteers provide immense bene- know how to solve the stimulus/eco- how fat and out of shape the kids in fits to our community and our region. Trained nomic problems. We know how to solve this country are. But our economy is in CPR, first aid, disaster response and fire- the environmental problems, the en- going to be skinny and poor because of fighting, NCCC teams have responded to ergy problems, the health care prob- a fat, bloated Federal Government that every national disaster since the program was lems that America faces. But are our the liberal leadership in this House and established. ideas heard? The other side is the side this Senate are trying to force upon As a Co-Chair of the National Service Cau- of no, N-O, because they say no to the American people. cus, it is a pleasure to call attention to the tre- every proposal that we’ve made on our So the American people need to stand mendous work of those involved at every level side. up and say no to all these steamroller and in every AmeriCorps program. The press also is the party of no, N- of socialism programs, to the cap-and- As a result of the great work of these volun- O, because they’ve not reported on any trade, to socialized medicine; and say teers, extraordinary things are happening all of the proposals that we’ve offered, and yes to the Republican alternatives that around America. The service programs and it’s not right. It’s actually going to be will look to the free marketplace and new initiatives help address some of our na- disastrous to the American people, and will stimulate the economy, get us tion’s toughest problems, from poverty and the American people need to stand up back on the right track and help us unmet education needs, to natural disasters. and say no to this steamroller of so- have a strong economic future not only I urge my colleagues to continue to support cialism. Stop this high-speed train run- for us today but for our children and AmeriCorps volunteers and take this oppor- ning off the cliff of economic doom our grandchildren for the next decades tunity to thank them for their dedication to our that’s going to take our children and to come. country and to their communities. Mr. PLATTS. Mr. Speaker, I do not grandchildren down into the chasm of a Mr. FALEOMAVAEGA. I rise in support of have any additional speakers, and I poor economy, struggling to try to pay House Resolution 453 which recognizes the would yield back the balance of my off the debt for this totally inappro- significant accomplishments of the AmeriCorps time. priate outright steamroller of social- and encourages all citizens to join in a na- Mr. TONKO. Mr. Speaker, if there is ism that’s being forced down the tional effort to salute AmeriCorps members a common thread woven through the throats of the American people. and alumni, and raise awareness about the We’ve got to stop it. And we can stop fabric of volunteers across this great importance of national and community service. it if the American people rise up and country of ours, it’s a sense of positive, say no to the steamroller, put a stop to a positive spirit, a positive attitude, I want to commend my good friend from the 5th district of California, Ms. , for this high-speed train that NANCY positive energy going forward and introducing this important resolution. I also PELOSI’s driving and HARRY REID’s building stronger communities, en- driving that is going to hurt our chil- hancing the quality of life of American want to recognize the cosponsors for their dren, it’s going to hurt our grand- citizens. Their deeds speak to our strong support of House Resolution 453. children, it’s going to hurt America, needs. Ever since its creation in 1993 by President and I’m not sure that we can recover in So to focus effectively and most posi- Clinton, AmeriCorps has honorably served our the next 10 decades, century. It may tively on the subject at hand, bringing nation’s communities. I am also encouraged take that long to put us back on the us to House Resolution 453, I will close by the recent decision by the Obama Adminis- right track, if we can ever get back on with my comments focused in great re- tration to increase the total number of volun- the right track. spect for the volunteers of this coun- teers in AmeriCorps to 250,000 by the year We’ve seen over and over throughout try, the spirit of this House resolution. 2012, which further demonstrates that history societies destroyed because of I would suggest that they are that AmeriCorps is fulfilling its mission and honor- people doing things in a self-centered muscle of America. They make a total ably serving its purpose. manner, and that’s exactly what’s hap- difference. They enhance the quality of Today, this legislation honors the thousands pening in this country today. We are life of each and every American, and of volunteers who have selflessly served com- self-centered as a people. We need to the recognition of our volunteers munities in areas such as education, public look at serving other people, particu- through AmeriCorps, the spirit of safety, health, and the environment. As a re- larly our children and grandchildren, House Resolution 453, should be recog- sult of all their hard work and service, commu- put this country back on the right nized and responded to by our col- nities across the nation have benefitted tre- track, and we can do that. leagues. I would encourage a ‘‘yes’’ mendously. For example, AmeriCorps has pro- Former U.S. Senator Everett Dirksen vote on the resolution. vided mentoring programs to children of incar- one time said, when he feels the heat, Ms. MATSUI. Mr. Speaker, I rise today in cerated parents. The program recruits and he sees the light. The American people support of House Resolution 453, which rec- provides knowledgeable and caring mentors need to put the heat on Members of ognizes the significant accomplishments of the for these children with parents in prison. In Congress in the House and the Senate AmeriCorps programs, encourages all citizens 2007, statistics show the program provided and say no to cap-and-tax, cap-and- to join in a national effort to salute AmeriCorps mentoring to 93,400 children of incarcerated trade legislation, to the Waxman-Mar- members and alumni, and helps raise aware- parents, more than double its target goal of key bill. They need to say no to the so- ness about the importance of national and 36,000 children. In addition, AmeriCorps has cialized medicine program that the lib- community service to our country. also been endorsed by a growing number of eral leadership on the Democratic side AmeriCorps Week is celebrated each year higher education institutions. In the 2007 fiscal is trying to force upon us which will to honor the important work that AmeriCorps year, 76 institutions matched the AmeriCorps take our choices away. They need to volunteers provide to our communities. Education Award, an award that provides up say no to the steamroller of socialism, This year, we celebrated National to 5,000 dollars a year to volunteers who dem- no to big government, and yes to free AmeriCorps Week with a renewed sense of onstrate outstanding service in the enterprise, yes to personal responsi- purpose after the passage of the Senator Ed- AmeriCorps programs. This goes to show the bility and accountability, yes to small ward M. Kennedy Serve America Act. Already support the AmeriCorps is getting from higher- business. We cannot borrow and spend we have seen a rise in AmeriCorps applica- education institutions around the country. our way to prosperity. We have to tions and a tremendous interest in national Back in 2003, I co-sponsored House Reso- stimulate the economy by stimulating and community service as a direct result of lution 2125, introduced by my friend, Ms. small business. We have to have money this legislation. ROSA DELAURO of Connecticut, the Rite of in the hands of small businessmen and The Serve America Act restores the promise Passage Community Service Act, which cre- -women around this country to create of our national service programs by expanding ated a national network of service programs jobs. We have to have money in the the AmeriCorps programs’ volunteer capacity that allowed for young people who were part hands of the taxpayers so that they can from 75,000 to 250,000 volunteers across the of community-based, after-school, and sum- have money for a college education for country, and reauthorizes the Corporation for mer service corps programs to work with older their children, buy clothes, buy food. National and Community Service for the first AmeriCorps members who could organize The bill just before this one was time in 15 years. service projects and act as mentors to new about encouraging physical education In my district of Sacramento, AmeriCorps AmeriCorps members. In the midst of this eco- for our children. I’m a medical doctor, National Civilian Community Corps, or as we nomic downturn millions of Americans are

VerDate Nov 24 2008 03:52 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 7634 Sfmt 9920 E:\CR\FM\K09JN7.063 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6342 CONGRESSIONAL RECORD — HOUSE June 9, 2009 without jobs and AmeriCorps can provide op- The yeas and nays were ordered. There was no objection. portunities for many to become involved in The SPEAKER pro tempore. Pursu- Mr. TONKO. I yield myself such time their communities and benefit our nation. ant to clause 8 of rule XX and the as I may consume. I recognize that there are still some areas Chair’s prior announcement, further Mr. Speaker, I rise today to support that need improvements, but the overall pur- proceedings on this motion will be the goals and ideals of the Inter- pose of AmeriCorps programs has been a postponed. mediate Space Challenge in Mojave, success. The program has become the num- f California. The Intermediate Space ber one catalyst for service and voluntary Challenge Program captures children’s b 1530 work, in the country. imaginations as it relates to science, I strongly urge my colleagues to support this SUPPORTING INTERMEDIATE math, space, and experimental learn- resolution. SPACE CHALLENGE ing. Ms. EDDIE BERNICE JOHNSON of Mr. TONKO. Mr. Speaker, I move to The competition began in response to Texas. Mr. Speaker, I rise today to an- suspend the rules and agree to the reso- the Ansari X Prize manned spaceflight nounce my support for AmeriCorps and lution (H. Res. 411) supporting the contest in 2004, won by Mojave’s own to salute all AmeriCorps members na- goals and ideals of the Intermediate SpaceShipOne in 2004. In twin flights tionwide. Since AmeriCorps was cre- Space Challenge in Mojave, California. from the Mojave Air and Space Port, ated in 1994, Texas has benefited from The Clerk read the title of the resolu- the spacecraft designed by Burt Rutan over 22,000 young people serving a year tion. took pilots Mike Melvill and Brian or more in our communities. Through The text of the resolution is as fol- Binnie to space and back, claiming a programs such as the National Civilian lows: $10 million prize. Community Corps, City Year and H. RES. 411 Marie Walker originally founded the Intermediate Space Challenge. She co- Teach For America, AmeriCorps volun- Whereas the Intermediate Space Challenge teers address critical Texas needs in in Mojave, California, is a program designed ordinated with Stu Witt, Mojave Air- education, public safety, disaster re- to capture the imagination of youths regard- port’s general manager, and they sponse and recovery, and environment ing outer space; planned the first challenge in 2004. It preservation. These programs serve an Whereas the aspiration of the Intermediate has been a great success in the Mojave important role as they provide an out- Space Challenge is to introduce, instill, and community. Now in its fifth year, stu- let for people to serve their country in energize youths’ interest in the engineering, dents look forward to the annual com- a manner that had previously not been mathematics, and science career fields; petition, with younger students antici- Whereas the Intermediate Space Challenge pating the time when they are old afforded. focuses on 4th, 5th, and 6th grade students In the last 14 years more than 500,000 during their formative years; enough to participate. individuals have served through Whereas the Intermediate Space Challenge The Intermediate Space Challenge AmeriCorps and have earned education provides students the opportunity to visit hosts a student rocket launch competi- awards worth more than $1.5 billion, the Mojave Air and Space Port, a 3,300 acre tion, where fourth, fifth, and sixth- making the dream of higher education flight research center; grade students compete to build a more attainable. This national service Whereas aviation legends and private space model rocket that reaches the highest program has provided opportunities for pioneers such as Burt Rutan, Dick Rutan, point during launches. Points are growing numbers of Americans to serve Brian Binnie, and Mike Melvill have worked awarded on rocket altitude, color, mar- with and spoken to students participating in our nation. the program; keting strategy, and spirit. In some AmeriCorps members serve thou- Whereas the Intermediate Space Challenge cases, the handmade rockets reach up sands of nonprofit organizations, enables students to work together in a team to 600 before parachuting downward. schools, and faith-based and commu- environment to choose a team name, create Individual awards are given in each nity organizations each year. With the team banners, craft an essay, and develop category, with the overall winner an- enactment of the Edward M. Kennedy and use their math and science skills to con- nounced at the end of the event. The Serve America Act, which President struct and launch a small rocket under ap- challenge allows students to work in Obama signed on April 21, 2009, three propriate supervision; and teams, create a team banner, craft an Whereas the program judges student rock- times as many American’s will now et teams on banner designs, essays, and essay, and develop their small rocket. have the opportunity to serve. This rocket construction and performance: Now, During the events, many of the stu- program has engaged millions of Amer- therefore, be it dents get a chance to view professional icans in results-driven service in the Resolved, That the House of Representa- rockets and hear how they operate. Nation’s most vulnerable communities, tives— The Intermediate Space Challenge providing hope and help to people fac- (1) supports the goals and ideals of the In- fosters great interest in science, in ing economic and social needs. With termediate Space Challenge; technology, in engineering, and in the current economic downturn put- (2) commends the volunteers who run the math among these students and cer- Intermediate Space Challenge and the Mo- ting millions of Americans at risk, na- jave Air and Space Port for opening its facil- tainly is expected to serve to develop tional service and volunteering are ity to the young leaders of the future in the the next great aerospace adventurer of more important than ever. science and engineering fields; and our time. Mr. Speaker, the AmeriCorps pro- (3) encourages teachers and school admin- Mr. Speaker, once again, I express gram has done great things for Texas istrators across the country to implement my support for this resolution, and I and the country as a whole. I am in- similar programs to stimulate students and want to thank Representative MCCAR- deed honored to support the significant infuse them with a love of engineering, THY for bringing this resolution for- accomplishments of this wonderful pro- mathematics, and science. ward. I urge my colleagues to vote gram which represents the very best of The SPEAKER pro tempore. Pursu- ‘‘yes’’ on this bill. the United States of America. ant to the rule, the gentleman from Mr. Speaker, I reserve the balance of Mr. TONKO. I yield back the balance New York (Mr. TONKO) and the gen- my time. of my time, Mr. Speaker. tleman from Pennsylvania (Mr. Mr. PLATTS. Mr. Speaker, I yield The SPEAKER pro tempore. The PLATTS) each will control 20 minutes. myself such time as I may consume. question is on the motion offered by The Chair recognizes the gentleman Mr. Speaker, I rise in strong support the gentleman from New York (Mr. from New York. of this resolution, especially in light of TONKO) that the House suspend the GENERAL LEAVE our critical need for additional sci- rules and agree to the resolution, H. Mr. TONKO. Mr. Speaker, I request 5 entists, mathematicians, engineers and Res. 453. legislative days during which Members related professions. This program that The question was taken. may revise and extend and insert ex- we are recognizing through this resolu- The SPEAKER pro tempore. In the traneous material on House Resolution tion is so important to encouraging opinion of the Chair, two-thirds being 411 into the RECORD. young people to pursue study in these in the affirmative, the ayes have it. The SPEAKER pro tempore. Is there fields. Mr. BROUN of Georgia. Mr. Speaker, objection to the request of the gen- Mr. Speaker, I rise today in support of on that I demand the yeas and nays. tleman from New York? House Resolution 411, a resolution supporting

VerDate Nov 24 2008 03:52 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 7634 Sfmt 9920 E:\CR\FM\A09JN7.017 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6343 the goals and ideals of the Intermediate Space which are cutting-edge research and Mrs. BLACKBURN. Mr. Speaker, I Challenge that takes place every year in Mo- testing facilities that are continuing to thank the gentleman from Pennsyl- jave, California. push the envelope. In fact, when I visit vania, and I do rise to support the In- Each May 4th, 5th and 6th graders from the National Air and Space Museum termediate Space Challenge. school districts around the Mojave Air and here in Washington, D.C., I feel at Unfortunately, Mr. Speaker, many of Spaceport gather at the Spaceport to show off home. There are so many aircraft from the young people that are growing up their homemade rockets and compete to see my district, like SpaceShipOne, Voy- and participating in this are going to how far the rockets can actually fly. Points get ager, Chuck Yeager’s Glamorous find they are going to grow up in a awarded based on altitude, color, marketing Glennis that broke the sound barrier, very different America than we have strategy, and spirit of the final product. The and the X–15, which, incidentally, we grown up in because of the increase in Challenge was designed to spark interest in celebrated the 50th anniversary of the taxes that are taking place every sin- the science and engineering career fields early X–15’s first flight yesterday. gle day and the way this crowds out op- in a student’s educational career. The hands- The Intermediate Space Challenge portunity for young people. on nature of the event allows students to see started in 2005 under the direction of Indeed, my colleagues across the how the concepts they learn about in the Marie Walker. Marie is the CEO of aisle have become the party of punish- classroom can be applied to actually make a Fiberset, a Mojave company that man- ment, and that is what I am hearing rocket soar. ufactures composite products and com- from my constituents as I traveled We have all heard about the critical need for ponents. She saw an opportunity in and across the Seventh Congressional Dis- American scientists, mathematicians, engi- around Mojave to bring together trict this past week, and they are very, neers and other professionals in the Science, fourth, fifth and sixth-grade students very concerned. Technology, Engineering or Math—STEM— with aerospace leaders to educate them What they are telling me is they fields for short. For that reason, we passed and inspire them to become the next know that clean air and clean water the America COMPETES Act last Congress. generation of aerospace pioneers. I am and clean energy are important, and, We have also continued to think about the im- proud to recognize their hard work on Mr. Speaker, I think we as politicians portance of STEM throughout the reauthoriza- this fifth anniversary year of the pro- would say we are even for clean mud. tion of the Higher Education Act and I expect gram, and I appreciate being able to We are just not for taxing people out of it to be a big topic of conversation when we participate. their house and home to pay for clean start on the reauthorization of No Child Left Marie Walker and all those who have energy. And that is exactly what this Behind. with several leaders in the area of been instrumental in organizing and cap-and-trade bill, or cap-and-tax, as STEM education on our Committee, such as executing the Intermediate Space we call it, cap our growth, tax our peo- Representatives EHLERS, MCMORRIS-RODGERS Challenge recognized the opportunities ple, trade our jobs, and that is what it and HOLT, we have ensured that programs to grab the attention of our students is going to do, as the Democrats put a such as the Adjunct Teacher Corps got incor- through the Intermediate Space Chal- price on the very air that we breathe. porated into our education laws. Through the lenge and get them interested in The cap-and-trade bill that came out Adjunct Teacher Corps, we allow profes- science and engineering. of the Energy and Commerce Com- sionals in STEM fields to come into the class- Students work in teams to write an mittee last week, the Federal building room to teach or to provide ongoing profes- essay, create a banner, and then build standards that are in that bill are of sional development to classroom teachers and design a rocket. They get assist- concern to our Realtors, to our com- who do not have that subject matter expertise. ance from high school students as men- mercial property holders, knowing that Programs like this and the others included in tors, so the program engages students there will be these standards that are both the Higher Education Act and the Amer- from multiple age groups. The teams of going to be very, very difficult for ica COMPETES Act demonstrate the federal fourth, fifth and sixth-graders then them to comply with, knowing that government’s commitment to trying to help fill compete both on rocket performance there are going to be energy audits put the shortfall that currently exists in the STEM and on a team spirit. Paralleling the X- on their houses, knowing that they are pipeline. Prize’s requirement for a privately going to have to buy carbon credits if Programs such as the Intermediate Space funded manned spacecraft to go up into they don’t have solar panels on their Challenge show what local communities are space twice in two weeks, students’ roof or a windmill in the yard, knowing doing to try and light that spark at an early rockets make two flights. that they literally are going to see the age for students to become interested in During the course of the events, the air that they breathe taxed. STEM subjects. We should recognize these students hear from special guest speak- As my colleague from Georgia had efforts and encourage other communities to ers. Students have heard from aviation previously said, you know, groceries utilize their own resources to develop hands- pioneers Burt and Dick Rutan and the don’t grow in a grocery store. They on projects. These types of projects show stu- SpaceShipOne astronauts in past years. don’t grow in a grocery store, Mr. dents how their classroom knowledge can be Through the words and actions of these Speaker; they grow out in the fields. translated into real life applications. I support real, live aerospace heroes, students They require this carbon dioxide in the goals and ideals put forward by the Inter- can see that the opportunities are lim- order to grow and be green and be mediate Space Challenge and I encourage my itless. healthy and provide the food and the colleagues to vote in favor of this resolution. I appreciate the support of Chairman forestation that we need here in the Mr. Speaker, I yield such time as he MILLER and Ranking Member MCKEON, United States and certainly around the may consume to the prime sponsor of who are also original cosponsors, and globe. this legislation, the distinguished gen- my colleague JIM COSTA, who has al- The cap-and-trade bill is something tleman from California (Mr. MCCAR- ways been supportive of the activities that is going to limit opportunity. It is THY). at the Mojave Air and Space Port. something that we are going to see af- Mr. MCCARTHY of California. Mr. Congratulations to all the students fect jobs and future jobs. We know that Speaker, I rise today in support of who have participated in this event. I it is expected to cost us over 1 million House Resolution 411, a resolution I in- look forward to many more years of jobs lost and that we are going to see troduced that honors the goals and successful student rocket launches, and our unemployment numbers rise sub- ideals of the Intermediate Space Chal- with that, I am proud to support and stantially, and we are going to see our lenge at the Mojave Air and Space Port bring this resolution to the floor. electricity rates go up by 90 percent. located in my district in Mojave, Cali- Mr. TONKO. Mr. Speaker, does the When we were in committee, we of- fornia. gentleman from Pennsylvania have any fered an amendment that would have Mojave Air and Space Port has a long further speakers? ended cap-and-trade if gas went over $5 history of firsts, from Burt and Dick Mr. PLATTS. I do have additional a gallon. Mr. Speaker, our colleagues Rutan’s collaboration on the Voyager speakers, Mr. Speaker. across the aisle sought to defeat that. around-the-world flight in 1986 to 2004’s Mr. TONKO. I reserve my time. We said, let’s end it if unemployment flight of SpaceShipOne, the first pri- Mr. PLATTS. Mr. Speaker, I yield 5 goes past 15 percent, and our colleagues vately funded manned spacecraft. minutes to the distinguished gentle- across the aisle said no, they were not Nearby are Edwards Air Force Base woman from Tennessee (Mrs. going to end it if employment went and China Lake Naval Weapons Center, BLACKBURN). past 15 percent.

VerDate Nov 24 2008 03:52 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.016 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6344 CONGRESSIONAL RECORD — HOUSE June 9, 2009 We said, let’s tell everybody what to be able to be independent in this 844,000 lost jobs under the original this costs, how much is it increasing country, especially when we are talk- draft to 1.1 million jobs under the new the cost of your electric power, how ing about manufacturing in the new draft. much is it increasing the cost of the age of space. We have to make sure Also, interesting enough in the paper gas you buy, how much is it increasing that we have these homegrown compa- today in the Washington Times is an the cost of the food you eat. And our nies here today. It is going to be very, article, ‘‘GDP hit found with cap, colleagues across the aisle said no, very difficult to do that if we don’t trade.’’ This is from the Brookings In- they were not going to disclose that have the manufacturing capacity and if stitution. ‘‘The Brookings Institution and vote for and support that amend- we also don’t have that base load ca- on Monday said cap-and-trade legisla- ment. pacity. tion to reduce carbon dioxide emissions We even offered an amendment that One of the things we have found, of would lower the Nation’s gross domes- would protect the innovators of tomor- course, is that we don’t have that base tic product in 2050 by 2.5 percent, com- row who are going to solve the energy load capacity in certain areas, and we pared with levels it would reach if the issues that we have before us, and they also don’t have the ability of being able legislation is not implemented.’’ sought not to provide that intellectual to go out there on the nuclear facili- It also says that, ‘‘About 35 percent property protection for all these young ties. I think 1977 was the last time that of crude-oil-related jobs and 40 percent boys and girls, many who are going we had a nuclear facility permitted in of coal-related jobs would be lost in through the Intermediate Space Chal- this country. And the problem that we 2025.’’ lenge now, many who will be the have today is if we want to have more It goes on to say: ‘‘It assumes that innovators of tomorrow, who will solve nuclear, to be able to produce more the majority of workers would find new the energy issues for future decades, power, to be able to keep our manufac- jobs, but the net job loss would be 0.5 who will create the electric cars. turing capacity, it is going to be very percent over the first 10 years that the Indeed, when you look at the electric tough to do, because a lot of these legislation is in effect.’’ cars and the lithium ion batteries, the parts are no longer made in this coun- I don’t think that this country can three States that hold the most pat- try. afford it because, again, to go on, you ents for furthering this invention are know, when you’re looking at reducing b 1545 California, Ohio, and my great State of the aggregate gross GDP by $9.6 tril- Tennessee. Intellectual property pro- We have to go overseas to buy these lion, destroying 1.1 million jobs, rais- tection should have been provided for if we can get them today. And some of ing electric rates, as the gentlelady those. Many of those innovators of to- the very large components are made in from Tennessee just mentioned, by 90 morrow are in this program that we Japan. And there’s a long waiting list percent after adjusting for inflation, are celebrating. It is very sad that the because so many countries are out seeing gasoline prices up to 74 percent, party of punishment doesn’t provide there wanting to build nuclear facili- raising residential natural gas prices the protection that those young men ties and keep up that base load capac- by 55—— and women need to be the innovators ity. Why is it important? The SPEAKER pro tempore. The of tomorrow. Well, again, if we don’t utilize that time of the gentleman has again ex- Mr. TONKO. Mr. Speaker, does the all-of-the-above policy of not only hav- pired. gentleman from Pennsylvania have any ing the alternatives because we all Mr. PLATTS. I yield the gentleman further speakers? want to make sure in this country that an additional 30 seconds. Mr. PLATTS. Mr. Speaker, I have we have a clean environment, but we Mr. LATTA. I appreciate the gen- one additional speaker. also want to make sure that we have tleman for yielding. Mr. TONKO. I reserve my time, Mr. nuclear, clean coal, oil, natural gas and —raising natural gas prices by 55 per- Speaker. geothermal. cent, raising an average family’s an- Mr. PLATTS. Mr. Speaker, I yield 5 We’ve all seen the headlines in the nual energy bill by $1,500, and again, minutes to the distinguished gen- paper of course where, you know, CBO increase the inflation-adjusted Federal tleman from Ohio (Mr. LATTA). score saying that we’re looking at $846 debt by 26 percent, or $29,150 additional Mr. LATTA. Mr. Speaker, I appre- billion on this new cap-and-tax, which Federal debt per person after adjusting ciate the gentleman yielding. would be a massive energy tax on the for inflation. I also rise in support today of what American people. But at the same Mr. TONKO. Mr. Speaker, does the this would mean to our young people in time, as the gentlelady from Tennessee gentleman from Pennsylvania have any this country. In my old State Senate was just talking about, is the tremen- further speakers? district I represented an area in Erie dous cost on individuals. Mr. PLATTS. Mr. Speaker, I have no County near Plum Brook Station, One of the analyses from the Herit- additional speakers. which is a large NASA testing facility. age Foundation shows that they’re I yield back the balance of my time. Just to the east of there, we had NASA looking at around a $4,300 per year tax Mr. TONKO. Mr. Speaker, decades Glenn, which is in Cuyahoga County. on an average family. And how do they ago, a global space race inspired all The things that we can do and get to that number? It says, our $1,500 sorts of ingenuity and innovation. It achieve in this country through the number is just the direct impact of enabled this country to stretch its space program are limitless. However, household energy bills. Your energy thinking, provide for lofty opportuni- if we stand by what we are seeing hap- bill, your natural gas bill, your home ties, and emerge with a higher level of pening across Congress today with this heating bill, and of course the amount status in the global community be- cap-and-tax legislation, we are in trou- of gas you put in your tank, and that cause it had won that space race. ble. would be around $1,500. Providing many, many opportunities, One of the things I am proud of is the But also, there is that ripple effect it is indeed the inspiration for today’s fact that in my Fifth Congressional that goes through the economy that House Resolution 411, as witnessed District I represent an area where we takes it up to $4,300. And in the year through the Intermediate Space Chal- manufacture solar panels with First 2035 alone, the cost is $8,276, and the lenge in Mojave, California. Today, we Solar. We have another company com- cost per family for the whole energy have that same opportunity to stretch ing on line this fall that will also be in tax aggregated from 2012 to 2030 is our thinking, to provide that loftiness, solar manufacturing. We also in my $116,680. to be able to emerge with an innova- district have wind turbines, ethanol, And compare it if we did not have a tion economy driven by another sort of hydrogen, biomass, and we are doing cap-and-tax, the real GDP losses in- global race, one called an energy race, all these things in the alternative. crease an additional $2 trillion, from which will find the winner to be the ex- Also though it is very, very impor- $7.4 trillion under the original draft to porter of energy innovation, energy tant in this country that we have that $9.6 trillion under the new draft. thinking, energy ideas, and energy in- base load capacity that we have to Compared to no cap-and-trade, the tellect. have to be able to manufacture, that average economic or unemployment in- And so I think the moves forward by we have to have if we want to continue creases an additional 261,000 jobs, from this House can perhaps inspire another

VerDate Nov 24 2008 03:52 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.069 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6345 saga of intermediate space challenge. (b) QUALIFICATIONS FOR AND VALUE OF (D) CAP ON FUNDS FOR CATEGORY 3 TRUCKS.— But today we recognize and support the VOUCHERS.—A voucher issued under the Pro- Not more than 7.5 percent of the total funds goals and ideals of that great Inter- gram shall have a value that may be applied made available for the Program shall be used to offset the purchase price or lease price for mediate Space Challenge through for vouchers for the purchase or qualifying a qualifying lease of a new fuel efficient lease of category 3 trucks. House Resolution 411. automobile as follows: (E) COMBINATION WITH OTHER INCENTIVES I would encourage our colleagues to (1) $3,500 VALUE.—The voucher may be used PERMITTED.—The availability or use of a Fed- support this resolution. It is most mer- to offset the purchase price or lease price of eral, State, or local incentive or a State- itorious. the new fuel efficient automobile by $3,500 issued voucher for the purchase or lease of a I yield back my time, Mr. Speaker. if— new fuel efficient automobile shall not limit The SPEAKER pro tempore. The (A) the new fuel efficient automobile is a the value or issuance of a voucher under the question is on the motion offered by passenger automobile and the combined fuel Program to any person otherwise eligible to the gentleman from New York (Mr. economy value of such automobile is at least receive such a voucher. 4 miles per gallon higher than the combined (F) NO ADDITIONAL FEES.—A dealer partici- TONKO) that the House suspend the fuel economy value of the eligible trade-in pating in the program may not charge a per- rules and agree to the resolution, H. vehicle; son purchasing or leasing a new fuel efficient Res. 411. (B) the new fuel efficient automobile is a automobile any additional fees associated The question was taken; and (two- category 1 truck and the combined fuel econ- with the use of a voucher under the Program. thirds being in the affirmative) the omy value of such truck is at least 2 miles (G) NUMBER AND AMOUNT.—The total num- rules were suspended and the resolu- per gallon higher than the combined fuel ber and value of vouchers issued under the tion was agreed to. economy value of the eligible trade-in vehi- Program may not exceed the amounts appro- A motion to reconsider was laid on cle; priated for such purpose. (C) the new fuel efficient automobile is a the table. (2) DISPOSITION OF ELIGIBLE TRADE-IN VEHI- category 2 truck that has a combined fuel CLES.— f economy value of at least 15 miles per gallon (A) IN GENERAL.—For each eligible trade-in and— vehicle surrendered to a dealer under the CONSUMER ASSISTANCE TO (i) the eligible trade-in vehicle is a cat- RECYCLE AND SAVE ACT Program, the dealer shall certify to the Sec- egory 2 truck and the combined fuel econ- retary, in such manner as the Secretary Ms. SUTTON. Mr. Speaker, I move to omy value of the new fuel efficient auto- shall prescribe by rule, that the dealer— suspend the rules and pass the bill mobile is at least 1 mile per gallon higher (i) will arrange for the vehicle’s title to be (H.R. 2751) to accelerate motor fuel than the combined fuel economy value of the transferred to the United States and will ac- eligible trade-in vehicle; or cept possession of the vehicle on behalf of savings nationwide and provide incen- (ii) the eligible trade-in vehicle is a cat- the United States; tives to registered owners of high pol- egory 3 truck of model year 2001 or earlier; (ii) has not and will not sell, lease, ex- luting automobiles to replace such or change, or otherwise dispose of the vehicle automobiles with new fuel efficient and (D) the new fuel efficient automobile is a for use as an automobile in the United category 3 truck and the eligible trade-in ve- less polluting automobiles. States or in any other country; and hicle is a category 3 truck of model year of The Clerk read the title of the bill. (iii) will transfer, on behalf of the United 2001 or earlier and is of similar size or larger The text of the bill is as follows: States, the vehicle (including the engine than the new fuel efficient automobile as de- H.R. 2751 block) and the vehicle’s title, in such manner termined in a manner prescribed by the Sec- Be it enacted by the Senate and House of Rep- retary. as the Secretary prescribes, to an entity that will ensure that the vehicle— resentatives of the United States of America in (2) $4,500 VALUE.—The voucher may be used Congress assembled, to offset the purchase price or lease price of (I) will be crushed or shredded within such SECTION 1. SHORT TITLE. the new fuel efficient automobile by $4,500 period and in such manner as the Secretary This Act may be cited as the ‘‘Consumer if— prescribes; and Assistance to Recycle and Save Act’’. (A) the new fuel efficient automobile is a (II) has not been, and will not be, sold, SEC. 2. TEMPORARY VEHICLE TRADE-IN PRO- passenger automobile and the combined fuel leased, exchanged, or otherwise disposed of GRAM. economy value of such automobile is at least for use as an automobile in the United (a) ESTABLISHMENT.—There is established 10 miles per gallon higher than the combined States or in any other country. in the National Highway Traffic Safety Ad- fuel economy value of the eligible trade-in (B) SAVINGS PROVISION.—Nothing in sub- ministration a voluntary program to be vehicle; paragraph (A) may be construed to preclude known as the ‘‘Consumer Assistance to Re- (B) the new fuel efficient automobile is a a person who is responsible for ensuring that cycle and Save Program’’ through which the category 1 truck and the combined fuel econ- the vehicle is crushed or shredded from— Secretary of Transportation (hereinafter in omy value of such truck is at least 5 miles (i) selling any parts of the disposed vehicle this section referred to as the ‘‘Secretary’’), per gallon higher than the combined fuel other than the engine block and drive train in accordance with this Act and the regula- economy value of the eligible trade-in vehi- (unless the transmission, drive shaft, or rear tions promulgated under subsection (d), cle; or end are sold as separate parts); or shall— (C) the new fuel efficient automobile is a (ii) retaining the proceeds from such sale. (1) authorize the issuance of an electronic category 2 truck that has a combined fuel (C) COORDINATION.—The Secretary shall co- voucher, subject to the specifications set economy value of at least 15 miles per gallon ordinate with the Attorney General to en- forth in subsection (c), to offset the purchase and the combined fuel economy value of such sure that the National Motor Vehicle Title price or lease price for a qualifying lease of truck is at least 2 miles per gallon higher Information System and other publicly ac- a new fuel efficient automobile upon the sur- than the combined fuel economy value of the cessible systems are appropriately updated render of an eligible trade-in vehicle to a eligible trade-in vehicle and the eligible on a timely basis to reflect the crushing or dealer participating in the Program; trade-in vehicle is a category 2 truck. shredding of vehicles under this Act and ap- (2) register dealers for participation in the (c) PROGRAM SPECIFICATIONS.— propriate re-classification of the vehicles’ ti- Program and require all registered dealers— (1) LIMITATIONS.— tles. The commercial market shall also have (A) to accept vouchers as provided in this (A) GENERAL PERIOD OF ELIGIBILITY.—A electronic and commercial access to the ve- section as partial payment or down payment voucher issued under the Program shall be hicle identification numbers of vehicles that for the purchase or qualifying lease of any used only in connection with the purchase or have been disposed of on a timely basis. new fuel efficient automobile offered for sale qualifying lease of new fuel efficient auto- (d) REGULATIONS.—Notwithstanding the re- or lease by that dealer; and mobiles that occur between— quirements of section 553 of title 5, United (B) in accordance with subsection (c)(2), to (i) the date of enactment of this Act; and States Code, the Secretary shall promulgate transfer each eligible trade-in vehicle sur- (ii) the date that is 1 year after the date on final regulations to implement the Program rendered to the dealer under the Program to which the regulations promulgated under not later than 30 days after the date of the an entity for disposal; subsection (d) are implemented. enactment of this Act. Such regulations (3) in consultation with the Secretary of (B) NUMBER OF VOUCHERS PER PERSON AND shall— the Treasury, make electronic payments to PER TRADE-IN VEHICLE.—Not more than 1 (1) provide for a means of registering deal- dealers for eligible transactions accepted by voucher may be issued for a single person ers for participation in the program; such dealers, in accordance with the regula- and not more than 1 voucher may be issued (2) establish procedures for the reimburse- tions issued under subsection (d); and for the joint registered owners of a single eli- ment of dealers participating in the Program (4) in consultation with the Secretary of gible trade-in vehicle. to be made through electronic transfer of Treasury and the Inspector General of the (C) NO COMBINATION OF VOUCHERS.—Only 1 funds for the amount of the vouchers as soon Department of Transportation, establish and voucher issued under the Program may be as practicable but no longer than 10 days provide for the enforcement of measures to applied toward the purchase or qualifying after the submission of information sup- prevent and penalize fraud under the Pro- lease of a single new fuel efficient auto- porting the eligible transaction, as deter- gram. mobile. mined appropriate by the Secretary;

VerDate Nov 24 2008 03:52 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.071 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6346 CONGRESSIONAL RECORD — HOUSE June 9, 2009 (3) require the dealer to use the voucher in trator of the Environmental Protection the Secretary using the method used by the addition to any other rebate or discount ad- Agency, shall make available on an Internet Environmental Protection Agency and de- vertised by the dealer or offered by the man- website and through other means determined scribed in the report entitled ‘‘Light-Duty ufacturer for the new fuel efficient auto- by the Secretary information about the Pro- Automotive Technology and Fuel Economy mobile and prohibit the dealer from using gram, including— Trends: 1975 through 2008’’; the voucher to offset any such other rebate (1) how to determine if a vehicle is an eligi- (4) the term ‘‘category 3 truck’’ means a or discount; ble trade-in vehicle; work truck, as defined in section 32901(a)(19) (4) require dealers to disclose to the person (2) how to participate in the Program, in- of title 49, United States Code; trading in an eligible trade in vehicle the cluding how to determine participating deal- (5) the term ‘‘combined fuel economy best estimate of the scrappage value of such ers; and value’’ means— vehicle; (3) a comprehensive list, by make and (A) with respect to a new fuel efficient (5) require dealers to accept on behalf of model, of new fuel efficient automobiles automobile, the number, expressed in miles the United States, and Transfer to the Sec- meeting the requirements of the Program. per gallon, centered below the words ‘‘Com- Once such information is available, the Sec- retary of the Treasury, the amount paid for bined Fuel Economy’’ on the label required retary shall conduct a public awareness cam- scrappage of the vehicle up to $60; to be affixed or caused to be affixed on a new paign to inform consumers about the Pro- (6) permit the dealer to retain any automobile pursuant to subpart D of part 600 amounts paid to the dealer for scrappage of gram and where to obtain additional infor- mation. of title 40 Code of Federal Regulations; the automobile in excess of the $60 amount (B) with respect to an eligible trade-in ve- referred to in paragraph (5) and designate $50 (g) RECORD KEEPING AND REPORT.— hicle, the equivalent of the number described of such excess as payment for any adminis- (1) DATABASE.—The Secretary shall main- in subparagraph (A), and posted under the trative costs to the dealer associated with tain a database of the vehicle identification words ‘‘Estimated New EPA MPG’’ and participation in the Program; numbers of all new fuel efficient vehicles above the word ‘‘Combined’’ for vehicles of (7) clarify that dealers will not be reim- purchased or leased and all eligible trade-in model year 1985 through 2007, or posted under bursed for any storage fees or other costs as- vehicles disposed of under the Program. the words ‘‘New EPA MPG’’ and above the sociated with their custodial handling of the (2) REPORT ON THE EFFICACY OF THE PRO- word ‘‘Combined’’ for vehicles of model year eligible trade-in vehicle; GRAM.—Not later than 60 days after the ter- (8) consistent with subsection (c)(2), estab- mination date described in subsection 2008 or later on the fueleconomy.gov website lish requirements and procedures for the dis- (c)(1)(A)(ii), the Secretary shall submit a re- of the Environmental Protection Agency for posal of eligible trade-in vehicles and provide port to the Committee on Energy and Com- the make, model, and year of such vehicle; or such information as may be necessary to en- merce of the House of Representatives and (C) with respect to an eligible trade-in ve- tities engaged in such disposal to ensure that the Committee on Commerce, Science, and hicle manufactured between model years 1978 such vehicles are disposed of in accordance Transportation of the Senate describing the through 1984, the equivalent of the number with such requirements and procedures, in- efficacy of the Program, including— described in subparagraph (A) as determined cluding— (A) a description of program results, in- by the Secretary (and posted on the website (A) requirements for the removal and ap- cluding— of the National Highway Traffic Safety Ad- propriate disposition of refrigerants, anti- (i) the total number and amount of vouch- ministration) using data maintained by the freeze, lead products, mercury switches, and ers issued for purchase or lease of new fuel Environmental Protection Agency for the such other toxic or hazardous vehicle compo- efficient automobiles by manufacturer (in- make, model, and year of such vehicle; nents prior to the crushing or shredding of cluding aggregate information concerning (6) the term ‘‘dealer’’ means a person li- an eligible trade-in vehicle, in accordance the make, model, model year) and category censed by a State who engages in the sale of with rules established by the Secretary in of automobile; new automobiles to ultimate purchasers; consultation with the Administrator of the (ii) aggregate information regarding the (7) the term ‘‘eligible trade-in vehicle’’ Environmental Protection Agency, and in make, model, model year, and manufac- means an automobile or a work truck (as accordance with other applicable Federal or turing location of vehicles traded in under such terms are defined in section 32901(a) of State requirements; the Program; and title 49, United States Code) that, at the (B) a mechanism for dealers to certify to (iii) the location of sale or lease; time it is presented for trade-in under this the Secretary that each eligible trade-in ve- (B) an estimate of the overall increase in Act— hicle will be transferred by the dealer on be- fuel efficiency in terms of miles per gallon, (A) is in drivable condition; half of the United States to an entity that total annual oil savings, and total annual (B) has been continuously insured con- will ensure that the vehicle is disposed of, in greenhouse gas reductions, as a result of the sistent with the applicable State law and accordance with such requirements and pro- Program; and registered to the same owner for a period of cedures, and to submit the vehicle identifica- (C) an estimate of the overall economic not less than 1 year immediately prior to tion numbers of the vehicles disposed of and and employment effects of the Program. such trade-in; the new fuel efficient automobile purchased (h) TREATMENT OF PAYMENT.— (C) was manufactured in model year 1984 or with each voucher; (1) FOR FEDERAL AND STATE PROGRAMS.—A later; and (C) a mechanism for obtaining such other voucher under this Act or any payment made (D) in the case of an automobile, has a certifications as determined necessary by for such a voucher pursuant to subsection combined fuel economy value of 18 miles per the Secretary from entities engaged in vehi- (a)(3) shall not be considered income and gallon or less; cle disposal; and shall not be considered as a resource for the (8) the term ‘‘new fuel efficient auto- (D) a list of entities to which dealers may month of receipt and the following 12 mobile’’ means an automobile described in transfer eligible trade-in vehicles for dis- months, for purposes of determining the eli- paragraph (1), (2), (3), or (4)— posal; and gibility of the recipient (or the recipient’s (A) the equitable or legal title of which has (9) provide for the enforcement of the pen- spouse or other family or household mem- not been transferred to any person other alties described in subsection (e). bers) for benefits or assistance, or the than the ultimate purchaser; (e) ANTI-FRAUD PROVISIONS.— amount or extent of benefits or assistance, (B) that carries a manufacturer’s suggested (1) VIOLATION.—It shall be unlawful for any under any Federal or State program. retail price of $45,000 or less; person to violate any provision under this (2) FOR PURPOSES OF TAXATION.—A voucher (C) that— Act or any regulations issued pursuant to under this Act, or any payment made for (i) in the case of passenger automobiles, subsection (d) (other than by making a cler- such a voucher pursuant to subsection (a)(3), category 1 trucks, or category 2 trucks, is ical error). shall not be considered as gross income of certified to applicable standards under sec- (2) PENALTIES.—Any person who commits a the purchaser of a vehicle under this Act for tion 86.1811–04 of title 40, Code of Federal violation described in paragraph (1) shall be purposes of the Internal Revenue Code of Regulations; or liable to the United States Government for a 1986. (ii) in the case of category 3 trucks, is cer- civil penalty of not more than $15,000 for (i) DEFINITIONS.—As used in this Act— tified to the applicable vehicle or engine each violation. The Secretary shall have the (1) the term ‘‘passenger automobile’’ standards under section 86.1816–08, 86–007–11, authority to assess and compromise such means a passenger automobile, as defined in or 86.008–10 of title 40, Code of Federal Regu- penalties, and shall have the authority to re- section 32901(a)(18) of title 49, United States lations; and quire from any entity the records and inspec- Code, that has a combined fuel economy (D) that has the combined fuel economy tions necessary to enforce this program. In value of at least 22 miles per gallon; value of at least— determining the amount of the civil penalty, (2) the term ‘‘category 1 truck’’ means a (i) 22 miles per gallon for a passenger auto- the severity of the violation and the intent non-passenger automobile, as defined in sec- mobile; of the person committing the violation shall tion 32901(a)(17) of title 49, United States (ii) 18 miles per gallon for a category 1 be taken into account. Code, that has a combined fuel economy truck; or (f) INFORMATION TO CONSUMERS AND DEAL- value of at least 18 miles per gallon, except (iii) 15 miles per gallon for a category 2 ERS.—Not later than 30 days after the date of that such term does not include a category 2 truck; enactment of this Act, and promptly upon truck; (9) the term ‘‘Program’’ means the Con- the update of any relevant information, the (3) the term ‘‘category 2 truck’’ means a sumer Assistance to Recycle and Save Pro- Secretary, in consultation with the Adminis- large van or a large pickup, as categorized by gram established by this Act;

VerDate Nov 24 2008 03:52 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.018 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6347 (10) the term ‘‘qualifying lease’’ means a port on this bill. And thank you to my And though our fleet modernization lease of an automobile for a period of not colleagues, Representative CANDICE program is open to vehicles, regardless less than 5 years; MILLER and Representative BRUCE of where they are made, I encourage (11) the term ‘‘scrappage value’’ means the BRALEY, who started this process with everyone who participates in this pro- amount received by the dealer for a vehicle upon transferring title of such vehicle to the me back in March. gram to think about the families who person responsible for ensuring the disman- Mr. Speaker, the bipartisan CARS depend upon cars made in the United tling and destroying the vehicle; Act will shore up millions of jobs and States and ask you to purchase a fuel- (12) the term ‘‘Secretary’’ means the Sec- stimulate local economies. It will im- efficient vehicle assembled right here retary of Transportation acting through the prove our environment and reduce our at home to help shore up jobs and help National Highway Traffic Safety Adminis- dependence on foreign oil. It will pro- our environment. tration; vide much-needed financial assistance Some refer to this bill as the ‘‘Cash (13) the term ‘‘ultimate purchaser’’ means, to consumers to trade in less fuel-effi- for Clunkers’’ bill. Others use a gentler with respect to any new automobile, the first person who in good faith purchases such cient vehicles for vehicles which term, ‘‘fleet modernization.’’ But by automobile for purposes other than resale; achieve a measured increased fuel-effi- any name, by any title, the CARS Act (14) the term ‘‘voucher’’ means an elec- cient. offers significant multiple benefits. tronic transfer of funds to a dealer based on What the CARS Act will not do is This bill has earned broad-based sup- an eligible transaction under this program; allow someone to trade in a vehicle and port. It has the support of Ford and GM and receive a voucher to purchase a vehicle and Chrysler, the United Auto Work- (15) the term ‘‘vehicle identification num- that is less fuel efficient. ers, the Business Round Table, the ber’’ means the 17-character number used by We have ensured environmental in- Automotive Trade Policy Council, the the automobile industry to identify indi- tegrity in this bill, and this bill dem- vidual automobiles. Ohio Automobile Dealers Association, (j) AUTHORIZATION OF APPROPRIATIONS.— onstrates that we do not have to bind Goodyear Tire & Rubber Company, There is authorized to be appropriated to the ourselves to the arguments of the past. PPG Industries, National Paint and Secretary of Transportation $4,000,000,000 to We no longer have to give in to the Coatings Association, the Alliance of carry out this Act. temptation of either/or thinking. The Automobile Manufacturers, Motor & The SPEAKER pro tempore. Pursu- CARS Act demonstrates that we can Equipment Manufacturers Association, ant to the rule, the gentlewoman from free ourselves from the false argument Specialty Equipment Market Associa- Ohio (Ms. SUTTON) and the gentleman of either you are for the environment tion, the Association of International from Michigan (Mr. UPTON) each will or you are for jobs. We can do both. We Automobile Manufacturers, the Amer- control 20 minutes. must do both, and that’s exactly what ican Iron and Steel Institute, Auto- The Chair recognizes the gentle- the CARS Act does. motive Recyclers Association, the woman from Ohio. 2009 auto sales are down nearly 42 United Steel Workers, the National GENERAL LEAVE percent below the 2005 peak. We have Automobile Dealers Association, the Ms. SUTTON. Mr. Speaker, I ask not seen such a decline since 1955, and American International Automobile unanimous consent that all Members this decline jeopardizes our country’s Dealers, the National Association of may have 5 legislative days in which to largest manufacturing industry. Manufacturers, the AFL–CIO, and the revise and extend their remarks. These are not ordinary times. These United States Chamber of Commerce. The SPEAKER pro tempore. Is there times call for bold action. Three to 5 These groups have provided letters of objection to the request of the gentle- million jobs are at risk. Auto-related support for this bill, and Mr. Speaker, woman from Ohio? jobs number in the thousands in every I would like to include them in the There was no objection. State in our Nation, and though it’s RECORD. Ms. SUTTON. Mr. Speaker, I yield called the CARS Act, this bill is far WASHINGTON, DC, myself such time as I may consume. more than about just cars. It’s about June 9, 2009. Mr. Speaker, I rise today on behalf of people. It’s about the millions of fami- Hon. , over 2,000 men and women who work in lies in this great Nation who depend on House of Representatives, the Ohio assembly plant in my district the strength of our auto and related in- Washington, DC. and approximately 50,000 Ohioans dustries for their livelihood. It’s about DEAR REPRESENTATIVE SUTTON: Ford Motor whose jobs are associated with that our friends and our neighbors, and it’s Company strongly supports the adoption of about our communities that depend on the Consumer Assistance to Recycle and plant. I rise for the 159,000 Ohioans Save Act of 2009 (CARS Act) introduced by with auto-related jobs and the 3 to 5 auto-related jobs for their tax base to Rep. Betty Sutton. This ‘‘cash-for-clunkers’’ million Americans who rely on the support their schools, their police, fire proposal would provide an incentive to con- auto industry to provide for their fami- and other city services. sumers to trade-in an older, less-efficient ve- lies. By passing the CARS Act, we can hicle for a new, higher fuel-economy one. I rise today on behalf of the environ- shore up these jobs, get customers back During the recession, foreign and domestic ment, as we turn the corner to reduce into the showrooms, help our dealers automakers have experienced a steep decline greenhouse gas emissions, improve fuel move cars, and improve the environ- in auto sales not seen in over fifty years. economy, and to help reduce our reli- ment. Last week, in fact, automakers reported that U.S. auto sales for May 2009 were down 33 ance on foreign oil. Nations across the world have insti- percent from the same month a year ago. Ac- I rise today on behalf of the con- tuted incentive programs. In May, tion by Congress is urgently needed to sumers throughout our great country while our auto sales in this country fell jumpstart vehicle sales and the automotive who continue to struggle during this 34 percent, sales in Germany increased sector of the U.S. economy. global recession. And I rise today as 40 percent after they instituted a pro- The CARS Act would help consumers, sup- the proud sponsor of the Consumer As- gram. port jobs and also improve the environment. sistance to Recycle and Save Act, also On May 19, the Committee on Energy Consumers will benefit from a robust incen- known as the CARS Act. and Commerce passed an amendment tive to purchase a new, more efficient vehi- And I want to thank President of the CARS Act to the American cle and the cost savings from buying less fuel. Obama for his support of this legisla- Clean Energy and Security Act by a bi- While the vouchers provide direct help to tion. And I want to thank Speaker partisan vote of 50–4. consumers, it also helps support jobs across PELOSI for supporting this effort and Under the CARS Act, consumers will the industry. Automakers, autoworkers, sup- thank Majority Leader HOYER for all of trade in less fuel-efficient vehicles and pliers and dealers all benefit from increased the help that he has provided as we receive an electronic voucher for $3,500 sales and that’s why the proposal has been worked to deliver the benefits of this to $4,500 at the point of sale toward the endorsed by both labor and business, includ- bill to the American people. lease or purchase of a vehicle with in- ing the UAW and the U.S. Chamber of Com- merce. And I want to thank Chairman WAX- creased fuel efficiency. Light-duty For the environment, the plan would help MAN, Chairman MARKEY, Chairman trucks, both small and large, also qual- reduce fuel consumption and decrease emis- Emeritus DINGELL, and Representa- ify under the program, and work sions by taking old vehicles off the road and tives ISRAEL, INSLEE, STUPAK and trucks, often used by small businesses, replacing them with new, cleaner ones. Plus, UPTON for their collaboration and sup- will be eligible for replacement as well. the program would have the added benefit of

VerDate Nov 24 2008 04:47 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.018 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6348 CONGRESSIONAL RECORD — HOUSE June 9, 2009 generating as much as S2 billion in needed ernization (so-called ‘‘cash-for-clunkers’’) automotive fleet modernization programs sales tax revenue for the states. Thirteen legislation sponsored by Representative and many more are considering enactment. governors have written Congressional lead- Betty Sutton. The UAW strongly urges you A fleet modernization program can deliver ers in support of rapid action on a cash-for- to vote for this important legislation. real benefits to consumers, the environment clunkers program. The Sutton fleet modernization bill incor- and the economy. The U.S. is already well The CARS Act is timely, temporary, and porates the compromise provisions that were behind other major economies in adopting a targeted and is urgently needed. We request agreed to by the Obama administration, fleet modernization program, and many buy- that Members of Congress work to quickly House leaders, including Chairmen Waxman, ers are now delaying purchase decisions until enact this important legislation by voting Markey and Dingell, and Representatives the Congress acts. ‘‘’yes’’ on the CARS Act. Thank you for con- Upton, Candice Miller, Stupak, Israel and We urge you to vote for Representative sideration of our views. Inslee. The provisions of this compromise Sutton’s fleet modernization bill. Sincerely, were previously approved by the House En- Sincerely, PETER LAWSON, ergy & Commerce Committee by an over- TIM O’SULLIVAN. Vice President, Government Relations. whelming, bipartisan vote. By providing incentives for consumers to JUNE 5, 2009. JUNE 9, 2009. scrap older, less fuel efficient vehicles and to DEAR CONGRESSWOMAN SUTTON: On behalf Hon. BETTY SUTTON, purchase new, higher mpg vehicles, this of the automobile dealers in northeast Ohio, House of Representatives, measure would result in significant reduc- I want to offer our support of the ‘‘Consumer Washington, DC. tions in oil consumption and greenhouse gas Assistance to Recycle and Save Act’’ (CARS DEAR CONGRESSWOMAN SUTTON: Chrysler emissions. At the same time, it would pro- Act). It is our understanding that this bill LLC strongly supports the Consumers As- vide an immediate boost to auto sales, there- will be considered early next week and we sistance to Recycle and Save Act, H.R. 2751, by helping auto dealers and automotive pro- urge its passage. that you have introduced. Your bill will es- duction and jobs in this country. Signifi- As you know, the current economic envi- tablish a fleet modernization program that cantly, the structure of this program is care- ronment of automotive retailing has now will encourage consumers to turn in older fully crafted so it would apply to all auto reached historic lows in both sales and con- sumer confidence. This bill, also known as vehicles to be scrapped and receive in return companies in a balanced, competitively neu- ‘‘Cash for Clunkers’’, could well provide the a voucher to be used towards the purchase of tral manner. needed incentive for consumers to trade in cars and trucks with better fuel economy. Due to the financial and economic crises older vehicles and purchase more fuel effi- The Act is designed to provide consumers that have engulfed our nation, the auto in- cient and safe automobiles. with a wide variety of vehicles to purchase. dustry has experienced a sharp drop in auto sales from over 16 million vehicles per year Providing an incentive to stimulate sales Similar programs in other countries have is a critical step in the recovery of the auto- helped to counter the effects of this global to less than 10 million. This has resulted in unprecedented difficulties for automakers, mobile industry and congressional passage of recession, while improving fleet-wide fuel the CARS Act represents an opportunity to suppliers, dealers, workers and retirees. One economy. As such, the Act will greatly ben- benefit both the economy and the environ- immediate action that Congress can take to efit consumers, dealers, automakers, and ment. suppliers, while moving this country towards respond to this dire situation is to act We very much appreciate your assistance energy independence and environmental sus- promptly to pass the Sutton fleet moderniza- and support of franchised new automobile tainability. tion legislation. Accordingly, the UAW dealers and urge Congress to act swiftly to Your bill deserves broad bipartisan sup- strongly urges you to vote for this measure stimulate the economy with this program. port, and we urge all members of the House when it is taken up by the House this Tues- Sincerely, day. to vote in favor of the Consumers Assistance TERRY METCALF, to Recycle and Save Act. Sincerely, Executive Vice President. Sincerely, ALAN REUTHER, JOHN BOZZELLA, Legislative Director. DEAR REPRESENTATIVE: This Tuesday the Senior Vice President, Chrysler. House is scheduled to take up the Consumer Hon. BETTY SUTTON, Assistance to Recycle and Save (CARS Act) GENERAL MOTORS, House of Representatives, Longworth House Of- fleet modernization bill sponsored by Rep- Washington, DC, June 8, 2009. fice Building, Washington, DC. resentative BETTY SUTTON. The United Steel- DEAR REPRESENTATIVE SUTTON: The House DEAR REPRESENTATIVE SUTTON: Mazda workers (USW) urges your support for this of Representatives will soon consider the North American Operations urges the House legislation. Consumer Assistance to Recycle and Save to pass a fleet modernization, or ‘‘cash for The USW is the largest industrial union in (CARS) Act by Representatives Sutton, Din- clunkers,’’ bill that will benefit American North America and we represent more work- gell and Upton. I urge you to support this consumers and increase vehicle sales, espe- ers in the auto sector than any other union. legislation which creates a carefully bal- cially now when demand is extremely de- Hundreds of thousands of our members work anced fleet modernization program to stimu- pressed. Additionally, older, less fuel-effi- in jobs supplying the auto industry. From late U.S. auto sales and jump start the eco- cient models will be replaced by newer ones the glass, to the tires, to the plastic, to the nomic recovery. that are cleaner for the environment, more hundreds of pounds of metal that comprise This bill is supported by the Automotive fuel-efficient, and include many new safety every vehicle; Steelworkers manufacture Alliance, Automotive Trade Policy Council technologies. To that end, President Obama these products in locations all across the and all of their member companies (see at- last week repeated his call to Congress to country. Even paper, the catalogs and bro- tached letters). It includes input from the enact such legislation. We understand that chures that the automakers use to market domestic and foreign brand auto companies Representative Sutton’s fleet modernization their vehicles, are often the product of the and auto dealers. bill, which enjoys broad bipartisan support, work of Steelworkers. But, countless other Nearly every major industrial country will be considered on the suspension calendar citizens—union and non-union—such as auto around the world now has all emergency as soon as tonight. dealers, accountants, restaurant and shop auto ‘scrappage’ program in place and the re- The bipartisan framework created by Rep- owners, have their jobs tied to the auto in- sults have been immediate and impressive. resentative Sutton’s bill, will achieve sig- dustry. In Europe and Latin America, these pro- nificant economic stimulus and environ- The auto industry has experienced a sharp grams have been instantly successfully, with mental benefits. We would have preferred a drop in auto sales from over 16 million vehi- countries such as Germany seeing dealer- simpler program that allowed broader par- cles per year to less than 10 million, result- ships flooded with consumers and up to 400% ticipation with regard to the types of vehi- ing in extraordinary challenges for auto- increase in sales. In contrast, here in the cles turned in and the replacement vehicles. makers, suppliers, dealers, workers, retirees U.S. auto sales have shown consistent de- In particular, we would have liked all vehicle and entire communities. Our members in the clines of 30–40% from last year, month after leases to be included. Despite our concerns supply chain have suffered significant layoffs month. over the details of the current proposal, on as a result of the financial and economic cri- We believe this is an enormous win for con- balance, we believe Representative Sutton’s ses that brought auto buying to a halt. sumers, for the American economy, and for bill will result in incremental sales volume Those layoffs may only be the top of iceberg our combined national commitment to envi- at a time when the industry is badly in need as the effects of the Chrysler and GM bank- ronmental progress and stewardship. We of assistance. ruptcies are to yet to be felt. urge you to support the Sutton, Dingell, Around the world, consumers are already One immediate action Congress can take Upton CARS bill. benefitting from similar programs, and the to respond to this dire situation is to vote to Sincerely, resulting economic stimulus has been sig- pass the Sutton fleet modernization bill KEN W. COLE, nificant. In January, Germany implemented which incorporates the compromise provi- Vice President, Global Public Policy a fleet modernization program. At the end of sions that were agreed to by the Obama ad- and Government Relations. the first month of the program, sales in Ger- ministration, House leaders, including Chair- many were up 21% over 2008. Corresponding man Waxman, Markey and Dingell, and Rep- DEAR REPRESENTATIVE: This Tuesday the sales in the U.S. were down 41% for the same resentatives Upton, Candice Miller, Stupak, House is scheduled to take up fleet mod- period. To date, 15 countries have enacted Israel, and Inslee.

VerDate Nov 24 2008 05:21 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.031 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6349 Providing incentives for consumers to As a global supplier of paints, coatings, been particularly hard hit as industry sales scrap older, less fuel efficient vehicles and to chemicals, optical products, specialty mate- have declined rapidly. U.S. light vehicle purchase new, higher mpg vehicles, from all rials, glass and fiber glass, our vision is to sales were more than 16 million units as re- auto companies, will result in reductions in become the world’s leading coatings and spe- cently as 2007. Last week, J.D. Power & Asso- oil consumption and greenhouse gas emis- cialty products and services company. We ciates estimated that sales will not exceed 10 sions while providing an immediate boost to operate on the leading edge of new tech- million units for all of 2009, an approxi- auto sales, thereby helping auto suppliers, nologies and solutions and are a streamlined, mately 40 percent drop in just two years. dealers and automotive production and jobs efficient manufacturer. The auto industry is one of the most im- in this country. Members of the coatings and related indus- portant sectors of the U.S. economy, rep- Sincerely, tries have been particularly hit hard by the resenting four percent of the U.S. gross do- HOLLY R. HART, dramatic decrease in sales of new auto- mestic product and accounting for one in 10 Legislative Director. mobiles in America. While the auto manu- American jobs. The steep drop in vehicle facturers themselves have received almost sales is not only affecting foreign and domes- DEAR CONGRESSWOMAN SUTTON: This week, all of the focus of attention—and deservedly tic automakers and workers, but also their the House is likely to take up the Consumer so—there are countless suppliers to the in- network of dealers, suppliers, vendors, and Assistance to Recycle and Save (CARS) Act dustry who are hurting as well. The answer other businesses that provide goods and serv- introduced by Representative Betty Sutton is to increase demand, which the CARS Act ices to them. and a number of other colleagues. This bill achieves with incentives for fuel efficient ve- The Chamber, the world’s largest business will create a carefully balanced program to hicles. federation representing more than three mil- stimulate U.S. auto sales and jumpstart the Again, thank you for your continued lead- lion businesses and organizations of every economy. The Automotive Trade Policy ership on this issue. I look forward to con- size, sector, and region, urges you to support Council and its member companies—Chrysler tinuing to work with you on policy matters the Consumer Assistance to Recycle and LLC, Ford Motor Company and General Mo- important to the success of PPG, our em- Save Act. The Chamber may consider votes tors Corporation—strongly support this bill ployees and our retirees and their families. on, or in relation to, this issue in our annual and we urge you to vote for it. Sincerely, How They Voted scorecard. Nearly every major industrial country CHARLES E. BUNCH, around the world now has an emergency auto Sincerely, Chairman & Chief Executive Officer, R. BRUCE JOSTEN. ‘scrappage’ program in place and the results PPG Industries. have been immediate and impressive. In Eu- DEAR SPEAKER PELOSI: The Alliance of rope and Latin America, these programs DEAR REPRESENTATIVE: On behalf of the Automobile Manufacturers (Alliance) writes have been instantly successfully, with coun- AFL-CIO, I am writing to urge you to sup- to urge the House to pass a fleet moderniza- tries such as Germany seeing dealerships port legislation introduced by Rep. SUTTON tion, or ‘‘cash for clunkers,’’ bill to benefit flooded with consumers and a 28% increase to establish a fleet modernization program, American consumers as soon as possible. A in sales. In contrast, here in the U.S. auto which we expect the House to consider this well crafted fleet modernization program sales have shown consistent declines of 30– week on the suspension calendar. will provide two beneficial effects: helping to 40% from last year, month after month. The Sutton bill would establish a program stimulate auto sales during the current eco- The Sutton CARS bill will establish a well- to provide incentives for consumers to scrap nomic/credit crisis and replacing older, less crafted and balanced fleet modernization older, less fuel-efficient vehicles and pur- fuel-efficient vehicles with cleaner, safer, program. The CARS bill is a compromise chase new, higher mile-per-gallon vehicles, more fuel-efficient ones. To that end, Presi- measure resulting from months of work be- resulting in significant reductions in oil con- dent Obama last week repeated his call to tween the Administration, domestic and for- sumption and greenhouse gas emissions. This Congress to enact such legislation, and we eign brand auto companies, environmental ‘‘cash for clunkers’’ program would provide organizations and auto dealers. The measure understand that Representative Sutton’s an immediate boost to auto sales, helping to offers a solid program that will give con- fleet modernization bill, which enjoys broad preserve domestic auto production and sumers with older vehicles an immediate bipartisan support, will be considered on to- American jobs. cash incentive from the U.S. government to The program is carefully crafted so it ap- morrow’s suspension calendar. purchase new more fuel efficient cars and plies to all auto companies in a balanced, While Alliance members would have pre- trucks. In addition, the bill was structured competitively neutral manner. The legisla- ferred a program open to all new vehicles to be environmentally progressive i.e., the tion in corporate compromise provisions that meet the mileage targets, the bipar- incentives to consumers are higher for vehi- agreed to by the Obama administration, tisan framework created by Representative cles that achieve fuel economy ratings above House leaders (including Chairmen Waxman, Sutton’s bill, will achieve significant eco- current government CAFE standards. Markey and Dingell), and Reps. Candice Mil- nomic stimulus and environmental benefits, The CARS legislation will both accelerate because it provides a the broad array of eligi- national economic recovery by creating an ler, Stupak, Upton, Israel and Inslee. The House Energy & Commerce Committee re- ble vehicles and will appeal to a large seg- estimated one million new sales of fuel effi- ment of consumers. Ultimately, oil savings cient vehicles and provide clear incentives to cently approved the provisions of this com- promise by an overwhelming, bipartisan and emissions reductions will happen only if move toward our environmental goals more buyers can use vouchers to buy vehicles that quickly. vote. Due to the financial and economic crises meet their needs. This is a winner for consumers, for the Around the world, consumers are already American economy, and for our combined that have engulfed our nation, the auto in- dustry has experienced a sharp drop in auto benefitting from similar programs, and the national commitment to environmental resulting economic stimulus has been sig- progress and stewardship. We thank you and sales resulting in unprecedented difficulties nificant. In January, Germany implemented urge you to vote for the Sutton CARS legis- for automakers, suppliers, dealers, workers a fleet modernization program. At the end of lation. and retirees. Congress can take immediate the first month of the program, sales in Ger- Sincerely, action to help the auto industry by promptly many were up 21% over 2008. Corresponding STEPHEN J. COLLINS, passing the ‘‘cash for clunkers’’ legislation. sales in the U.S. were down 41% for the same President. The AFL-CIO urges you to support Rep. Sutton’s fleet modernization bill. period. As of this writing, fleet moderniza- tion programs have been adopted in China, JUNE 8, 2009. WILLIAM SAMUEL, Japan, UK, Brazil, Spain, Austria, France, DEAR CONGRESSWOMAN SUTTON: On behalf Director, Government Affairs Department. of PPG Industries’ 15,000 U.S. employees, and Italy, Portugal, Romania and Slovakia, and the 299 at our Barberton and Strongsville fa- TO THE MEMBERS OF THE U.S. HOUSE OF are under consideration in several others. cilities in your district, I deeply appreciate REPRESENTATIVES: The U.S. Chamber of A fleet modernization program can deliver your sponsorship of H.R. 1550, the Consumer Commerce strongly supports the ‘‘Consumer real benefits to consumers, the environment Assistance to Recycle and Save Act, also Assistance to Recycle and Save Act,’’ which and the economy. The U.S. is already well known as the CARS Act, designed to help get is expected to be voted on tomorrow. This behind other major economies in adopting a the American automobile industry back on important legislation is urgently needed to fleet modernization program, and many buy- its feet by offering incentives for Americans help jumpstart U.S. auto sales, generate eco- ers are now delaying purchase decisions until to trade in their old cars for new, more fuel- nomic growth, and help protect jobs. the Congress acts. We strongly urge the Con- efficient automobiles. This bill would provide incentives to gress to send a message to American car About 4 percent of the U.S. gross domestic Americans to purchase new vehicles that buyers by sending a bill to the President’s product (GDP) is in the auto industry, mak- meet a set of criteria to ensure that the new desk without delay. ing it the nation’s largest manufacturing vehicles will be more fuel efficient than the We urge Representative Sutton to vote for sector. PPG’s automotive coatings and fiber vehicles they would replace. Not only would Representative Sutton’s fleet modernization glass are an important part of the auto sup- this ‘‘cash for clunkers’’ proposal provide an bill. ply chain. Last year, the U.S. auto industry important environmental benefit, but the Sincerely, provided hundreds of millions in sales and legislation would help an industry in crisis. DAVE MCCURDY, more than 1,260 manufacturing and research The recession has affected industries across President and CEO, Alliance of and development jobs to PPG. the United States, but the auto sector has Automobile Manufacturers.

VerDate Nov 24 2008 05:21 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.027 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6350 CONGRESSIONAL RECORD — HOUSE June 9, 2009

DEAR REPRESENTATIVE SUTTON: On behalf DEAR REPRESENTATIVE SUTTON: On behalf incentives to jump start the auto industry, of the Specialty Equipment Market Associa- of the Automotive Recyclers Association will help get our nation’s economy back on tion (SEMA), we wish to extend our sincere (ARA), an international trade association track and ensure job creation and sustain- appreciation to you for including a provision representing over 4,500 automotive recycling able economic growth. Thank you in advance within the CARS Act to exclude vehicles of facilities through memberships in the United for supporting this important bill. model year 1983 and earlier from the scope of States and fourteen other countries around Sincerely, the program. This provision serves to safe- the world, we are pleased to support the DOROTHY COLEMAN, guard vehicles that may possess unique his- ‘‘Consumer Assistance to Recycle and Save Vice President, Tax & toric or aesthetic value qualities, and are ir- Act’’ (CARS). This legislation seeks to ad- Domestic Economic Policy. replaceable to motor vehicle hobbyists and dress the distress of anemic motor vehicle related businesses as a source of restoration sales that have generated negative economic parts. DEAR CONGRESSWOMAN SUTTON: On behalf of issues throughout our country. the more than 17,000 members of the Na- SEMA also takes this opportunity to The CARS Act allows for the reuse of near- thank you and your staff for being available tional Automobile Dealers Association ly all parts from the vehicles retired under (NADA), I want to offer our support for your during the cash for clunker debate to discuss the program. The recovery, recycling, and the challenges facing the entire scope of the bill establishing a temporary vehicle fleet resale of automotive parts are important be- modernization (also known as ‘‘Cash for automotive industry. We look forward to cause it maximizes the availability of re- working with you on other auto industry Clunkers’’) program. It is our understanding placement parts. Consumers and businesses issues in the future. that this bill will be considered in the U.S. rely on parts from recycled vehicles because Sincerely, House of Representatives sometime today. of their substantial savings in reduced repair STEPHEN B. MCDONALD, costs and lower insurance premiums. As you may know, the current state of all Vice President, Government Affairs. ARA looks forward to working with staff automotive retailing is dire and consumer from your office and others as the regulatory confidence is near historic lows. When meas- DEAR REPRESENTATIVE SUTTON: The Asso- ured on a per capita basis, annual sales of ciation of International Automobile Manu- phase of this program moves forward. We be- lieve there are important issues regarding new vehicles have reached levels not seen facturers (AIAM) is pleased to support your since World War II. A successful fleet mod- ‘‘Cash for Clunkers’’ legislation. AIAM rep- the adequate handling of these vehicles under the National Motor Vehicle Title In- ernization program could well encourage resents 13 international motor vehicle manu- hundreds of thousands of consumers to trade facturers who account for 35 percent of all formation System (NMVTIS) and steps to en- sure that these vehicles are properly handled in older vehicles in return for an incentive to light duty motor vehicles produced in the purchase more fuel-efficient, safer vehicles. United States. AIAM members have invested environmentally that need particular atten- tion during the rulemaking process. This program is modeled after several suc- over $40 billion in U.S.-based production fa- cessful programs in other states and in other cilities, have over 6,500 locally owned dealer- On behalf of its members, ARA thanks you countries. ships, directly employ over 90,000 Americans, for your consideration of the concerns of and indirectly generate almost 600,000 thou- America’s automobile recyclers, and we look We very much appreciate the time and at- sand U.S. jobs in dealerships and suppliers forward to working with you on this legisla- tention you have devoted to bringing to- nationwide. tion. gether a broad coalition of stakeholders into The automobile industry is experiencing Sincerely, the legislative process and to developing a one of the worst slumps in its history. Pas- MICHAEL E. WILSON, workable program. As the bill moves for- sage of a broad, stimulative, fleet moderniza- Executive Vice President. ward, NADA is committed to working with tion measure, as the President has re- you to ensure legislation is passed by Con- quested, would help consumers purchase new JUNE 9, 2009. gress and signed into law. We will also need more fuel efficient vehicles, reduce dealer in- DEAR REPRESENTATIVE: The National Asso- the same sense of urgency that you brought ventories and provide a much needed boost ciation of Manufacturers (NAM)—the na- to the legislative process as this important to the industry and the economy. Ideally, tion’s largest industrial trade association— initiative moves through the regulatory this legislation should be administratively supports the Consumer Assistance to Recy- process within the Department of Transpor- simple and cover as many new cars and light cle and Save Act (H.R. 2751), which is sched- tation. trucks as possible, whether purchased or uled to be voted on today. This legislation Thank you again for your help and support leased. This type of approach has been imple- would provide incentives for the purchase of of America’s franchised new automobile mented in numerous other countries with new, fuel efficient motor vehicles. The auto dealers. impressive results. industry represents the country’s largest Sincerely, Again, we applaud you for your leadership manufacturing base and we believe H.R. 2751 DAVID W. REGAN, on this issue and urge immediate passage of will help jump start the industry and save Vice President, Legislative Affairs, this much needed legislation. well paying jobs by stimulating the produc- National Automobile Dealers Association. Sincerely, tion and sales of new cars and trucks. MICHAEL J. STANTON, As you well know, the auto industry cur- President & CEO. THE GOODYEAR TIRE AND rently faces challenges of historic propor- RUBBER COMPANY, tions. Over the past 16 months, retail sales of Akron, OH. JUNE 9, 2009. motor vehicles have fallen 26 percent, vehi- DEAR REPRESENTATIVE SUTTON: I am writ- UNITED STATES HOUSE OF REPRESENTA- cle production has fallen 41 percent and the TIVES: On behalf of Business Roundtable, I ing to thank you for your personal help in sector has lost 281,000 jobs. Nearly a fifth am writing to support the fleet moderniza- sponsoring the Consumer Assistance to Re- (17%) of the 1.6 million manufacturing jobs tion bill proposed by Congresswoman Sutton cycle and Save Act (CARS) Act and respect- lost during this recession has come from the that is expected to be considered by the fully ask that Congress take swift action to auto sector. House of Representatives today. This bill pass this important legislation. At the same time, the industry is critical provides a financial incentive for consumers to our nation’s economic recovery and future Passage of this measure will provide imme- to purchase new and more energy efficient growth. Almost four percent of U.S. gross do- diate assistance to the automobile industry vehicles resulting in the removal of less en- mestic product is auto-related. One out of by providing direct support incentives to ergy efficient vehicles from the nation’s every 10 U.S. jobs, or about 13 million, is consumers to purchase new fuel efficient ve- highways. It will also increase needed jobs to auto-related, and auto workers receive $335 hicles. With estimates that the CARS Act spur the economy, reduce greenhouse gas will provide incentives for Americans to pur- emissions and increase national energy secu- billion annually in compensation. In 2006, the motor vehicle sector spent $16.6 billion in chase approximately one million new cars rity. We believe that this legislation will and light trucks, this action by Congress will give a boost to the economy at a time of R&D alone. By providing temporary incentives for the provide an immediate and timely boost to great economic uncertainty. We also note the automobile industry. that the legislation will be financed by the purchase of new more fuel efficient vehicles, Similar legislation offered by you in the already allocated money in the stimulus this fleet modernization amendment will package and will not require financing provide a much-needed boost to the strug- House Energy and Commerce Committee was through additional deficit spending. Thank gling auto industry, including manufactur- passed by a 50–4 bipartisan vote, showing you for your leadership on this important ers, dealers, suppliers and other related in- widespread support for this program. subject. dustries. On behalf of Goodyear and our associates Sincerely, NAM members believe strongly that a vi- across the United States, thank you for your MICHAEL G. MORRIS, brant manufacturing sector is key to our na- continued support and assistance. I look for- Chairman, President and CEO, tion’s economic recovery and future growth. ward to continuing to work with you on this American Electric Power Company, Inc., Similarly, a revitalized auto industry is key and other issues of importance to Goodyear. Chairman, Sustainable Growth Initiative, to a strong manufacturing sector. This legis- Sincerely, Business Roundtable. lation, which provides timely targeted tax ISABEL H. JASINOWSKI.

VerDate Nov 24 2008 05:29 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.029 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6351 THE OHIO AUTOMOBILE DEALERS viding equal support for ALL the auto com- Ms. SUTTON. At this time, it’s my ASSOCIATION, panies in a competitively, neutral manner. honor to yield 1 minute to the gen- June 5, 2009. The members of Local 2000 wish to extend tleman, my colleague from Ohio (Mr. DEAR CONGRESSWOMAN SUTTON: On behalf our thanks to you for your continual efforts BOCCIERI). of our members in your district as well as where the security of our jobs at Ohio As- those throughout Ohio, I am writing to voice sembly Plant and the safety and well being Mr. BOCCIERI. Madam Speaker, this our strong support for your ‘‘Consumer As- of the citizens of the 13th District and the bill is about putting America first. We sistance to Recycle & Save’’ proposal, which entire country are concerned. heard this all throughout the last cam- we understand may receive full House con- If the members of UAW Local 2000 or I can paign about how we need to invest in sideration in the near future. assist you in these efforts in any way in the America and we need to protect Amer- It’s no secret Ohio’s auto sales are weak, future, please do not hesitate to contact me. ican jobs. And Congresswoman BETTY which impacts both our industry as well as Very truly yours, SUTTON has stood up for American jobs, Ohio’s state and local governments. Your JIM DONOVAN, and she is putting new meaning to proposal encourages the removal of older ve- President. hicles from the road in favor of more fuel-ef- ‘‘putting old Betty back in the garage ficient and safe vehicles, which benefits con- Mr. Speaker, we must pass the bipar- and putting new cars on our streets.’’ sumers, our industry and the environment. tisan CARS Act today for our workers, That’s why it’s imperative that the Thanks again for your strong leadership on for our environment, for consumers, for auto industry, especially in Ohio, be this proposal and your support of Ohio’s our economy, for our country. preserved under this bill. Twenty-five automobile retail industry. I reserve the balance of my time. percent of Ohio’s economy is based on Sincerely, Mr. UPTON. Mr. Speaker, I yield my- how well or how poorly the automotive TIM DORAN, self 2 minutes. President. industry performs. There were 560,000 Mr. Speaker, I congratulate my col- new vehicle registrations alone last JUNE 9, 2009. league from Ohio and my colleague year in Ohio. That averages to more DEAR REPRESENTATIVE: Support H.R. 2751, from Michigan, Mrs. MILLER. This is than $24 million per dealership in Ohio. the Consumer Assistance to Recycle and not the perfect bill, but this is it. This bill is about putting America Save Act—Automobile dealerships across the There is no plan B. This is not the first and putting Americans back in country again watched sales decline in original bill that Ms. SUTTON and Mrs. American-built cars. I will be proud to May—for the first time in 2009 no single MILLER introduced, but this is the bill support this bill today on the House brand saw an improvement over 2008 sales. that passed our committee 50–4. U.S. sales dropped by an average of 33.7 per- floor. cent this month, setting the seasonally ad- One in 10 jobs in America are auto-re- Mr. UPTON. Madam Speaker, I would justed annual sales rate (SAAR) at 9.9 mil- lated. In the last couple of years now, yield 2 minutes to the distinguished lion vehicles. Annual sales for 2008 was 13.8 particularly through this tough reces- Republican whip, Mr. CANTOR from Vir- and 2007 was 16.4 million units. I start off re- sion, we have lost one in five manufac- ginia. porting these numbers so you can better un- turing jobs, and certainly the Midwest Mr. CANTOR. I thank the gentleman derstand the urgency of my request—we need has been critically hurt. from Michigan. a ‘‘cash for clunkers’’ program now. The auto sector, we’ve seen auto Madam Speaker, I rise in reluctant The American International Automobile Dealers Association (AIADA), representing sales plummet from 17 million car sales opposition to this bill. It was my sin- 11,000 international nameplate automobile just 2 or 3 years ago to probably what cere hope that this bill would have franchises and their more than 500,000 em- will be less than 10 million, not only come to the floor under a process that ployees, write today urging you to vote to this year, but next year as well. Not would have allowed Members to offer support the cash for clunkers legislation in- only the Big 3 supports this, but Toy- amendments. Had we been permitted to troduced by Congresswoman Betty Sutton, ota, Honda, the Chamber, a whole num- do so, I would have offered an amend- the Consumer Assistance to Recycle and ber of different groups, the UAW, the ment to allow individuals to use the Save Act, H.R. 2751. The entire auto industry Auto Manufacturers, the National As- credit for the purchase of a fuel-effi- needs to focus fully on recovery. The first element of that recovery is incentivizing sociation of Manufacturers, the auto cient, previously owned vehicle. Even customers to buy. Today, we look to the dealers as well. You know what this after a generous credit, for many House of Representatives to do just that by bill is? It’s a jobs bill. American families, a new car is finan- passing a cash for clunkers plan that will cially out of reach. Yet with gas prices 1600 quickly and effectively stimulate sales. b rising again, these families deserve the Done with the right balance, cash for But more important than that, it’s same opportunity to upgrade their cur- clunkers is an opportunity to benefit both an American jobs bill, and it’s time to rent vehicle to a more fuel-efficient the economy and the environment. AIADA, stop the dominos from falling the model. For these families, the credit and its dealer members, support H.R. 2751, wrong way and beginning to turn the the Consumer Assistance to Recycle and that can be used towards the purchase Save Act, and again urge you and your col- switch from ‘‘red’’ to ‘‘green’’ for auto of a fuel-efficient, pre-owned car could leagues to act swiftly to stimulate the econ- jobs and get something in the hands of make all of the difference. omy with this program and pass this legisla- consumers that will boost their con- Indeed, there is already a substantial tion. fidence. inventory of previously owned, fuel-ef- Sincerely, Now, who else has done this bill? ficient vehicles on dealer lots available CODY L. LUSK, Well, 16. And guess what? The sales are for purchase. As a result, these pur- President. up. Germany, sales have increased by chases will promote the goals of the 40 percent; France, sales are up March program by increasing the number of UAW LOCAL 2000. DEAR CONGRESSWOMAN SUTTON: I, on behalf through May; the UK, Japan, China, fuel-efficient vehicles on the road. It is of the working men and women of Ohio As- Korea, Italy, Spain, Portugal, Malay- also important to remember that the sembly Plant and the approximate 50,000 sia, Austria, Romania, Luxembourg, livelihood of tens of thousands of Ohioans whose jobs are associated with the The Netherlands. Even Slovakia, auto Americans depend on the used car mar- Ohio Assembly Plant, write to express all of sales have increased by some 18 per- ket. our gratitude to you for your work on and cent. Used car sales outnumber new car for support of the Consumer Assistance to Madam Speaker, this is a very good sales 3–1 in the U.S., and there are Recycle and Save Act (CARS Act). Passage of this important legislation will bill. It’s one that has bipartisan sup- more than twice as many used car deal- not only help the consumer and public by port. It’s time to put American jobs ers as new car dealers in this country. putting cars on the road that run cleaner and first and begin to move this process Treating cars that meet the same fuel- maintain better fuel efficiency, but it will forward. We know we have a majority efficiency standards differently, based provide assistance by boosting car sales to in this House for this bill. The question on whether they are new or previously the struggling auto industry in America. is do we have two-thirds. I would like owned, effectively picks winners and This will also help to create a safer driving to think we do. This is it. We’re not losers among these dealers. Given the atmosphere as the older and potentially dan- gerous vehicles on our roads are replaced going to have another bill. It’s not difficult economic situation faced by with new ones. going back to Rules. We need to pass all Americans, I do not believe that it The authors of this legislation should be this. is wise or necessary to reward some highly commended for their efforts in pro- I reserve the balance of my time. Americans while punishing others.

VerDate Nov 24 2008 05:21 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.036 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6352 CONGRESSIONAL RECORD — HOUSE June 9, 2009 If we were to expand this bill to in- out a strong manufacturing sector, we Additionally, we are cleaning up the clude the purchase of previously owned will not have an economic recovery. environment by reducing our demand vehicles, it would truly be a win-win. While I would have preferred a simple on foreign oil. I have always said that As it helps the environment by encour- $5,000 voucher for any new car pur- what America drives drives America. aging more fuel-efficient vehicles, it chase, Congresswoman BETTY SUTTON And I am committed to a strong and would also help ease our dependence on moved this bipartisan bill so it really vibrant automobile industry. This leg- foreign oil, and it would provide an- stimulates the economy because it sets islation will help us get through this other incentive to help jump-start the the chain of supply into motion. It gets difficult time and get our automakers economy. people back to work in our factories. If on the path to being the economic en- Madam Speaker, I’m saddened I was the first-time home buyer tax credit gine that has driven the American not permitted to offer my amendment, for $8,000 is working to spur the hous- economy. but I’m hopeful as this bill works its ing market, just think what this will I urge my colleagues to vote ‘‘yes’’ way through the process we can work do for the auto industry. on this important legislation. to address the concerns of those who Stimulating sales is the only way to Mr. UPTON. Madam Speaker, at this make their living selling previously get the auto industry back on its feet— point I would yield 2 minutes to the owned vehicles. not further top-down infusions of gentlelady from the great State of Ms. SUTTON. Madam Speaker, may I money from the top. The bill gets the Michigan, who was an original author inquire how much time we have. American people involved because it’s with Ms. SUTTON of the first bill, Mrs. The SPEAKER pro tempore (Ms. bottom-up. It sets the fire of manufac- MILLER, for 2 minutes. Mrs. MILLER of Michigan. I thank BALDWIN). The gentlewoman from Ohio turing. It gets us going again. And even controls 13 minutes, and the gentleman if somebody does not want to buy an the gentleman for yielding. Madam Speaker, I rise today in very from Michigan controls 16 minutes. automobile, this person will still indi- strong support of this bill that will Ms. SUTTON. It’s my honor, Madam rectly benefit from the positive ripple Speaker, to yield 2 minutes to the dis- help support American jobs. We all un- effect. derstand the challenges facing our auto tinguished chairman of the Committee Look what happens when 1 million industry. This industry, which is so on Energy and Commerce, Chairman automobiles are sold in America today. vital to our national economy, has WAXMAN. The Caliber—proudly built in the 16th been hit literally by an economic hur- Mr. WAXMAN. Thank you very much Congressional District of Illinois, along for yielding time for me to speak in ricane which has caused hardships not with the two smaller Jeeps—the sale of only for the automakers, but also the favor of H.R. 2751, the CARS Act. 1 million automobiles in this country I worked closely with Representative suppliers, the dealers, and everyone means 60,000 people go back to work, who has a stake in this industry and its SUTTON and other members of our com- $1.4 billion is returned in sales tax to mittee to negotiate this legislation, success. the State and local governments, $750 This legislation is a very strong bi- and I believe it hits the trifecta: it’s million in Federal taxes is paid by the partisan approach that will help get good for the economy, good for con- workers and savings of unemployment, the assembly lines moving, keep traffic sumers, and good for the environment. COBRA, food stamps and job training in the showrooms, protect jobs, and For the auto industry, it means a big of almost $3 billion. This bill almost give our economy a desperately needed leap in sales right when the industry pays for itself. jolt. And how do we know that it will needs it most. CBO estimates that this But the beauty of it is the fact that work? Because it has already been im- program will help sell 600,000 cars, it returns the supply chain. It gets peo- plemented in nations across the globe. many of them made right here in ple working again. It gets the economy Because in every nation that has im- America. It’s no wonder that the Big moving again. Instead of communities plemented a similar program, auto Three, the UAW, and the auto industry having to come to Washington looking sales have risen, and in every nation support the bill. For consumers, it for money, the money gets restocked that has not—like us—the sales con- means a chance to get rid of the old gas simply because of the payment of the tinue to fall. That’s why this legisla- guzzling clunker and receive a voucher taxes. tion has the strong support of groups worth up to $4,500 to get a new, more Vote for H.R. 2751. This is a real like the UAW, the National Auto Deal- fuel-efficient car. The better gas mile- stimulus. ers, Ford, General Motors, Chrysler, age, the higher the subsidy. And for the Ms. SUTTON. Madam Speaker, at Mazda, the Alliance of Automotive environment, it means a win. With this time it’s my honor to yield to the Manufacturers, the Association of every new sale, every car or truck sold distinguished gentleman from Michi- International Automobile Manufactur- under this program will be more fuel gan (Mr. KILDEE) 2 minutes. ers, the National Paint and Coatings efficient or cleaner than the car or Mr. KILDEE. I thank the gentlelady Association, the Motor and Equipment truck it replaces. for yielding. Manufacturer’s Association, the Spe- I appreciate the work of Representa- Madam Speaker, I rise today in cialty Equipment Manufacturing Asso- tive SUTTON and my other colleagues strong support of H.R. 2751, the Con- ciation, the American Iron Steel Insti- on the committee for this legislation. I sumer Assistance to Recycle and Save tute, the AFL, the CIO, the Chamber of want to acknowledge their efforts on Act. This bill will provide incentives Commerce. I could go on and on. behalf of the American auto industry for the purchase of new, more efficient And why do they all support this leg- and American autoworkers. This legis- vehicles helping to revitalize our auto islation? Because they understand that lation was an amendment added to the industry, preserve jobs, and clean up the best way to jump-start our econ- ACES energy bill passed by our com- our environment. The need for this bill omy is to get auto sales moving. The mittee by a strong bipartisan 50–4 vote. could not be greater. As we all know plight of the auto industry is a na- I ask my colleagues to vote ‘‘yes″: too well, our domestic industry has tional problem affecting our entire Na- ‘‘yes’’ for the economic benefits of the been suffering a prolonged downturn, tion. And we know this because of the bill, ‘‘yes’’ for the benefits of con- and our families are feeling the effects. troubles of Chrysler and General Mo- sumers, and ‘‘yes’’ for the improvement The recent bankruptcy filings by tors dealers across the Nation that are in environmental quality. Chrysler and General Motors further being closed with countless jobs being Mr. UPTON. Madam Speaker, at this underscore the critical need for action. lost. We know this because suppliers point, I would like to yield to 2 min- H.R. 2751 will provide consumers with who serve the industry are struggling utes to one of the cofounders of the up to $4,500 in vouchers for trading in to stay afloat with countless more jobs Manufacturing Caucus and certainly a their old vehicles and purchasing new, being lost and at risk. And we know member of the Automotive Caucus, the more fuel-efficient models. Not only this because two of our iconic indus- gentleman from Illinois (Mr. MAN- will this provide a much-needed boost trial giants—both Chrysler and General ZULLO). to the auto industry, including manu- Motors—are today in bankruptcy Mr. MANZULLO. Madam Speaker, facturers, dealers, and suppliers, but it court. this bill will spur auto sales and revi- will help preserve jobs in our commu- All of these providers are clamoring talize our manufacturing sector. With- nities. for action, and they deserve the help of

VerDate Nov 24 2008 03:52 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.077 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6353 this Congress. Simply put, we must bama and a member in good standing ing layoffs, and save more than 250 mil- act. So let us support legislation that of the Auto Caucus, Mr. ROGERS. lion gallons of gas. This has been tried will protect American manufacturing Mr. ROGERS of Alabama. I rise and true around the world in recent jobs. And this legislation will also give today to offer my reluctant support of months with great success. In Ger- our economy the boost that it needs. I the Consumer Assistance to Recycle many, for example, it boosted auto certainly do want to thank my col- and Save Act, also known as the Cash sales by 20 percent. leagues for all of their support. And I for Clunkers program. Because this legislation will deliver urge support of this passage. All of us have witnessed the devasta- consumer savings, increase vehicle de- Ms. SUTTON. Madam Speaker, at tion felt by our automotive sector. In mand, help save American jobs while this time it is my honor to yield 2 min- my home State of Alabama, as in many cutting greenhouse gas emissions and utes to the distinguished chairman other States, workers have lost their reducing our dependence on foreign oil, emeritus and a leader in this effort as jobs or had their hours cut. Many hard- it is supported by a broad coalition. well, the gentleman from Michigan, working dealers have simply been That coalition includes the Big Three Congressman John DINGELL. forced to close their doors. automakers, the United Auto Workers, (Mr. DINGELL asked and was given To help protect our jobs and stimu- car dealers, business groups such as the permission to revise and extend his re- late the automotive sector, we must National Association of Manufacturers, marks.) work to stimulate consumer credit the Chamber of Commerce, and, in the Mr. DINGELL. Madam Speaker, I markets and restore consumer con- lead, the Obama administration. rise in strong support of this fine, bi- fidence. That is why I recently intro- Today, with this legislation, we will partisan bill, the Consumer Assistance duced my bill, the Consumer Auto Re- ensure a strong American manufac- to Recycle and Save Act, authored by lief Act. Unlike the bill we are consid- turing base. As much as anything that my friend and colleague, Ms. SUTTON of ering today, my proposal would help all we can do in terms of addressing the Ohio. I commend her and her bipar- sectors of the automotive industry. issue of the auto industry in our coun- tisan cosponsors for their work on be- In addition to offering tax credits to try, this is a national security issue. half of this. working families to help purchase new The auto industry’s success is essential The bill has the support of the vehicles, the bill would also help to ensuring that we have a strong man- Obama administration, the UAW, do- incentivize lenders to finance new vehi- ufacturing base. This legislation today mestic and foreign automobile manu- cles. The bill would also place no limi- will ensure that we have a strong man- facturers, suppliers, and dealers. tations on eligibility to participate in ufacturing base and get more fuel-effi- b 1615 the program. Unfortunately, my bill is cient vehicles on the road, which is es- It also will result in meaningful re- not what is on the floor today. None- sential to our economy, to our national ductions in vehicle fleet carbon emis- theless, despite my reservations about security, and a clean, green future. sions and fuel consumption while pro- H.R. 2751, I believe that passing it is I commend my colleagues once again. viding much-needed stimulus to our better than doing nothing, but not by I commend Congresswoman SUTTON for ailing automakers and economy. much. I offer my support for the bill her determination to accelerate the I express my deep gratitude to Chair- and urge its passage. pace of when we would bring this legis- man WAXMAN, Mr. MARKEY, Mr. STU- Ms. SUTTON. Madam Speaker, it is lation to the floor and urge strong bi- PAK, as well as Representatives SUT- my honor to now yield 1 minute to the partisan support for the bill, which it TON, ISRAEL and INSLEE, for their col- distinguished Speaker of the House to certainly deserves. laborate, collegial approach during the speak on this bill, Speaker NANCY Mr. UPTON. Madam Speaker, may I negotiations on the legislation. And I PELOSI. inquire how much time is left on both want to commend my friend, Mr. Ms. PELOSI. I thank the gentlelady sides. UPTON, and others of my colleagues on for yielding. I commend her for her tre- The SPEAKER pro tempore. The gen- the other side of the aisle as well as the mendous leadership in putting together tleman from Michigan controls 11 min- entire Michigan delegation, for their this legislation that we have before us. utes, and the gentlewoman from Ohio work on behalf of this. She, Representative ISRAEL and Rep- controls 7 minutes. This legislation cannot wait. The resentative INSLEE all worked very Mr. UPTON. Madam Speaker, I yield longer it is put off, the more auto sales hard to come to a position that we can 2 minutes to the gentleman from Ari- will be depressed. And consumers who all support today. Mr. MARKEY is here zona (Mr. FLAKE). are excited about this proposal will of the Select Committee, and of course Mr. FLAKE. I thank the gentleman continue to wait for Congress to pass Mr. DINGELL, the Chair Emeritus of the for yielding. this bill before buying that new car Energy and Commerce Committee. Madam Speaker, this bill is a bad that we want them to have. Others, Mr. BRALEY, Mr. STUPAK—well, idea spawned by a bad idea that was In view of the unprecedented turmoil all of our colleagues have had an im- spawned by still yet another bad idea— faced by the domestic automakers and portant role—Mr. KILDEE and our col- and it will likely spawn a lot of other growing imperatives to address global leagues on the Republican side of the bad ideas in the future. warming, Ms. SUTTON’s fleet mod- aisle. Hopefully we will have a good, The first bad idea was to bail out the ernization bill stands out as a really strong bipartisan vote today on this auto industry in the first place. The practical mechanism by which to legislation. second bad idea was for the govern- achieve consumer savings, reduce fuel Because you all have given us an op- ment to essentially take over the auto consumption, lower carbon dioxide and portunity to pass legislation that is a industries. We all know that govern- criteria pollutant emissions, as well as benefit to our economy and a benefit to ment is not very good at manufac- increase sales for a critical sector of our environment, we can create and turing anything, so it has to manufac- the national economy. Indeed, in coun- save jobs while addressing the air pol- ture demand. And that’s what this bill tries such as Germany, fleet mod- lution issue, so important to our chil- is about. It is defying the laws of eco- ernization programs have been wildly dren’s health. We will do this by allow- nomics and saying we can manufacture successful in all of these areas. ing Americans to trade in their own enough demand to keep the auto indus- This is a good bill. It will help us gas-guzzling vehicles and receive tries afloat without other measures with the environment, and it will help vouchers worth up to $4,500 to help pay that they need to take to stay afloat. us with employment. It will see to it for the new, more fuel-efficient cars We can’t simply manufacture demand that the United States moves forward and trucks. any more than we can defy any of the rapidly towards a full and adequate re- I will go into some specifics—I know other laws of economics. covery from this terrible recession in we’ve heard it over and over again, but A list was given of those who support which we find ourselves. this CARS bill is quite a remarkable this legislation. It says it has broad I urge my colleagues to support the piece of legislation, and the timing is support from Ford, GM, Chrysler, the bill, and I commend its author again. perfect. And when they trade in these Automobile Dealers Association, the Mr. UPTON. Madam Speaker, I yield cars, they will strengthen America’s labor unions, the Chamber of Com- 2 minutes to the gentleman from Ala- auto industry, creating jobs and reduc- merce. Can anybody tell me honestly if

VerDate Nov 24 2008 03:52 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.079 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6354 CONGRESSIONAL RECORD — HOUSE June 9, 2009 anybody on that list has ever turned The Cash for Clunkers program ac- minute to the distinguished gentleman down a government subsidy of any complishes a dual task of reducing from Michigan, Representative PETERS. type? I would submit I’ve never heard emissions and stimulating sales in the Mr. PETERS. Madam Speaker, the it, not in the time that I’ve been here. auto industry. I applaud Congress- CARS Act of 2009 is critical not only to So it shouldn’t surprise anybody that woman SUTTON for her leadership on spur growth in America’s auto industry this list of individuals or organizations this important issue. And I appreciate but to save and create jobs throughout supports this legislation. That doesn’t the support of Chairman WAXMAN, our country. mean that we should. We have a duty Chairman Emeritus DINGELL, Chair- History shows that one of the to represent the taxpayers as well here. man MARKEY, Chairman INSLEE, and quickest ways to end a recession is to I should note that just this morning Majority Leader HOYER in helping to sell more automobiles. New car sales there was a press conference about bring this agreement to the House constitute a major percentage of a na- PAYGO—pay-as-you-go, don’t pay out floor. tion’s consumer spending. anymore than you take in. Where is The Cash for Clunkers program pro- Increasing vehicle sales also stimu- the money going to come from for this? vides an incentive for Americans to do lates demand for raw goods from which Perhaps that’s why it is on the suspen- their part to reduce emissions without automobiles are manufactured. Pro- sion calendar so that what should gov- imposing new regulations on industry duction of glass, steel, plastics, and ern this place—what kind of PAYGO or consumers. This bill results in other primary materials will be in- rules that we have—don’t actually cleaner cars on the road and an in- creased as more new cars are sold, cre- apply. But you’ve got to pay the piper crease in sales for the struggling auto ating jobs throughout the country. at some point, and we simply can’t industry. continue to go down this road. The value of the voucher and the cri- b 1630 Madam Speaker, this is a bad idea. teria used to determine eligibility vary Many other nations have acted to This is a clunker of a bill that ought to based on the type of car you are trad- strengthen their economies with poli- be retired, and we ought to apply the ing in and the type of car you are buy- cies to design and to sell more auto- cash toward our unsustainable deficit. ing. The agreement we have reached on mobiles, and the U.S. should not be left Ms. SUTTON. Madam Speaker, it is Cash for Clunkers ensures that a vari- behind. Many Members of the House my honor to yield 1 minute to the dis- ety of needs of consumers are covered have recently expressed their desire to tinguished chairman from Massachu- under the program. support auto dealers in their States. setts, Chairman MARKEY. The Cash for Clunkers program en- There is no better way to help car deal- Mr. MARKEY of Massachusetts. I courages consumers to buy 1 million ers going forward than to pass this im- thank the gentlelady, and I congratu- new cars and trucks. This program bol- portant legislation. We must pass the late the gentlelady for her excellent sters the automotive industry at its CARS Act today to create a recovery work on this legislation. weakest point in years while revital- not just for our auto industry but for To Mr. DINGELL, to Mr. INSLEE, Mr. izing manufacturing and jump-starting the entire economy. STUPAK, Mr. ISRAEL, to Mr. BRALEY, to our economy. Ms. SUTTON. Madam Speaker, at Mr. WAXMAN, this is truly the work of Mr. UPTON. Madam Speaker, I would this time it is my privilege to yield 2 a lot of people coming together. And just note that I have a list of folks minutes to the distinguished gen- ultimately, the approach has produced wanting to speak, but they’re not here. tleman from Michigan (Mr. LEVIN). a win-win-win situation: a win for our That is why I am reserving the balance (Mr. LEVIN asked and was given per- consumers who get a new, more effi- of my time. mission to revise and extend his re- cient vehicle; a win for reducing our Ms. SUTTON. I would just inquire of marks.) dependence on imported oil; and a win the gentleman, we have an abundance Mr. LEVIN. Let me thank Mr. UPTON. for an industry struggling to regain its of speakers and not quite enough time, I assume I’m using 2 of his minutes. footing. And I will add one more win would you like to yield some time? Mr. UPTON. Madam Speaker, I yield because it is always a win when Mem- Mr. UPTON. I will yield the gentle- the gentleman another minute. bers from the Rust Belt and the two lady 4 minutes of my time to control. Mr. LEVIN. No, that’s fine. I may coasts can join together and come up Ms. SUTTON. I thank the gentleman yield back, but this is true bipartisan- with a compromise that all sides can very much. ship. support. At this time, Madam Speaker, I The price of a gallon of gasoline is would like to yield 30 seconds to my We all know there’s a major restruc- rising inexorably, back up to $4 a gal- colleague from Ohio, Congressman TIM turing of the auto industry going on as lon. It has gone up $1 at the pump on a RYAN. we are here today, and there is a very national average since December. The Mr. RYAN of Ohio. I thank the gen- simple truth: If there is not increased price of a barrel of oil has gone from tlelady and want to congratulate her. demand, that restructuring cannot suc- $30 to $69 since December. This is the I would like to make two quick ceed. And I think only rigid ideologues kind of bill we need to put in place. My points. One is, the gentleman from Ari- would say it’s impossible to stimulate congratulations to the gentlelady. zona, when he was here, mentioned demand. There has been a historic drop Mr. UPTON. Madam Speaker, I re- about manufacturing demand. It was in demand for vehicles in this country. serve the balance of my time. the tax credit for SUVs that actually It’s about one-half of what it was not Ms. SUTTON. Madam Speaker, may I manufactured the demand that led to a so long ago. And it remains true glob- inquire how much time the gentleman lot of the issues we are dealing with ally. This is not only a national phe- from Michigan controls. now with the environment. And also, nomenon; it’s a global phenomenon. The SPEAKER pro tempore. The gen- the gentleman was critical of the auto Other countries have acted. And I sa- tleman from Michigan controls 9 re- industry. I would like to remind him lute Representative SUTTON and all maining minutes, and the gentlewoman that it was the auto industry and the who have worked on this to step up to from Ohio 6 remaining minutes. tax dollars that the Midwest sent out the plate for the basic manufacturing Ms. SUTTON. Madam Speaker, at to build the West. All the water lines base of the United States of America. this time, it is my honor to yield 1 and sewer lines in congressional dis- Ms. SUTTON. Madam Speaker, at minute to the distinguished gentleman tricts that were made out West were this point, it is my privilege to yield 2 from Michigan, Chairman BART STU- made by the taxpayers and the auto in- minutes to the distinguished gen- PAK. dustry and the steel industry that sent tleman from Washington, Representa- Mr. STUPAK. Madam Speaker, as their money out. So I just wanted to tive JAY INSLEE. one of the authors of H.R. 2751, I urge clear the record. (Mr. INSLEE asked and was given support of the Cash for Clunkers pro- I thank the gentlelady from Ohio. I permission to revise and extend his re- gram that will provide cash vouchers of get nervous anytime I see Ohio and marks.) up to $4,500 at auto dealerships for con- Michigan working together, but in this Mr. INSLEE. Madam Speaker, I just sumers who trade in aging, less fuel-ef- particular instance, it’s a good deal. want to point out something about the ficient automobiles and replace them Ms. SUTTON. Madam Speaker, at benefits of efficiency in this bill. We with modern fuel-efficient models. this time, it is my privilege to yield 1 know it’s going to help the important

VerDate Nov 24 2008 03:52 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.081 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6355 auto industry, but I want to point out than they had before; $780 per house- workers in jobs supplying the auto in- how it will help consumers in effi- hold for those that take advantage of dustry, summed it up like this: ‘‘From ciency. it. We have fraud and abuse provisions the glass, to the tires, to the plastic, to Under this bill, Americans who par- in here so that they won’t be taken ad- the hundreds of pounds of metal that ticipate will save an average of 133 gal- vantage of. comprise every vehicle, steelworkers lons of gasoline a year by having access And to my good friend Mr. FLAKE, manufacture these products in loca- to a more efficient car. At the price of yes, there is a sunset. This program tions all across the country. Even the $2.71 a gallon, that’s a saving of $368 a doesn’t go on forever. There is a sun- paper, the catalogues, and brochures year in gasoline. That is 250 million set. It’s a temporary Band-Aid to fix an that the automakers use to market gallons of gasoline that we otherwise economic problem that needs Amer- their vehicles are often the product of will not be burning. ica’s attention. the work of steelworkers. But count- Now, the reason I point this out is Isn’t it better, isn’t it better to have less other citizens, union and non- there is a benefit to the environment in people work and have a job and pay union, such as auto dealers, account- our efforts to stop global warming in taxes than having them laid off and re- ants, restaurant and shop owners, have this bill, and Mr. ISRAEL and I had ear- ceive benefits? I think most Americans their jobs tied to the auto industry.’’ lier introduced a piece generally in the would rather have that job. They want Governors from 12 States, including same direction, heading with the great to pay their taxes. This is a bill that Governor Strickland from Ohio, the leadership of BETTY SUTTON and JOHN helps America, and that’s one of the Governors of Michigan, Colorado, Dela- DINGELL and BART STUPAK, and we put reasons why it passed in our committee ware, Illinois, Kansas, Kentucky, New our bills together, and this is the prod- 50–4. Hampshire, Oklahoma, Vermont, West I would urge all of my colleagues to uct. Virginia, and Wisconsin all support support this. And, sadly, because of the Some folks have argued that the effi- this effort today. procedure, it does have to pass tonight ciency provisions of this bill are not It’s time to act, Madam Speaker. It’s aggressive enough. The bill I intro- by a two-thirds vote rather than a ma- jority. I would like to think that we time to pass the CARS Act, and I urge duced with Mr. ISRAEL had more ag- a ‘‘yes’’ vote on the bill. gressive targets. can exceed that two-thirds and pass it. With that, Madam Speaker, I yield Mr. GENE GREEN of Texas. Madam But I want to point out something Speaker, I stand today in strong support of that is a singular achievement of this back the balance of my time. Ms. SUTTON. Madam Speaker, we H.R. 2751, the Consumer Assistance to Recy- bill, and I want to thank BETTY SUTTON have heard overwhelming support for cle and Save Act. for her leadership on this. If we are the CARS Act on the floor today and This bipartisan piece of legislation is des- going to stop global warming, we in- from across the country throughout perately needed to reinvigorate our domestic deed are going to have to come to- this process. I want to thank, first of auto industry and replace high-emission vehi- gether all across the country. Folks in all, the gentleman from Michigan for cles with cleaner, more fuel-efficient cars. the steel industry are going to need to what a fantastic job he has done in This fleet modernization bill will help stimu- work with people on the coast. People moving this bill on the floor this after- late auto sales across the country by replacing in the Midwest, in the Rust Belt States noon and for all of the work that he approximately one million new cars or trucks in the auto industry are going to need put into making it a success. I also on the road. to work with those folks in the San want to thank all of those, many of Specifically, old passenger cars and light Francisco Bay region. whom we have heard from today here duty trucks or SUV’s must receive 18 miles Congress means coming together, and on the floor, for all of their help and per gallon (mpg) or less to participate in the this bill, I think, represents a perfect their support in getting this innovative program. example of how our Nation needs to measure to the floor and on the way to come together to tackle the many Consumers can receive vouchers—ranging the beneficial effects for the American from $3,500 to $4,500—to help reduce the challenges we have in dealing with people. I also want to thank all of the global warming. And when we pass this cost of a new vehicle if the new vehicles re- staff who worked on this bill and bring- ceive greater fuel efficiency. bill today, it will be one step, one brick ing it together: my staff, Nicole in the wall of that effort, for a true The greater the increase in fuel efficiency, Francis Reynolds and Christine Cor- the greater the value of the voucher. clean energy revolution in America coran, as well as the staff on the Com- that we can all be proud of across the New passenger cars must receive at least mittee on Energy and Commerce and 22 mpg and light trucks or SUV’s must receive country. others, Representative DINGELL’s staff. Congratulations. at least 18 mpg. Large light-duty trucks and It has been a truly collaborative proc- work trucks are also eligible for the program. Ms. SUTTON. Madam Speaker, I re- ess, and we have a good result. By replacing aging vehicles with more fuel- serve the balance of my time. We have heard about how this bill Mr. UPTON. Madam Speaker, I yield will improve our environment, serve as efficient ones, this bill will help reduce oil con- myself the balance of my time. an economic stimulus, and shore up the sumption in America, lower overall fuel costs Madam Speaker, it is time to get 3 to 5 million jobs in the auto and re- and reduce transportation emissions to help America moving again, and that’s ex- lated industries. Close to home in my us meet any national climate program. actly what this bill does. The auto sec- district, the Akron Area Auto Dealers I want to thank Representative SUTTON, tor is so important to our country in Association put it this way: ‘‘Providing Chairman-Emeritus JOHN DINGELL, and others virtually every single community. It an incentive to stimulate sales is a for their leadership in moving this legislation doesn’t have to just be a community critical step in the recovery of the forward, and I hope this legislation swiftly be- that has an assembly line. It’s the com- automobile industry, and congressional comes law. munities that build parts, whether it passage of the CARS Act represents an Mr. BARTON of Texas. Madam Speaker, in be a gas cap or a part for a brake, a opportunity to benefit both the econ- Texas we implemented a program called Air side panel, a piece of trim, a window. omy and the environment.’’ Check Texas, which was designed to replace Auto dealers are in virtually every Local 2000 of the United Auto Work- older, polluting vehicles with newer ones. The community across the country, and ers, which assembles the Ford E-Series program succeeded in getting vehicles 10 they average about 50 employees per line of vehicles in my district in Avon years or older—or those that had failed an dealership. So this bill impacts every Lake, has stated: ‘‘Passage of this im- emissions test—off of the road. The program single community across America. portant legislation will not only help in Texas focused mostly on older vehicles be- No one here today has talked about the consumer and public by putting cause they emit 10 to 30 times as much pollu- what this bill also does. We will rely cars on the road that run cleaner and tion as newer vehicles. In fact, vehicles that less on foreign oil because the average maintain better fuel efficiency, but it are 13 years old and older account for just 25 consumer, by taking advantage of this will provide assistance by boosting car percent of miles driven, but 75 percent of all program, will save $780 in fuel costs be- sales to the struggling auto industry in tailpipe emissions. cause they’re going to trade in that old America.’’ While I support Representative SUTTON in car and they’re going to have a more And the United Steelworkers, who her Cash for Clunkers and I am a co-sponsor fuel-efficient, better emission vehicle represent hundreds of thousands of because I believe in both the stimulative and

VerDate Nov 24 2008 03:52 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 7634 Sfmt 9920 E:\CR\FM\K09JN7.083 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6356 CONGRESSIONAL RECORD — HOUSE June 9, 2009 environmental benefits of getting older vehi- The SPEAKER pro tempore. The Oberstar Rush Tauscher cles off of the road, I don’t believe that the ar- question is on the motion offered by Obey Ryan (OH) Teague Olver Salazar Terry bitrary 18 mpg combined efficiency require- the gentlewoman from Ohio (Ms. SUT- Ortiz Sanchez, Loretta Thompson (CA) ment for the trade-in vehicle is beneficial. Set- TON) that the House suspend the rules Pallone Sarbanes Thompson (MS) ting an arbitrary number like 18 mpg leaves a and pass the bill, H.R. 2751. Pascrell Schakowsky Tiberi Pastor (AZ) Schauer lot of folks with older, polluting vehicles behind The question was taken. Tierney Payne Schiff Titus Pelosi Schrader the wheel of these cars because they can’t af- The SPEAKER pro tempore. In the Tonko Perlmutter Schwartz ford a new car without the $3500 or $4500 opinion of the Chair, two-thirds being Towns Perriello Scott (GA) this voucher would provide. in the affirmative, the ayes have it. Peters Scott (VA) Tsongas As the bill is currently written, a 1986 Mr. FLAKE. Madam Speaker, on that Peterson Serrano Turner Peugeot station wagon with a 20 mile per gal- I demand the yeas and nays. Petri Sestak Upton Van Hollen lon combined efficiency would not qualify for The yeas and nays were ordered. Pingree (ME) Shea-Porter Pitts Sherman Vela´ zquez the voucher, but a 2009 Mercedes Benz sta- The SPEAKER pro tempore. Pursu- Poe (TX) Shimkus Visclosky tion wagon would, because it has an EPA ant to clause 8 of rule XX, this 15- Pomeroy Shuler Walden combined efficiency rating of 15.5 miles per minute vote on the motion to suspend Price (NC) Sires Walz gallon fuel. Clearly the intent of the bill is not Quigley Skelton Wasserman on H.R. 2751 will be followed by 5- Rahall Slaughter Schultz to subsidize the new car purchase of a 2009 minute votes on motions to suspend on Rangel Smith (NJ) Waters Mercedes driver. So let’s think a bit more H.R. 1741 and House Resolution 505. Reichert Smith (WA) Watson about our 1986 Peugeot driver and helping Reyes Snyder Watt The vote was taken by electronic de- Richardson Souder him or her improve the efficiency and tailpipe vice, and there were—yeas 298, nays Waxman Rodriguez Space Weiner Roe (TN) emissions of that car. 119, answered ‘‘present’’ 2, not voting Speier Welch Rogers (AL) Spratt Expanding this program to model years and 15, as follows: Wexler Rogers (MI) Stark failed emissions tests—like the successful pro- Wilson (OH) [Roll No. 314] Ros-Lehtinen Stearns Woolsey gram in Texas—will achieve a more far-reach- YEAS—298 Ross Stupak ing success than the program as written. I Rothman (NJ) Sutton Wu Abercrombie Davis (TN) Kaptur Roybal-Allard Tanner Yarmuth support this legislation, but as the legislation Ackerman DeFazio Kildee moves forward I believe the combined effi- Adler (NJ) DeGette Kilpatrick (MI) NAYS—119 ciency requirements for the trade-in vehicle Altmire Delahunt Kilroy Aderholt Gohmert Moran (KS) should be dropped and a model-year ap- Andrews DeLauro Kind Akin Goodlatte Neugebauer Arcuri Diaz-Balart, L. King (IA) Alexander Granger Nunes proach should be explored. Austria Diaz-Balart, M. Kissell Bachmann Graves Olson Mr. HOLT. Mr. Speaker, I rise today in sup- Baca Dicks Klein (FL) Baird Harper Paul Bachus Dingell Kosmas port of H.R. 2751, the Consumer Assistance Barrett (SC) Hastings (WA) Paulsen Baldwin Donnelly (IN) Kratovil Bartlett Heller to Recycle and Save Act. Barrow Doyle Kucinich Pence The Consumer Assistance to Recycle and Biggert Hensarling Platts Barton (TX) Dreier Lance Bilirakis Herger Polis (CO) Save Act would strengthen demand for auto- Bean Driehaus Langevin Blackburn Herseth Sandlin Posey mobiles in the United States and provide Becerra Edwards (MD) Larsen (WA) Boehner Hunter Price (GA) much needed relief to struggling car compa- Berkley Edwards (TX) Larson (CT) Bonner Inglis Berman Ehlers Latham Boozman Issa Radanovich nies and dealerships. More commonly known Berry Ellison LaTourette Boustany Jenkins Rehberg as the ‘‘Cash for Clunkers Act,’’ this legislation Bilbray Ellsworth Lee (CA) Boyd Johnson, Sam Rogers (KY) would allow car owners to trade in their old in- Bishop (GA) Emerson Lee (NY) Brady (TX) Jones Rohrabacher Bishop (NY) Engel Levin efficient automobiles for new more fuel effi- Broun (GA) Jordan (OH) Rooney Blumenauer Eshoo Lipinski Brown (SC) King (NY) Roskam cient automobiles. The Cash for Clunkers Act Blunt Etheridge LoBiondo Burgess Kingston Royce could spur the sales of up to 1 million more Boccieri Farr Lofgren, Zoe Cantor Kirk Ryan (WI) Boren Fattah Lowey Carter Kirkpatrick (AZ) Scalise fuel efficient cars and trucks. It would help to Boswell Filner Luja´ n Chaffetz Kline (MN) Schmidt save jobs and shore up car dealerships, and Boucher Foster Lynch Coffman (CO) Lamborn Schock Brady (PA) Frank (MA) Maffei it would help save more than 250 million gal- Cole Latta Sensenbrenner lons of gas a year. Bright Frelinghuysen Maloney Conaway Lewis (CA) Brown, Corrine Fudge Manzullo Shadegg Our national car companies are struggling in Crenshaw Linder Shuster Brown-Waite, Gerlach Markey (CO) Culberson Lucas Simpson the floundering economy. Since last year ago, Ginny Gingrey (GA) Markey (MA) Davis (KY) Luetkemeyer Smith (NE) national car sales have fallen by 34 percent. Burton (IN) Gordon (TN) Massa Dent Lummis Smith (TX) Butterfield Grayson Matheson Doggett Lungren, Daniel Car dealerships across the nation are closing Taylor Buyer Green, Al Matsui Duncan E. their doors, and it is estimated that in my Calvert Green, Gene McCarthy (NY) Fallin Marchant Thompson (PA) home state of New Jersey 8,000 jobs in the Camp Griffith McCollum Flake Marshall Thornberry automobile industry could be lost by the end Campbell Grijalva McCotter Fleming McCarthy (CA) Tiahrt Cao Guthrie McDermott of the year. Forbes McCaul Wamp Capito Gutierrez McGovern Fortenberry McClintock Westmoreland This legislation allows consumers to receive Capps Hall (NY) McHugh Foxx McHenry Wilson (SC) a voucher for $3,500 if they turn in their old Capuano Hall (TX) McIntyre Franks (AZ) McMorris Wittman car for a new automobile that is 4 miles per Cardoza Halvorson McKeon Gallegly Rodgers Wolf Carnahan Hare McMahon gallon more fuel efficient. Those who buy new Garrett (NJ) Mica Young (AK) Carney Harman McNerney Giffords Miller (FL) Young (FL) models that are 10 miles per gallon more fuel Carson (IN) Hastings (FL) Meek (FL) efficient would receive a $4,500 voucher. Cassidy Heinrich Meeks (NY) ANSWERED ‘‘PRESENT’’—2 Castle Higgins Melancon Buchanan Deal (GA) Owners of sport utility vehicles, pickup trucks Castor (FL) Hill Michaud or minivans that get 18 miles per gallon or Chandler Himes Miller (MI) NOT VOTING—15 less could receive a voucher for $3,500 if their Childers Hinchey Miller (NC) Bishop (UT) Lewis (GA) Sa´ nchez, Linda new truck or SUV is at least 2 miles per gallon Clarke Hinojosa Miller, Gary Bono Mack Loebsack T. Clay Hirono Miller, George Braley (IA) Mack Sessions higher than their old vehicle. The voucher Cleaver Hodes Minnick Conyers Putnam Sullivan would increase to $4,500 if the mileage of the Clyburn Hoekstra Mitchell Gonzalez Ruppersberger Whitfield new truck or SUV is at least 5 miles per gallon Coble Holden Mollohan Kennedy Cohen Holt Moore (KS) higher than the older vehicle. Connolly (VA) Honda Moore (WI) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Programs like the Cash for Clunkers Act Cooper Hoyer Moran (VA) The SPEAKER pro tempore (during have proven effective in increasing car pur- Costa Inslee Murphy (CT) the vote). Members have 2 minutes re- chases; Germany enacted a similar measure Costello Israel Murphy (NY) Courtney Jackson (IL) Murphy, Patrick maining in this vote. that increased car sales by more than 20 per- Crowley Jackson-Lee Murphy, Tim cent. I urge my colleagues to support this leg- Cuellar (TX) Murtha b 1707 islation that would spur our economy and de- Cummings Johnson (GA) Myrick Messrs. REHBERG, MARSHALL, Dahlkemper Johnson (IL) Nadler (NY) KIRK, ROONEY, DOGGETT, and crease dangerous greenhouse gas emissions. Davis (AL) Johnson, E. B. Napolitano Ms. SUTTON. Madam Speaker, I Davis (CA) Kagen Neal (MA) BARTLETT changed their vote from yield back the balance of my time. Davis (IL) Kanjorski Nye ‘‘yea’’ to ‘‘nay.’’

VerDate Nov 24 2008 05:21 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.022 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6357 Messrs. GINGREY of Georgia and Goodlatte Maloney Rohrabacher NOT VOTING—10 Gordon (TN) Manzullo Ros-Lehtinen Bono Mack Loebsack Sa´ nchez, Linda POE of Texas changed their vote from Granger Marchant Roskam Gonzalez T. ‘‘nay’’ to ‘‘yea.’’ Graves Markey (CO) Ross Mack Kennedy Sullivan Grayson Markey (MA) Rothman (NJ) Ruppersberger So (two-thirds being in the affirma- Lewis (GA) Whitfield tive) the rules were suspended and the Green, Al Marshall Roybal-Allard Green, Gene Massa Royce ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE bill was passed. Griffith Matheson Rush The result of the vote was announced Grijalva Matsui Ryan (OH) The SPEAKER pro tempore (during as above recorded. Guthrie McCarthy (CA) Ryan (WI) the vote). Members have less than 2 A motion to reconsider was laid on Gutierrez McCarthy (NY) Salazar minutes remaining in this vote. Hall (NY) McCaul Sanchez, Loretta the table. Hall (TX) McCollum Sarbanes b 1715 Stated for: Halvorson McCotter Scalise Mr. BRALEY of Iowa. Madam Speaker, on Hare McDermott Schakowsky So (two-thirds being in the affirma- rollcall No. 314, had I been present, I would Harman McGovern Schauer tive) the rules were suspended and the Harper McHenry Schiff bill, as amended, was passed. have voted ‘‘yea.’’ Hastings (FL) McHugh Schmidt Mr. PUTNAM. Madam Speaker, on rollcall Hastings (WA) McIntyre Schock The result of the vote was announced No. 314, I was unavoidably detained. Had I Heinrich McKeon Schrader as above recorded. been present, I would have vote ‘‘yea.’’ Heller McMahon Schwartz The title was amended so as to read: Hensarling McMorris Scott (GA) ‘‘A bill to require the Attorney General f Herger Rodgers Scott (VA) Herseth Sandlin McNerney Sensenbrenner to make competitive grants to eligible WITNESS SECURITY AND PROTEC- Higgins Meek (FL) Serrano State, tribal, and local governments to Hill Meeks (NY) Sessions establish and maintain certain protec- TION GRANT PROGRAM ACT OF Himes Melancon Sestak 2009 Hinchey Mica Shea-Porter tion and witness assistance pro- Hinojosa Michaud Sherman grams.’’. The SPEAKER pro tempore. The un- Hirono Miller (FL) Shimkus A motion to reconsider was laid on finished business is the vote on the mo- Hodes Miller (MI) Shuler the table. tion to suspend the rules and pass the Hoekstra Miller (NC) Shuster bill, H.R. 1741, as amended, on which Holden Miller, Gary Simpson f Holt Miller, George Sires the yeas and nays were ordered. Honda Minnick Skelton CONDEMNING THE MURDER OF DR. The Clerk read the title of the bill. Hoyer Mitchell Slaughter GEORGE TILLER The SPEAKER pro tempore. The Hunter Mollohan Smith (NE) Inslee Moore (KS) Smith (NJ) The SPEAKER pro tempore. The un- question is on the motion offered by Israel Moore (WI) Smith (TX) the gentleman from Georgia (Mr. JOHN- Issa Moran (KS) Smith (WA) finished business is the vote on the mo- SON) that the House suspend the rules Jackson (IL) Moran (VA) Snyder tion to suspend the rules and agree to and pass the bill, H.R. 1741, as amend- Jackson-Lee Murphy (CT) Souder the resolution, H. Res. 505, on which (TX) Murphy (NY) Space the yeas and nays were ordered. ed. Jenkins Murphy, Patrick Speier This is a 5-minute vote. Johnson (GA) Murphy, Tim Spratt The Clerk read the title of the resolu- The vote was taken by electronic de- Johnson (IL) Murtha Stark tion. vice, and there were—yeas 412, nays 11, Johnson, E. B. Myrick Stearns The SPEAKER pro tempore. The Johnson, Sam Nadler (NY) Stupak question is on the motion offered by not voting 10, as follows: Jones Napolitano Sutton [Roll No. 315] Jordan (OH) Neal (MA) Tanner the gentleman from New York (Mr. Kagen Neugebauer Tauscher NADLER) that the House suspend the YEAS—412 Kanjorski Nunes Taylor rules and agree to the resolution, H. Abercrombie Brown, Corrine Davis (AL) Kaptur Nye Teague Ackerman Brown-Waite, Davis (CA) Kildee Oberstar Terry Res. 505. Aderholt Ginny Davis (IL) Kilpatrick (MI) Obey Thompson (CA) This is a 5-minute vote. Adler (NJ) Buchanan Davis (KY) Kilroy Olson Thompson (MS) The vote was taken by electronic de- Akin Burton (IN) Davis (TN) Kind Olver Thompson (PA) vice, and there were—yeas 423, nays 0, Alexander Butterfield Deal (GA) King (IA) Ortiz Thornberry Altmire Buyer DeFazio King (NY) Pallone Tiahrt not voting 10, as follows: Andrews Calvert DeGette Kingston Pascrell Tiberi [Roll No. 316] Arcuri Camp Delahunt Kirk Pastor (AZ) Tierney YEAS—423 Austria Campbell DeLauro Kirkpatrick (AZ) Paulsen Titus Baca Cantor Dent Kissell Payne Tonko Abercrombie Boren Clarke Bachmann Cao Diaz-Balart, L. Klein (FL) Pence Towns Ackerman Boswell Clay Bachus Capito Diaz-Balart, M. Kline (MN) Perlmutter Tsongas Aderholt Boucher Cleaver Baird Capps Dicks Kosmas Perriello Turner Adler (NJ) Boustany Clyburn Baldwin Capuano Dingell Kratovil Peters Upton Akin Boyd Coble Barrett (SC) Cardoza Doggett Kucinich Peterson Van Hollen Alexander Brady (PA) Coffman (CO) Barrow Carnahan Donnelly (IN) Lamborn Petri Vela´ zquez Altmire Brady (TX) Cohen Bartlett Carney Doyle Lance Pingree (ME) Visclosky Andrews Braley (IA) Cole Barton (TX) Carson (IN) Dreier Langevin Pitts Walden Arcuri Bright Conaway Bean Carter Driehaus Larsen (WA) Platts Walz Austria Broun (GA) Connolly (VA) Becerra Cassidy Edwards (MD) Larson (CT) Poe (TX) Wamp Baca Brown (SC) Conyers Berkley Castle Edwards (TX) Latham Polis (CO) Wasserman Bachmann Brown, Corrine Cooper Berman Castor (FL) Ehlers LaTourette Pomeroy Schultz Bachus Brown-Waite, Costa Berry Chaffetz Ellison Latta Posey Waters Baird Ginny Costello Biggert Chandler Ellsworth Lee (CA) Price (GA) Watson Baldwin Buchanan Courtney Bilbray Childers Emerson Lee (NY) Price (NC) Watt Barrett (SC) Burgess Crenshaw Bilirakis Clarke Engel Levin Putnam Waxman Barrow Burton (IN) Crowley Bishop (GA) Clay Eshoo Lewis (CA) Quigley Weiner Bartlett Butterfield Cuellar Bishop (NY) Cleaver Etheridge Linder Radanovich Welch Barton (TX) Calvert Culberson Bishop (UT) Clyburn Fallin Lipinski Rahall Westmoreland Bean Camp Cummings Blackburn Coble Farr LoBiondo Rangel Wexler Becerra Campbell Dahlkemper Blumenauer Coffman (CO) Fattah Lofgren, Zoe Rehberg Wilson (OH) Berkley Cantor Davis (AL) Blunt Cohen Filner Lowey Reichert Wilson (SC) Berman Cao Davis (CA) Boccieri Cole Fleming Lucas Reyes Wittman Berry Capito Davis (IL) Boehner Conaway Forbes Luetkemeyer Richardson Wolf Biggert Capps Davis (KY) Bonner Connolly (VA) Fortenberry Luja´ n Rodriguez Woolsey Bilbray Capuano Davis (TN) Boozman Conyers Foster Lungren, Daniel Roe (TN) Wu Bilirakis Cardoza Deal (GA) Boren Cooper Frank (MA) E. Rogers (AL) Yarmuth Bishop (GA) Carnahan DeFazio Boswell Costa Franks (AZ) Lynch Rogers (KY) Young (AK) Bishop (NY) Carney DeGette Boucher Costello Frelinghuysen Maffei Rogers (MI) Young (FL) Bishop (UT) Carson (IN) Delahunt Boustany Courtney Fudge Blackburn Carter DeLauro Boyd Crenshaw Gallegly NAYS—11 Blumenauer Cassidy Dent Brady (PA) Crowley Garrett (NJ) Blunt Castle Diaz-Balart, L. Brady (TX) Cuellar Gerlach Broun (GA) Foxx Paul Boccieri Castor (FL) Diaz-Balart, M. Braley (IA) Culberson Giffords Burgess Inglis Rooney Boehner Chaffetz Dicks Bright Cummings Gingrey (GA) Duncan Lummis Shadegg Bonner Chandler Dingell Brown (SC) Dahlkemper Gohmert Flake McClintock Boozman Childers Doggett

VerDate Nov 24 2008 03:52 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.086 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6358 CONGRESSIONAL RECORD — HOUSE June 9, 2009 Donnelly (IN) Kline (MN) Petri Wasserman Welch Wolf cating and recovering missing and exploited Doyle Kosmas Pingree (ME) Schultz Westmoreland Woolsey children, both nationally and internation- Dreier Kratovil Pitts Waters Wexler Wu ally; Watson Whitfield Driehaus Kucinich Platts Yarmuth Whereas NCMEC offers technical assist- Duncan Lamborn Poe (TX) Watt Wilson (OH) Young (AK) ance and training to law enforcement in Edwards (MD) Lance Polis (CO) Waxman Wilson (SC) Young (FL) Edwards (TX) Langevin Pomeroy Weiner Wittman identifying and locating non-compliant sex Ehlers Larsen (WA) Posey offenders; Ellison Larson (CT) Price (GA) NOT VOTING—10 Whereas NCMEC has a team of forensic Ellsworth Latham Price (NC) Bono Mack Lewis (GA) Sa´ nchez, Linda artists who create age progression photos, Emerson LaTourette Putnam Buyer Loebsack T. which has assisted in the successful recovery Engel Latta Quigley Gonzalez Mack Sullivan of 895 children; Kennedy Ruppersberger Eshoo Lee (CA) Radanovich Whereas NCMEC CyberTipline has handled Etheridge Lee (NY) Rahall Fallin Levin Rangel ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE more than 686,000 reports; Farr Lewis (CA) Rehberg The SPEAKER pro tempore (during Whereas NCMEC’s Child Victim Identifica- Fattah Linder Reichert the vote). Members have 2 minutes re- tion Program has reviewed and analyzed Filner Lipinski Reyes maining in this vote. 23,000,000 child pornography images and vid- Flake LoBiondo Richardson eos, 8,600,000 in 2008 alone; Fleming Lofgren, Zoe Rodriguez b 1722 Whereas NCMEC’s sex offender tracking Forbes Lowey Roe (TN) team has already located 402 missing sex of- Fortenberry Lucas Rogers (AL) So (two-thirds being in the affirma- fenders; Foster Luetkemeyer Rogers (KY) Foxx Luja´ n Rogers (MI) tive), the rules were suspended and the Whereas NCMEC operates a child victim Frank (MA) Lummis Rohrabacher resolution was agreed to. identification program to assist law enforce- Franks (AZ) Lungren, Daniel Rooney The result of the vote was announced ment in identifying victims of child pornog- Frelinghuysen E. Ros-Lehtinen as above recorded. raphy; Fudge Lynch Roskam Whereas NCMEC develops and dissemi- Gallegly Maffei Ross A motion to reconsider was laid on the table. nates programs and information about Inter- Garrett (NJ) Maloney Rothman (NJ) net safety and the prevention of child abduc- Gerlach Manzullo Roybal-Allard Giffords Marchant Royce f tion and sexual exploitation; Gingrey (GA) Markey (CO) Rush Whereas NCMEC facilitates the deploy- Gohmert Markey (MA) Ryan (OH) MESSAGE FROM THE PRESIDENT ment of the National Emergency Child Loca- Goodlatte Marshall Ryan (WI) A message in writing from the Presi- tor Center during periods of national disas- Gordon (TN) Massa Salazar dent of the United States was commu- ters; and Granger Matheson Sanchez, Loretta nicated to the House by Mrs. Wanda Whereas NCMEC deploys Team Adam, a Graves Matsui Sarbanes rapid response and support system comprised Grayson McCarthy (CA) Scalise Evans, one of his secretaries. of retired law enforcement officers, to pro- Green, Al McCarthy (NY) Schakowsky Green, Gene McCaul Schauer f vide on-site technical assistance to local law Griffith McClintock Schiff enforcement agencies investigating cases of Grijalva McCollum Schmidt RECOGNIZING 25TH ANNIVERSARY child abduction and sexual exploitation: Guthrie McCotter Schock OF NATIONAL CENTER FOR Now, therefore, be it Gutierrez McDermott Schrader MISSING AND EXPLOITED CHIL- Resolved, That the House of Representa- Hall (NY) McGovern Schwartz DREN tives recognizes the 25th anniversary of the Hall (TX) McHenry Scott (GA) National Center for Missing and Exploited Halvorson McHugh Scott (VA) Mr. TONKO. Madam Speaker, I move Children. Hare McIntyre Sensenbrenner to suspend the rules and agree to the Harman McKeon Serrano The SPEAKER pro tempore (Mrs. Harper McMahon Sessions resolution (H. Res. 454) recognizing the KIRKPATRICK of Arizona). Pursuant to Hastings (FL) McMorris Sestak 25th anniversary of the National Cen- the rule, the gentleman from New York Hastings (WA) Rodgers Shadegg ter for Missing and Exploited Children. ONKO Heinrich McNerney Shea-Porter (Mr. T ) and the gentleman from Heller Meek (FL) Sherman The Clerk read the title of the resolu- Pennsylvania (Mr. PLATTS) each will Hensarling Meeks (NY) Shimkus tion. control 20 minutes. Herger Melancon Shuler The text of the resolution is as fol- The Chair recognizes the gentleman Herseth Sandlin Mica Shuster lows: Higgins Michaud Simpson from New York. Hill Miller (FL) Sires H. RES. 454 GENERAL LEAVE Himes Miller (MI) Skelton Whereas an estimated 800,000 children are Mr. TONKO. Madam Speaker, I re- Hinchey Miller (NC) Slaughter reported missing each year in the United quest 5 legislative days during which Hinojosa Miller, Gary Smith (NE) Hirono Miller, George Smith (NJ) States; Members may revise and extend their Hodes Minnick Smith (TX) Whereas 200,000 of that number are ab- remarks and insert extraneous mate- Hoekstra Mitchell Smith (WA) ducted by family members, and 58,000 are ab- rial on H. Res. 454. Holden Mollohan Snyder ducted by non-family members, for which The SPEAKER pro tempore. Is there Holt Moore (KS) Souder the primary motive is sexual assault; objection to the request of the gen- Honda Moore (WI) Space Whereas each year 115 children are the vic- Hoyer Moran (KS) Speier tims of the most serious abductions, kid- tleman from New York? Hunter Moran (VA) Spratt napped by non-family members and either There was no objection. Inglis Murphy (CT) Stark Mr. TONKO. Madam Speaker, I yield Inslee Murphy (NY) Stearns ransomed, murdered, or taken with the in- Israel Murphy, Patrick Stupak tent to keep; myself such time as I may consume. Issa Murphy, Tim Sutton Whereas the National Center for Missing & Madam Speaker, I rise today in sup- Jackson (IL) Murtha Tanner Exploited Children (NCMEC) serves as the port of House Resolution 454, which Jackson-Lee Myrick Tauscher national resource center and information recognizes the 25th anniversary of the (TX) Nadler (NY) Taylor clearinghouse for missing and exploited chil- Jenkins Napolitano Teague National Center For Missing and Ex- Johnson (GA) Neal (MA) Terry dren; ploited Children. The NCMEC serves as Johnson (IL) Neugebauer Thompson (CA) Whereas NCMEC was established by Con- the national resource center for miss- gress in 1984; Johnson, E. B. Nunes Thompson (MS) ing and exploited children. Johnson, Sam Nye Thompson (PA) Whereas NCMEC has assisted law enforce- Jones Oberstar Thornberry ment in the recovery of more than 138,500 It is estimated that 800,000 children Jordan (OH) Obey Tiahrt children; are reported missing every year in the Kagen Olson Tiberi Whereas NCMEC’s Amber Alert program United States. Two hundred thousand Kanjorski Olver Tierney Kaptur Ortiz Titus has led to 443 recoveries; of that number are abducted by family Kildee Pallone Tonko Whereas in 2008, NCMEC helped recover members, and 58,000 are abducted by Kilpatrick (MI) Pascrell Towns more children than any other year in the or- nonfamily members, for which the pri- Kilroy Pastor (AZ) Tsongas ganization’s 25-year history, raising the re- mary motive is sexual assault. It is Kind Paul Turner covery rate from 62 percent in 1990 to 97 per- with great sadness that this national King (IA) Paulsen Upton cent today; King (NY) Payne Van Hollen Whereas NCMEC operates the toll-free 24- tragedy continues year after year. Kingston Pence Vela´ zquez hour national missing children’s hotline, We recognize today the National Cen- Kirk Perlmutter Visclosky ter’s persistent efforts in reuniting Kirkpatrick (AZ) Perriello Walden which has handled more than 2,377,000 calls; Kissell Peters Walz Whereas NCMEC provides assistance to families and stopping the abuse and ex- Klein (FL) Peterson Wamp families and law enforcement agencies in lo- ploitation of our children. During its

VerDate Nov 24 2008 03:52 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.025 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6359 25-year history, the organization has lice to enter information about missing BIGGERT, BART STUPAK, ZOE LOFGREN assisted in the recovery of more than children into the FBI’s national crime and FRANK WOLF. 138,000 children. NCMEC’s Amber Alert computer. Today, thanks to the work I urge my colleagues to support this Program alone has led to 443 recov- of the National Center for Missing and resolution. eries. NCMEC’s efforts have led to a Exploited Children, this is no longer Mr. TONKO. Does the gentleman rise in the recovery rate of missing the case. from Pennsylvania have any further children from 62 percent in 1990 to 97 Each year, approximately 800,000 speakers? percent today. American children are reported miss- Mr. PLATTS. Madam Speaker, yes, I The organization offers assistance ing. When a child is missing, the Na- do. I have at least two additional and training to law enforcement tional Center for Missing and Exploited speakers. around the country in identifying and Children works tirelessly alongside Mr. TONKO. Madam Speaker, I re- locating missing and exploited chil- families and law enforcement agencies serve my time. Mr. PLATTS. Madam Speaker, I dren, as well as non-compliant sex of- in locating, finding, and recovering the yield 5 minutes to the distinguished fenders. NCMEC also actively combats children and bringing them home to gentleman from California (Mr. children’s pornography by reviewing their parents. OYCE). Many people may be familiar with R millions of images and videos in a na- Mr. ROYCE. Madam Speaker, I rise John Walsh from his TV show Amer- tional effort to identify victims of to support this resolution. I think, in ica’s Most Wanted, but they may not child pornography and the perpetrators recognizing the National Center for realize the tragic events that led to his behind these heinous crimes. Missing and Exploited Children here on advocating on behalf of children and Madam Speaker, NCMEC acts as the its 25th anniversary, it is time for us to his work with America’s Most Wanted. ultimate advocate for our Nation’s reflect on just what a role it played in In 1981, Adam Walsh, son of John and most vulnerable individuals. The orga- terms of increasing the recovery rate Reve Walsh, was abducted from a toy nization sends a message to parents over time of missing children. around the country that our Nation department store in Florida at a shop- If you think about the last 25 years will never abandon its search for the ping mall. Two weeks later, fishermen and the fact that 138,000 missing chil- thousands of children missing at any found Adam’s decapitated head. They dren have been recovered, returned to given moment. It is important to rec- never found his body. He was 6 years their families, but that in the early ognize that for the individuals at the old. years that rate ran at 62 percent and Last year, after 27 years of not know- NCMEC, the mission is never quite now that rate is up to 97 percent, you ing who killed their son, police an- complete. begin to get an appreciation for just nounced that Adam’s murderer was a what the National Center for Missing b 1730 serial killer who had died a decade ear- and Exploited Children were able to do On May 25th of 2009, we recognize the lier while serving five life sentences in for humanity, for these children, for 27th National Missing Children’s Day. prison. Ottis Toole was his killer’s The day marks the anniversary of the these families. name, and although we know this As mentioned, it was officially disappearance of 6-year-old Etan Patz. knowledge did not take away the opened in June of 1984 by President For nearly three decades, the search Walshes’ pain, we hope that it gave Ronald Reagan, and since its inception, for Etan and many other children has them some peace of mind and a sense of it has become the leading organization continued as part of the persistent ef- justice. worldwide dealing with the issue of forts of the NCMEC. Even during the years of unanswered missing and exploited kids. Madam Speaker, once again I express questions, John Walsh turned his loss I’ve been pleased to support many of my support for the center, and I thank into advocating on behalf of children. the initiatives that it’s worked for, in- Representative POE for bringing this He helped fight for the passage of the cluding: resolution to the floor. I urge my col- important Federal legislation, such as The Jacob Wetterling Crimes Against leagues to support this resolution. the Missing Children’s Act of 1982 and Children Registration Act, which was I reserve the balance of my time. the Missing Children’s Assistance Act in 1994, and it mandated that sex of- Mr. PLATTS. Madam Speaker, I of 1984. fender registries be established in yield myself such time as I may con- The Missing Children’s Assistance every State; sume. Act of 1984 established a national re- Megan’s Law of 1996, which mandated Madam Speaker, I rise in strong sup- source center and a clearinghouse for that every State provide community port of this resolution, which seeks to missing and exploited children, thus notification when dangerous sex of- pay tribute and recognize the impor- creating the National Center for Miss- fenders are released, was driven by the tant work of the National Center for ing and Exploited Children. President push from the National Center for Missing and Exploited Children. Reagan officially opened the National Missing and Exploited Children; I am honored to yield such time as he Center for Missing and Exploited Chil- The PROTECT Act of 2003, which cre- may consume to the sponsor of this im- dren on June 13, 1984. Twenty-five ated a national AMBER Alert Program portant resolution, the gentleman from years later, we thank John Walsh for and strengthened law enforcement’s Texas (Mr. POE). his pioneer efforts and recognize the ability to punish violent criminals who Mr. POE of Texas. Madam Speaker, I center for their work on behalf of prey upon children; appreciate the gentleman from Penn- America’s children. And, of course, the Adam Walsh Child sylvania yielding and the support of We celebrate today that, since 1990, Protection and Safety Act of 2006, the gentleman from New York. the National Center for Missing and which created a national sex offender I’m proud to sponsor H. Res. 454, Exploited Children’s recovery rate of public database. And it’s because of which recognizes the 25th anniversary missing children has increased from 62 that work over the years that that rate of the National Center for Missing and percent to 97 percent. Many children is up to 97 percent today. Exploited Children. owe their rescue to the center, and Now, despite all that’s been accom- As founder and co-Chair of the Vic- many parents are grateful for the re- plished, I’m sure there is much more tims’ Rights Caucus, along with my turn of their kids, thanks to the Na- that can be done, should be done. I con- friend from California, Mr. COSTA, I am tional Center for Missing and Exploited gratulate the NCMEC for its 25th anni- thankful for the work that the Na- Children. versary. I congratulate it for its work tional Center for Missing and Exploited This legislation is sponsored by both on behalf of so many child recoveries Children does to protect the Nation’s the Victims’ Rights Caucus and the to date. children. Caucus for Missing and Exploited and And let this resolution remind us At the time the Center was founded Runaway Children. I would like to that there is nothing more important 25 years ago, there were little or no re- thank my friend and fellow co-Chair of than the safety of our Nation’s chil- sources available to assist law enforce- the Victims’ Rights Caucus, JIM COSTA, dren, and that the National Center for ment with the cases of missing chil- and the co-Chairs of the Missing and Missing and Exploited Children has dren. In fact, there was no way for po- Exploited Children’s Caucus, JUDY done such great work in this regard.

VerDate Nov 24 2008 03:52 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.093 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6360 CONGRESSIONAL RECORD — HOUSE June 9, 2009 Mr. TONKO. Madam Speaker, I con- you know that a child is missing, the locating and recovering missing and exploited tinue to reserve the balance of my better the chances are of being able to children, both nationally and internationally. time. find that child. The sooner you have NCMEC offers many services, including a Mr. PLATTS. Madam Speaker, I am law enforcement involved, along with 24-hour call center. NCMEC’s toll-free national honored to yield to the distinguished the communities, the better the hotline, 1-800-THE-LOST, has handled more gentleman from California (Mr. DANIEL chances are that you will have a suc- than 2.3 million calls. E. LUNGREN), who played an important cessful recovery of that child and a NCMEC also manages a distribution system role in the foundation and formation of successful reuniting of that family. for missing-child photos; a system of case the National Center for Missing and So I hope people understand why we management and technical assistance for law Exploited Children in 1984, as much celebrate the 25th anniversary of the enforcement and families; training programs time as he may consume. National Center for Missing and Ex- for Federal, State and local law enforcement; Mr. DANIEL E. LUNGREN of Cali- ploited Children and that it has been and programs designed to help stop the sex- fornia. Madam Speaker, it is hard to the result of thousands upon thousands ual exploitation of children. believe that it was 25 years ago that of people working for this effort. NCMEC is the only private, non-profit orga- this Congress worked to facilitate the Had it not been for a single couple, nization that combines these resources to pro- establishment of the National Center the Walshes, who, out of tragedy, de- vide support to law enforcement, state clear- for Missing and Exploited Children. cided to make something positive, had inghouses, and parents working to find miss- I recall being on the subcommittee of it not been for them coming here to the ing children. the Judiciary Committee when John Congress and insisting that we look at I stand in support of this resolution recog- Walsh and his wife testified before us. this issue and insisting that there was nizing the 25th Anniversary of the National It was at a time when they did not something that can be done and insist- Center for Missing and Exploited Children. I know who had murdered their child. ing that just because we used to do it ask for my colleagues’ support. It was at a time in this country the old way was no reason or no excuse I yield back the balance of my time. where we specifically prohibited the for not trying to do something dif- Mr. TONKO. Madam Speaker, the use of the FBI in attempting to partici- ferent, had it not been for them, we resolution before the House, H. Res. pate in any activities to try and find would not be celebrating the 25th anni- 454, recognizing the 25th Anniversary missing children. We had a statutory versary, nor would we be celebrating of the National Center for Missing and delay for any participation by the FBI. the thousands upon thousands of suc- Exploited Children, is one that obvi- There was a lack of coordination that cessful reunitings that have taken ously brings with it many happy was not only in existence, but was pro- place around this country. endings for at least 138,000 families. moted by law at that time. So this is a wonderful recognition of And while not all of the stories are And I recall, after John Walsh and the center, but I hope it will also be a those happy endings, the center has his wife testified before us, the shrug- tremendous recognition of the con- provided itself as a resource, as a net- ging of shoulders by some who basi- tributions made by two wonderful work that has devoted itself to the re- cally had to tell the Walshes that there Americans, the Walshes. connection of our youth to their fami- was nothing that we could do here on Mr. TONKO. Madam Speaker, I con- lies. And so, with that outstanding the Federal level. tinue to reserve the balance of my record and with the concerns for miss- John Walsh and his wife did not take time. ing children still alive and haunting us that as an answer. They spoke to many Mr. PLATTS. Madam Speaker, I, as a society, I strongly encourage a of us here in the Chamber, but actually again, urge a ‘‘yes’’ vote in support of ‘‘yes’’ vote on the resolution. those of us on the subcommittee and this important resolution and com- I yield back my remaining time, committee at that time, and chal- mend Mr. POE for his sponsorship, as Madam Speaker. lenged us to try and find a way to well as Mr. LUNGREN for his important The SPEAKER pro tempore. The make it possible that we could have a work in the foundation of the National question is on the motion offered by seamless web between the Federal Gov- Center for Missing and Exploited Chil- the gentleman from New York (Mr. ernment, the State government and dren. TONKO) that the House suspend the local government when the question Madam Speaker, I rise today in support of rules and agree to the resolution, H. was a missing child. And the strength House Resolution 454, recognizing the 25th Res. 454. and persistence of that couple, com- anniversary of the National Center for Missing The question was taken. bined with others who joined them and Exploited Children. The SPEAKER pro tempore. In the around the country was extraordinary In 1979, while on his way to school, 6-year- opinion of the Chair, two-thirds being at that time. old Etan Patz disappeared from the streets of in the affirmative, the ayes have it. It seems so commonplace now for us New York City. In 1981, 6-year-old Adam Mr. PLATTS. Madam Speaker, on to talk about the 25th anniversary of Walsh disappeared from a Florida shopping that I demand the yeas and nays. the National Center for Missing and mall. The media attention and search efforts The yeas and nays were ordered. Exploited Children. It seems so com- that resulted from these two cases focused The SPEAKER pro tempore. Pursu- monplace for us to talk about hundreds the nation’s attention on the problem of child ant to clause 8 of rule XX and the of thousands of children being reported abduction and the need for a coordinated ef- Chair’s prior announcement, further missing yearly, and the fact that there fort to address this problem. proceedings on this motion will be was almost a collective shrug of the The National Center for Missing and Ex- postponed. shoulder at that time saying, it is a ploited Children, NCMEC, as it is called in ac- terrible tragedy, but there’s nothing ronym, was created by Congress in 1984, f we can do about it. through the Missing Children’s Assistance Act. b 1745 It seems so commonplace now that NCMEC works in partnership with the U.S. when a child is missing, with all of the Department of Justice and is the nation’s re- CONGRATULATING AIRCRAFT various laws that have followed after source center and clearinghouse for informa- OWNERS AND PILOTS ASSOCIA- the creation of the National Center for tion on missing and exploited children. Since TION ON ITS 70TH ANNIVERSARY Missing and Exploited Children, that 1984, NCMEC has assisted law enforcement Mr. BOCCIERI. Madam Speaker, I almost instantaneously you have law with more than 154,000 missing child cases, move to suspend the rules and agree to enforcement across the board commu- resulting in the recovery of more than 138,000 the resolution (H. Res. 472) congratu- nicating with one another and creating children. lating and saluting the seventieth an- a mechanism by which there can be the NCMEC’s mission includes helping to pre- niversary of the Aircraft Owners and exchange of information and the en- vent child abduction and sexual exploitation; Pilots Association (AOPA) and their couragement of the exchange of infor- helping to find missing children; and assisting dedication to general aviation, safety mation so that we can find these chil- victims of child abduction and sexual exploi- and the important contribution general dren. tation, their families, and the professionals aviation provides to the United States. One thing we knew 25 years ago, and who serve them. NCMEC provides assistance The Clerk read the title of the resolu- it remains the same today, the sooner to families and law enforcement agencies in tion.

VerDate Nov 24 2008 03:52 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.096 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6361 The text of the resolution is as Owners and Pilots Association and for flying that has led to so many U.S. com- follows: their dedication to the general avia- mercial airline pilot careers. H. RES. 472 tion, safety, and the important con- I support the adoption of the resolution. Whereas the Aircraft Owners and Pilots tribution that general aviation pro- I yield such time as he may consume Association (AOPA) was formed 70 years ago, vides to the United States of America. to the author of the resolution, Rep- in May 1939, on the eve of World War II; AOPA was incorporated on May 15, resentative CHARLES DENT. Whereas the AOPA is committed to im- 1939, as a nonprofit organization dedi- Mr. DENT. Thank you, Congressman proving general aviation safety; cated to general aviation. AOPA rep- PETRI, for your part of this legislation. Whereas the AOPA created the AOPA Air resents more than 414,000 members, On May 15, 2009, the Aircraft Owners Safety Foundation, the only organization which is about 70 percent of all United and Pilots Association, or AOPA, cele- dedicated solely to that end, nearly 60 years brated its 70th anniversary. Since its ago; States pilots. In 1950, AOPA created Whereas the AOPA represents more than the Air Safety Foundation, which pro- inception on the eve of the Second 415,000 members, or 7 out of every 10 pilots in vides general aviation pilots with World War, AOPA has grown to be one the United States; training, education, and research on in- of the strongest voices for general avia- Whereas the AOPA has, for 7 decades, pro- formation and safety that are impor- tion in the United States. vided those pilots with education, informa- tant to all pilots. Throughout its rich history, AOPA tion, and advocacy at all levels of govern- AOPA was a leading advocate in the has developed and maintained close ment; General Aviation Revitalization Act of working relationships with Federal Whereas the AOPA was among the earliest 1994 which led to the recovery of the Government agencies including the De- proponents of civilian use of the Global Posi- partment of Transportation, Depart- tioning Satellite System, setting the stage U.S. general aviation and light aircraft for development of the Next Generation Air manufacturing industry. In recent ment of Homeland Security, Federal Transportation System; years, AOPA has been active on many Aviation Administration, and the Whereas the AOPA was a leading advocate general aviation issues such as global Transportation Security Administra- of the General Aviation Revitalization Act of positioning navigation, flight service tion. By working closely with these 1994, which led to the recovery of the United station modernization, FAA reauthor- agencies, AOPA has helped us create States general aviation light aircraft manu- ization, and the Next Generation Air the safest and most efficient aviation facturing industry, a major United States Transportation System, known as system in the world. export and a plus on the trade balance sheet; For the last 7 years, AOPA has also Whereas the AOPA has developed and NextGen. maintained close working relationships with House Resolution 472 congratulates fostered a dynamic relationship with agencies of the Federal Government, espe- and salutes the 70th anniversary of Congress, and specifically the members cially the Department of Transportation, the AOPA and its dedication to general of the Committee on Transportation Department of Homeland Security, the Fed- aviation, safety, and the important and Infrastructure on which I serve. eral Aviation Administration, and the Trans- contribution made by all aviators to The association’s first political activ- portation Security Administration; and the United States. In addition, the res- ity was to urge the U.S. Senate to pass Whereas those relationships have allowed olution commends AOPA for creating legislation establishing the civilian the public and private sectors to address var- pilot training program which allows ious issues of legitimate concern to the Fed- the Air Safety Foundation, leading the eral government in ways that impose the recovery of general aviation of light thousands of American pilots to gain least possible burden on general aviation pi- aircraft in the manufacturing industry their certification through Federal lots and aircraft owners: Now, therefore, be and setting the stage for the develop- Government support. Decades later, it ment of NextGen. AOPA remains a key actor in the de- Resolved, That the House of Representa- For these reasons and others, I urge velopment in our Nation’s aviation pol- tives— my colleagues to support House Reso- icy having played a vital role in the (1) congratulates and salutes the Aircraft lution 472. crafting and passage of this year’s FAA Owners and Pilots Association (AOPA) for I reserve the balance of my time. Reauthorization Act. celebrating its 70th anniversary; (2) commends the AOPA for creating the Mr. PETRI. Madam Speaker, I rise in Today, AOPA’s membership exceeds AOPA Air Safety Foundation nearly 60 years support of House Resolution 472. I’m a 400,000, including seven out of every 10 ago to improve general aviation safety; cosponsor of the resolution introduced pilots in this Nation. I’m confident (3) commends the AOPA for helping lead by my colleague, Mr. DENT of Pennsyl- every Member of Congress currently the recovery of the United States general vania, congratulating the Aircraft has a valuable relationship with the aviation light aircraft manufacturing indus- Owners and Pilots Association on the general aviation pilots flying in their try; and organization’s 70th anniversary. districts. (4) commends the AOPA for setting the Madam Speaker, I rise in support of House On a personal note, AOPA members stage for development of the Next Genera- from the Lehigh Valley area serve on tion Air Transportation System. Resolution 472. I am a cosponsor of the reso- lution introduced by Mr. DENT congratulating my aviation advisory board proved to The SPEAKER pro tempore. Pursu- the Aircraft Owners and Pilots Association be some of the most informed and in- ant to the rule, the gentleman from (AOPA) on the organization’s 70th anniver- fluential participants. Their expertise Ohio (Mr. BOCCIERI) and the gentleman sary. has truly been a great resource for me from Wisconsin (Mr. PETRI) each will For decades, AOPA has provided important as I serve on the Transportation and control 20 minutes. safety information to pilots all over the country, Infrastructure Committee and the The Chair recognizes the gentleman making it a valuable safety partner with the Aviation Subcommittee. from Ohio. FAA and the House Transportation Com- Madam Speaker, I believe the pas- GENERAL LEAVE mittee. sage of this resolution congratulating Mr. BOCCIERI. Madam Speaker, I In addition, AOPA continues to perform an AOPA on its 70 years of service is a fit- ask unanimous consent that all Mem- advocacy function for pilots and aircraft own- ting way to salute the many pilots who bers may have 5 legislative days within ers providing a helpful voice both at the FAA help make our aviation system the which to revise and extend their re- and here in Congress. Representing roughly safest and most efficient in the world. marks and to include extraneous mate- 415,000 pilots and aircraft owners, AOPA has And at this time I would like to en- rial on House Resolution 472. been a valuable stakeholder helping to shape courage everybody to support this leg- The SPEAKER pro tempore. Is there policy solutions to safety issues facing the islation and urge its adoption. objection to the request of the gen- general aviation industry. Mr. PETRI. At this time, Madam tleman from Ohio? Finally, in representing pilots and aircraft Speaker, I yield as much time as he There was no objection. owners, AOPA represents a general aviation may consume to my colleague from Mr. BOCCIERI. Madam Speaker, I industry that is critical to our nation’s econ- Michigan, VERN EHLERS. yield myself such time as I may con- omy. The manufacturing of general aviation Mr. EHLERS. I thank the gentleman sume. aircraft as well as the maintenance and oper- for yielding. I rise today in support of House Reso- ation of general aviation aircraft supports As a student pilot, and as the co- lution 472, congratulating and saluting 1,265,000 high-quality jobs here in the United chairman of the House General Avia- the 70th anniversary of the Aircraft States. General aviation also inspires the love tion Caucus, as well as a proud member

VerDate Nov 24 2008 03:52 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.100 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6362 CONGRESSIONAL RECORD — HOUSE June 9, 2009 of the Aircraft Owners and Pilots Asso- gress have worked hard to educate the sential services, and affords businesses the ciation, I rise in strong support of H. public and spread the word about the flexibility and mobility that they require. Many Res. 472, honoring the Aircraft Owners importance of general aviation to our industries and public services depend on GA and Pilots Association on their 70th economy and our transportation sys- to be successful and efficient, including emer- anniversary. tem. gency medicine, firefighting, news services, Since 1939, AOPA has effectively rep- Every private pilot is passionate energy exploration, and farming. resented the general aviation commu- about flying, and the AOPA is the or- I urge my colleagues to join me in sup- nity at the local, State, and Federal ganization they rely on to stay abreast porting H. Res. 472. levels. With a membership of more of current political events and aviation Mr. PETRI. Madam Speaker, I have than 415,000—or two-thirds of all of the events and to advocate on their behalf. no further requests for time. I urge pilots in the United States—AOPA is I congratulate the AOPA on this his- passage of the bill, and I yield back the the largest and one of the most influen- toric anniversary, and I wish them con- balance of my time. tial aviation associations in the world. tinued success, and I look forward to Mr. BOCCIERI. Madam Speaker, the I have been a member for a number of celebrating future anniversaries with swift passage of this bill is very impor- years. them as well. And I hope by then, I am tant. General aviation is a catch-all cat- able to fly more often than I am while I yield back my time as well. The SPEAKER pro tempore. The egory that includes all nonscheduled, I’m in the Congress. question is on the motion offered by all nonmilitary aviation. There are Mr. BOCCIERI. Madam Speaker, I the gentleman from Ohio (Mr. more than 230,000 general aviation air- yield myself such time as I may con- BOCCIERI) that the House suspend the craft in the United States, which use sume. rules and agree to the resolution, H. nearly 19,000 small and regional air- I would like to commend the gen- Res. 472. tleman from Pennsylvania for his ef- ports. These airports help connect peo- The question was taken; and (two- forts to promote general aviation. It’s ple and industries that do not always thirds being in the affirmative) the have easy access to our commercial very clear, having, myself, several clas- rules were suspended and the resolu- airports. sifications as a multiengine commer- tion was agreed to. Recently, general aviation has come cial instrument single engineer, that A motion to reconsider was laid on under attack by the media and those general aviation needs to do all it can the table. that view general aviation as a cor- to promote and respond to the needs of f porate indulgence or an expensive toy its pilots—in particular, training of the used exclusively by the wealthy. That pilots. It is very important that we rec- FEDERAL BUILD- is simply not true. Actually, the fact is ognize the significance of this organi- ING AND UNITED STATES that companies that utilize general zation and what it means to general COURTHOUSE aviation are more productive and, thus, aviation. Mr. BOCCIERI. Madam Speaker, I more competitive. I concur with the remarks of the move to suspend the rules and pass the I can give two examples from my ranking member and also concur with bill (H.R. 1687) to designate the Federal hometown of Grand Rapids, Michigan. the gentleman and his remarks with building and United States courthouse Recently, I was talking to a business- respect to the importance of this bill. located at McKinley Avenue and Third man there. He’s a contractor. He’s I reserve the balance of my time. Street, SW., Canton, Ohio, as the built a number of buildings. They’ve Mr. OBERSTAR. Madam Speaker, I rise in ‘‘Ralph Regula Federal Building and decided to expand into the Upper Pe- support of this legislation, H. Res. 472, intro- United States Courthouse,’’ as amend- ninsula of Michigan and into Canada. duced by the gentleman from Pennsylvania ed. As you know, Michigan is surrounded (Mr. DENT), which congratulates and salutes The Clerk read the title of the bill. by the Great Lakes so it’s very hard to the 70th anniversary of the Aircraft Owners The text of the bill is as follows: get from point A to point B quickly. and Pilots Association (AOPA) and its dedica- H.R. 1687 However, they bought an airplane, and tion to general aviation (GA), safety, and the Be it enacted by the Senate and House of Rep- they were able to zip easily from the important contribution that GA provides to the resentatives of the United States of America in Grand Rapids headquarters to all the United States. The resolution also commends Congress assembled, work sites in Canada and in the Upper AOPA for: creating the Air Safety Foundation, SECTION 1. RALPH REGULA FEDERAL BUILDING AND UNITED STATES COURTHOUSE. Peninsula of Michigan. More often leading the recovery of the GA light aircraft (a) DESIGNATION.—The Administrator of Gen- than not, these airplanes pay for them- manufacturing industry, and setting the stage eral Services shall ensure that the federally oc- selves. for the development of the Next Generation cupied building located at McKinley Avenue I have another businessman in Grand Air Transportation System by being an early and Third Street, SW., Canton, Ohio, is known Rapids who told me that his airplane proponent of the civilian use of the Global Po- and designated as the ‘‘Ralph Regula Federal saved him a considerable amount of sitioning System. I thank Representative DENT Building and United States Courthouse’’. money because when his executives for his leadership on this measure. (b) REFERENCES.—With respect to the period went to visit his plants scattered AOPA was incorporated on May 15, 1939, in which the building referred to in subsection (a) is federally occupied, any reference in a law, around the U.S.—most of them in for- as a non-profit organization dedicated to GA. map, regulation, document, paper, or other ests because he’s in the lumbering busi- Since then, the organization has been a lead- record of the United States to that building ness and he has 30-some businesses ing advocate for GA pilots and now represents shall be deemed to be a reference to the ‘‘Ralph around the country—it takes at least about 415,000 members. AOPA has also pro- Regula Federal Building and United States one person one day to get to any of vided GA pilots with valuable safety education Courthouse’’. these sites using commercial aviation and training through the Air Safety Founda- The SPEAKER pro tempore. Pursu- because they have to go to a major tion, which was created in 1950. The Air Safe- ant to the rule, the gentleman from commercial airport, rent a car and ty Foundation is the largest non-profit organi- Ohio (Mr. BOCCIERI) and the gentleman drive 30, 40 miles into the forest to zation dedicated solely to GA safety. from Florida (Mr. MARIO DIAZ-BALART) their site. But with their own private AOPA was a primary supporter of the Gen- each will control 20 minutes. airplane, they could usually land with- eral Aviation Revitalization Act (GARA) of The Chair recognizes the gentleman in a few miles. They can complete 1994. The GA industry boomed following the from Ohio. three business visits in 1 day instead of passage of GARA, which placed fair and rea- GENERAL LEAVE one. sonable limitations on the time period during Mr. BOCCIERI. Madam Speaker, I So, as they say, these airplanes pay which a manufacturer would be legally liable ask unanimous consent that all Mem- for themselves. for aircraft defects. bers may have 5 legislative days within In addition, most of the private pi- I congratulate AOPA for working to support which to revise and extend their re- lots I know are not rich but middle GA over the past 70 years. GA stimulates marks and to include extraneous mate- class working people that love to fly. local and regional economies—it comprises rial on H.R. 1687. In the wake of these disparaging sto- over one percent of the U.S. Gross Domestic The SPEAKER pro tempore. Is there ries that have appeared in the media, Product and supports almost 1.2 million jobs. objection to the request of the gen- the AOPA and its supporters in Con- In addition, GA provides communities with es- tleman from Ohio?

VerDate Nov 24 2008 05:21 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.102 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6363 There was no objection. The Ralph Regula Federal Building When I assumed the chairmanship of b 1800 and United States Courthouse will con- the House Financial Services Appro- tinue Ralph’s legacy, serving Stark priations Committee in this Congress, Mr. BOCCIERI. Madam Speaker, I County for many years to come. It is Congressman Regula was the ranking yield myself as much time as I may most fitting and proper to honor Con- member, and he was a mentor and a consume. gressman Regula with this designation. partner. I learned a lot about how to be Madam Speaker, I rise in strong sup- I support this bill, as amended, and an effective chairman from Congress- port of the bill I introduced, H.R. 1687, urge its immediate passage. man Regula by watching him in action as amended, and urge its quick pas- Mr. Speaker, I reserve the balance of and talking to him as my ranking sage. my time. member. This bill designates the building lo- Mr. MARIO DIAZ-BALART of Flor- As a Member from an urban district, cated at McKinley and Third Streets, ida. Mr. Speaker, at this time, I yield New York City, I also learned a lot S.W., Canton, Ohio, as the Ralph Reg- myself such time as I may consume. ula Federal Building and United States I want to thank the chairman and about him and about farming. And I Courthouse. The bill has strong, bipar- the sponsor, the gentleman from Ohio, must tell you, I learned something that tisan support. for sponsoring this legislation. He men- may sound funny to some folks, but I While I know Congressman Regula as tioned the history of Mr. Regula. He learned the difference between jelly my predecessor, many of you on both obviously served honorably the people and jam, and he was an expert on the sides of the aisle were also fortunate of the 16th District in Ohio for 18 con- subject. What I most treasure is his enough to call him a colleague, a men- secutive terms, from 1973 until last friendship because Congressman Reg- tor, and a friend. He was a true steward Congress, becoming the second longest- ula was a true and generous friend to of his district and earned every acco- serving Republican Member in the me. lade from his constituents, who knew House, Mr. Speaker. The designation of this Federal build- him only as Ralph. He combined a Congressman Regula has a great leg- ing and courthouse in Canton, Ohio, as unique blend of procedural acumen, acy and has had a long and distin- the Ralph Regula Federal Building and hard work, and collegial personality in guished career in public service, al- United States Courthouse is an appro- rising to a position of leadership on the ways, always serving his country. priate honor for this man who has de- House Appropriations Committee. All Early on, he served in I think the most voted his life to public service. He the while, he never forgot where he honorable way that one can ever serve served in the Navy, was a lawyer, a came from, consistently setting the this country, and that is in the Armed member of the Ohio State Board of standard and making sure that his con- Forces, in the Navy. After completing Education, the Ohio House of Rep- stituents received the assistance they his legal education, he went into pri- resentatives, and the Ohio State Sen- needed with their problems. vate practice of law. In the early 1960s, ate before joining Congress and begin- As a former teacher and principal, Congressman Regula served as a mem- ning his many years of distinguished Ralph was a leader in pushing to im- ber of the Ohio State Board of Edu- and dedicated service on behalf of his prove our students’ reading skills, de- cation, and then he went on to serve in constituents of the 16th Congressional velop teacher training, and increase the Ohio House of Representatives, also District of Ohio. Pell Grant funding. He also increased in the Ohio State Senate prior to his We are doing something really good by millions of dollars the amount of election in the Congress. today; we are honoring a man who de- Federal money committed to research Naming this Federal building in Ohio served this. And let me just conclude in fighting cancer, heart disease, and is appropriate to recognize Congress- by saying this: I imagine when we birth defects. man Regula’s commitment to public leave here—when the day comes that I Ralph was a leader in alternative en- service, to his constituents, and to this leave here—you want to be remem- ergy. And he was an early champion of Nation. The respect that he earned bered for your work, but I think more fuel cell technology, helping my dis- while serving in Congress is really than that you want to be remembered trict earn a reputation as a national demonstrated by what we are seeing by your colleagues as how you treated leader in fuel cell research and develop- today, the fact that this bill is spon- them and how you interacted with ment. sored by Ohio representatives from them. Ralph Regula was a gentleman. Congressman Ralph Regula served both sides of the aisle. Ralph Regula was a colleague. Ralph with distinction and represented the Again, I want to thank the sponsor of Regula never had anything nasty to 16th District of Ohio for over 30 years— this legislation. I support the passage say about anyone. And as I said before, in fact, it was 36 years. He is a native of this bill and urge my colleagues to coming from a community where I Ohioan, born in Beach City, Ohio, on do the same. Again, this is a man who came from and coming from a commu- December 3, 1924. After high school, has served this country with distinc- nity where he would tell me about driv- Congressman Ralph Regula served in tion. ing his pickup truck and going out to the United States Navy with distinc- With that, Mr. Speaker, I reserve the his farm, it was two different worlds, tion and honor in World War II. He balance of my time. and yet I learned to admire him, to later graduated from college and Mr. BOCCIERI. Mr. Speaker, I yield 5 love him, and to respect him. earned his law degree in Canton, Ohio, minutes to the gentleman from New And so today I wanted to join this at William McKinley School of Law. He York (Mr. SERRANO). went on to become a lawyer and later (Mr. SERRANO asked and was given celebration to say thank you to him. a State legislator. permission to revise and extend his re- And I know, Mr. Speaker, it’s some- He was first elected to Congress in marks.) where outside the rules of the House to 1972 and served 18 consecutive terms, Mr. SERRANO. I thank the gen- speak to a TV audience or to people in retiring last year to spend more time tleman. the gallery, so I won’t do that, but I with his lovely, lovely wife, Mary, and Today, I rise in support of H.R. 1687, suspect that Congressman Regula is college sweetheart, as well as their legislation to bring well-deserved rec- watching us today and needs to know three children and four grandchildren. ognition to Congressman Ralph Reg- that we care about him, that we care a As much as I wish to claim this as an ula, who was first elected to Congress lot, and that this is an honor, one of original idea, I have to give thanks and in 1972. many, that he truly deserves. credit to Senator , who Congressman Regula retired in Janu- Mr. MARIO DIAZ-BALART of Flor- first introduced this legislation last ary of this year after serving in Con- ida. Mr. Speaker, I yield 5 minutes to December before I was sworn in. gress for 18 consecutive terms. He had the distinguished gentleman from Ohio It is appropriate that we honor Con- a wealth of experience on the House (Mr. LATOURETTE). gressman Ralph Regula with this bill Appropriations Committee, serving as Mr. LATOURETTE. Thank you, Mr. because in many ways this building chairman of both the Labor, Health DIAZ-BALART, for the recognition. And would not exist without his efforts, and Human Services, and Education I want to thank Mr. BOCCIERI of Ohio having laid the groundwork for it Subcommittee and the Interior Sub- for introducing this piece of legisla- many, many years ago. committee. tion.

VerDate Nov 24 2008 03:55 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.104 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6364 CONGRESSIONAL RECORD — HOUSE June 9, 2009 Mr. BOCCIERI—I can’t call him Con- tunity. I will tell you that, in my creativity of the American people, and gressman Regula’s replacement be- mind, it had a lot to do not with the in particular of all Ohioans. He was a cause nobody can replace Congressman quality of the other candidates, who man of great integrity, and someone Regula, but he is his successor. And, were both excellent. It had a lot to do who obviously I, as Congressman unluckily, I also happen to be his suc- with the fact that Ralph had angered LATOURETTE said, would not be able to cessor as the dean of the Ohio Repub- people back in the 1990s because he replace, but certainly respect as his lican Delegation because in the last wouldn’t eliminate the National En- successor. two elections you guys have wiped ev- dowment for the Arts, he wouldn’t Mr. Speaker, at this time, I yield to erybody out, and at eight terms, I’m eliminate the National Endowment for the gentlelady from California, our the head guy on our side in the State of the Humanities, he wouldn’t agree to Speaker of the House of Representa- Ohio. shut down the Department of Edu- tives, Speaker PELOSI. But, as has been mentioned, Ralph cation. And as a result, even though Ms. PELOSI. Mr. Speaker, I thank served 36 years here. And 36 years is Ralph had a long and distinguished ca- the gentleman for yielding and thank the longest that any Republican Mem- reer here, I think he was punished. him for giving us this opportunity to ber of Congress has served from the The other thing I want to say about come to the floor to sing the praises of State of Ohio. He had a lot to do, and Ralph is his partner, his life partner, our former colleague—we always will I think Mr. PETRI is going to talk Mary—Mary, of course, is the brains have him as a colleague in our hearts, about his work with the parks when he behind the First Ladies’ Library. Mr. but former colleague on the floor, Con- gressman Ralph Regula of Ohio. was the chairman of the Interior Sub- Speaker, if you ever happen to be trav- committee, but Ralph’s real gift, when eling through the State of Ohio and b 1815 it came to our side of the aisle at least, you have to take a restroom break or As many of you know and as has been back in happier days—and Mr. you have to get off and get a soda, stop acknowledged, Ralph Regula served in BOCCIERI, happier days are when the at the First Ladies’ Library, because it the House with great distinction for 38 Republicans were in the majority, that really is an amazing creation that years of service, 38 years of service and definition. Ralph guided us. And if you wouldn’t be in existence today if it not only service, great leadership. Last looked at the Ohio delegation back in wasn’t for Mary Regula, with the sup- year we sadly said good-bye to him, but the 1990s, most of us were the chairmen port of her husband, Ralph Regula. now tonight we will honor him by cre- of full committees. We had two car- So, Mr. BOCCIERI, I again want to ating a longstanding testament to his dinals, Mr. Regula and Mr. Hobson of thank you very much. This is an amaz- leadership, designating the courthouse Springfield. And that was all Ralph’s ingly wonderful bipartisan effort on and Federal building in his hometown doing. He made a commitment to make your part, and Senator BROWN, who of Canton as the Ralph Regula Federal sure that there was an Ohioan on every you mentioned, to name something Building and United States Court- committee that mattered. after somebody who really deserves to house. When I was elected—I’m a lawyer by have something named after him. I I want to acknowledge Congressman training—I said, Ralph, I think I would never have served with a finer public JOHN BOCCIERI for his work in shep- like to be on the Judiciary Committee. servant than Congressman Regula. I herding this legislation through Con- And he said, What are you, nuts? We know that that building will make him gress and for doing an exceptional job, need a Republican from Ohio on the proud, and it should make the citizens I believe, following in the footsteps of Transportation Committee. And he put of Canton, Ohio, proud as well. And I Ralph Regula in representing Ohio’s me there, and it was one of the thank you for honoring my friend. 16th Congressional District. happiest times of my life. Mr. BOCCIERI. Mr. Speaker, I yield Congressman Regula’s entire life was There are two things that I want to myself as much time as I may con- devoted to public service and still is. talk about. Mr. SERRANO is right about sume. He was a distinguished Navy veteran of his observations, but I came in the I wish to thank the gentleman from World War II. He served our country in Class of 1994, so I’m one of those Re- Ohio. His remarks were not only appro- that way, and he served in both the publican revolutionaries that created priate, they were well-guided in terms and the Ohio House of the first majority since 1954. And Mr. of what Mr. Regula meant not only to Representatives as well as the State Speaker, you may remember—and oth- our part of Ohio, but what he meant to Board of Education. And aren’t we for- ers may remember—that at that time America. tunate that when he came to Congress, there was a lot of rhetoric in this Campaigning through the district he was already an experienced legis- Chamber and there were some things and having the occasion to work with lator with a strong commitment to that became targets. And parks became Congressman Regula while I was in the educating our children. Thirty-eight years. Imagine that. targets. But what I will always remem- State legislature, people knew him not Some of our Members weren’t even ber is that it was the desire on my side as a conservative, not as a liberal, not born when Ralph Regula came to the of the aisle to zero-fund things like the as a Democrat or Republican, but just Congress. Thirty-eight years in the as Ralph. And that type of leadership, National Endowment for the Arts and House of Representatives, earning the that type of portrayal of American pol- the National Endowment for the Hu- distinction of being the second-longest- itics is what we should all rise to emu- manities. And I thought that was mis- serving Republican in the Congress. guided, and Congressman Regula, as late. He was a man of his word, a man Congressman Regula’s leadership the chairman of the Interior Sub- of integrity, and a man who believed in benefited our entire Nation. It was a committee, also felt that that was mis- the Constitution. And he told me, he personal privilege for me to work with guided. And as a result, although those said, When you go to Congress, John, him on the Appropriations Committee. agencies saw reductions during that make sure that you protect the Con- I saw firsthand his leadership, his time, they were never zeroed out. And stitution and, in particular, the fact knowledge of the issues, the respect I think in this appropriation cycle we that we own the checkbook, we write that he commanded for all who came will finally get back to the level of the checks, we appropriate the money, before him and the respect he had from funding that they received prior to we here in Congress are responsible for both sides of the aisle. 1994. the taxpayers’ dollars. He was respon- I personally am grateful to him for I will tell you that a few years before sible for millions and millions of dol- transforming San Francisco’s former Congressman Regula’s retirement he lars coming back to the State of Ohio, Army base—he was very much a part of was in line as the most senior guy to whether it was research in fuel-cell doing that—the Presidio, into one of become the chairman of the Appropria- technology or whether it was the First our Nation’s premier parks, and we tions Committee. And he worked very Ladies’ Library that his wife had such have honored him on many occasions hard at that. He created an organiza- a brilliant idea to anchor in our part of in San Francisco, most recently at tion called CARE, and worked hard— Ohio and the Midwest, or just funding Fort Baker. raised a lot of money in what you had for all the medical research that we’re None of us can come together and to do and all that other business—and doing in our State, he was a leader. talk about Ralph Regula without talk- he was denied that honor, that oppor- And he believed in the innovation and ing about Mary Regula because they

VerDate Nov 24 2008 03:55 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.107 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6365 served here in Congress as a team. and all that, and he had his home And we need to respect that. And I Ralph would be the first to say that it which they had lost in the Depression, think that this bill respects the service was the love of Mary and their three Stan Hywet, which is one of the largest of Ralph Regula and his contributions children and four grandchildren that private homes in the United States. to northeast Ohio, and in particular made his leadership possible. And we And in the course of doing that, he what it will mean to the people of all know that Mary is the one who took us through the thing, and I dis- Stark County who go there to find re- made a decision that we would have a covered that he and Ralph Regula had lief and find help from their govern- National First Ladies’ Library in Can- worked together for many years to cre- ment. And every day they walk into ton, Ohio, to honor the contribution to ate what is now, I believe, the largest that building, that building that’s our Nation of the First Ladies of Amer- national park east of the Mississippi, being built right now, they will see his ica. It’s a phenomenal thing. She had the Cuyahoga. I know they were both designation, his name, and it will be a an idea, she executed it, and now peo- tremendously proud of that. It was a remembrance of what he meant. ple can visit and see that important wonderful opportunity for that area of Just one last comment, Mr. Speaker. part of American history thanks to Ohio because there are large cities on This district that I am currently rep- Mary Regula. various sides of this and it provides resenting and serving in is, by all Today we honor a great congres- recreational and other opportunities measures, arguably a swing district. It sional leader, a great friend to all of us, for a large population. And if they had has Democrat and Republican registra- and a great man. I urge all of my col- not acted when they did, it might not tions, even Independents inside the leagues to understand the privilege be there today. It was done by those race. But yet he held this district for 36 that we have of expressing our appre- two Representatives working as best years, and the Congressman before him ciation for Ralph Regula’s leadership they could with colleagues in both po- held this district for 18 years, and the by supporting this legislation, and I litical parties and will stand, I think, other Federal building in the city is join my colleagues from Ohio on both as a lasting monument to their joint named after him, Frank T. Bow. And so sides of the aisle for the honor that we efforts on behalf of our country and what this says is that the people of are paying to Ralph Regula tonight. certainly the people of their region in northeast Ohio, in particular the 16th And I again thank JOHN BOCCIERI for Ohio. District, they respect legislators, they shepherding this through the Congress. Ralph and Mary were and are a great respect Congressmen like Ralph Regula Mr. BOCCIERI. Thank you, Madam team. And one other thing I think I and his predecessor because they be- Speaker. might mention, Ralph is kind of a gen- lieve in our greatest asset, which is our I concur with the Speaker’s eloquent tleman farmer, I guess, and he used to people. remarks, especially about Mary, who spend a lot of time working there, and Mr. Speaker, I reserve the balance of champions women in their role in poli- he loved his grandchildren and family my time. tics. And for my two daughters who are and all of that. But Ronald Reagan was Mr. MARIO DIAZ-BALART of Flor- sitting behind me and the ones I have kind of a gentleman farmer, too. He ida. Mr. Speaker, I will be brief. at home, she has been a shepherd for had this ranch out in California where I want to echo the words of the gen- all in the 16th District as well as our he cleared brush and was trying to de- tleman from Ohio. I think they were country. velop it. And it turned out that he and very well-stated. I also want to thank Mr. Speaker, I reserve the balance of Ralph were talking over at the White the Speaker of the House for coming my time. House for some reason about some down today and speaking in such well- Mr. MARIO DIAZ-BALART of Flor- other things, and Reagan discovered deserved words but kind words to a ida. Mr. Speaker, I yield 4 minutes to that Ralph was going back to work on man that really loved this institution, the gentleman from Wisconsin (Mr. some fencing on his farm and he asked loved this country, and served both so PETRI). him if he could explain how he did it. very well. Mr. PETRI. I thank my colleague for So Ralph came back to a meeting Mr. OBERSTAR. Mr. Speaker, H.R. 1687, yielding. I thank the previous speak- afterward and said that Reagan had as amended, introduced by the gentleman ers, particularly the Speaker of the taken careful notes and everything else from Ohio (Mr. BOCCIERI), designates the House for taking the time from her and then a week or two later gave him, building located at McKinley Avenue and Third busy schedule to come down here to I think, a signed copy of the instruc- Streets, SW. in Canton, Ohio, as the ‘‘Ralph honor a distinguished colleague on the tions that Ralph had given to him, that Regula Federal Building and United States occasion of naming the Federal court- it was a good fence. Courthouse’’. The bill has broad bipartisan house in his hometown after him, and Ralph did a great job and it’s an ap- support. that’s the gentleman I had the privi- propriate honor. I strongly support the The designation honors the exemplary pub- lege of serving with for nearly 30 years passage of this legislation. lic service of our former colleague from Can- and getting to know and one whom I Mr. BOCCIERI. Mr. Speaker, just a ton, Ohio, Ralph Regula. Ralph represented admire a great deal, and that is Ralph few more comments and I think we will the 16th district of Ohio for 36 years, from Regula. be wrapping this up very soon. January 3, 1973 to January 3, 2009. Former You’ve heard about the spirit with To piggyback on what the gentleman President Gerald Ford, while serving as the which Ralph Regula approached his re- was suggesting, as I said earlier, Ralph House leader, recommended Ralph Regula for sponsibilities as a legislator. It was was not known as a Democrat or a Re- an appointment to the Committee on Appro- positive. He worked with all Members publican, a conservative or a liberal; he priations. He served with distinction on the of this body, and he did what he was just known as ‘‘Ralph.’’ I remem- Subcommittee on the Interior and the Sub- thought was in the best interest of this ber, in some closing remarks at a re- committee on Labor, Health, and Human Serv- country and this institution. cent banquet that we were at, I was ices. You learn a lot about Members of telling folks, and I feel at liberty to Ralph Strauss Regula was born in Beach this body when you visit their dis- say this, I’m a freshman Member here, City, Ohio, on December 3, 1924. During tricts. And my wife and young daugh- that this collegiality that we are shar- World War II, Congressman Regula served in ter and I had the habit, as we would ing right now becomes few and far be- the United States Navy. He later went on to drive back to Wisconsin for the August tween at times and we need to return earn a B.A. from Mount Union College in break, of picking a different route this Chamber, this body, our dialogue 1948, and then graduated from the William across the country and taking a few to that kind of respect for each other, McKinley School of Law in Canton, Ohio, in extra days and stopping to see historic where we may disagree on ideas, as 1952. and interesting places and making it Democrats and Republicans, we both Congressman Regula served in many dif- an educational and fun thing rather believe in the end goal. And like a mar- ferent capacities in his long tenure in public than just an ordeal to go across the ried couple, we may argue about how service. He was a member of the Ohio State country. And one year we decided to go we get to the end destination, taking Board of Education from 1960–1964. Regula through and visit John Seiberling, an- this exit ramp, that road, but at the was then elected to the Ohio State House of other colleague in Akron, Ohio, from a end of the day, like a married couple, Representatives from 1965–1967, and subse- distinguished family, Seiberling Tire we always end up where we need to go. quently served in the Ohio State Senate in

VerDate Nov 24 2008 03:55 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 7634 Sfmt 9920 E:\CR\FM\K09JN7.108 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6366 CONGRESSIONAL RECORD — HOUSE June 9, 2009 1967–1972. He then went on to be elected to peals to all age groups, and has a beneficial services contributed from all 50 States. the U.S. House of Representatives in the 93rd effect on the physical fitness and scholastic These are American jobs that are cre- Congress, and served for 36 years. performance of those who participate; and ating a uniquely American product. Whereas, July 1, 2009, would be an appro- Congressman Regula last served as the Additional jobs include electricians, priate day to establish as National Boating carpenters, painters, and engineers who ranking member of the Appropriations Sub- Day: Now, therefore, be it committee on Financial Services and General Resolved, That it is the sense of the House work to repair or to refit recreational Government, and was one of the longest serv- of Representatives that— vessels—along with all the crew mem- ing Republican Members of Congress. Con- (1) the recreational boating community bers and employees at our many mari- gressman Regula retired at the end of the and the boating industry of the United nas and harbors. 110th Congress after a career of nearly 50 States should be commended for their nu- When taken together, boating in years of public service. Congressman Regula merous contributions to the economy of the America generates more than $33 mil- United States, the well-being of United is married to Mary Regula and has three chil- lion annually for our economy, and it States citizens, and responsible environ- provides 337,000 jobs, totaling $10.4 bil- dren and four grandchildren. mental stewardship of the marine resources It is most fitting and proper to honor Con- lion in wages every year. For these rea- of the United States; and sons, I am urging my colleagues to sup- gressman Regula with this designation. (2) the President should issue a proclama- port House Resolution 410. I support H.R. 1687, as amended, and urge tion calling on the people of the United States to observe National Boating Day with I reserve the balance of my time. its passage. Mr. PETRI. Mr. Speaker, I yield my- Mr. MARIO DIAZ-BALART of Flor- appropriate programs and activities that em- phasize family involvement and provide an self such time as I may consume. ida. With that, Mr. Speaker, I have no I rise in support of House Resolution further requests for time, and I yield opportunity to promote the boating indus- try. 410, a resolution recognizing the rec- back the balance of my time. reational boating community and in- Mr. BOCCIERI. Mr. Speaker, at this The SPEAKER pro tempore. Pursu- ant to the rule, the gentleman from dustries. time I have no further requests for I now recognize for as much time as Washington (Mr. LARSEN) and the gen- time, and I yield back the balance of he may consume our colleague from tleman from Wisconsin (Mr. PETRI) my time. South Carolina, Mr. HENRY BROWN. The SPEAKER pro tempore (Mr. each will control 20 minutes. Mr. BROWN of South Carolina. I ap- KISSELL). The question is on the mo- The Chair recognizes the gentleman preciate my colleague from Wisconsin tion offered by the gentleman from from Washington. for yielding. Ohio (Mr. BOCCIERI) that the House sus- GENERAL LEAVE Mr. Speaker, I rise today to offer my pend the rules and pass the bill, H.R. Mr. LARSEN of Washington. Mr. support for House Resolution 410, legis- 1687, as amended. Speaker, I ask unanimous consent that lation I was proud to introduce with The question was taken. all Members may have 5 legislative Representative KLEIN. As the Rep- The SPEAKER pro tempore. In the days within which to revise and extend resentative for 75 percent of South opinion of the Chair, two-thirds being their remarks and include extraneous Carolina’s coast and for many of my in the affirmative, the ayes have it. material on House Resolution 410. State’s recreational and commercial Mr. BOCCIERI. Mr. Speaker, on that The SPEAKER pro tempore. Is there boaters, I am proud of this resolution, I demand the yeas and nays. objection to the request of the gen- which recognizes the numerous con- The yeas and nays were ordered. tleman from Washington? tributions of the recreational boating The SPEAKER pro tempore. Pursu- There was no objection. community and of the boating indus- ant to clause 8 of rule XX and the Mr. LARSEN of Washington. Mr. try. Boating is big business in the State Chair’s prior announcement, further Speaker, I yield myself such time as I of South Carolina, with more than $826 proceedings on this motion will be may consume. million in sales a year and with nearly postponed. Mr. Speaker, I rise today in support of H. Res. 410, recognizing the numer- 9,000 boating industry employees across f ous contributions of the recreational the State. Boats are owned by families of all income levels in communities RECOGNIZING CONTRIBUTIONS OF boating community and the boating in- across my State and the Nation. In my THE RECREATIONAL BOATING dustry to the continuing prosperity district alone, there are 82,441 reg- COMMUNITY and affluence of the United States. istered recreational boats, and there This bipartisan resolution was intro- Mr. LARSEN of Washington. Mr. are 145 boating businesses which range duced by Representatives RON KLEIN of Speaker, I move to suspend the rules from small charter operations and ma- Florida and HENRY BROWN of South and agree to the resolution (H. Res. rinas to major boat engine manufactur- 410) recognizing the numerous con- Carolina, along with the co-Chairs of ers at Cummins Marine, an employer of tributions of the recreational boating the Congressional Boating Caucus, hundreds of my constituents. community and the boating industry Representatives GENE TAYLOR of Mis- Nationally, the recreational boating to the continuing prosperity and afflu- sissippi and CANDICE MILLER of Michi- community includes over 59 million ence of the United States. gan. Americans, and it makes a significant The Clerk read the title of the resolu- House Resolution 410 honors the 59 impact on our economy. Boaters also tion. million boaters in the United States. serve as stewards of the marine envi- The text of the resolution is as fol- As evidenced by the bipartisan cospon- ronment as the boating community has lows: sors of this resolution, American boat- a long history of educating future gen- ers span all across the country, includ- H. RES. 410 erations on the value of these resources ing my constituents in Washington and on how to preserve them for their Whereas the boating community in the State who take to the waters of the United States includes over 59,000,000 indi- enjoyment. Additionally, through an- viduals, generates more than $33,000,000,000 Puget Sound. nual motorboat fuel taxes, boaters con- annually in the United States economy, and b 1830 tribute more than $100 million towards provides jobs for 337,000 citizens of the fish restoration and towards other en- United States who earn wages totaling Boating provides a great activity for vironmental programs. $10,400,000,000 annually; thousands of families, Mr. Speaker, on More than anything else, boating is Whereas boaters often serve as stewards of our lakes and certainly on our great important to American families as it the marine environment of the United coasts—to fish, to dive, to snorkel or to provides opportunities for them to States, educating future generations of the simply enjoy America’s stunning nat- spend quality time together. It appeals value of these resources, and preserving such ural marine resources. to all age groups, and it has the bene- resources for such generations’ enjoyment; Boating isn’t just a recreational ac- ficial effect on the physical fitness and Whereas there are approximately 1,400 ac- tivity. The boating industry is one of tive boat builders in the United States, using scholastic performance of those who materials and services contributed from all America’s great industries that in- participate. 50 States; cludes about 1,400 active boat builders At the request of my constituent, Mr. Whereas boating, as an activity, provides in the United States, including many Bill Hanahan, I worked to include lan- opportunities for families to be together, ap- in my district, using materials and guage in this resolution, marking the

VerDate Nov 24 2008 06:00 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.055 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6367 important role that boating plays for 33 States, including Tennessee, Penn- down to Florida and to the coasts. The American families. As Mr. Hanahan sylvania, Kansas, and West Virginia. inboard-outboard engine and the jet en- said, Joining family and friends on the Clearly, boating is not just a coastal gine were both invented in my district, water is a great way to escape the pastime. It is an American pastime. working with Volvo in Sweden. Many chaos of our busy lives, create quality Boating also brings us closer to our of the larger boat companies are based memories together and appreciate na- natural resources and treasures. I there—everything from float boats to ture in all its glory. strongly believe that an appreciation fishing boats to high-powered speed- Boating does just that, and I encour- for environmental stewardship comes boats. It is a critical part of our dis- age all of my colleagues to support this through an interaction with nature. trict. It has been a pleasure to work resolution. For example, it’s hard to comprehend with the boating industry as we work Mr. LARSEN of Washington. Mr. the beauty of our coral reefs until you on how to get retail floor plan financ- Speaker, at this time, I would like to see it under water with your own eyes ing for boats. yield 4 minutes to the cosponsor of this through a boat. Once you do, you begin We hear a lot right now about GM resolution, Mr. KLEIN of Florida. to understand their importance and the and Chrysler—the auto companies. I Mr. KLEIN of Florida. Mr. Speaker, I need to protect them for the continued represent Elkhart County, along with thank the gentleman from Washington health of our oceans. Congressman JOE DONNELLY. We’ve (Mr. LARSEN) for yielding me time, and Boating gives us these cherished op- been working to make sure of the RV I also want to commend him for his portunities to commune with nature, industry, 58 percent of which is there; leadership on this important issue. and it should be no surprise that boat- but if you’ll notice and look carefully Mr. Speaker, I rise today in support ers can be impassioned stewards of the at the retail floor plan financing and at of H. Res. 410, a resolution I introduced environment, teaching future genera- SBA and at what they’ve done through with my friend from South Carolina, tions of boaters to have a healthy re- TALF and other things, you’ll see it the Honorable HENRY BROWN, along spect and appreciation for our natural says cars, trucks, RVs, motorcycles, with the distinguished co-Chairs of the resources. and boats, because the same challenge Congressional Boating Caucus, the For these reasons, Mr. Speaker, I that we’re facing in the auto industry Honorable GENE TAYLOR from Mis- urge my colleagues to support H. Res. is true for the boating industry, which sissippi and the Honorable CANDICE 410, and I thank the gentleman from is how do we make sure there are ade- MILLER from Michigan. Washington again for bringing H. Res. quate boats being purchased from man- Our resolution highlights the impor- 410 to the floor. ufacturers; how do we make sure there tant contributions of the recreational I urge its passage. is the financing to keep them afloat, boating community and the boating in- Mr. PETRI. Mr. Speaker, I yield such and then how do we make sure of the dustry as to the quality of our lives time as he may consume to our col- dealers. If they can only get one-fourth and as to our continued economic pros- league from Indiana, Representative of their normal inventory there, here perity. I urge President Obama to issue SOUDER. in this peak season for selling boats, it a proclamation calling upon the Amer- Mr. SOUDER. I thank my friend and isn’t going to work. ican people to observe July 1 as Na- colleague from Wisconsin for his lead- So this is a very unusual time and an tional Boating Day. ership on Transportation and for the important time for the boating indus- Boating is a famous symbol for south time to speak on this bill. try. Not only are we entering the sum- Florida, where I come from, and for As a member of the Boating Caucus, mer season in the Great Lakes region other parts around the country. Mil- since we first formed this, I am really and in other areas of the country where lions of residents in our community pleased to be supportive of this resolu- boating and recreation are at a peak, and tourists take to the waters of tion. In northeast Indiana, basically, I but it’s also a time of survival. It is south Florida to boat, to fish, to dive, represent a lot of water with plants probably the biggest challenge to the to snorkel, and to view scenic tours and farms in between. boat manufacturers since the luxury along our pristine coastline and along In Kosciusko County, we have 100 tax nearly sunk them years ago. our unique intercoastal waterway. lakes. In Steuben County, we have 100 So I stand, honored to speak on be- Palm Beach County alone has over lakes. Along this ridge, one water sys- half of this resolution because it’s very 40,000 registered boaters. Fort Lauder- tem heads towards Lake Erie; one important that we call to the attention dale’s majestic canals have earned it water system heads towards Lake of the American people not only the the nickname ‘‘the Venice of Amer- Michigan, and the other goes down into great pleasures of recreational boating ica.’’ the Mississippi Valley. Because of geo- but also the importance of having our The significance of the boating com- logical potholes basically connected to- boating industry survive. munity is not only symbolic. The in- gether, sometimes through small dams Mr. LARSEN of Washington. Mr. dustry is a major economic engine in and sometimes in natural larger lakes, Speaker, we have no further speakers. Florida, responsible for over $2.8 billion we have the bulk of the lakes in Indi- So, at this point, I will reserve the bal- in direct sales and for 30,000 jobs State- ana. It is when the glaciers pulled ance of my time. wide. In my district alone, there are back. So in this zone, I would guess we Mr. PETRI. Mr. Speaker, I fully sup- over 34,000 registered boats. The indus- may have 40 to 60 percent of the nat- port House Resolution 410, and I urge try produces $193 million, and it em- ural lakes in the State of Indiana. my colleagues to do the same. ploys over 2,000 of my constituents. Some have been, historically in United I yield back the balance of my time. As everyone here knows, the con- States’ history, big attractions, not Mr. OBERSTAR. Mr. Speaker, I rise today tributions of the boating community necessarily as big a tourist attraction in support of H. Res. 410, introduced by the extend far beyond the Sunshine State. as in Florida or as in Wisconsin or, for gentleman from Florida (Mr. KLEIN), which rec- The boating community includes 59 that matter, as in Washington State, ognizes the recreational boating community million people and 13.6 million reg- but Winona Lake was a big Chautauqua and boating industry for their contributions to istered boats throughout the United area. the national economy and urges the President States. In addition, the recreational In Kosciusko County, we have a num- to issue a proclamation to observe July 1, boating industry provides more than ber of State parks on these lakes, and 2009 as National Boating Day. $37 billion in sales and in services to so we’re proud to bring in lots of re- In the United States, the boating community the U.S. economy, and it provides over gional tourism and people who enjoy consists of over 59 million people and over 13 300,000 jobs throughout our country. them. They’re sometimes lined up to million registered recreational boats. The boat- One need only look at the geographic get to the open space on our lakes in ing community supports over 330,000 Amer- diversity among members of the Con- Indiana. ican jobs with total wages totaling approxi- gressional Boating Caucus, of which I Yet, as the number one manufac- mately $10.4 billion a year. There are approxi- am a proud member, to measure the turing district in the United States—I mately 1400 boat builders in the United States broad influence and contributions of can’t remember the latest figures—I that construct and repair boats using materials the boating community and of the believe we’re fifth in the manufac- and services from all 50 States. In addition, boating industry. Members come from turing of boats. Many of those boats go recreational boating and the boating industry

VerDate Nov 24 2008 06:00 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 7634 Sfmt 9920 E:\CR\FM\K09JN7.112 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6368 CONGRESSIONAL RECORD — HOUSE June 9, 2009 contribute over $33 billion to the American the Pipeline Inspection, Protection, Enforce- Mr. LARSEN of Washington. I yield economy annually. ment, and Safety Act of 2006; myself as much time as I may con- In my state of Minnesota, there are over Whereas in the past decade the U.S. De- sume. partment of Transportation’s Pipelines and Mr. Speaker, today I rise to ask the 866,000 registered boats—the third largest Hazardous Materials Safety Administration, number of boats of any state in the country. In with support from a diverse group of stake- House of Representatives to support fact, Minnesota has the most boats per capita holders, has instituted a variety of impor- the designation of June 10, tomorrow, of any state: there is one boat for every six tant new rules and pipeline safety initiatives as National Pipeline Safety Day. There people. such as the Common Ground Alliance, pipe- are more than 2 million miles of gas Whether it is on the river, a lake, along the line emergency training with the National and hazardous liquid pipelines in our ocean, inter-coastal or intra-coastal waterway, Association of State Fire Marshals, and the country. Pipelines play a vital role in recreational boaters support and depend on Pipelines and Informed Planning Alliance; the lives of the American people by de- Whereas even with all these new pipeline livering the energy we need to heat our over 12,000 marinas all across the United safety improvements, in 2008 alone there States. were still 274 significant pipeline incidents homes, to drive our cars, to cook our Recreational boating is an American pas- causing over $395,000,000 in property damage food, and to operate our businesses. time. It is a family activity that appeals to all and uncounted economic disruption; In the past decade, significant new age groups and is a constructive outlet for en- Whereas even though pipelines are the pipelines have been built to help move tertainment. Whether water skiing, snorkeling, safest method to transport huge quantities oil and gas to refineries and to mar- fishing, or just relaxing on the water, boating of fuel, pipeline incidents such as the 1994 kets. These pipelines are invisible to is a perfect reason to turn off the television pipeline explosion in Edison, New Jersey most people and, therefore, are out of that left 100 people homeless, the 1996 butane sight and are out of mind. This can and put away the video games and to bring pipeline explosion in Texas that left 2 teen- families and friends closer together. For these agers dead, the 2000 pipeline explosion near lead to pipeline damage and to a gen- reasons, July 1, 2009, should be established Carlsbad, New Mexico, that killed 12 people eral lack of government oversight. as National Boating Day. in an extended family, the 2004 pipeline ex- On June 10 of 1999, a pipeline leak I support H. Res. 410, and I urge my col- plosion in Walnut Creek, California, that caused a massive explosion in my dis- leagues to do the same. killed 5 workers, and the 2007 propane pipe- trict in Bellingham, Washington. The Mr. LARSEN of Washington. Mr. line explosion in Mississippi that killed a rupture released more than a quarter Speaker, I would urge my colleagues to teenager and her grandmother are still oc- of a million gallons of gasoline into support House Resolution 410, and I curring; Whatcom Creek. The gasoline ignited, Whereas these millions of miles of pipe- sending a fireball racing down the yield back the balance of my time. lines are still out of sight and therefore out The SPEAKER pro tempore. The of mind for the majority of individuals, local creek, which killed two 10-year-old question is on the motion offered by governments, and businesses, leading to boys and an 18-year-old man. The two the gentleman from Washington (Mr. pipeline damage and general lack of over- boys—Stephen Tsiorvas and Wade LARSEN) that the House suspend the sight; King—were playing in the creek on a rules and agree to the resolution, H. Whereas greater awareness of pipelines and summer day, near their homes, and 18- Res. 410. pipeline safety can improve public safety; year-old Liam Wood had just graduated The question was taken; and (two- Whereas a ‘‘National Pipeline Safety Day’’ from high school and was fly fishing for can provide a focal point for creating greater trout. thirds being in the affirmative) the pipeline safety awareness; and rules were suspended and the resolu- Whereas June 10, 2009, is the 10th anniver- b 1845 tion was agreed to. sary of the Bellingham, Washington, pipeline Previous generations certainly ask A motion to reconsider was laid on tragedy that was the impetus for many of the table. the above-mentioned safety improvements themselves, Where were you when and would be an appropriate day to designate President Kennedy was shot? But in f as ‘‘National Pipeline Safety Day’’: Now, my district, people literally ask the SUPPORTING NATIONAL PIPELINE therefore, be it question and know the answer to, SAFETY DAY Resolved, That the House of Representa- Where were you when the pipeline ex- tives— ploded? It had that much of an impact Mr. LARSEN of Washington. Mr. (1) supports the designation of National Speaker, I move to suspend the rules in my district. Pipeline Safety Day; In response to this tragedy and sev- and agree to the resolution (H. Res. (2) encourages State and local governments 484) expressing support for designation to observe the day with appropriate activi- eral other pipeline explosions across of June 10th as ‘‘National Pipeline ties that promote pipeline safety; the country, Congress passed legisla- Safety Day’’. (3) encourages all pipeline safety stake- tion to strengthen pipeline safety regu- The Clerk read the title of the resolu- holders to use this day to create greater pub- lations. The 2002 Pipeline Safety Im- tion. lic awareness of all the advancements that provement Act increased penalty fines, can lead to even greater pipeline safety; and improved pipeline testing timelines, The text of the resolution is as fol- (4) encourages individuals across the Na- lows: provided whistleblower protection, and tion to become more aware of the pipelines allowed for State oversight. In 2006, H. RES. 484 that run through our communities and do what they can to encourage safe practices Congress reauthorized the 2002 law by Whereas there are more than 2,000,000 passing the Pipeline Inspection, Pro- miles of gas and hazardous liquid pipelines in and damage prevention. tection, Enforcement, and Safety Act, this country operated by over 3,000 compa- The SPEAKER pro tempore. Pursu- or the PIPES Act. Since that day in nies; ant to the rule, the gentleman from Whereas these pipelines play a vital role in June, we’ve made significant progress Washington (Mr. LARSEN) and the gen- the lives of people in the United States by in ensuring the safety of our Nation’s tleman from Wisconsin (Mr. PETRI) delivering the energy we need to heat our pipelines. The frequency of so-called each will control 20 minutes. homes, drive our cars, cook our food and op- ‘‘high-consequence events’’ to pipelines erate our businesses; The Chair recognizes the gentleman has diminished almost 35 percent in the Whereas in the past decade significant new from Washington. last 10 years. Due to the integrity man- pipelines have been built to help move North GENERAL LEAVE American sources of oil and gas to refineries agement program required by the new and markets; Mr. LARSEN of Washington. Mr. law, pipeline operators have made ex- Whereas, on June 10, 1999, a hazardous liq- Speaker, I ask unanimous consent that tensive repairs to their pipelines that uid pipeline ruptured and exploded in a park all Members may have 5 legislative otherwise would have led to future ac- in Bellingham, Washington, killing two 10- days within which to revise and extend cidents. year-old boys and a young man, destroying a their remarks and to include extra- The 811 One-Call program now pro- salmon stream, and causing hundreds of mil- neous material on House Resolution vides a number that people can call be- lions of dollars in damages and economic dis- 484. fore they dig to make sure that they ruption; Whereas in response to this June 10th pipe- The SPEAKER pro tempore. Is there won’t hit a pipeline when they do dig. line tragedy Congress passed significant new objection to the request of the gen- ‘‘Call 811, the One-Call program.’’ And pipeline safety regulations in the form of the tleman from Washington? Congress has significantly increased Pipeline Safety Improvement Act of 2002 and There was no objection. the number of pipeline inspectors in

VerDate Nov 24 2008 03:55 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.056 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6369 the field. However, we must remain omy. Much of those costs will be passed properly maintain pipelines and en- vigilant. That’s why I have introduced along to consumers in the form of high- courages the development of pipeline House Resolution 484, a resolution to er prices for energy and energy-inten- safety programs. I support the passage recognize tomorrow, June 10, 2009, the sive goods.’’ of this resolution and urge my col- 10-year anniversary of the Bellingham Mr. Orszag’s written testimony stat- leagues to do the same. pipeline explosion, as National Pipeline ed that the average annual household I yield back the balance of my time. Safety Day. My resolution encourages cost was $1,300. That’s for a 15 percent Mr. LARSEN of Washington. Mr. individuals, State and local govern- cut in CO2 emissions, which, by the Speaker, I want to thank Mr. PETRI ments, and pipeline safety stakeholders way, happens to be 80 percent less than and Mr. MICA as well as Mr. YOUNG, Mr. to use this day to create greater public the cut sought by this administration. OBERSTAR, and Ms. BROWN for all their awareness of pipelines and pipeline Another fact. On March 17, 2009, En- help in putting this resolution together safety. It has the support of Wash- ergy Secretary Steven Chu, testifying and getting it to the floor today. I urge ington State Governor Christine before the Science Committee said, my colleagues to support House Reso- Gregoire, the Whatcom County Coun- ‘‘The cap-and-trade bill will likely in- lution 484. cil, the Pipeline Safety Trust, the crease the cost of electricity.’’ Mr. OBERSTAR. Mr. Speaker, I rise today Pipeline Association for Public Aware- Another fact I would like to bring up in support of H. Res. 484, introduced by the ness, the American Gas Association today, Energy Secretary Steven Chu gentleman from Washington (Mr. LARSEN), and the American Public Gas Associa- said advocating adjusting trade duties which expresses support for designating June tion. as a ‘‘weapon’’ to protect U.S. manu- 10th as ‘‘National Pipeline Safety Day’’. In conclusion, Mr. Speaker, I do en- facturing, because otherwise, again, Pipelines have a critical place in our na- courage my colleagues to support U.S. manufacturing would be put at a tional infrastructure. The national pipeline net- House Resolution 484. huge disadvantage. He said estab- work of over 2.2 million miles efficiently deliv- With that, I reserve the balance of lishing a carbon tariff would help ers gasoline, natural gas, oil, and other essen- my time. ‘‘level the playing field’’ if other coun- tial energy products across the country each Mr. PETRI. Mr. Speaker, I yield my- tries haven’t imposed mandatory re- day. However, because of the volatile nature self as much time as I may consume. ductions in carbon emissions; again, re- of the products they deliver, if pipelines are I would like to express my support ferring to the fact that it would put not properly cared for, or they are carelessly for House Resolution 484, designating our industry at a huge, huge disadvan- tampered with, there can be serious con- June 10 as National Pipeline Safety tage. Again Mr. Chu said, ‘‘If other sequences. Day, and yield such time as he may countries don’t impose a cost on car- That is what occurred in 1986 in Mounds consume to my colleague from Florida bon, then we will be at a disadvan- View, Minnesota, when a Williams pipeline (Mr. MARIO DIAZ-BALART). tage,’’ and he went on to say, ‘‘and we ruptured. Vaporized gasoline combined with Mr. MARIO DIAZ-BALART of Flor- would look at considering duties to off- air and liquid gasoline flowed along neighbor- ida. Mr. Speaker, let me thank the gen- set that cost.’’ But the legislation hood streets. About 20 minutes after the acci- tleman for his generosity with the doesn’t have those in the bill. dent occurred, the gasoline vapor was ignited Again, what we are looking at then time. when an automobile entered the area. Fire is, the United States will impose a self- I rise in support of this resolution, spread rapidly along the path of the liquid gas- inflicted wound to put our industry and designating National Pipeline Safety oline, killing a woman and her daughter and our country at a huge disadvantage, in- Month. Mr. Speaker, pipelines obvi- severely burning another victim. According to creasing costs of energy to all con- ously play an important role in our so- accident investigators, there were known defi- sumers in this great country of ours at ciety through the operation of our ciencies in the cathodic protection applied to a time in particular when everybody is homes, our businesses, and the delivery the first 10 miles of the pipeline and Speaker, hurting. of energy to drive our cars, to cook our Last month on May 21, the current I rise today in support of H. Res. 484, intro- food, to keep us warm in the winter CBO director testified before the House duced by the corrosion to the weld seams. and cool in the summer. It is an unde- Budget Committee and said, ‘‘CBO has Employees also had failed to shut-off the niable reality that energy affects all been very clear that a cap-and-trade manually operated gate valve until one and aspects of our lives, and all Americans system or a carbon tax would raise the half hours into the spill. need it and depend on energy. price of carbon emissions, and the cost According to the National Transportation That’s why it’s unfortunate that would ultimately be borne by house- Safety Board (NTSB), had the valve been re- some in the majority and in the admin- holds.’’ Again, it’s not rocket science, motely operable or had remote-operated istration, frankly, are proposing this Mr. Speaker. And again, ‘‘It’s also valves been installed on the line at the time of cap-and-trade legislation that many widely understood that if we raise the the accident, the pipeline could have been are calling cap-and-tax legislation that price of carbon emissions and our trad- shut down by the dispatcher soon after the would dramatically increase the cost of ing partners do not, then that creates failure was detected, thereby decreasing sub- energy for all Americans, every single an additional challenge for carbon- stantially the amount of product released into American. Estimates say that this bill emitting industries.’’ Those are his the neighborhood. Ignition of the fuel may not could increase a cost to a family of words. I added that part about the have been prevented; however, the extent and four close to $3,000 a year, $2,937 a year, rocket science, to be fair; but those are severity of the damage could have been re- to be exact, and raise electrical rates his words. duced. on families by 90 percent after adjust- So it’s fitting that we are now here The NTSB first identified the need for rapid ing for inflation, boost gasoline prices talking about pipelines and energy. I shutdown of failed pipelines to limit the re- by 74 percent on American families, just hope that we don’t forget the big lease of product following a pipeline rupture in and natural gas prices by 54 percent. If picture as well and that we don’t im- a 1970 study, entitled ‘‘Effects of Delay in that were not bad enough, it would also pose this huge cost on our consumers Shutting Down Failed Pipeline Systems and put American businesses at a huge and those who use gasoline and turn on Methods of Providing Rapid Shutdown’’. Since competitive disadvantage with their lights, like everybody does, that manu- then, a number of accidents that highlight the competitors from other countries that factures using energy, like every indus- need to reduce the release of hazardous don’t pursue that kind of legislation, try does, that we don’t put them at a gases or liquids have occurred. In 1995, the be it China or India. huge disadvantage. NTSB recommended that the Department of Now let’s take a look at what some Mr. LARSEN of Washington. Mr. Transportation’s Research and Special Pro- key players in the administration have Speaker, I am sure the parents of the grams Administration (RSPA) expedite re- recently stated about this legislation, three young men who died in the explo- quirements for rapid shutdown of failed pipe- some facts. For example, Peter Orszag, sion would be very interested to hear line segments on high-pressure pipelines in as CBO director and currently as the the thoughts of the gentleman from high-consequence areas. OMB director, testified to the Ways Florida on energy. However, RSPA failed to act on the NTSB’s and Means Committee on September I reserve the balance of my time. recommendations, opting instead to further 18, 2008. He said, ‘‘Decreasing emission Mr. PETRI. Mr. Speaker, I believe study the issue. That prompted Congress to would also impose costs on the econ- this resolution highlights the need to pass the Accountable Pipeline Safety and

VerDate Nov 24 2008 03:55 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 7634 Sfmt 9920 E:\CR\FM\K09JN7.116 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6370 CONGRESSIONAL RECORD — HOUSE June 9, 2009 Partnership Act of 1996 (P.L. 104–304), which The SPEAKER pro tempore. The There was no objection. required the Secretary of Transportation to as- question is on the motion offered by Ms. WATERS. Madam Speaker, I sess the effectiveness of remotely operated the gentleman from Washington (Mr. yield myself as much time as I may valves and to prescribe standards, within two LARSEN) that the House suspend the consume. years of enactment, for installation of the rules and agree to the resolution, H. I am proud to be a cosponsor of this valves based on that assessment. The regula- Res. 484. legislation which recognizes June as tions were not issued until 2001—too late for The question was taken; and (two- National Homeownership Month. As the victims of the 1999 hazardous liquid pipe- thirds being in the affirmative) the Chair of the Subcommittee on Housing line explosion in Bellingham, Washington. rules were suspended and the resolu- and Community Opportunity, I am in- The June 10, 1999, explosion caused the tion was agreed to. deed committed to good public policy release of about 237,000 gallons of gasoline A motion to reconsider was laid on that will assist citizens to realize the into a creek that flowed through Whatcom the table. American dream of homeownership. I would like to thank Representative Falls Park in Bellingham, Washington. The f gasoline ignited, sending a fireball about 1.5 GARY MILLER for his continued leader- miles down the creek, which took the lives of RECOGNIZING NATIONAL ship on ensuring that this resolution two 10-year-old boys, Stephen Tsiorvas and HOMEOWNERSHIP MONTH comes to the floor every year. This is Wade King, and an 18-year-old young man, Ms. WATERS. Mr. Speaker, I move to the seventh time that he has intro- Liam Wood. Eight additional inhalation injuries suspend the rules and agree to the reso- duced this resolution, and I appreciate occurred, a single-family residence and the lution (H. Res. 502) recognizing Na- his commitment to America’s home- owners. Preserving homeownership is city of Bellingham’s water treatment plant were tional Homeownership Month and the more important today than ever be- severely damaged, and the wildlife in importance of homeownership in the fore, with foreclosures reaching record Whatcom Creek was completely destroyed. United States. levels and millions more Americans Investigators found, among other things, The Clerk read the title of the resolu- struggling to stay in their homes. that Olympic Pipe Line had no remote-oper- tion. Homeownership has historically been ated shut off valves on the line, which could The text of the resolution is as fol- the single most important wealth- have prevented the release of hundreds of lows: thousands of gasoline and the loss of three building tool available to families in H. RES. 502 young lives. Following the Bellingham acci- this country. However, homeownership, dent, RSPA ordered the pipeline company to Whereas the month of June is recognized as we know it, is at risk. The fore- as National Homeownership Month; install an automatic check valve just down- closure crisis has all but erased the Whereas the people of the United States gains we have made in increasing stream of the rupture location so that the vol- are one of the best-housed populations in the ume of product released would be limited in world; homeownership rates, especially for the event of a future pipeline rupture in that Whereas owning a home is a fundamental minorities; and the gains those fami- area. Again, a case of too little, too late. part of the American dream and is the larg- lies thought they had achieved through Pipeline accidents, such as the ones in est personal investment many families will increases in home equity have also di- Mounds View and Bellingham, are not isolated ever make; minished as now 20 percent of home- incidents. According to the Pipeline and Haz- Whereas homeownership provides eco- owners owe more on their homes than ardous Materials Safety Administration nomic security for homeowners by aiding they are worth. them in building wealth over time and The combination of unemployment, (PHMSA), which now oversees the safety of strengthens communities through a greater our nation’s pipeline infrastructure, 2,888 sig- unsustainable and predatory mort- stake among homeowners in local schools, gages, and uncooperative mortgage nificant pipeline incidents occurred between civic organizations, and churches; 1999–2008, resulting in 173 fatalities, 632 inju- Whereas creating affordable homeowner- servicers has created a perfect storm of ries, and $2.7 billion in property damage. ship opportunities requires the commitment record rates, of loan defaults and fore- In response to these incidents, Congress and cooperation of the private, public, and closures. According to the Mortgage passed the Pipeline Safety Improvement Act nonprofit sectors, including the Federal Gov- Bankers Association, a record 12 per- of 2002 (P.L. 107–355), which increased pen- ernment and State and local governments; cent of mortgages are either in default alties for violations of safety standards; devel- Whereas homeownership can be sustained or in foreclosure. According to the Cen- oped qualification programs for employees through appropriate homeownership edu- ter For Responsible Lending, 6,500 fore- cation and informed borrowers; and who perform sensitive tasks; strengthened closures occur each day in the United Whereas affordable homeownership will States. By the end of 2009, there will be pipeline testing requirements; required govern- play a vital role in resolving the crisis in the ment mapping of the pipeline system; estab- United States housing market: Now, there- 2.4 million families in foreclosure. We lished a public education program for commu- fore, be it must keep families in their homes, and nities that live around pipelines; and enhanced Resolved, That the House of Representa- this Congress and the administration whistleblower protections. tives— have developed programs to do just In 2006, Congress furthered these pipeline (1) fully supports the goals and ideals of that. For example, the Making Home safety efforts by passing the Pipeline Inspec- National Homeownership Month; Affordable program, announced by tion, Protection, Enforcement, and Safety Act (2) recognizes the importance of homeown- President Barack Obama in March, (P.L. 109–468), which required development ership in building strong communities and builds on legislation I introduced at families; and of an integrity management program for dis- (3) reaffirms the importance of homeown- the beginning of this Congress to end tribution pipelines; implemented long-standing ership in the Nation’s economy and its cen- this unending avalanche of fore- NTSB safety recommendations on the installa- tral role in our national economic recovery. closures. Despite the commitment from the tion of excess flow valves, development of The SPEAKER pro tempore. Pursu- administration and Congress to reduce hours-of-service standards for pipeline em- ant to the rule, the gentlewoman from foreclosures, mortgage servicers have ployees, and adoption of safety standards for California (Ms. WATERS) and the gen- Supervisory Control and Data Acquisition been reluctant to modify troubled tleman from California (Mr. GARY G. (SCADA) systems; and increased pipeline in- loans. In fact, NeighborWorks recently MILLER) each will control 20 minutes. found in its survey of housing coun- spection and enforcement personnel. The Chair recognizes the gentle- Despite these significant measures, much seling agencies that servicers are gen- woman from California. work remains to be done. PHMSA has not im- erally uncooperative. They take up to plemented many of the mandates from the GENERAL LEAVE 60 days to respond to requests and fre- 2006 Act. Over the next several months, as Ms. WATERS. Mr. Speaker, I ask quently lose important documents. In we look to reauthorization of the pipeline safe- unanimous consent that all Members order to be true to the spirit of Na- ty program in fiscal year 2011, we will work may have 5 legislative days within tional Homeownership Month, I call on with PHMSA to ensure full implementation of which to revise and extend their re- all mortgage servicers to fully partici- the Act marks on this legislation and to insert pate in the Making Home Affordable Madam Speaker, I urge my colleagues to extraneous material thereon. program and to work with families to join me in supporting H. Res. 484. The SPEAKER pro tempore. Is there maintain their ownership. Mr. LARSEN of Washington. I yield objection to the request of the gentle- Vulnerable homeowners are also back the balance of my time. woman from California? threatened by scam artists who offer to

VerDate Nov 24 2008 03:55 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.057 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6371 rescue or help struggling homeowners of families losing their homes. Despite many years, do you think that we are stay in their homes for an exorbitant all of this occurring in the current beginning to have a turnaround? fee that must be paid up front. They housing market, we need to remember Mr. GARY G. MILLER of California. often deliver either nothing or a higher that homeownership has historically Well, you have worked very closely payment than the homeowner was pay- been the single largest creator of with me over the years on dealing with ing before contacting these companies. wealth for most Americans. conforming loan limits in high-cost The Federal Trade Commission has As someone who has been involved in areas for Freddie and Fannie, and in begun to crack down on these the housing industry for more than 35 California we almost felt like step- scammers, and I support these efforts. years, I have seen my fair share of children for years. The limits were so Prospective homeowners are also housing downturns. From these experi- low that people in California could not caught up in this economic crisis. Be- ences, I have learned that at a time of be able to use them to buy a home, and cause they have no other home to sell, stress, it is important to ensure that li- they were forced into riskier loans that first-time homebuyers have the ability quidity continues to flow to the hous- many times you and I fought hard to to help stabilize housing prices and ing market in order to keep the mar- change. neighborhoods. Housing experts are kets functioning. We have raised the GSEs and the saying that now is the time to buy, but The loan limit increases for FHA and FHA loan limit in California and are many first-time homebuyers are find- GSEs included in enacted law are fi- helping a tremendous amount of people ing themselves locked out of the hous- nally providing affordable, safe mort- refinance their homes, or people who ing market. Many families who would gages for homeowners who were pre- need to sell a home and people buying otherwise be buying homes now lack viously forced to resort to risky loans a home be able to get into the market- the required down payment. Fortu- that impaired their ability to keep place at probably at least 100 basis nately, the recently enacted $8,000 tax their home. points cheaper than they would be able credit for first-time homebuyers is now Additionally, I have also cosponsored to get into a jumbo loan. I don’t know if it is over, Maxine. I being monetized so that these home- the Homebuyer Tax Credit Act, which really wish I could say it was. I remem- owners can use it to pay closing costs was introduced by my fellow Southern ber back in the early eighties when the or to assist with their down payment. Californian, KEN CALVERT, to bring sta- prime went to 21.5 percent. You re- America’s homeowners face many bility to the housing market and en- member that. As a developer, I was challenges this month and will face courage responsible homeownership. paying a 24.5 percent interest rate for many more this year. This resolution Congressman KEN CALVERT’s bill would construction projects I had, and if any- demonstrates this Congress’ commit- expand the homebuyer tax credit provi- body could even get a loan for 12 per- ment to assisting them and first-time sions included in the enacted stimulus cent, they would buy a house at that homebuyers in achieving the American bills. During these economically chal- lenging times, it is more important point in time. But you couldn’t get it. dream of homeownership. I hope we are doing what is right, than ever to provide tax relief to hard- b 1900 providing liquidity in the marketplace working families. to encourage people to take advantage I urge all of my colleagues to support In the first quarter of 2009, the home- of the deals that are out there today. this important resolution. ownership rate was 67.3 percent. It has But you see more and more lenders Mr. Speaker, I reserve the balance of become more difficult for many people having to foreclose on homes, and they my time. to retain homeownership today. Many are putting them on the marketplace. Mr. GARY G. MILLER of California. families are trying very hard just to be In fact, I have a bill right now that Mr. Speaker, I yield myself such time able to make their house payment each as I may consume. Chairman FRANK is going to be bring- and every month. ing up before the committee that al- Mr. Speaker, the month of June is In the past we have seen downturns lows banks, instead of forcing those recognized as National Homeownership in the seventies, eighties and nineties. homes on the marketplace, they can Month. On June 3, 2009, I introduced This is probably the most significant this bipartisan resolution with 12 of my lease those homes for up to 5 years, and one I have ever seen. At this point in that way you get a lot of these distress colleagues, including the ranking time we need to acknowledge that sup- member, and I would like to thank sales off the marketplace. porting homeownership is a worthy Hopefully we can find a reasonable MAXINE WATERS. As I recall, you have goal of this Congress, and I urge my bottom at that point in time and the been here every time on the floor colleagues to join me in supporting market will start to come back. But speaking with me. You are an ardent this resolution by voting ‘‘yes.’’ you have such a glut of foreclosed prop- supporter of housing. You understand Mr. Speaker, I reserve the balance of erties on the market today that it the benefit of that to communities and my time. keeps driving values down further and how it really helps people who need Ms. WATERS. Mr. Speaker, I would further, and that makes it more dif- homes. like to request of my colleague that we ficult for people to be able to stay in We are in a tough time, but we need join in a little colloquy prior to going their home, because many times they to acknowledge the importance of to our closing. owe more than it is worth. homeownership in building strong com- Representative MILLER, I know that So hopefully we can get together, and munities and families. Owning a home you have been involved with real estate we have done many of these things in a is a fundamental part of the American and housing and development and you bipartisan fashion, and create a struc- Dream and is the largest personal in- understand a lot about the housing ture that will create a bottom and get vestment most families will ever make. markets. And while we have identified us out of this. I am looking forward to For millions of American families, that there certainly are problems we that. homeownership provides an entry into have been going through, a crisis with But I am really thankful to you for the middle class, and is a key to build- foreclosures and a kind of a meltdown, your help and your cooperation and ing wealth. Moreover, in addition to I am extremely hopeful that we are your support for the housing market. providing financial benefits to individ- going to be able to stabilize this hous- You have a passion for that, as I do, uals, homeownership also helps ing market and that we can continue and I know SPENCER BACHUS does and strengthen communities. Homeowners to encourage our families to seek Chairman FRANK does also, and hope- have a greater stake in the success of homeownership opportunities. fully working together in a bipartisan their local schools, civic organizations I think we see some indications of fashion we can find a bottom and move and churches. the banks getting stronger and being the American people in a positive fash- We have recently experienced signifi- able to pay back money that the ion forward. cant upheaval in the U.S. housing mar- United States citizens have invested in Ms. WATERS. Thank you very much. ket which has affected the entire econ- the banks in order to stabilize this I do appreciate your comments, and I omy. My home State of California in housing market. But I would like to value them because of your experience. particular has been heavily impacted have your opinion: Based on your ex- Mr. Speaker, I reserve the balance of by the mortgage crisis, with thousands pertise and your involvement for so my time.

VerDate Nov 24 2008 03:55 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.119 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6372 CONGRESSIONAL RECORD — HOUSE June 9, 2009 Mr. AL GREEN of Texas. Mr. Speaker, it is consideration of the bill (H.R. 1886) to (2) honors Millard Fuller for three decades with great enthusiasm that I support H. Res authorize democratic, economic, and of leadership and service through Habitat for 502, recognizing June as National Homeown- social development assistance for Paki- Humanity, and the millions he and his orga- stan, to authorize security assistance nization have inspired to embrace a passion ership Month and the importance of homeown- for the good and the just; and ership in the United States. for Pakistan, and for other purposes, (3) urges the people of the United States to Since the founding of this great nation, and providing for consideration of the recognize and pay tribute to Millard Fuller’s homeownership has been fundamentally tied bill (H.R. 2410) to authorize appropria- life and legacy of service by carrying on his to the American Dream. However, the right to tions for the Department of State and vision for a kinder, gentler world, following own land or a home has not always been an the Peace Corps for fiscal years 2010 the example he so emphatically set. inclusive one—for many generations home- and 2011, to modernize the Foreign The SPEAKER pro tempore. Pursu- ownership was denied to communities of color Service, and for other purposes, which ant to the rule, the gentleman from and women. While we have taken great was referred to the House Calendar and Missouri (Mr. CLEAVER) and the gen- strides to rectify past injustices, much remains ordered to be printed. tleman from California (Mr. GARY G. to be done, which reflects the importance of f MILLER) each will control 20 minutes. this resolution. The Chair recognizes the gentleman Owning a home represents much more than CELEBRATING THE LIFE OF from Missouri. MILLARD FULLER a roof and walls to protect one’s family from GENERAL LEAVE the elements, or a space to raise a family. A Mr. CLEAVER. Mr. Speaker, I move Mr. CLEAVER. Mr. Speaker, I ask home is the single most valuable asset one to suspend the rules and agree to the unanimous consent that all Members can own, and the wealth it can generate over resolution (H. Res. 385) celebrating the may have 5 legislative days within time is crucially important for rising out of pov- life of Millard Fuller, a life which pro- which to revise and extend their re- erty. This reason alone, reflects the irrev- vides all of the evidence one needs to marks on this legislation and to insert ocable damage that the foreclosure crisis is in- believe in the power of the human spir- extraneous materials thereon. flicting on our communities. it to inspire hope and lift the burdens The SPEAKER pro tempore. Is there The bursting of the housing bubble and the of poverty and despair from the shoul- objection to the request of the gen- economic crisis have resulted in the loss of ders of one’s fellow man. tleman from Missouri? countless American homes; countless dreams The Clerk read the title of the resolu- There was no objection. have been disrupted, and countless Ameri- tion. Mr. CLEAVER. Mr. Speaker, I yield cans are now struggling to deal with the rami- The text of the resolution is as fol- myself such time as I may consume. fications of the actions of greedy, dishonest lows: Mr. Speaker, I rise this evening to businesspeople more focused on personal H. RES. 385 recognize and celebrate the life of Mr. gain than on truly honoring the dream of Whereas Mr. Millard Fuller, as the founder Millard Fuller, the founder and homeownership. of Habitat for Humanity and as a dedicated strength behind one of our Nation’s We now find ourselves at a critical point in citizen, displayed extraordinary commit- most well-known and beloved nonprofit American history. The housing and financial ment, selflessness, and benevolence through- institutions. markets are undergoing fundamental changes; out a lifetime of philanthropy and goodwill; Mr. Fuller led Habitat for Humanity and while the Administration and this legisla- Whereas Mr. Fuller, despite achieving fi- from its founding in 1976 until 2005. He tive body continue to work to implement pro- nancial success by which he could live out was an amazing man who was able to grams to sustain homeownership, we must not the rest of his life in well-earned comfort, in- turn a simple idea into a global hous- stead chose to devote himself to a cause forget those of us who are still working to real- greater than himself, abandoning his fortune ing juggernaut serving over 100 coun- ize the dream of owning their own home. for a life of service; tries. Through his leadership, Habitat I firmly believe that homeownership should Whereas this commitment was most pro- for Humanity has created affordable be a dream realized by every responsible foundly manifested in the establishment of homes for more than 300,000 families American, and believe that we should continue Habitat for Humanity in Americus, Georgia, and 1 million people, families that oth- to work to provide opportunities to make those an organization whose core principle was, in erwise would have remained in sub- realizations possible. Millard Fuller’s own words, ‘‘To make it so- standard housing. Mr. GARY G. MILLER of California. cially, morally, politically and religiously So, Mr. Speaker, I think that it is ap- I have no further speakers, and I yield unacceptable to have substandard housing propriate for this body to pass this res- and homelessness’’; back the balance of my time. Whereas Habitat for Humanity has, since olution for a gentleman who certainly Ms. WATERS. Mr. Speaker, I yield its founding in 1976, and with the help of is worthy of having this recognition. back the balance of my time. countless volunteers, constructed over Mr. Speaker, I reserve the balance of The SPEAKER pro tempore. The 300,000 homes for 1,500,000 of the world’s less my time. question is on the motion offered by fortunate, providing hope that would other- Mr. GARY G. MILLER of California. the gentlewoman from California (Ms. wise be lost and promise that would other- Mr. Speaker, I yield myself such time WATERS) that the House suspend the wise lay unrealized; as I may consume. rules and agree to the resolution, H. Whereas Habitat for Humanity’s success I rise in support of House Resolution has left an enduring mark of progress on the 502, celebrating the life of Millard Res. 502. world, an achievement facilitated by Millard The question was taken; and (two- Fuller’s leadership and commitment to a Fuller, founder of Habitat for Human- thirds being in the affirmative) the higher ideal, to a more empathetic and noble ity. Millard Fuller, along with his wife, rules were suspended and the resolu- world, and to a vision of what can be Linda, founded Habitat for Humanity tion was agreed to. achieved when a united people extend their in 1976. A motion to reconsider was laid on hands in selfless service; Habitat for Humanity operates as a the table. Whereas Mr. Fuller’s life has been pre- nonprofit Christian housing ministry. viously and deservedly honored by President f Working together with local affiliates, William Jefferson Clinton, who awarded him Habitat provides safe, decent and af- the Nation’s highest civilian honor, the Pres- REPORT ON RESOLUTION PRO- fordable housing for people of all back- VIDING FOR CONSIDERATION OF idential Medal of Freedom in 1996; and Whereas Millard Fuller passed away on grounds. Since its founding, Habitat H.R. 1886, PAKISTAN ENDURING for Humanity has built more than ASSISTANCE AND COOPERATION February 3, 2009, leaving behind a loving wife, Linda Fuller, a proud family, and a 300,000 homes worldwide in 3,000 com- ENHANCEMENT ACT OF 2009, AND world filled with inexhaustible gratitude: munities and provided housing for PROVIDING FOR CONSIDERATION Now, therefore, be it more than 1.5 million people. OF H.R. 2410, FOREIGN RELA- Resolved, That the House of Representa- Habitat for Humanity provides needy TIONS AUTHORIZATION ACT, FIS- tives— families with an opportunity for home- CAL YEARS 2010 AND 2011 (1) celebrates the life of Millard Fuller, a ownership. The average cost of a Habi- life which provides all the evidence one Mr. PERLMUTTER, from the Com- needs to believe in the power of the human tat home in the U.S. is $60,000. Habitat mittee on Rules, submitted a privi- spirit to inspire hope and lift the burdens of for Humanity sells homes at no profit leged report (Rept. No. 111–143) on the poverty and despair from the shoulders of to Habitat homeowners. In order to resolution (H. Res. 522) providing for one’s fellow man; purchase a home, a Habitat homeowner

VerDate Nov 24 2008 04:01 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.061 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6373 must invest hundreds of hours in sweat from his tireless efforts as a business- I yield back the balance of my time. equity into building not only their man, he soon found that in order to Mr. CLEAVER. Mr. Speaker, let me Habitat house, but houses for others as live a life of fulfillment, he had to dedi- just agree with my colleague, who well. A Habitat homeowner is also re- cate himself to a simple life of devo- talked about the living out of beliefs. sponsible for making a down payment tion and service to a higher purpose. I read a story in one the newspapers and monthly mortgage payments. b 1915 today which I thought was one of the Habitat for Humanity is able to fi- most theologically unsound things I’ve nance its operations through mortgage He traveled to Africa in order to ob- seen or read recently. It compared the serve what he could do to improve the payments made by Habitat home- times President Obama and President lot of the impoverished. He became a owners, donations and volunteer labor. Bush said the name ‘‘Jesus,’’ as if there staunch advocate for aid to Africa’s Habitat also accepts government funds, is something that is magically going to poor and traveled the United States for so long as they have no conditions that happen as a result of calling the name. assistance in his efforts for Africa. would violate Habitat principles. After moving to Americus, Georgia, And I think we are going into a slip- In my State of California, Habitat for which is located in the Second Congres- pery slope when we begin to compare Humanity has worked tirelessly to pro- sional District of Georgia, which I’m people by how they call the name of vide housing for needy Californians. proud to represent, Millard and his sup- their deity. Thousands of people have a decent porters founded what would become the But in the case of Millard Fuller, he place to live because of the work of most visible and effective manifesta- acted out his beliefs. And we believe in, many volunteers and the generosity of tion of his desire to make a difference, at least my religious tradition, that thousands of donors. an organization dedicated to providing there can be no faith, measurable faith, Mr. Speaker, Habitat for Humanity is housing and support for the poor, Habi- unless there are works. And we say an organization that deserves to be tat for Humanity. faith without works is dead. And so honored. I urge my colleagues to join For more than 30 years, Habitat for you see today on the political scene, a me and vote ‘‘yes’’ on this resolution. Humanity, with the help of countless lot of talk about religion, but after all I reserve the balance of my time. volunteers, ranging from the average is said and done, there’s almost always Mr. CLEAVER. Mr. Speaker, I yield 7 citizen to former President Jimmy more said than done. And so we have minutes to my colleague and friend, Carter, built hundreds of thousands of reason to stand up and celebrate Mr. the gentleman from Georgia, Mr. SAN- homes for the world’s disadvantaged. Fuller, who put his faith into action. FORD BISHOP. Its mission has reflected a simple phi- I never had the opportunity to work Mr. BISHOP of Georgia. I thank the losophy best expressed in Millard’s own on more than two Habitat homes, and I gentleman for yielding. words. He said, ‘‘We want to make it really hate the fact that I’ve not been Mr. Speaker, it often takes loss to re- socially, morally, politically and reli- able to do more. But I appreciate the mind ourselves of our unwavering ap- giously unacceptable to have sub- fact that former President Jimmy preciation and unfaltering gratitude standard housing and homelessness.’’ Carter has become one of the most ar- for those few extraordinary people who, In 1996, President Bill Clinton recog- dent supporters of Habitat for Human- despite their ability to enjoy tremen- nized Millard’s dedication by awarding ity and has actually worked on tens dous success and reward for them- him The Presidential Medal of Free- and tens of homes, not only in this selves, instead commit their energies dom. country, but around the world. and talents to the betterment of the In 2005, Millard also founded the And by the organization’s 25th anni- world. Fuller Center for Housing, a nonprofit versary, tens of thousands of people Millard Fuller of Americus, Georgia, housing ministry dedicated to elimi- like President Jimmy Carter were vol- was one of those extraordinary few. He nating poverty housing worldwide by unteering with Habitat, and more than passed away February 2nd, leaving be- providing the structure, guidance and a half million people were living in hind a wife and family, but, more im- support that communities need to Habitat homes. I am proud to count portantly, a legacy that is all the evi- build and repair homes for the impov- myself among the numbers of Habitat dence one needs to believe in the power erished among them. volunteers, and I’m also proud that I It is my great honor to sponsor H. of the human spirit to inspire hope and have the opportunity to speak in favor Res. 385, which celebrates the life of lift the burdens of poverty and despair of Millard Fuller, a prolific writer, au- from the shoulders of one’s fellow man. Millard Fuller and the impact that he had on so many. As this resolution is thoring 10 books, and a man who put Throughout his life, Millard Fuller’s his faith in action. talent and passion were put on display voted on today, let us seek to emulate Millard Fuller’s passion for the good Mr. Speaker, I yield the balance of in no small number of ways. He grew to and the just and his selfless spirit of a my time. be a great entrepreneur, founding a better, gentler world. The SPEAKER pro tempore. The marketing company that made him a I urge my colleagues to support this question is on the motion offered by millionaire before he was 30 years old. resolution to honor the life and the the gentleman from Missouri (Mr. He was a great lawyer and headed the memory and the legacy of Millard CLEAVER) that the House suspend the Southern Poverty Law Center in Mont- Fuller. rules and agree to the resolution, H. gomery, Alabama. He was a great Mr. GARY G. MILLER of California. Res. 385. Christian, one who walked away from Mr. Speaker, in closing, you have to The question was taken; and (two- his hard-earned wealth to pursue a life admire an individual who applies thirds being in the affirmative) the of service and philanthropy through Christian principles to his life. He rules were suspended and the resolu- the founding of the tremendously suc- didn’t just talk good. He didn’t just tell tion was agreed to. cessful Habitat for Humanity. a story, he created good and he created A motion to reconsider was laid on Millard led the organization for more a life for many people. the table. than three decades, and through the There’s nothing like looking in the f application of what he called the ‘‘eco- eyes of an individual or a family who is HONORING THE U.S. BORDER PA- nomics of Jesus,’’ helped to provide moving in a new home, especially when TROL ON ITS 85TH ANNIVERSARY over 300,000 homes to the destitute and the family was involved in that home, downtrodden across the globe. building that home, and helping build Ms. LORETTA SANCHEZ of Cali- However, more than any of these homes for other people. You have to fornia. Mr. Speaker, I move to suspend things, Millard was a great man. His admire him for what he did, and all the the rules and agree to the resolution selflessness serves as an inspiration to individuals in this country and other (H. Res. 498) honoring and congratu- people throughout the Nation and all countries who give of their time, their lating the U.S. Border Patrol on its across the world. talent and their resources for the bet- 85th anniversary. Born to a grocer in Lanett, Alabama, terment of humanity. The Clerk read the title of the resolu- Millard refused to allow his modest be- And at this point in time, I would tion. ginnings to define the course of his life. ask for an ‘‘aye’’ vote on a man who de- The text of the resolution is as fol- Although he attained great fortune serves it. lows:

VerDate Nov 24 2008 04:01 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.123 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6374 CONGRESSIONAL RECORD — HOUSE June 9, 2009 H. RES. 498 Whereas the Border Patrol recognizes 104 its agents have also testified many, Whereas in the early 20th century, control official line of duty deaths in service to their many times before our committee of the border was sporadic and piecemeal, country; about the challenges they face, par- and included mounted guards, Texas Rang- Whereas the U.S. Border Patrol has spent ticularly the Border Patrol’s rapid ers, and military troops; past 85 years keeping this country safe from threats like terrorists, illicit drugs, weapons, growth and its evolving mission in re- Whereas Supervising Inspector Frank W. cent years. Bershire wrote to the Commissioner-General and criminals; of Immigration in 1918, ‘‘If the services of Whereas the Border Patrol Inspectors of I don’t know if a lot of you remem- men now being drafted cannot be spared for the past and the Border Patrol Agents of ber, but just a few years back, our Bor- this work, it may be that the various depart- today perform their duties on foot, in auto- der Patrol was only 450 people. Today ments vitally interested would give favor- mobiles, by horse, and in boats; it numbers almost 19,000, and it’s on able consideration to the formation of an Whereas today the Border Patrol uses track to grow to 20,000 agents by the independent organization, composed of men state of the art technologies to aid in the end of next year. with out the draft age. The assertion is ven- performance of their duties; infrared cam- When it was founded, the Border Pa- tured that such an organization, properly eras, remote video surveillance, unattended trol’s sole mission was to prevent per- equipped and trained, made up of seasoned underground sensors, and ground radar sup- sons and contraband from entering our men, would guard the border more effec- port their National Strategy; tively against all forms of lawlessness than a Whereas they use canine teams to detect country illegally. But, in particular, in body of soldiers of several times the same both humans and narcotics at immigration the wake of the attacks of September number . . .’’; checkpoints as well as in daily operations; 11 of 2001, the Border Patrol is also Whereas the prohibition of alcohol and nu- Whereas their Special Response Teams and charged, it is our front line, with stop- merical limits placed on immigration to the Tactical Unit are specially trained for do- ping terrorists and their weapons from United States by the Immigration Acts of mestic and international emergencies and entering our country. 1921 and 1924 further exposed our inability to they have Search, Trauma, and Rescue In the early days of the Border Pa- control our borders; teams, which provide humanitarian and res- trol, agents patrolled our borders with- Whereas in response to this urgent need cue capabilities, performing countless res- out the benefit of modern technology. the Labor Appropriations Act of 1924 offi- cues every year; and cially established the U.S. Border Patrol Whereas the Border Patrol is also sup- But today they have sensors, cameras, with an initial force of 450 officers to help de- ported in their mission with air and marine in addition to their traditional ‘‘sign- fend our borders; assets and personnel from CBP Air and cutting’’ or their tracking skills, which Whereas over the past 85 years the border MarineNow, therefore, be it they still use in some of the moun- patrol has undergone enormous changes, but Resolved, That the House of Representa- tainous areas, especially out there in their primary mission has remained the tives— the Arizona and California desert. And same, to detect and prevent the illegal entry (1) expresses its support for the Border Pa- through all these changes, the Border of persons into the United States; trol’s goals and objectives; Patrol and its agents have maintained Whereas since 1998, the Border Patrol has (2) expresses its gratitude to the U.S. Bor- seized more than 15,567,100 pounds of mari- der Patrol for its commitment to protecting a steadfast commitment to serving our juana and more than 189,769 pounds of co- the United States; and Nation. caine nationwide; (3) congratulates the Border Patrol and its I commend the Border Patrol and all Whereas the border patrol is on the front exemplary workforce on 85 years of service the agents who have served honorably line of the U.S. war on drugs, having seized to the United States. under the Patrol’s proud 85-year his- more than 14,241 pounds of cocaine and more The SPEAKER pro tempore. Pursu- tory. It is certainly fitting that the than 1,800,000 pounds of marijuana in fiscal ant to the rule, the gentlewoman from House of Representatives is marking year 2007; this anniversary today with this reso- Whereas in the wake of the attacks of Sep- California (Ms. LORETTA SANCHEZ) and tember 11, 2001, the border patrol has taken the gentleman from Indiana (Mr. lution. on a new mission as part of the U.S. Customs SOUDER) each will control 20 minutes. And finally, Mr. Speaker, I congratu- and Border Protection agency, with the pri- The Chair recognizes the gentle- late Mr. TEAGUE, the gentleman from ority mission of preventing terrorists and woman from California. New Mexico, for offering this fine reso- terrorist weapons from entering the United GENERAL LEAVE lution, and I urge all of my colleagues States; Ms. LORETTA SANCHEZ of Cali- to give it their support. Whereas the U.S. Border Patrol today is Mr. Speaker, I reserve the balance of our Nation’s first line of defense against fornia. Mr. Speaker, I ask unanimous consent that all Members may have 5 my time. many threats, patrolling 8,000 miles of inter- Mr. SOUDER. Mr. Speaker, I yield national borders with Mexico and Canada legislative days in which to revise and extend their remarks and insert extra- myself such time as I may consume. and the coastal waters around Florida and I rise in support of H. Resolution 498, Puerto Rico; neous material on the resolution under celebrating the anniversary of the Bor- Whereas the mission of the agency says, consideration. ‘‘We are the guardians of our Nation’s bor- The SPEAKER pro tempore. Is there der Patrol and honoring their service. The Border Patrol was established in ders. We are America’s frontline. We safe- objection to the request of the gentle- the Immigration Act of 1924, and cele- guard the American homeland at and beyond woman from California? our borders. We protect the American public There was no objection. brated its 85th anniversary just re- against terrorists and the instrument of ter- cently on May 28, 2009. ror. We steadfastly enforce the laws of the Ms. LORETTA SANCHEZ of Cali- fornia. Mr. Speaker, I rise in strong The Border Patrol is one of the most United States while fostering our Nation’s public faces of the Department of economic security through lawful inter- support of House Resolution 498, hon- national trade and travel. We serve the oring and congratulating the United Homeland Security. For those who American public with vigilance, integrity States Border Patrol on its 85th anni- aren’t familiar with the differences, and professionalism.’’; versary, and I yield myself as much the Border Patrol covers the areas be- Whereas the Border Patrol has adopted a time as I may consume. tween the ports of entry as opposed to clear strategic goal, to establish and main- As the chairwoman of the Committee the ports of entry. The 18,000 men and tain operational control of the border of the on Homeland Security Subcommittee women in green work every day along United States; for Border, Maritime and Global Coun- the borders and coastlines of the Whereas this strategy consists of five main United States, often in some of the objectives, establishing substantial prob- terterrorism, I have been fortunate ability of apprehending terrorists and their enough to visit the border several most rugged and challenging terrain. weapons as they attempt to enter illegally times to see firsthand the good work of I have this outsized map here that between the ports of entry, deterring illegal the Border Patrol. I have seen it, not the Marfa sector of the Border Patrol entries through improved enforcement, de- just on the southern border with Mex- had given me from Texas. And this is tecting, apprehending, and deterring smug- ico, but also that with Canada. just one small section of the border, glers of humans, drugs, and other contra- These dedicated men and women pa- but I wanted to use it to illustrate a band, leveraging ‘‘Smart Border’’ technology trol America’s borders, often in harsh few points. Marfa, Texas, is one of the to multiply the effect of enforcement per- more, let’s just say, rural parts of sonnel, and reducing crime in border commu- climates, in isolated conditions, under nities and consequently improving quality of dangerous conditions, in order to keep America, which is why it was featured life and economic vitality of targeted areas; our Nation secure. in ‘‘No Country for Old Men,’’ ‘‘There Whereas today over 18,800 agents risk their Representatives of Customs and Bor- Will Be Blood,’’ because it was such a lives in pursuit of these objectives; der Protection, the Border Patrol, and kind of an undeveloped area.

VerDate Nov 24 2008 04:01 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.048 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6375 The area at the bottom on the point lives in duty to their country. Addi- newly organized El Paso Border Patrol Sta- is the big bend of Texas that you see. tionally, hundreds of assaults, from tion was assigned 25 Patrol Inspectors, many That’s Big Bend National Park. Those rockings to Molotov cocktails to of whom were recruited from the ranks of the Texas Rangers. Today, The Border Pa- mountains in that area, the Chisnos, threats on their lives occur every year trol boasts over 18,000 agents, in 20 sectors, are about 7,000 feet. A lot of people to our Border Patrol agents. and 164 stations around the nation. think our border is just flat and that it b 1930 Under the authority of the Immigration would be very easy to see all the prob- Act, approved by Congress on May 28, 1924, lems coming through, but, in fact, it’s As we celebrate the 85th anniversary the Border Patrol was created as a uni- very mountainous. of the Border Patrol, it is important to formed law enforcement branch of the Immi- The far northwest edge of this map, remember and honor the agents who gration Bureau. This prompted the establish- in the western side of the Marfa sector, have paid the ultimate sacrifice in de- ment of the El Paso Border Patrol Sector on July 1, 1924. It was the height of Prohibition is Presidio. Presidio is a point of entry. fense of our country. Luis Aguilar is the most recent who was run over by a in the United States, and organized crime That point of entry, for example, it’s was a growing concern, as the mafia con- called Presidio because it was a fort, drug smuggler trying to flee. As the trolled a majority of the alcohol being smug- and that’s where General Pershing, for guards of our borders, the Border Pa- gled into the United States. As a result, liq- example, chased Pancho Villa across. trol is an important layer of security uor smuggling from Mexico and Canada be- There’s no other legal point of entry and often the last line of defense in came a well organized, thriving industry. for hundreds of miles as you go across preventing dangerous people and goods The opportunity to earn substantial sums of money became a temptation for many illegal that border through Big Bend and up from entering the United States and infiltrating the U.S. communities. aliens that were willing to enter the United until the far side, which is near Lake States carrying a few crates of contraband. Amistad and Del Rio sector. These The Border Patrol cannot let down It wasn’t long before gun battles began to areas are very vulnerable to penetra- their guard as criminal organizations erupt between Border Patrolmen, and smug- tion by any number of things. are continually looking for vulnerabili- glers attempting to avoid arrest. In Feb- And a lot of times the Border Patrol, ties in our security to bring in contra- ruary 1927, El Paso Sector experienced one of as well as illustrating that the Na- band. The consequences of a drug load the bloodiest months for the agency. As old newspapers report, during the entire month, tional Park Service has a huge chunk that slips through the layered defense are significant. According to the De- there had not been a 24-hour period of time there, huge chunk over in other parks, without a gunfight between smugglers and that this border is not simple, and that partment of Justice, in 2007 almost 32 Patrol Inspectors. These gunfights added to when people say, Can’t you just put a percent of high school seniors used the renown of the Border Patrol, as patrol- couple of thousand agents there and marijuana in the past year and 5 per- men gained a reputation for winning most of control the border, well, no, it is an in- cent had used cocaine. The vast major- these shootouts. ity of these drugs are smuggled across Almost immediately after the establish- credible challenge. ment of the El Paso Station, a need was seen During my time in Congress, I have our borders. The reality of post-September 11, to have officers at outlying locations. Other had the opportunity to visit almost stations soon opened within the sector. The every Border Patrol sector on the 2001, is that terrorist organizations Border Patrol began to grow, as the situa- north and south borders. There’s 2,000 may also seek to exploit openings tion along the border was steadily deterio- miles on the south, 4,000 miles on the along our borders to smuggle rating. As the prohibition era reached the north. The challenges are diverse, and operatives or potential weapons. In the peak of its infamy; lawlessness and violence the criminal element seeking to ex- week since their anniversary, May 28, became more common along the water bor- ders of the Detroit Sector. Several Detroit ploit our open borders are inventive the Border Patrol has apprehended six alien gang members and four convicted Sector Patrol Inspectors were killed in the and have significant resources. Drug line of duty during this period, as smugglers smugglers are using helicopters, ultra- sex offenders, seized three guns, six attempting to bring contraband across the light aircraft, fast boats, and some- trailers carrying contraband, including border resorted to violence to protect their thing as simple as coyotes, forcing ille- one with 40 illegal aliens; seized 16,609 cargo from the Border Patrol Inspectors. gal aliens to carry 50-pound loads of pounds of marijuana, five vehicles and Eighty-five years later, the Border Patrol drugs on their back to bring in contra- an ultralight aircraft. And my favorite has evolved into the finest law enforcement organization in the world. On a daily basis, band. The challenge is endless and the is about 6 a.m. last Sunday, agents spotted an individual on a surf board the Border Patrol is confronted with a large mission is critical. number of threats that would never have In the 6-plus years that the Border approximately 200 yards offshore pad- been conceived of at the time of the agency’s Patrol has been in the Department of dling north of the international border inception. Criminal organizations have Homeland Security, their agency has in Imperial Beach. The surfer was hold- evolved as well, adopting a wide variety of doubled in size. Congress has provided ing a blue duffel bag. He released it as weapons and technology to aid them in their authorization funding for hundreds of agents approached. Soon after, the blue efforts to enter the United States while smuggling human cargo and other contra- miles of fencing and vehicle barriers, duffel floated ashore and was inspected by Border Patrol agents and had five band. Since 9–11, the agency has had to adapt which combined, total over 600 miles. yet again, to our nations newest threat; ter- Efforts to provide additional techno- packages of marijuana with an esti- rorism. The U.S. Border Patrol has proven logical resources to the Border Patrol mated street value at $75,000. They’re over its long history that its men and women through the SBInet program, that creative, if nothing else, and our Bor- are up to the task ahead, and stand ready at should, when complete, provide an ad- der Patrol has to be creative and per- our nation’s borders. ditional capability to detect and re- sistent in response. The U.S. Border Patrol will be hosting sev- eral events for the 85th Anniversary, includ- spond to illegal entry. I urge my colleagues to vote in favor of this resolution and to honor the Bor- ing a Headquarters celebration honoring all A sign that the efforts to gain oper- of the men and women, past and present, who ational control of the border are work- der Patrol, express support for their have made the Border Patrol what it is ing is the growing drug cartel violence important mission and pledge support today. in Mexico. Nearly 8,000 people have to enhance their capabilities to gain I reserve the balance of my time. been killed in drug-related violence in operational control over our border. Ms. LORETTA SANCHEZ of Cali- Mexico. It’s a tragic situation, and it is [From www.cbp.gov, Mar. 23, 2009] fornia. Mr. Speaker, I now yield 3 min- absolutely critical that we continue to 85 YEARS OF PROTECTED BY utes to my good friend, Mr. SILVESTRE support and strengthen the Govern- Thursday, May 28, 2009, will mark the 85th REYES from the great State of Texas ment of Mexico, headed by President anniversary of the United States Border Pa- who, by the way, has probably over 30 Calderon. trol. Founded in 1924, the U.S. Border Patrol years of experience in the Border Pa- At the same time, we must further was established in El Paso, Texas, and De- trol Agency. strengthen our own border security ef- troit, Michigan. The Purpose: To combat the Mr. REYES. Mr. Speaker, I thank the illegal entry of aliens, contraband, and the gentlewoman from California for yield- forts, and cannot be dependent on an- flow of illicit liquor from Mexico and Canada other nation doing that. into the United States. The U.S. Border Pa- ing me time, and I also want to thank The Border Patrol’s years of honor- trol is steeped in a long and rich history that you for your support of the men and able service have not been without is passed down to each new recruit as they women of the United States Border Pa- loss. To date, 104 agents have lost their begin their careers at the academy. The trol and the important work that you

VerDate Nov 24 2008 04:01 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.126 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6376 CONGRESSIONAL RECORD — HOUSE June 9, 2009 do through your chairmanship and the Ms. LORETTA SANCHEZ of Cali- Ms. LORETTA SANCHEZ of Cali- subcommittee that deals with border fornia. Mr. Speaker, I yield the gen- fornia. I yield the gentleman an addi- issues. tleman 30 more seconds. tional 30 seconds. Mr. Speaker, I rise today in strong Mr. REYES. Mr. Speaker, the U.S. Mr. TEAGUE. The Border Patrol support of House Resolution 498, a bill Border Patrol is vital to our Homeland agents, along with the other Federal that honors and congratulates the Security strategy and has evolved into agents, get the training they need to United States Border Patrol on its 85th one of our country’s finest law enforce- better perform their duties and adapt anniversary. And I also want to thank ment organizations. I’m a proud co- to the new challenges facing them. my good friend and neighbor, HARRY sponsor of Mr. TEAGUE’s resolution in In closing, the functions of the Bor- TEAGUE from New Mexico, the gen- honor of their 85th anniversary. I urge der Patrol are more important today tleman that has sponsored this legisla- all of my colleagues to support this than ever. We have given them an in- tion, for his support of the United bill, and I thank the men and women of credibly difficult task and the brave States Border Patrol men and women. the United States Border Patrol for men and women of the Border Patrol And the ranking member as well, working each and every day to keep us deserve the full support of Congress in thank you for your support. I think safe. achieving their goals. that the men and women of the United Mr. SOUDER. I continue to reserve. I would like to thank Congress- States Border Patrol do incredible Ms. LORETTA SANCHEZ of Cali- woman SANCHEZ, Chairman REYES, work. fornia. Mr. Speaker, I now yield 2 min- Chairman THOMPSON, Congressman The United States Border Patrol has utes to the gentleman who authored MCCAUL, and Majority Leader HOYER a unique and rich history that began on this particular resolution, the gen- for their leadership in helping bring May 28, 1924, when Congress passed the tleman from New Mexico (Mr. TEAGUE). this resolution to the floor. Labor Appropriations Act which offi- Mr. TEAGUE. Mr. Speaker, I rise Again, I urge all of my colleagues to cially established the U.S. Border Pa- today in support of H. Res. 498, a reso- join me in support of this resolution. trol in El Paso, Texas, and Detroit, lution honoring and congratulating the Mr. SOUDER. Mr. Speaker, I yield Michigan. Established during the U.S. Border Patrol on its 85th anniver- myself the balance of my time. First, I want to thank my friend and height of Prohibition in the United sary. This bill shows our support for chairman of the subcommittee, Ms. States, the initial 450 patrol inspectors the men and women who have served were not only charged with preventing SANCHEZ, who’s been an excellent lead- and are currently serving in our Na- er of our subcommittee and we work the entry of undocumented immigrants tion’s Border Patrol, and I encourage into the United States but were also together closely on many things, not my colleagues to vote with me in sup- just noncontroversial bills like today. I responsible for combating the entry of port of this resolution. thank Mr. TEAGUE for his leadership illicit liquor from Mexico and from The Border Patrol has undergone in- and my long-time friend, Mr. REYES, Canada. credible changes over the past 85 years. Eighty-five years later, the Border also the chairman of the Intelligence They have grown from an initial force Patrol has evolved to include almost Committee, not only for his work in of 450 to over 18,800 agents today. They 19,000 agents in 20 sectors and 164 sta- Congress but his work with the Border have learned to deal with new threats tions around our country. The brave Patrol. such as terrorists and weapons of mass men and women of the Border Patrol And again and most personally, destruction. And they have adapted are currently responsible for securing today I want to thank every agent, ground-breaking technologies—such as 8,000 miles of our international borders, every Border Patrol agent in America infrared cameras and unattended un- both with Mexico and Canada and the for helping protect us, as well as Chief derground sensors—to better face the coastal water around Florida and Puer- David Aguilar for his leadership and challenges confronting them. to Rico. Since 9/11, the Border Patrol further service. It sometimes gets a tad But despite these changes, their pri- has been on the front lines in our na- boring, sometimes it gets a little hot. mary mission has stayed the same: to tional strategy to detect and appre- On the Canadian border, sometimes it detect and prevent illegal entry of per- hend terrorists and their weapons as gets a little cold. It isn’t exactly the sons into the United States. As we all they attempt to illegally enter the most exciting job in America at all United States. know, doing this is no easy task. They times, but what each of these agents Before coming to Congress, I served must patrol over 8,000 miles of inter- does is extremely important to the national borders with Mexico and Can- for 261⁄2 years in the U.S. Border Patrol. safety of our Nation. For half of that time, I was a Border ada and the coastal waters around It may not be quite politically cor- Patrol sector chief, first in McAllen, Florida and Puerto Rico. They are our rect right now to talk about terrorism, Texas, and then in El Paso, Texas. As first line of defense against many but in fact it is a key part of our first the only Member of Congress with a threats, including terrorists, illicit line of defense in the border, and the background in border enforcement, I drugs, weapons, and criminals; and Border Patrol is a key part of that. am keenly aware of the invaluable they perform admirably at these tasks. And we haven’t had a terrorist attack work that these brave men and women Since 1998, the Border Patrol has on our soil since 9/11, partly because of perform for our country each and every seized more than 15 million pounds of our men and women in green. day. We have a lot to thank them for. marijuana and 189,000 pounds of co- It may not be quite politically cor- In these times of heightened secu- caine. Most importantly, border agents rect right now to talk about stopping rity, the U.S. Border Patrol and those have very dangerous jobs. They risk illegal immigration; but quite frankly, agents are not only vital in helping to their well-being every day on our be- the safety of our Nation, the integrity protect our country from terror half. In 85 years, 104 Border Patrol offi- of American citizenship requires legal, threats and illegal entry of drugs but cers have lost their lives in the line of orderly entry. This isn’t to say how they also apprehend and deter human duty. In my district, the Border Patrol many there should be, what type of im- smugglers and bring them to justice. has an especially active presence, the migration law we should have, but re- Oftentimes these agents are the first El Paso Border Patrol sector, which quires an orderly, legal process. So do people to respond in humanitarian sit- covers all of New Mexico, covers 262 many American jobs require this. uations in the desert by providing first miles of border and employs over 2,600 And it may not be quite politically aid, food, water, and shelter to people agents. In fiscal year 2008 alone, they correct right now to talk about stop- that have gotten in trouble because of made over 30,000 apprehensions and ping illegal drugs, but in doing so, the the heat and the distance that they’re seized over 87,000 pounds of marijuana. agents of the Border Patrol have made forced to travel in remote areas. Bor- Also in my district, in the town of our streets safer, they have helped pre- der Patrol agents perform countless Artesia, we have the Federal Law En- vent child and spousal abuse, they have rescues every year and provide critical forcement Training Center at this fa- lowered emergency rooms admissions, training to law enforcement, both at cility which covers over 220 acres of they have helped people make child home and abroad. space. support payments by helping them The SPEAKER pro tempore. The The SPEAKER pro tempore. The hold their jobs because of illegal nar- time of the gentleman has expired. time of the gentleman has expired. cotics and other things causing them

VerDate Nov 24 2008 04:01 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.128 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6377 to lose their jobs or by intercepting which honors and congratulates the U.S. Bor- tive List’’ and was featured on ‘‘America’s them or driving the prices up because der Patrol on its 85th anniversary. Most Wanted.’’ Further, just this month, they of what they intercept. Much has changed since 1924, when Con- were there to seize close to $1.5 million in co- We’re never going to stop all drug gress formally established the U.S. Border Pa- caine and marijuana along the Southern bor- abuse. And every Border Patrol agent trol and charged just 450 officers with securing der. knows he can’t. But what he knows is our Nation’s borders. The Border Patrol is this nation’s first line of he can intercept large numbers that Today, more than 18,000 Border Patrol defense against many threats. They patrol would have gone to the streets and the agents patrol 8,000 miles of international bor- over 8,000 miles of international borders with homes of America and would have re- ders with Mexico, Canada and the coastal wa- Mexico and Canada as well as the coastal wa- sulted in huge problems in crime and ters around Florida and Puerto Rico. ters around Florida and Puerto Rico. family safety in America. Previously, the Border Patrol was respon- The brave men and women of the Border So maybe we don’t want to call it the sible only for stopping illegal aliens and con- Patrol work tirelessly to secure and facilitate war on drugs anymore. Instead we call traband from crossing our borders—an enor- trade and travel while enforcing hundreds of it a disease, and for those who get ad- mous challenge on its own. U.S. regulations, including immigration and dicted, it is a disease. But in fact un- But in the wake of the terrorist attacks on drug laws. They keep our country safe from like doctors and nurses who fight can- September 11, 2001, Border Patrol’s mission threats such as terrorists, illicit drugs, weap- cer, or researchers who fight cancer or was expanded to include preventing terrorists ons, and criminals. Today over 18,800 Border people who fight lupus or diabetes, the and their instruments from entering the United Patrol Agents risk their lives in defense of our Border Patrol agents are getting shot States. country. These brave men and women join at and they die. One thing has not changed in the last 85 thousands of others who have served our So whether we want to call it a war years, however. country in the Border Patrol over the last 85 or whatever we want to call it, the in- The men and women of the Border Patrol years. dividuals who use these illegal nar- continue to risk their lives serving the Amer- America can rest assured that its borders cotics do not wake up one morning and ican public with vigilance, integrity and profes- and homeland will be protected by the coura- suddenly discover that a heroin needle sionalism. geous men and women of the U.S. Border Pa- got put in their arm or that somehow As Chairman of the Committee on Home- trol. I commend the U.S. Patrol on its proud they were snorting crack in their sleep land Security, I have been to our borders and and distinguished history of protecting the or snorting cocaine in their sleep. In seen firsthand Border Patrol agents serving United States and strongly urge my colleagues fact, it is somewhat different. And I our Nation, often under very difficult condi- to support this important resolution. Ms. LORETTA SANCHEZ of Cali- want to make sure that our men and tions. women of the Border Patrol understand That is why I am pleased to support this fornia. Mr. Speaker, I yield back the that there is bipartisan support to resolution, in honor of all those helping to se- balance of my time. The SPEAKER pro tempore. The making sure that we keep our border cure America’s borders today and throughout question is on the motion offered by secure; that we continue to block ille- the Border Patrol’s 85-year history. the gentlewoman from California (Ms. gal narcotics; that we continue to Finally, Mr. Speaker, I would thank the gen- block terrorists; and you are our first LORETTA SANCHEZ) that the House sus- tleman from New Mexico, Mr. TEAGUE, for au- pend the rules and agree to the resolu- line of defense on our huge borders, and thoring H. Res. 498. we cannot thank you enough for risk- tion, H. Res. 498. His congressional district includes Artesia, The question was taken; and (two- ing your lives for the rest of us. New Mexico, home to the Border Patrol Acad- I yield back. thirds being in the affirmative) the emy, where thousands of new Border Patrol Ms. LORETTA SANCHEZ of Cali- rules were suspended and the resolu- agents have been trained. fornia. Mr. Speaker, I am prepared to tion was agreed to. Mr. TEAGUE’S constituents are fortunate to close, and I yield myself as much time A motion to reconsider was laid on have a strong advocate for that fine facility as I may consume. the table. and for the Border Patrol as an organization. I thank the gentleman from Indiana, f my ranking member on the sub- Again, I urge all of my colleagues to support this very worthy resolution, and join in hon- STATUTORY PAY-AS-YOU-GO ACT committee that oversees all of the bor- OF 2009—MESSAGE FROM THE der issues for America. He’s been a oring and congratulating the U.S. Border Pa- trol on its 85th anniversary. PRESIDENT OF THE UNITED strong advocate for the Border Patrol STATES (H. DOC. NO. 111–46) as well as for all of the agencies, really, Mr. AL GREEN of Texas. Mr. Speaker, I join that sit within our jurisdiction. And so my colleagues in support of H. Res. 498, a The SPEAKER pro tempore laid be- I thank him for taking the time to- resolution honoring and celebrating the United fore the House the following message night to be down here and helping to States Border Patrol on its 85th Anniversary. from the President of the United The United States Border Patrol is a federal work on this bill. States; which was read and, together You know, the Border Patrol just law enforcement agency within U.S. Customs with the accompanying papers, referred doesn’t work at the southern and the and Border Protection (CBP), a component of to the Committee on the Budget and northern border. As was mentioned, the Department of Homeland Security (DHS). ordered to be printed: we’ll see them in Puerto Rico and some The Border Patrol was founded on May 28, To the Congress of the United States: other areas, and also we send them to 1924 as an agency of the United States De- Today I am pleased to submit to the other countries to train people as to partment of Labor to prevent illegal entries Congress the enclosed legislative pro- the whole issue of border patrol and along the Mexico-United States border. posal, the ‘‘Statutory Pay-As-You-Go how to take a look at what’s coming The Border Patrol’s mission remains as the Act of 2009,’’ or ‘‘PAYGO,’’ together in. In fact, in Iraq we’ve sent several to deterrence, detection and apprehension of ille- with a sectional analysis. help to set up some of the border patrol gal immigrants and individuals involved in the The deficits that my Administration issues out there in that country. illegal drug trade who generally do not enter inherited reflect not only a severe eco- the United States through designated ports of nomic downturn but also years of fail- b 1945 entry. ing to pay for new policies—including So we have a large group of men and Ever since its founding, the U.S. Border Pa- large tax cuts that disproportionately women who come to work every single trol has been there defending our borders and benefited the affluent. This failure of day, love America, and work very hard homeland. They were there to prevent Ahmed fiscal discipline contributed to trans- on behalf of the American people. And Ressam, also known as the ‘‘Millennium forming surpluses projected at the be- for this reason, Mr. Speaker, I whole- Bomber,’’ from entering this country and killing ginning of this decade into trillions of heartedly support House Resolution our citizens with explosives he intended to dollars in deficits. I am committed to 498, honoring and congratulating the detonate at the Los Angeles International Air- returning our Government to a path of Border Patrol on its 85th anniversary, port during the holiday season prior to the fiscal discipline, and PAYGO rep- and I urge the rest of my colleagues to 2000 millennium. They were there to appre- resents a key step back to the path of do the same. hend Richard Goldberg, a suspected child mo- shared responsibility. Mr. THOMPSON of Mississippi. Mr. Speak- lester, after he was arrested in Ottawa, Can- PAYGO would hold us to a simple but er, I rise in strong support of H. Res. 498, ada. Goldberg was on the FBI’s ‘‘Top 10 Fugi- important principle: we should pay for

VerDate Nov 24 2008 04:01 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.130 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6378 CONGRESSIONAL RECORD — HOUSE June 9, 2009 new tax or entitlement legislation. Colonel Mark E. Stratton, II. The som- War II, Texas A&M produced over 14,000 Creating a new non-emergency tax cut ber silence of the grave sites was bro- officers, more than came from West or entitlement expansion would require ken with this tribute. Point or Annapolis combined. Mark offsetting revenue increases or spend- Colonel Stratton trained as a navi- was a proud Texas Aggie. ing reductions. gator on an Air Force KC–135. In his Mark is survived by his wife, Jen- In the 1990s, statutory PAYGO en- honor, one of these massive aircraft nifer, and their three children, along couraged the tough choices that helped flew low and slow over Arlington Ceme- with his mother, stepfather, and his to move the Government from large tery, over the flag-draped coffin of one brother, Michael. Mark’s late father deficits to surpluses, and I believe it of Air Force’s finest. He gave his life and namesake served as an Army cap- can do the same today. Both houses of helping the Afghan people to know dig- tain in the Vietnam War. His step- Congress have already taken an impor- nity of a life lived in freedom. mother, Debby Young, lives in south- tant step toward righting our fiscal He was assigned to the Joint Staff at west Houston. Mark’s brother, Michael, course by adopting congressional rules the Pentagon here in Washington, D.C. and stepbrother, Steven, also live in incorporating the PAYGO principle. and he served as the commander of the the Houston area. But we can strengthen enforcement Panjshir Provincial Reconstruction A great testament to Mark’s life is and redouble our commitment by en- Team in Afghanistan. On May 26, 2009, the lives he forever changed through acting PAYGO into law. Mark died near Bagram Airfield of his work; every structure, every canal Both the Budget I have proposed and wounds that he sustained from an im- and road well traveled. Every school the Budget Resolution approved by the provised explosive device, what we call Mark helped build will offer genera- Congress would cut the deficit in half an IED. tions of Afghan children the oppor- by the end of my first term, while lay- Mark had strong Texas ties. He grad- tunity that comes from education. ing a new foundation for sustained and uated from Texas A&M University in Every clinic he helped build will be a widely shared economic growth December of 1991 with a degree in polit- place where sickness will be cured, through key investments in health, ical science. And while at Texas A&M, where human suffering is relieved, and education, and clean energy. Enacting he was a member of Squadron 1 in the where lives are being saved every day. statutory PAYGO would complement Corps of Cadets. He received his com- Mark has left a noble legacy as he these efforts and represent an impor- mission through the Reserve Officer has come to the end of this Earthly tant step toward strengthening our Training Corps in 1992. He has numer- journey. It is for others now to pick up budget process, cutting deficits, and re- ous Air Force commendations, includ- the torch he used to light a way for the ducing national debt. Ultimately, how- ing the Purple Heart and the Bronze Afghan people in the rugged mountains ever, we will have to do even more to Star. and deserts of this remote nation. restore fiscal sustainability. He is remembered by friends as a Mr. Speaker, it has been said, ‘‘The I urge the prompt and favorable con- man of unquestionable character and legacy of heroes is the memory of a sideration of this proposal. loyalty. He was a patriotic individual great name and the inheritance of a BARACK OBAMA. who exemplified the spirit of the Amer- great example.’’ Next year, on April 21, THE WHITE HOUSE, June 9, 2009. ican airman. at Aggie Muster, Lieutenant Colonel Lieutenant Colonel Gil Delgado, f Mark Stratton’s name will be called. Mark’s former roommate at Texas His name and life will be remembered SPECIAL ORDERS A&M, described Mark as a man who by Aggies and other grateful Ameri- The SPEAKER pro tempore. Under passionately loved God, his family, his cans and by his Air Force buddies. But the Speaker’s announced policy of Jan- friends and his country, and it showed no doubt the people of Afghanistan will uary 6, 2009, and under a previous order in everything Mark did. also remember the man from America, of the House, the following Members Through his heroic work in Afghani- the Air Force colonel who built their will be recognized for 5 minutes each. stan, Mark lived a life helping other schools, their water wells, and their people. His time was spent building villages. And maybe those villagers f roads and clinics, schools and canals will return once more to that moun- The SPEAKER pro tempore. Under a for the Afghan people. He was an am- taintop and pay tribute to this Amer- previous order of the House, the gentle- bassador for the American spirit. He ican hero, Lieutenant Colonel Mark woman from California (Ms. WOOLSEY) described the job to family and friends Stratton. is recognized for 5 minutes. as the best he had ever had in his en- And that’s just the way it is. (Ms. WOOLSEY addressed the House. tire career. When he was killed, Mr. f Her remarks will appear hereafter in Speaker, the villagers in Afghanistan the Extensions of Remarks.) had a memorial service in his honor. EQUAL RIGHTS FOR HEALTH CARE f Mark held a deep sense of tradition. ACT—TITLE 42 Just a few weeks prior to his death, The SPEAKER pro tempore. Under a AIR FORCE LIEUTENANT COLONEL Mark made a special effort to share his previous order of the House, the gentle- MARK E. STRATTON, II Texas Aggie spirit with the Afghan woman from California (Ms. RICHARD- The SPEAKER pro tempore. Under a friends that he had met. Mr. Speaker, SON) is recognized for 5 minutes. previous order of the House, the gen- each April 21, the day Texas gained Ms. RICHARDSON. Mr. Speaker, I tleman from Texas (Mr. POE) is recog- independence, Aggies from Texas A&M rise today to introduce H.R. 2744, the nized for 5 minutes. observed what is called Aggie Muster. Equal Rights for Health Care Act— Mr. POE of Texas. Mr. Speaker, noble This occasion is where all Aggies gath- Title 42. The concept of equal rights is sacrifice dominates the character of a er in all parts of the world to honor a pillar of our Nation and the reason man who so willingly dedicates his life Aggies who have died the previous why so many immigrate here to the for others. There are none who under- year. United States. stand that any better today than the Even though Mark was the only Indeed, the U.S. was founded on the men and women in our U.S. military. Aggie within 100 miles of his forward principle that all Americans should They personify the very essence of operating base, he convinced the have the inalienable rights of life, lib- what it means to be an American. Panjshir Provincial Governor and his erty, and the pursuit of happiness. In Today, under the morning sky at Ar- security detail to join him atop a near- order to enjoy this blessing of life and lington Cemetery, myself and other by mountain to observe the very spe- liberty, however, one must be healthy, Members of Congress—ROB WITTMAN cial occasion of Aggie Muster. One and that means they have the benefit from Virginia, JO BONNER from Ala- Aggie Air Force colonel and Afghan of equal treatment and research. bama, and Senator SESSIONS from Ala- villagers paid tribute to Americans For example, men and women have bama—joined several hundred other who died the previous year; that must different symptoms when it comes to family members and friends as a 21-gun have been a sight to see. heart disease. Unlike men, most salute and ‘‘Taps’’ was played for Texas Aggies have a long tradition of women do not experience chest pain. Lieutenant military service. In fact, during World Instead, 71 percent of the women report

VerDate Nov 24 2008 04:01 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.047 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6379 having flu-like symptoms, and pa- received adult immunization shots was tached copy of the Rules of the Committee tients, doctors, and researchers need to only 47 percent, as compared to 70 per- on Standards of Official Conduct for the U.S. make sure that emergency attendants, cent of Caucasians. House of Representatives for the 111th Con- tests, and prescription drugs are in- In 2000, the infant mortality rate gress. The Committee on Standards of Offi- cial Conduct originally adopted these rules formed about the differences that we among Native Hawaiians was 60 per- pursuant to House Rule XI, clause 2(a)(1) on might have. cent higher than Caucasians. February 10, 2009, and made revisions to con- H.R. 2744, the Equal Rights for b 2000 form with House rules pertaining to the Of- Health Care Act—Title 42, will prohibit fice of Congressional Ethics on June 9, 2009. discrimination in health care services And the rate of leg amputations as a I am submitting these rules for publication and research programs that receive result of diabetes is four times greater in compliance with House Rule XI, clause Federal funding based upon sex, race, of African Americans who receive 2(a)(2). color, national origin, sexual orienta- Medicare than their counterparts, Cau- RULES, COMMITTEE ON STANDARDS OF OFFI- tion, gender identity, or disability sta- casians. CIAL CONDUCT, ADOPTED FEBRUARY 10, 2009, tus. A list of disparities can go on and on, AMENDED JUNE 9, 2009, 111TH CONGRESS Civil rights laws have historically and so we must put an end to this in- FOREWORD been a powerful mechanism for effect- equality. Therefore, I have introduced The Committee on Standards of Official ing necessary change in the United H.R. 2744 so that Congress can take an- Conduct is unique in the House of Represent- States. Each law represents a national other step towards equal rights, and I atives. Consistent with the duty to carry out look forward to my colleagues on both its advisory and enforcement responsibilities commitment to end discrimination and in an impartial manner, the Committee is to establish a mandate to bring the ex- sides of the aisle joining me. the only standing committee of the House of cluded into the mainstream. These I’m proud to have a long list of di- Representatives the membership of which is equal rights laws ensure that the Fed- verse organizations that are supporting divided evenly by party. These rules are in- eral Government delivers on the Con- this legislation, groups such as the tended to provide a fair procedural frame- stitution’s promise of equal opportuni- Family Equality Council, the Families work for the conduct of the Committee’s ac- ties so that every individual has the United States of America, and, lastly, tivities and to help ensure that the Com- right to develop his or her talents. the National Minority Quality Forum. mittee serves well the people of the United I urge all my colleagues to support States, the House of Representatives, and Health care should be no exception. the Members, officers, and employees of the In 1971, only 18 percent of women, this legislation that ensures that equal House of Representatives. compared to 26 percent of men, had services once and for all will also ex- PART I—GENERAL COMMITTEE RULES completed 4 years or more of college. tend to health care as well, from diag- RULE 1. GENERAL PROVISIONS In 1972, the title IX amendment was in- nosis to treatment, and it’s a part of (a) So far as applicable, these rules and the troduced by Representatives Edith the fast-growing health care debate. Rules of the House of Representatives shall Green of Oregon and Patsy Mink of Ha- It’s important that a statement of be- be the rules of the Committee and any sub- waii. In 1980, I attended the University liefs is made when we reform health committee. The Committee adopts these of California, Santa Barbara, where I care. Equality must be a founding prin- rules under the authority of clause 2(a)(1) of played on the women’s basketball ciple, and we must insist that as health Rule XI of the Rules of the House of Rep- team. I witnessed firsthand that there care debates move forward, we take the resentatives, 111th Congress. was a difference between playing on time to ensure that all Americans have (b) The rules of the Committee may be the women’s team and the men’s team. the same rights. Let’s move forward on modified, amended, or repealed by a vote of a majority of the Committee. For example, for women, we had to title XLII as we did in title IX. (c) When the interests of justice so require, travel in two or three vans to go to all f the Committee, by a majority vote of its of our away games, where the men The SPEAKER pro tempore (Mrs. members, may adopt any special procedures, were allowed to fly on a plane. You HALVORSON). Under a previous order of not inconsistent with these rules, deemed might say why is that something that the House, the gentleman from North necessary to resolve a particular matter be- fore it. Copies of such special procedures was important? Well, we lost instruc- Carolina (Mr. JONES) is recognized for 5 tion time, we had time in general lost, shall be furnished to all parties in the mat- minutes. ter. preparation was lost, and recuperation (Mr. JONES addressed the House. His (d) The Chair and Ranking Minority Mem- was lost. That’s why title IX was so im- remarks will appear hereafter in the ber shall have access to such information portant. Extensions of Remarks.) that they request as necessary to conduct In 2007, we celebrated the 35th anni- Committee business. f versary of title IX, which assured the RULE 2. DEFINITIONS women’s right to education equality. The SPEAKER pro tempore. Under a previous order of the House, the gentle- (a) ‘‘Committee’’ means the Committee on And the U.S. Department of Education Standards of Official Conduct. showed that 56 percent of all women, woman from Ohio (Ms. KAPTUR) is rec- (b) ‘‘Complaint’’ means a written allega- compared to 44 percent of men, now ognized for 5 minutes. tion of improper conduct against a Member, have achieved 4 years or more of col- (Ms. KAPTUR addressed the House. officer, or employee of the House of Rep- lege. So title IX has been working. Her remarks will appear hereafter in resentatives filed with the Committee with Federal law prohibits discrimination the Extensions of Remarks.) the intent to initiate an inquiry. (c) ‘‘Inquiry’’ means an investigation by an across a wide array of public policy f investigative subcommittee into allegations arenas, none more than when you con- The SPEAKER pro tempore. Under a against a Member, officer, or employee of sider the difference between voting, previous order of the House, the gen- the House of Representatives. public education, and now what we tleman from Texas (Mr. PAUL) is recog- (d) ‘‘Investigate,’’ ‘‘Investigating,’’ and/or should do in health care. nized for 5 minutes. ‘‘Investigation’’ mean review of the conduct H.R. 2744, the Equal Rights for (Mr. PAUL addressed the House. His of a Member, officer or employee of the Health Care Act—Title 42, seeks to remarks will appear hereafter in the House of Representatives that is conducted have the same effect on the health care or authorized by the Committee, an inves- Extensions of Remarks.) tigative subcommittee, or the Chair and community. Despite access to health f Ranking Minority Member of the Com- care, patients are not always in geo- mittee. graphic proximity to medical facilities PUBLICATION OF THE RULES OF (e) ‘‘Board’’ means the Board of the Office that can provide the consistent care THE COMMITTEE ON STANDARDS of Congressional Ethics. that is needed. OF OFFICIAL CONDUCT 111TH (f) ‘‘Referral’’ means a report sent to the According to the Centers for Disease CONGRESS Committee from the Board pursuant to House Rules and all applicable House Resolu- Control and Prevention, the age-ad- The SPEAKER pro tempore. Under a justed death rate for all cancers for Af- tions regarding the conduct of a House Mem- previous order of the House, the gentle- ber, officer or employee, including any ac- rican Americans in 2001 was 20 percent woman from California (Ms. ZOE companying findings or other supporting higher than Caucasian Americans. In LOFGREN) is recognized for 5 minutes. documentation. 2002, the percentage of Hispanics and Ms. ZOE LOFGREN of California. Madam (g) ‘‘Investigative Subcommittee’’ means a Latinos who were 65 years or older and Speaker, I submit for publication the at- subcommittee designated pursuant to Rule

VerDate Nov 24 2008 06:00 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.136 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6380 CONGRESSIONAL RECORD — HOUSE June 9, 2009 19(a) to conduct an inquiry to determine if a (2) A request for privately-sponsored travel the Committee may require that the re- Statement of Alleged Violation should be of a Member, officer, or employee shall in- quester submit evidence that the employing issued. clude a completed and signed Traveler Form authority knows of the conduct. (h) ‘‘Statement of Alleged Violation’’ that attaches the Private Sponsor Certifi- RULE 4. FINANCIAL DISCLOSURE means a formal charging document filed by cation Form and includes all information re- (a) In matters relating to Title I of the an investigative subcommittee with the quired by the Committee’s travel regula- Ethics in Government Act of 1978, the Com- Committee containing specific allegations tions. A private sponsor offering officially- mittee shall coordinate with the Clerk of the against a Member, officer, or employee of connected travel to a Member, officer, or em- House of Representatives, Legislative Re- the House of Representatives of a violation ployee must complete and sign a Private source Center, to assure that appropriate in- of the Code of Official Conduct, or of a law, Sponsor Certification Form, and provide a dividuals are notified of their obligation to rule, regulation, or other standard of con- copy of that form to the invitee(s). file Financial Disclosure Statements and duct applicable to the performance of official (3) Any individual who knowingly and will- that such individuals are provided in a time- duties or the discharge of official respon- fully falsifies, or who knowingly and will- ly fashion with filing instructions and forms sibilities. fully fails to file a Traveler Form or Private developed by the Committee. (i) ‘‘Adjudicatory Subcommittee’’ means a Sponsor Certification Form may be subject (b) The Committee shall coordinate with subcommittee designated pursuant to Rule to civil penalties and criminal sanctions pur- the Legislative Resource Center to assure 23(a) that holds an adjudicatory hearing and suant to 18 U.S.C. 1001. determines whether the counts in a State- (g) The Office of Advice and Education that information that the Ethics in Govern- ment of Alleged Violation are proved by shall prepare for the Committee a response ment Act requires to be placed on the public clear and convincing evidence. to each written request for an opinion from record is made public. (c) Any Financial Disclosure Reports filed (j) ‘‘Sanction Hearing’’ means a Committee a Member, officer, or employee. Each re- by Members of the Board of the Office of hearing to determine what sanction, if any, sponse shall discuss all applicable laws, Congressional Ethics that are forwarded to to adopt or to recommend to the House of rules, regulations, or other standards. Representatives. (h) Where a request is unclear or incom- the Committee by the Clerk shall not be sub- (k) ‘‘Respondent’’ means a Member, officer, plete, the Office of Advice and Education ject to paragraphs (d) through (q) of this or employee of the House of Representatives may seek additional information from the Rule regarding Financial Disclosure State- who is the subject of a complaint filed with requester. ments filed pursuant to Title I of the Ethics the Committee or who is the subject of an in- (i) The Chair and Ranking Minority Mem- in Government Act of 1978. The Office of Con- quiry or a Statement of Alleged Violation. ber are authorized to take action on behalf gressional Ethics retains jurisdiction over (l) ‘‘Office of Advice and Education’’ refers of the Committee on any proposed written review of the timeliness and completeness of to the Office established by section 803(i) of opinion that they determine does not require filings by Members of the Board as the the Ethics Reform Act of 1989. The Office consideration by the Committee. If the Chair Board’s supervising ethics office. handles inquiries; prepares written opinions or Ranking Minority Member requests a (d) The Chair and Ranking Minority Mem- in response to specific requests; develops written opinion, or seeks a waiver, exten- ber are authorized to grant on behalf of the general guidance; and organizes seminars, sion, or approval pursuant to Rules 3(m), Committee requests for reasonable exten- workshops, and briefings for the benefit of 4(c), 4(e), or 4(h), the next ranking member of sions of time for the filing of Financial Dis- the House of Representatives. the requester’s party is authorized to act in closure Statements. Any such request must (m) ‘‘Member’’ means a Representative in, lieu of the requester. be received by the Committee no later than or a Delegate to, or the Resident Commis- (j) The Committee shall keep confidential the date on which the Statement in question sioner to, the U.S. House of Representatives. any request for advice from a Member, offi- is due. A request received after such date RULE 3. ADVISORY OPINIONS AND WAIVERS cer, or employee, as well as any response may be granted by the Committee only in (a) The Office of Advice and Education thereto. Upon request of any Member, offi- extraordinary circumstances. Such exten- shall handle inquiries; prepare written opin- cer, or employee who has submitted a writ- sions for one individual in a calendar year ions providing specific advice, including re- ten request for an opinion or submitted a re- shall not exceed a total of 90 days. No exten- views of requests for privately-sponsored quest for privately-sponsored travel, the sion shall be granted authorizing a non- travel pursuant to the Committee’s travel Committee may release to the requesting in- incumbent candidate to file a statement regulations; develop general guidance; and dividual a copy of their own written request later than 30 days prior to a primary or gen- organize seminars, workshops, and briefmgs for advice or submitted travel forms, any eral election in which the candidate is par- for the benefit of the House of Representa- subsequent written communications between ticipating. tives. such individual and Committee staff regard- (e) An individual who takes legally suffi- (b) Any Member, officer, or employee of ing the request, and any Committee advisory cient action to withdraw as a candidate be- the House of Representatives may request a opinion or travel letter issued to that indi- fore the date on which that individual’s Fi- written opinion with respect to the propriety vidual in response. The Committee shall not nancial Disclosure Statement is due under of any current or proposed conduct of such release any internal Committee staff work the Ethics in Government Act shall not be Member, officer, or employee. product, communications or notes in re- required to file a Statement. An individual (c) The Office of Advice and Education may sponse to such a request, except as author- shall not be excused from filing a Financial provide information and guidance regarding ized by the Committee. Disclosure Statement when withdrawal as a laws, rules, regulations, and other standards (k) The Committee may take no adverse candidate occurs after the date on which of conduct applicable to Members, officers, action in regard to any conduct that has such Statement was due. and employees in the performance of their been undertaken in reliance on a written (f) Any individual who files a report re- duties or the discharge of their responsibil- opinion if the conduct conforms to the spe- quired to be filed under title I of the Ethics ities. cific facts addressed in the opinion. in Government Act more than 30 days after (d) In general, the Committee shall provide (1) Information provided to the Committee the later of— a written opinion to an individual only in re- by a Member, officer, or employee seeking (1) the date such report is required to be sponse to a written request, and the written advice regarding prospective conduct may filed, or opinion shall address the conduct only of the not be used as the basis for initiating an in- (2) if a filing extension is granted to such inquiring individual, or of persons for whom vestigation under clause 3(a)(2) or clause 3(b) individual, the last day of the filing exten- the inquiring individual is responsible as em- of Rule XI of the Rules of the House of Rep- sion period, is required by such Act to pay a ploying authority. resentatives, if such Member, officer, or em- late filing fee of $200. The Chair and Ranking (e) A written request for an opinion shall ployee acts in good faith in accordance with Minority Member are authorized to approve be addressed to the Chair of the Committee the written advice of the Committee. requests that the fee be waived based on ex- and shall include a complete and accurate (m) A written request for a waiver of traordinary circumstances. statement of the relevant facts. A request clause 5 of House Rule XXV (the House gift (g) Any late report that is submitted with- shall be signed by the requester or the re- rule), or for any other waiver or approval, out a required filing fee shall be deemed pro- quester’s authorized representative or em- shall be treated in all respects like any other cedurally deficient and not properly filed. ploying authority. A representative shall request for a written opinion. (h) The Chair and Ranking Minority Mem- disclose to the Committee the identity of the (n) A written request for a waiver of clause ber are authorized to approve requests for principal on whose behalf advice is being 5 of House Rule XXV (the House gift rule) waivers of the aggregation and reporting of sought. shall specify the nature of the waiver being gifts as provided by section 102(a)(2)(C) of the (f) Requests for privately-sponsored travel sought and the specific circumstances justi- Ethics in Government Act. If such a request shall be treated like any other request for a fying the waiver. is approved, both the incoming request and written opinion for purposes of paragraphs (o) An employee seeking a waiver of time the Committee response shall be forwarded (g) through (l). limits applicable to travel paid for by a pri- to the Legislative Resource Center for place- (1) The Committee’s Travel Guidelines and vate source shall include with the request ment on the public record. Regulations shall govern the request submis- evidence that the employing authority is (i) The Chair and Ranking Minority Mem- sion and Committee approval process for pri- aware of the request. In any other instance ber are authorized to approve blind trusts as vately-sponsored travel consistent with where proposed employee conduct may re- qualifying under section 102(f)(3) of the Eth- House Rules. flect on the performance of official duties, ics in Government Act. The correspondence

VerDate Nov 24 2008 05:08 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.077 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6381 relating to formal approval of a blind trust, Minority Member may place additional ‘‘I do solemnly swear (or affirm) that I will the trust document, the list of assets trans- items on the agenda. not disclose, to any person or entity outside ferred to the trust, and any other documents (c) All meetings of the Committee or any the Committee on Standards of Official Con- required by law to be made public, shall be subcommittee shall occur in executive ses- duct, any information received in the course forwarded to the Legislative Resource Center sion unless the Committee or subcommittee, of my service with the Committee, except as for such purpose. by an affirmative vote of a majority of its authorized by the Committee or in accord- (j) The Committee shall designate staff members, opens the meeting to the public. ance with its rules.’’ counsel who shall review Financial Disclo- (d) Any hearing held by an adjudicatory Copies of the executed oath shall be pro- sure Statements and, based upon informa- subcommittee or any sanction hearing held vided to the Clerk of the House as part of the tion contained therein, indicate in a form by the Committee shall be open to the public records of the House. Breaches of confiden- and manner prescribed by the Committee unless the Committee or subcommittee, by tiality shall be investigated by the Com- whether the Statement appears substan- an affirmative vote of a majority of its mem- mittee and appropriate action shall be tially accurate and complete and the filer bers, closes the hearing to the public. taken. appears to be in compliance with applicable (e) A subcommittee shall meet at the dis- (b) No member of the staff or outside coun- laws and rules. cretion of its Chair. sel may make public, unless approved by an (k) Each Financial Disclosure Statement (f) Insofar as practicable, notice for any affirmative vote of a majority of the mem- shall be reviewed within 60 days after the Committee or subcommittee meeting shall bers of the Committee, any information, doc- date of filing. be provided at least seven days in advance of ument, or other material that is confiden- (l) If the reviewing counsel believes that the meeting. The Chair of the Committee or tial, derived from executive session, or clas- additional information is required because subcommittee may waive such time period sified and that is obtained during the course (1) the Statement appears not substantially for good cause. of employment with the Committee. (c) Committee members and staff shall not accurate or complete, or (2) the filer may not RULE 6. COMMITTEE STAFF disclose any evidence relating to an inves- be in compliance with applicable laws or (a) The staff is to be assembled and re- rules, then the reporting individual shall be tigation to any person or organization out- tained as a professional, nonpartisan staff. side the Committee unless authorized by the notified in writing of the additional informa- (b) Each member of the staff shall be pro- tion believed to be required, or of the law or Committee. fessional and demonstrably qualified for the (d) Members and staff of the Committee rule with which the reporting individual does position for which the individual is hired. shall not disclose to any person or organiza- not appear to be in compliance. Such notice (c) The staff as a whole and each individual tion outside the Committee, unless author- shall also state the time within which a re- member of the staff shall perform all official ized by the Committee, any information re- sponse is to be submitted. Any such notice duties in a nonpartisan manner. garding the Committee’s or a subcommit- shall remain confidential. (d) No member of the staff shall engage in tee’s investigative, adjudicatory or other (m) Within the time specified, including any partisan political activity directly af- proceedings, including but not limited to: (i) any extension granted in accordance with fecting any congressional or presidential the fact or nature of any complaints; (ii) ex- clause (d), a reporting individual who con- election. ecutive session proceedings; (iii) information curs with the Committee’s notification that (e) No member of the staff or outside coun- pertaining to or copies of any Committee or the Statement is not complete, or that other sel may accept public speaking engagements subcommittee report, study or other docu- action is required, shall submit the nec- or write for publication on any subject that ment which purports to express the views, essary information or take appropriate ac- is in any way related to the employment or findings, conclusions or recommendations of tion. Any amendment may be in the form of duties with the Committee of such individual the Committee or subcommittee in connec- a revised Financial Disclosure Statement or without specific prior approval from the tion with any of its activities or proceedings; an explanatory letter addressed to the Clerk Chair and Ranking Minority Member. or (iv) any other information or allegation of the House of Representatives. (f) All staff members shall be appointed by respecting the conduct of a Member, officer (n) Any amendment shall be placed on the an affirmative vote of a majority of the or employee of the House. This rule shall not public record in the same manner as other members of the Committee. Such vote shall prohibit the Chair or Ranking Minority Statements. The individual designated by occur at the first meeting of the membership Member from disclosing to the Board of the the Committee to review the original State- of the Committee during each Congress and Office of Congressional Ethics the existence ment shall review any amendment thereto. as necessary during the Congress. (o) Within the time specified, including (g) Subject to the approval of the Com- of a Committee investigation, the name of any extension granted in accordance with mittee on House Administration, the Com- the Member, officer or employee of the clause (d), a reporting individual who does mittee may retain counsel not employed by House who is the subject of that investiga- not agree with the Committee that the the House of Representatives whenever the tion, and a brief statement of the scope of Statement is deficient or that other action is Committee determines, by an affirmative that investigation in a written request for required, shall be provided an opportunity to vote of a majority of the members of the referral pursuant to Rule 17A(k). Such dis- respond orally or in writing. If the expla- Committee, that the retention of outside closures will only be made subject to written nation is accepted, a copy of the response, if counsel is necessary and appropriate. confirmation from the Board that the infor- written, or a note summarizing an oral re- (h) If the Committee determines that it is mation provided by the Chair or Ranking Mi- sponse, shall be retained in Committee files necessary to retain staff members for the nority Member will be kept confidential by with the original report. purpose of a particular investigation or the Board. (p) The Committee shall be the final arbi- other proceeding, then such staff shall be re- (e) Except as otherwise specifically author- ter of whether any Statement requires clari- tained only for the duration of that par- ized by the Committee, no Committee mem- fication or amendment. ticular investigation or proceeding. ber or staff member shall disclose to any per- (q) If the Committee determines, by vote of (i) Outside counsel may be dismissed prior son outside the Committee, the name of any a majority of its members, that there is rea- to the end of a contract between the Com- witness subpoenaed to testify or to produce son to believe that an individual has will- mittee and such counsel only by a majority evidence. fully failed to file a Statement or has will- vote of the members of the Committee. (f) Except as provided in Rule 17A, the fully falsified or willfully failed to file infor- (j) In addition to any other staff provided Committee shall not disclose to any person or organization outside the Committee any mation required to be reported, then the for by law, rule, or other authority, with re- information concerning the conduct of a re- Committee shall refer the name of the indi- spect to the Committee, the Chair and Rank- spondent until it has transmitted a State- vidual, together with the evidence sup- ing Minority Member each may appoint one ment of Alleged Violation to such respond- porting its finding, to the Attorney General individual as a shared staff member from the ent and the respondent has been given full pursuant to section 104(b) of the Ethics in respective personal staff of the Chair or opportunity to respond pursuant to Rule 22. Government Act. Such referral shall not pre- Ranking Minority Member to perform serv- The Statement of Alleged Violation and any clude the Committee from initiating such ice for the Committee. Such shared staff written response thereto shall be made pub- other action as may be authorized by other may assist the Chair or Ranking Minority lic at the first meeting or hearing on the provisions of law or the Rules of the House of Member on any subcommittee on which the matter that is open to the public after such Chair or Ranking Minority Member serves. Representatives. opportunity has been provided. Any other Only paragraphs (c) and (e) of this Rule and RULE 5. MEETINGS materials in the possession of the Committee Rule 7(b) shall apply to shared staff. (a) The regular meeting day of the Com- regarding such statement may be made pub- mittee shall be the second Tuesday of each RULE 7. CONFIDENTIALITY lic as authorized by the Committee to the month, except when the House of Represent- (a) Before any Member or employee of the extent consistent with the Rules of the atives is not meeting on that day. When the Committee, including members of an inves- House of Representatives. If no public hear- Committee Chair determines that there is tigative subcommittee selected under clause ing is held on the matter, the Statement of sufficient reason, meetings may be called on 5(a)(4) of Rule X of the House of Representa- Alleged Violation and any written response additional days. A regularly scheduled meet- tives and shared staff designated pursuant to thereto shall be included in the Committee’s ing need not be held when the Chair deter- Committee Rule 6(j), may have access to in- final report on the matter to the House of mines there is no business to be considered. formation that is confidential under the Representatives. (b) The Chair shall establish the agenda for rules of the Committee, the following oath (g) Unless otherwise determined by a vote meetings of the Committee and the Ranking (or affirmation) shall be executed in writing: of the Committee, only the Chair or Ranking

VerDate Nov 24 2008 05:08 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.080 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6382 CONGRESSIONAL RECORD — HOUSE June 9, 2009 Minority Member of the Committee, after of the members of the Committee or sub- is submitted in good faith and warrants the consultation with each other, may make committee, as appropriate: review and consideration of the Committee; public statements regarding matters before (1) Issuing a subpoena. (3) the Committee, on its own initiative, the Committee or any subcommittee. (2) Adopting a full Committee motion to undertakes an investigation; (h) The Committee may establish proce- create an investigative subcommittee. (4) a Member, officer, or employee is con- dures necessary to prevent the unauthorized (3) Adopting or amending of a Statement of victed in a Federal, State, or local court of disclosure of any testimony or other infor- Alleged Violation. a felony; mation received by the Committee or its (4) Finding that a count in a Statement of (5) the House of Representatives, by resolu- staff. Alleged Violation has been proved by clear tion, authorizes or directs the Committee to RULE 8. SUBCOMMITTEES—GENERAL POLICY AND and convincing evidence. undertake an inquiry or investigation; or STRUCTURE (5) Sending a letter of reproval. (6) a referral from the Board is transmitted (a) Notwithstanding any other provision of (6) Adopting a recommendation to the to the Committee. these Rules, the Chair and Ranking Minority House of Representatives that a sanction be (b) The Committee also has investigatory Member of the Committee may consult with imposed. authority over: (1) certain unauthorized disclosures of in- an investigative subcommittee either on (7) Adopting a report relating to the con- their own initiative or on the initiative of duct of a Member, officer, or employee. telligence-related information, pursuant to the subcommittee, shall have access to evi- (8) Issuing an advisory opinion of general House Rule X, clauses 11(g)(4) and (g)(5); or (2) reports received from the Office of the dence and information before a sub- applicability establishing new policy. Inspector General pursuant to House Rule II, committee with whom they so consult, and (b) Except as stated in clause (a), action clause 6(c)(5). shall not thereby be precluded from serving may be taken by the Committee or any sub- as full, voting members of any adjudicatory committee thereof by a simple majority, a RULE 15. COMPLAINTS subcommittee. Except for the Chair and quorum being present. (a) A complaint submitted to the Com- Ranking Minority Member of the Committee (c) No motion made to take any of the ac- mittee shall be in writing, dated, and prop- pursuant to this paragraph, evidence in the tions enumerated in clause (a) of this Rule erly verified (a document will be considered possession of an investigative subcommittee may be entertained by the Chair unless a properly verified where a notary executes it shall not be disclosed to other Committee quorum of the Committee is present when with the language, ‘‘Signed and sworn to (or members except by a vote of the sub- such motion is made. affirmed) before me on (date) by (the name of committee. RULE 11. COMMITTEE RECORDS the person)’’ setting forth in simple, concise, (b) The Committee may establish other and direct statements— noninvestigative and nonadjudicatory sub- (a) All communications and all pleadings (1) the name and legal address of the party committees and may assign to them such pursuant to these rules shall be filed with filing the complaint (hereinafter referred to functions as it may deem appropriate. The the Committee at the Committee’s office or as the ‘‘complainant’’); membership of each subcommittee shall pro- such other place as designated by the Com- (2) the name and position or title of the re- vide equal representation for the majority mittee. spondent; and minority parties. (b) All records of the Committee which (3) the nature of the alleged violation of (c) The Chair may refer any bill, resolu- have been delivered to the Archivist of the the Code of Official Conduct or of other law, tion, or other matter before the Committee United States shall be made available to the rule, regulation, or other standard of con- to an appropriate subcommittee for consid- public in accordance with Rule VII of the duct applicable to the performance of duties eration. Any such bill, resolution, or other Rules of the House of Representatives. or discharge of responsibilities; and matter may be discharged from the sub- RULE 12. BROADCASTS OF COMMITTEE AND (4) the facts alleged to give rise to the vio- committee to which it was referred by a ma- SUBCOMMITTEE PROCEEDINGS lation. The complaint shall not contain in- jority vote of the Committee. (a) Television or radio coverage of a Com- nuendo, speculative assertions, or conclusory (d) Any member of the Committee may sit mittee or subcommittee hearing or meeting statements. with any noninvestigative or nonadjudica- shall be without commercial sponsorship. (b) Any documents in the possession of the tory subcommittee, but only regular mem- (b) Not more than four television cameras, complainant that relate to the allegations bers of such subcommittee may vote on any may be submitted with the complaint. matter before that subcommittee. operating from fixed positions, shall be per- mitted in a hearing or meeting room. The (c) Information offered as a complaint by a RULE 9. QUORUMS AND MEMBER Committee may allocate the positions of Member of the House of Representatives may DISQUALIFICATION permitted television cameras among the tel- be transmitted directly to the Committee. (d) Information offered as a complaint by (a) The quorum for an investigative sub- evision media in consultation with the Exec- an individual not a Member of the House committee to take testimony and to receive utive Committee of the Radio and Television may be transmitted to the Committee, pro- evidence shall be two members, unless other- Correspondents’ Galleries. vided that a Member of the House certifies in wise authorized by the House of Representa- (c) Television cameras shall be placed so as writing that such Member believes the infor- tives. not to obstruct in any way the space between (b) The quorum for an adjudicatory sub- mation is submitted in good faith and war- any witness giving evidence or testimony committee to take testimony, receive evi- rants the review and consideration of the and any member of the Committee, or the dence, or conduct business shall consist of a Committee. visibility of that witness and that member to majority plus one of the members of the ad- (e) A complaint must be accompanied by a each other. judicatory subcommittee. certification, which may be unsworn, that (d) Television cameras shall not be placed (c) Except as stated in clauses (a) and (b) of the complainant has provided an exact copy in positions that unnecessarily obstruct the this rule, a quorum for the purpose of con- of the filed complaint and all attachments to coverage of the hearing or meeting by the ducting business consists of a majority of the respondent. the members of the Committee or sub- other media. (f) The Committee may defer action on a committee. PART II—INVESTIGATIVE AUTHORITY complaint against a Member, officer, or em- (d) A member of the Committee shall be in- RULE 13. HOUSE RESOLUTION ployee of the House of Representatives when eligible to participate in any Committee or Whenever the House of Representatives, by the complaint alleges conduct that the Com- subcommittee proceeding in which such resolution, authorizes or directs the Com- mittee has reason to believe is being re- Member is the respondent. viewed by appropriate law enforcement or (e) A member of the Committee may seek mittee to undertake an inquiry or investiga- tion, the provisions of the resolution, in con- regulatory authorities, or when the Com- disqualification from participating in any in- mittee determines that it is appropriate for vestigation of the conduct of a Member, offi- junction with these Rules, shall govern. To the extent the provisions of the resolution the conduct alleged in the complaint to be cer, or employee of the House of Representa- reviewed initially by law enforcement or reg- tives upon the submission in writing and differ from these Rules, the resolution shall control. ulatory authorities. under oath of an affidavit of disqualification (g) A complaint may not be amended with- stating that the member cannot render an RULE 14. COMMITTEE AUTHORITY TO out leave of the Committee. Otherwise, any impartial and unbiased decision. If the Com- INVESTIGATE—GENERAL POLICY new allegations of improper conduct must be mittee approves and accepts such affidavit of (a) Pursuant to clause 3(b) of Rule XI of submitted in a new complaint that independ- disqualification, the Chair shall so notify the the Rules of the House of Representatives, ently meets the procedural requirements of Speaker and ask the Speaker to designate a the Committee may exercise its investiga- the Rules of the House of Representatives Member of the House of Representatives tive authority when: and the Committee’s Rules. from the same political party as the dis- (1) information offered as a complaint by a (h) The Committee shall not accept, and qualified member of the Committee to act as Member of the House of Representatives is shall return to the complainant, any com- a member of the Committee in any Com- transmitted directly to the Committee; plaint submitted within the 60 days prior to mittee proceeding relating to such investiga- (2) information offered as a complaint by an election in which the subject of the com- tion. an individual not a Member of the House is plaint is a candidate. RULE 10. VOTE REQUIREMENTS transmitted to the Committee, provided that (i) The Committee shall not consider a (a) The following actions shall be taken a Member of the House certifies in writing complaint, nor shall any investigation be un- only upon an affirmative vote of a majority that such Member believes the information dertaken by the Committee, of any alleged

VerDate Nov 24 2008 05:08 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.083 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6383 violation which occurred before the third forwarded to the respondent within 5 days voted to extend the matter pursuant to para- previous Congress unless the Committee de- with notice that the complaint conforms to graph (b)(1). termines that the alleged violation is di- the applicable rules. (e) If the Committee votes to dismiss a rectly related to an alleged violation which (b) The respondent may, within 30 days of matter referred from the Board, the Com- occurred in a more recent Congress. the Committee’s notification, provide to the mittee is not required to make public the RULE 16. DUTIES OF COMMITTEE CHAIR AND Committee any information relevant to a written report and findings of the Board pur- RANKING MINORITY MEMBER complaint filed with the Committee. The re- suant to paragraph (c) unless the Commit- (a) Whenever information offered as a com- spondent may submit a written statement in tee’s vote is inconsistent with the rec- plaint is submitted to the Committee, the response to the complaint. Such a statement ommendation of the Board. A vote by the Chair and Ranking Minority Member shall shall be signed by the respondent. If the Committee to dismiss a matter is not consid- have 14 calendar days or 5 legislative days, statement is prepared by counsel for the re- ered inconsistent with a report from the whichever occurs first, to determine whether spondent, the respondent shall sign a rep- Board that the matter is unresolved by the the information meets the requirements of resentation that the respondent has reviewed Board due to a tie vote. (f) Except as provided by paragraph (g): the Committee’s rules for what constitutes a the response and agrees with the factual as- (1) If the Committee establishes an inves- complaint. sertions contained therein. tigative subcommittee respecting any mat- (b) Whenever the Chair and Ranking Mi- (c) The Committee staff may request infor- ter referred by the Board, then the report nority Member jointly determine that infor- mation from the respondent or obtain addi- and findings of the Board shall not be made mation submitted to the Committee meets tional information relevant to the case from public until the conclusion of the investiga- the requirements of the Committee’s rules other sources prior to the establishment of tive subcommittee process pursuant to Rule for what constitutes a complaint, they shall an investigative subcommittee only when so 19. The Committee shall issue a public state- have 45 calendar days or 5 legislative days, directed by the Chair and Ranking Minority ment noting the establishment of an inves- whichever is later, after the date that the Member. tigative subcommittee, which shall include Chair and Ranking Minority Member deter- (d) The respondent shall be notified in the name of the Member, officer, or em- mine that information filed meets the re- writing regarding the Committee’s decision ployee who is the subject of the inquiry, and quirements of the Committee’s rules for either to dismiss the complaint or to create shall set forth the alleged violation. what constitutes a complaint, unless the an investigative subcommittee. (2) If any such investigative subcommittee Committee by an affirmative vote of a ma- RULE 17A. REFERRALS FROM THE BOARD OF THE does not conclude its review within one year jority of its members votes otherwise, to— OFFICE OF CONGRESSIONAL ETHICS after the Board’s referral, then the Com- (1) recommend to the Committee that it (a) The Committee has exclusive jurisdic- mittee shall make public the report of the dispose of the complaint, or any portion tion over the interpretation, administration, Board no later than one year after the refer- thereof, in any manner that does not require and enforcement of the Code of Official Con- ral. If the investigative subcommittee does action by the House, which may include dis- duct pursuant to clause 1(q) of House Rule X. not conclude its review before the end of the missal of the complaint or resolution of the Receipt of referrals from the Board under Congress in which the report of the Board is complaint by a letter to the Member, officer, this rule does not limit the Committee’s dis- made public, the Committee shall make pub- or employee of the House against whom the cretion to address referrals in any way lic any findings of the Board on the last day complaint is made; through the appropriate procedures author- (2) establish an investigative sub- of that Congress. ized by Committee Rules. The Committee (g) If the vote of the Committee is a tie or committee; or shall review the report and findings trans- (3) request that the Committee extend the the Committee fails to act by the close of mitted by the Board without prejudice or any applicable period(s) under this rule, the applicable 45-calendar day period when they presumptions as to the merit of the allega- determine more time is necessary in order to report and the findings of the Board shall be tions. made public by the Committee, along with a make a recommendation under paragraph (1) (b)(1) Whenever the Committee receives ei- or (2) of Rule 16(b). public statement by the Chair explaining the ther (A) a referral containing a written re- status of the matter. (c) The Chair and Ranking Minority Mem- port and any findings and supporting docu- ber may jointly gather additional informa- (h)(1) If the Committee agrees to a request mentation from the Board; or (B) a referral from an appropriate law enforcement or reg- tion concerning alleged conduct which is the from the Board pursuant to a request under basis of a complaint or of information of- ulatory authority to defer taking action on a Rule 17A(k), the Chair shall have 45 calendar matter referred by the Board under para- fered as a complaint until they have estab- days or 5 legislative days after the date the lished an investigative subcommittee or the graph (b)— referral is received, whichever is later, to (A) The Committee is not required to make Chair or Ranking Minority Member has make public the report and findings of the placed on the agenda the issue of whether to public the written report and findings of the Board unless the Chair and Ranking Minor- Board pursuant to paragraph (c), except that establish an investigative subcommittee. ity Member jointly decide, or the Committee (d) If the Chair and Ranking Minority if the recommendation of the Board is that votes, to withhold such information for not the matter requires further review, the Com- Member jointly determine that information more than one additional 45–day period. submitted to the Committee meets the re- mittee shall make public the written report (2) At least one calendar day before the of the Board but not the findings; and quirements of the Committee rules for what Committee makes public any report and constitutes a complaint, and the complaint (B) The Committee shall make a public findings of the Board the Chair shall notify statement that it is deferring taking action is not disposed of within 45 calendar days or in writing the Board and the Member, offi- 5 legislative days, whichever is later, and no on the matter at the request of such law en- cer, or employee who is the subject of the re- forcement or regulatory authority within additional 45-day extension is made, then ferral of the impending public release of they shall establish an investigative sub- one day (excluding weekends and public holi- these documents. At the same time, Chair days) of the day that the Committee agrees committee and forward the complaint, or shall transmit a copy of any public state- any portion thereof, to that subcommittee to the request. ment on the Committee’s disposition of the (2) If the Committee has not acted on the for its consideration. If at any time during matter and any accompanying Committee matter within one year of the date the public the time period either the Chair or Ranking report to the individual who is the subject of statement described in paragraph (h)(1)(B) is Minority Member places on the agenda the the referral. released, the Committee shall make a public issue of whether to establish an investigative (3) All public statements and reports and statement that it continues to defer taking subcommittee, then an investigative sub- findings of the Board that are required to be action on the matter. The Committee shall committee may be established only by an af- made public under this Rule shall be posted make a new statement upon the expiration firmative vote of a majority of the members on the Committee’s website. of each succeeding one-year period during of the Committee. (c) If the OCE report and findings are with- which the Committee has not acted on the (e) Whenever the Chair and Ranking Mi- held for an additional 45–day period pursuant nority Member jointly determine that infor- matter. to paragraph (b)(1), Chair shall— (i) The Committee shall not accept, and mation submitted to the Committee does not (1) make a public statement that the Com- shall return to the Board, any referral from meet the requirements for what constitutes mittee has decided or voted to extend the the Board within 60 days before a Federal, a complaint set forth in the Committee matter referred from the Board on the day of State, or local election in which the subject rules, they may (1) return the information to such decision or vote; and of the referral is a candidate. the complainant with a statement that it (2) make public the written report and (j) The Committee may postpone any re- fails to meet the requirements for what con- findings pursuant to paragraph (b) upon the porting requirement under this rule that stitutes a complaint set forth in the Com- termination of such additional period. falls within that 60–day period until after the mittee’s rules; or (2) recommend to the Com- (d) If the Board transmits a report with a date of the election in which the subject of mittee that it authorize the establishment of recommendation to dismiss or noting a mat- the referral is a candidate. For purposes of an investigative subcommittee. ter as unresolved due to a tie vote, and the calculating any applicable period under this RULE 17. PROCESSING OF COMPLAINTS Committee votes to extend the matter for an Rule, any days within the 60–day period be- (a) If a complaint is in compliance with additional period as provided in paragraph fore such an election shall not be counted. House and Committee Rules, a copy of the (b), the Committee is not required to make a (k)(1) At any time after the Committee re- complaint and the Committee Rules shall be public statement that the Committee has ceives written notification from the Board of

VerDate Nov 24 2008 05:08 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.086 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6384 CONGRESSIONAL RECORD — HOUSE June 9, 2009 the Office of Congressional Ethics that the ing Minority Member of the Committee shall member designated by the Chair to admin- Board is undertaking a review of alleged con- designate four members (with equal rep- ister oaths. duct of any Member, officer, or employee of resentation from the majority and minority (c) During the inquiry, the procedure re- the House at a time when the Committee is parties) to serve as an investigative sub- specting the admissibility of evidence and investigating, or has completed an investiga- committee to undertake an inquiry. Mem- rulings shall be as follows: tion of the same matter, the Committee may bers of the Committee and Members of the (1) Any relevant evidence shall be admis- so notify the Board in writing and request House selected pursuant to clause 5(a)(4)(A) sible unless the evidence is privileged under that the Board cease its review and refer the of Rule X of the House of Representatives the precedents of the House of Representa- matter to the Committee for its consider- are eligible for appointment to an investiga- tives. ation immediately. The Committee shall tive subcommittee, as determined by the (2) The Chair of the subcommittee or other also notify the Board in writing if the Com- Chair and Ranking Minority Member of the presiding member at any investigative sub- mittee has not reached a final resolution of Committee. At the time of appointment, the committee proceeding shall rule upon any the matter or has not referred the matter to Chair shall designate one member of the sub- question of admissibility or relevance of evi- the appropriate Federal or State authorities committee to serve as the Chair and the dence, motion, procedure or any other mat- by the end of any applicable time period Ranking Minority Member shall designate ter, and may direct any witness to answer specified in Rule 17A (including any permis- one member of the subcommittee to serve as any question under penalty of contempt. A sible extension). the ranking minority member of the inves- witness, witness counsel, or a member of the (2) The Committee may not request a sec- tigative subcommittee. The Chair and Rank- subcommittee may appeal any rulings to the ond referral of the matter from the Board if ing Minority Member of the Committee may members present at that proceeding. A ma- the Committee has notified the Board that it serve as members of an investigative sub- jority vote of the members present at such is unable to resolve the matter previously re- committee, but may not serve as non-voting, proceeding on such appeal shall govern the quested pursuant to this section. The Board ex-officio members. question of admissibility, and no appeal shall may subsequently send a referral regarding a (2) The respondent shall be notified of the lie to the Committee. matter previously requested and returned by membership of the investigative sub- (3) Whenever a person is determined by a the Committee after the conclusion of the committee and shall have 10 days after such majority vote to be in contempt of the sub- Board’s review process. notice is transmitted to object to the par- committee, the matter may be referred to RULE 18. COMMITTEE-INITIATED INQUIRY OR ticipation of any subcommittee member. the Committee to determine whether to refer INVESTIGATION Such objection shall be in writing and must the matter to the House of Representatives (a) Notwithstanding the absence of a filed be on the grounds that the subcommittee for consideration. complaint, the Committee may consider any member cannot render an impartial and un- (4) Committee counsel may, subject to sub- information in its possession indicating that biased decision. The subcommittee member committee approval, enter into stipulations a Member, officer, or employee may have against whom the objection is made shall be with the respondent and/or the respondent’s committed a violation of the Code of Official the sole judge of any disqualification and counsel as to facts that are not in dispute. Conduct or any law, rule, regulation, or may choose to seek disqualification from (d) Upon an affirmative vote of a majority other standard of conduct applicable to the participating in the inquiry pursuant to Rule of the subcommittee members, and an af- conduct of such Member, officer, or em- 9(e). firmative vote of a majority of the full Com- ployee in the performance of the duties or (b) In an inquiry undertaken by an inves- mittee, an investigative subcommittee may the discharge of the responsibilities of such tigative subcommittee— expand the scope of its inquiry. individual. The Chair and Ranking Minority (1) All proceedings, including the taking of (e) Upon completion of the inquiry, the Member may jointly gather additional infor- testimony, shall be conducted in executive staff shall draft for the investigative sub- mation concerning such an alleged violation session and all testimony taken by deposi- committee a report that shall contain a com- by a Member, officer, or employee unless and tion or things produced pursuant to sub- prehensive summary of the information re- until an investigative subcommittee has poena or otherwise shall be deemed to have ceived regarding the alleged violations. been established. The Chair and Ranking Mi- been taken or produced in executive session. (f) Upon completion of the inquiry, an in- nority Member may also jointly take appro- (2) The Chair of the investigative sub- vestigative subcommittee, by a majority priate action consistent with Committee committee shall ask the respondent and all vote of its members, may adopt a Statement Rules to resolve the matter. witnesses whether they intend to be rep- of Alleged Violation if it determines that (b) If the Committee votes to establish an resented by counsel. If so, the respondent or there is substantial reason to believe that a investigative subcommittee, the Committee witnesses or their legal representatives shall violation of the Code of Official Conduct, or shall proceed in accordance with Rule 19. provide written designation of counsel. A re- of a law, rule, regulation, or other standard (c) Any written request by a Member, offi- spondent or witness who is represented by of conduct applicable to the performance of cer, or employee of the House of Representa- counsel shall not be questioned in the ab- official duties or the discharge of official re- tives that the Committee conduct an inves- sence of counsel unless an explicit waiver is sponsibilities by a Member, officer, or em- tigation into such person’s own conduct obtained. ployee of the House of Representatives has shall be considered in accordance with sub- (3) The subcommittee shall provide the re- occurred. If more than one violation is al- section (a) of this Rule. spondent an opportunity to present, orally leged, such Statement shall be divided into (d) An inquiry shall not be undertaken re- or in writing, a statement, which must be separate counts. Each count shall relate to a garding any alleged violation that occurred under oath or affirmation, regarding the al- separate violation, shall contain a plain and before the third previous Congress unless a legations and any other relevant questions concise statement of the alleged facts of majority of the Committee determines that arising out of the inquiry. such violation, and shall include a reference the alleged violation is directly related to an (4) The staff may interview witnesses, ex- to the provision of the Code of Official Con- alleged violation that occurred in a more re- amine documents and other evidence, and re- duct or law, rule, regulation or other appli- cent Congress. quest that submitted statements be under (e)(1) An inquiry shall be undertaken by an cable standard of conduct governing the per- oath or affirmation and that documents be formance of duties or discharge of respon- investigative subcommittee with regard to certified as to their authenticity and accu- any felony conviction of a Member, officer, sibilities alleged to have been violated. A racy. copy of such Statement shall be transmitted or employee of the House of Representatives (5) The subcommittee, by a majority vote to the respondent and the respondent’s coun- in a Federal, State, or local court who has of its members, may require, by subpoena or sel. been sentenced. Notwithstanding this provi- otherwise, the attendance and testimony of (g) If the investigative subcommittee does sion, the Committee has the discretion to witnesses and the production of such books, not adopt a Statement of Alleged Violation, initiate an inquiry upon an affirmative vote records, correspondence, memoranda, papers, it shall transmit to the Committee a report of a majority of the members of the Com- documents, and other items as it deems nec- containing a summary of the information re- mittee at any time prior to conviction or essary to the conduct of the inquiry. Unless ceived in the inquiry, its conclusions and sentencing. the Committee otherwise provides, the sub- reasons therefore, and any appropriate rec- (2) Not later than 30 days after a Member, poena power shall rest in the Chair and ommendation. officer or employee of the House is indicted Ranking Minority Member of the Committee or otherwise formally charged with criminal and a subpoena shall be issued upon the re- RULE 20. AMENDMENTS TO STATEMENTS OF conduct in any Federal, State or local court, quest of the investigative subcommittee. ALLEGED VIOLATION the Committee shall either initiate an in- (6) The subcommittee shall require that (a) An investigative subcommittee may, quiry upon a majority vote of the members testimony be given under oath or affirma- upon an affirmative vote of a majority of its of the Committee or submit a report to the tion. The form of the oath or affirmation members, amend its Statement of Alleged House describing its reasons for not initi- shall be: ‘‘Do you solemnly swear (or affirm) Violation anytime before the Statement of ating an inquiry and describing the actions, that the testimony you will give before this Alleged Violation is transmitted to the Com- if any, that the Committee has taken in re- subcommittee in the matter now under con- mittee; and sponse to the allegations. sideration will be the truth, the whole truth, (b) If an investigative subcommittee RULE 19. INVESTIGATIVE SUBCOMMITTEE and nothing but the truth (so help you amends its Statement of Alleged Violation, (a)(1) Upon the establishment of an inves- God)?’’ The oath or affirmation shall be ad- the respondent shall be notified in writing tigative subcommittee, the Chair and Rank- ministered by the Chair or subcommittee and shall have 30 calendar days from the

VerDate Nov 24 2008 05:08 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.089 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6385 date of that notification to file an answer to subcommittee’s reply to the Motion for a counts in the Statement of Alleged Violation the amended Statement of Alleged Viola- Bill of Particulars. If a Motion to Dismiss is have been proved by clear and convincing tion. filed, the respondent shall not be required to evidence and shall make findings of fact, ex- RULE 21. COMMITTEE REPORTING REQUIREMENTS file an answer until 20 days after the sub- cept where such violations have been admit- (a) Whenever an investigative sub- committee has replied to the Motion to Dis- ted by respondent. (d) At an adjudicatory hearing, the sub- committee does not adopt a Statement of Al- miss, unless the respondent previously filed a Motion for a Bill of Particulars, in which committee may require, by subpoena or oth- leged Violation and transmits a report to case the respondent shall not be required to erwise, the attendance and testimony of such that effect to the Committee, the Committee file an answer until 10 days after the sub- witnesses and production of such books, may by an affirmative vote of a majority of committee has replied to the Motion to Dis- records, correspondence, memoranda, papers, its members transmit such report to the miss. The investigative subcommittee shall documents, and other items as it deems nec- House of Representatives; rule upon any motion to dismiss filed during (b) Whenever an investigative sub- essary. Depositions, interrogatories, and the period between the establishment of the committee adopts a Statement of Alleged sworn statements taken under any investiga- subcommittee and the subcommittee’s trans- Violation but recommends that no further tive subcommittee direction may be accept- mittal of a report or Statement of Alleged action be taken, it shall transmit a report to ed into the hearing record. Violation to the Committee or to the Chair (e) The procedures set forth in clause 2(g) the Committee regarding the Statement of and Ranking Minority Member at the con- and (k) of Rule XI of the Rules of the House Alleged Violation; and (c) Whenever an investigative sub- clusion of an inquiry, and no appeal of the of Representatives shall apply to adjudica- committee adopts a Statement of Alleged subcommittee’s ruling shall lie to the Com- tory hearings. All such hearings shall be Violation, the respondent admits to the vio- mittee. open to the public unless the adjudicatory (2) A Motion to Dismiss may be made on lations set forth in such Statement, the re- subcommittee, pursuant to such clause, de- the grounds that the Statement of Alleged spondent waives the right to an adjudicatory termines that the hearings or any part Violation fails to state facts that constitute hearing, and the respondent’s waiver is ap- thereof should be closed. a violation of the Code of Official Conduct or (f)(1) The adjudicatory subcommittee shall, proved by the Committee— other applicable law, rule, regulation, or (1) the subcommittee shall prepare a report in writing, notify the respondent that the re- standard of conduct, or on the grounds that for transmittal to the Committee, a final spondent and respondent’s counsel have the the Committee lacks jurisdiction to consider draft of which shall be provided to the re- right to inspect, review, copy, or photograph the allegations contained in the Statement. spondent not less than 15 calendar days be- books, papers, documents, photographs, or (d) Any motion filed with the sub- other tangible objects that the adjudicatory fore the subcommittee votes on whether to committee pursuant to this rule shall be ac- adopt the report; subcommittee counsel intends to use as evi- companied by a Memorandum of Points and dence against the respondent in an adjudica- (2) the respondent may submit views in Authorities. writing regarding the final draft to the sub- tory hearing. The respondent shall be given (e)(1) The Chair of the investigative sub- access to such evidence, and shall be pro- committee within 7 calendar days of receipt committee, for good cause shown, may per- of that draft; vided the names of witnesses the sub- mit the respondent to file an answer or mo- committee counsel intends to call, and a (3) the subcommittee shall transmit a re- tion after the day prescribed above. port to the Committee regarding the State- summary of their expected testimony, no (2) If the ability of the respondent to less than 15 calendar days prior to any such ment of Alleged Violation together with any present an adequate defense is not adversely views submitted by the respondent pursuant hearing. Except in extraordinary cir- affected and special circumstances so re- cumstances, no evidence may be introduced to subparagraph (2), and the Committee shall quire, the Chair of the investigative sub- make the report, together with the respond- or witness called in an adjudicatory hearing committee may direct the respondent to file unless the respondent has been afforded a ent’s views, available to the public before an answer or motion prior to the day pre- the commencement of any sanction hearing; prior opportunity to review such evidence or scribed above. has been provided the name of the witness. and (f) If the day on which any answer, motion, (2) After a witness has testified on direct (4) the Committee shall by an affirmative reply, or other pleading must be filed falls on examination at an adjudicatory hearing, the vote of a majority of its members issue a re- a Saturday, Sunday, or holiday, such filing Committee, at the request of the respondent, port and transmit such report to the House shall be made on the first business day there- shall make available to the respondent any of Representatives, together with the re- after. statement of the witness in the possession of spondent’s views previously submitted pur- (g) As soon as practicable after an answer the Committee which relates to the subject suant to subparagraph (2) and any additional has been filed or the time for such filing has matter as to which the witness has testified. views respondent may submit for attach- expired, the Statement of Alleged Violation (3) Any other testimony, statement, or ment to the final report; and and any answer, motion, reply, or other documentary evidence in the possession of (d) Members of the Committee shall have pleading connected therewith shall be trans- the Committee which is material to the re- not less than 72 hours to review any report mitted by the Chair of the investigative sub- spondent’s defense shall, upon request, be transmitted to the Committee by an inves- committee to the Chair and Ranking Minor- tigative subcommittee before both the com- made available to the respondent. ity Member of the Committee. (g) No less than 5 days prior to the hearing, mencement of a sanction hearing and the RULE 23. ADJUDICATORY HEARINGS the respondent or counsel shall provide the Committee vote on whether to adopt the re- (a) If a Statement of Alleged Violation is adjudicatory subcommittee with the names port. transmitted to the Chair and Ranking Mi- of witnesses expected to be called, sum- RULE 22. RESPONDENT’S ANSWER nority Member pursuant to Rule 22, and no maries of their expected testimony, and cop- (a)(1) Within 30 days from the date of waiver pursuant to Rule 26(b) has occurred, ies of any documents or other evidence pro- transmittal of a Statement of Alleged Viola- the Chair shall designate the members of the posed to be introduced. tion, the respondent shall file with the inves- Committee who did not serve on the inves- (h) The respondent or counsel may apply to tigative subcommittee an answer, in writing tigative subcommittee to serve on an adju- the subcommittee for the issuance of sub- and under oath, signed by respondent and re- dicatory subcommittee. The Chair and Rank- poenas for the appearance of witnesses or the spondent’s counsel. Failure to file an answer ing Minority Member of the Committee shall production of evidence. The application shall within the time prescribed shall be consid- be the Chair and Ranking Minority Member be granted upon a showing by the respondent ered by the Committee as a denial of each of the adjudicatory subcommittee unless that the proposed testimony or evidence is count. they served on the investigative sub- relevant and not otherwise available to re- (2) The answer shall contain an admission committee. The respondent shall be notified spondent. The application may be denied if to or denial of each count set forth in the of the designation of the adjudicatory sub- not made at a reasonable time or if the testi- Statement of Alleged Violation and may in- committee and shall have 10 days after such mony or evidence would be merely cumu- clude negative, affirmative, or alternative notice is transmitted to object to the par- lative. defenses and any supporting evidence or ticipation of any subcommittee member. (i) During the hearing, the procedures re- other relevant information. Such objection shall be in writing and shall garding the admissibility of evidence and (b) The respondent may file a Motion for a be on the grounds that the member cannot rulings shall be as follows: Bill of Particulars within 10 days of the date render an impartial and unbiased decision. (1) Any relevant evidence shall be admis- of transmittal of the Statement of Alleged The member against whom the objection is sible unless the evidence is privileged under Violation. If a Motion for a Bill of Particu- made shall be the sole judge of any disquali- the precedents of the House of Representa- lars is filed, the respondent shall not be re- fication and may choose to seek disqualifica- tives. quired to file an answer until 20 days after tion from serving on the subcommittee pur- (2) The Chair of the subcommittee or other the subcommittee has replied to such mo- suant to Rule 9(e). presiding member at an adjudicatory sub- tion. (b) A majority of the adjudicatory sub- committee hearing shall rule upon any ques- (c)(1) The respondent may file a Motion to committee membership plus one must be tion of admissibility or relevance of evi- Dismiss within 10 days of the date of trans- present at all times for the conduct of any dence, motion, procedure, or any other mat- mittal of the Statement of Alleged Violation business pursuant to this rule. ter, and may direct any witness to answer or, if a Motion for a Bill of Particulars has (c) The adjudicatory subcommittee shall any question under penalty of contempt. A been filed, within 10 days of the date of the hold a hearing to determine whether any witness, witness counsel, or a member of the

VerDate Nov 24 2008 05:08 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.092 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6386 CONGRESSIONAL RECORD — HOUSE June 9, 2009 subcommittee may appeal any ruling to the (o) As soon as practicable after all testi- ficer or employee is appropriate for the most members present at that proceeding. A ma- mony and evidence have been presented, the serious violations. A recommendation of a jority vote of the members present at such subcommittee shall consider each count con- fine is appropriate in a case in which it is proceeding on such an appeal shall govern tained in the Statement of Alleged Violation likely that the violation was committed to the question of admissibility and no appeal and shall determine by a majority vote of its secure a personal financial benefit; and a shall lie to the Committee. members whether each count has been recommendation of a denial or limitation of (3) Whenever a witness is deemed by a proved. If a majority of the subcommittee a right, power, privilege, or immunity of a Chair or other presiding member to be in does not vote that a count has been proved, Member is appropriate when the violation contempt of the subcommittee, the matter a motion to reconsider that vote may be bears upon the exercise or holding of such may be referred to the Committee to deter- made only by a member who voted that the right, power, privilege, or immunity. This mine whether to refer the matter to the count was not proved. A count that is not clause sets forth general guidelines and does House of Representatives for consideration. proved shall be considered as dismissed by not limit the authority of the Committee to (4) Committee counsel may, subject to sub- the subcommittee. recommend other sanctions. committee approval, enter into stipulations (p) The findings of the adjudicatory sub- (h) The Committee report shall contain an with the respondent and/or the respondent’s committee shall be reported to the Com- appropriate statement of the evidence sup- counsel as to facts that are not in dispute. mittee. porting the Committee’s findings and a (j) Unless otherwise provided, the order of RULE 24. SANCTION HEARING AND CONSIDER- statement of the Committee’s reasons for an adjudicatory hearing shall be as follows: ATION OF SANCTIONS OR OTHER RECOMMENDA- the recommended sanction. (1) The Chair of the subcommittee shall TIONS RULE 25. DISCLOSURE OF EXCULPATORY open the hearing by stating the adjudicatory INFORMATION TO RESPONDENT subcommittee’s authority to conduct the (a) If no count in a Statement of Alleged Violation is proved, the Committee shall If the Committee, or any investigative or hearing and the purpose of the hearing. adjudicatory subcommittee at any time re- (2) The Chair shall then recognize Com- prepare a report to the House of Representa- ceives any exculpatory information respect- mittee counsel and the respondent’s counsel, tives, based upon the report of the adjudica- ing a Complaint or Statement of Alleged in turn, for the purpose of giving opening tory subcommittee. Violation concerning a Member, officer, or statements. (b) If an adjudicatory subcommittee com- employee of the House of Representatives, it (3) Testimony from witnesses and other pletes an adjudicatory hearing pursuant to shall make such information known and relevant evidence shall be received in the fol- Rule 23 and reports that any count of the available to the Member, officer, or em- lowing order whenever possible: Statement of Alleged Violation has been (i) witnesses (deposition transcripts and af- proved, a hearing before the Committee shall ployee as soon as practicable, but in no event fidavits obtained during the inquiry may be be held to receive oral and/or written sub- later than the transmittal of evidence sup- used in lieu of live witnesses if the witness is missions by counsel for the Committee and porting a proposed Statement of Alleged Vio- unavailable) and other evidence offered by counsel for the respondent as to the sanction lation pursuant to Rule 26(c). If an investiga- the Committee counsel, the Committee should recommend to the tive subcommittee does not adopt a State- (ii) witnesses and other evidence offered by House of Representatives with respect to ment of Alleged Violation, it shall identify the respondent, such violations. Testimony by witnesses any exculpatory information in its posses- (iii) rebuttal witnesses, as permitted by shall not be heard except by written request sion at the conclusion of its inquiry and the Chair. and vote of a majority of the Committee. shall include such information, if any, in the (4) Witnesses at a hearing shall be exam- (c) Upon completion of any proceeding held subcommittee’s final report to the Com- ined first by counsel calling such witness. pursuant to clause (b), the Committee shall mittee regarding its inquiry. For purposes of The opposing counsel may then cross-exam- consider and vote on a motion to recommend this rule, exculpatory evidence shall be any ine the witness. Redirect examination and to the House of Representatives that the evidence or information that is substantially recross examination by counsel may be per- House take disciplinary action. If a majority favorable to the respondent with respect to mitted at the Chair’s discretion. Sub- of the Committee does not vote in favor of the allegations or charges before an inves- committee members may then question wit- the recommendation that the House of Rep- tigative or adjudicatory subcommittee. nesses. Unless otherwise directed by the resentatives take action, a motion to recon- RULE 26. RIGHTS OF RESPONDENTS AND Chair, questions by Subcommittee members sider that vote may be made only by a mem- WITNESSES shall be conducted under the five-minute ber who voted against the recommendation. (a) A respondent shall be informed of the rule. The Committee may also, by majority vote, right to be represented by counsel, to be pro- (5) The Chair shall then recognize Com- adopt a motion to issue a Letter of Reproval vided at the respondent’s own expense. mittee counsel and respondent’s counsel, in or take other appropriate Committee action. (b) A respondent may seek to waive any turn, for the purpose of giving closing argu- (d) If the Committee determines a Letter procedural rights or steps in the disciplinary ments. Committee counsel may reserve time of Reproval constitutes sufficient action, the process. A request for waiver must be in for rebuttal argument, as permitted by the Committee shall include any such letter as a writing, signed by the respondent, and must Chair. part of its report to the House of Representa- detail what procedural steps the respondent (k) A subpoena to a witness to appear at a tives. seeks to waive. Any such request shall be hearing shall be served sufficiently in ad- (e) With respect to any proved counts subject to the acceptance of the Committee vance of that witness’ scheduled appearance against a Member of the House of Represent- or subcommittee, as appropriate. to allow the witness a reasonable period of atives, the Committee may recommend to (c) Not less than 10 calendar days before a time, as determined by the Chair of the adju- the House one or more of the following sanc- scheduled vote by an investigative sub- dicatory subcommittee, to prepare for the tions: committee on a Statement of Alleged Viola- hearing and to employ counsel. (1) Expulsion from the House of Represent- tion, the subcommittee shall provide the re- (l) Each witness appearing before the sub- atives. spondent with a copy of the Statement of Al- committee shall be furnished a printed copy (2) Censure. leged Violation it intends to adopt together of the Committee rules, the relevant provi- (3) Reprimand. with all evidence it intends to use to prove sions of the Rules of the House of Represent- (4) Fine. those charges which it intends to adopt, in- atives applicable to the rights of witnesses, (5) Denial or limitation of any right, cluding documentary evidence, witness testi- and a copy of the Statement of Alleged Vio- power, privilege, or immunity of the Member mony, memoranda of witness interviews, and lation. if under the Constitution the House of Rep- physical evidence, unless the subcommittee (m) Testimony of all witnesses shall be resentatives may impose such denial or limi- by an affirmative vote of a majority of its taken under oath or affirmation. The form of tation. members decides to withhold certain evi- the oath or affirmation shall be: ‘‘Do you (6) Any other sanction determined by the dence in order to protect a witness, but if solemnly swear (or affirm) that the testi- Committee to be appropriate. such evidence is withheld, the subcommittee mony you will give before this subcommittee (f) With respect to any proved counts shall inform the respondent that evidence is in the matter now under consideration will against an officer or employee of the House being withheld and of the count to which be the truth, the whole truth, and nothing of Representatives, the Committee may rec- such evidence relates. but the truth (so help you God)?’’ The oath ommend to the House one or more of the fol- (d) Neither the respondent nor respond- or affirmation shall be administered by the lowing sanctions: ent’s counsel shall, directly or indirectly, Chair or Committee member designated by (1) Dismissal from employment. contact the subcommittee or any member the Chair to administer oaths. (2) Reprimand. thereof during the period of time set forth in (n) At an adjudicatory hearing, the burden (3) Fine. paragraph (c) except for the sole purpose of of proof rests on Committee counsel to es- (4) Any other sanction determined by the settlement discussions where counsels for tablish the facts alleged in the Statement of Committee to be appropriate. the respondent and the subcommittee are Alleged Violation by clear and convincing (g) With respect to the sanctions that the present. evidence. However, Committee counsel need Committee may recommend, reprimand is (e) If, at any time after the issuance of a not present any evidence regarding any appropriate for serious violations, censure is Statement of Alleged Violation, the Com- count that is admitted by the respondent or appropriate for more serious violations, and mittee or any subcommittee thereof deter- any fact stipulated. expulsion of a Member or dismissal of an of- mines that it intends to use evidence not

VerDate Nov 24 2008 05:08 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.095 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6387 provided to a respondent under paragraph (c) cers and employees of the House, and, as the uary 6, 2009, the gentleman from Con- to prove the charges contained in the State- Chair considers appropriate, actual expenses necticut (Mr. MURPHY) is recognized for ment of Alleged Violation (or any amend- of travel to or from the place of examina- 60 minutes as the designee of the ma- ment thereof), such evidence shall be made tion. No compensation shall be authorized for attorney’s fees or for a witness’ lost earn- jority leader. immediately available to the respondent, Mr. MURPHY of Connecticut. Madam and it may be used in any further proceeding ings. Such per diem may not be paid if a wit- under the Committee’s rules. ness had been summoned at the place of ex- Speaker, I thank you and Speaker of (f) Evidence provided pursuant to para- amination. the House PELOSI for allowing the 30- graph (c) or (e) shall be made available to (o) With the approval of the Committee, a Something Working Group, which has the respondent and respondent’s counsel witness, upon request, may be provided with been empowered by the Speaker’s of- only after each agrees, in writing, that no a transcript of the witness’ own deposition fice, to come down to the House floor document, information, or other materials or other testimony taken in executive ses- sion, or, with the approval of the Chair and every so often and share with our col- obtained pursuant to that paragraph shall be leagues here in the House really some made public until— Ranking Minority Member, may be per- (1) such time as a Statement of Alleged mitted to examine such transcript in the of- of the burning questions of our con- Violation is made public by the Committee if fice of the Committee. Any such request stituents out there, especially those the respondent has waived the adjudicatory shall be in writing and shall include a state- that affect younger individuals and hearing; or ment that the witness, and counsel, agree to younger families, and to talk about maintain the confidentiality of all executive (2) the commencement of an adjudicatory how this House, under new leadership hearing if the respondent has not waived an session proceedings covered by such tran- script. with a new face in the White House, is adjudicatory hearing; but the failure of re- rising to answer those questions and spondent and respondent’s counsel to so RULE 27. FRIVOLOUS FILINGS agree in writing, and therefore not receive If a complaint or information offered as a meet those challenges. the evidence, shall not preclude the issuance complaint is deemed frivolous by an affirma- We’ll put this poster up at the end of of a Statement of Alleged Violation at the tive vote of a majority of the members of the the hour as well, but we are always end of the period referenced to in (c). Committee, the Committee may take such eager to hear feedback from people who (g) A respondent shall receive written no- action as it, by an affirmative vote of a ma- want to know more about the 30-Some- tice whenever— jority deems appropriate in the cir- thing Working Group. Madam Speaker, (1) the Chair and Ranking Minority Mem- cumstances. thanks to members of your class, we ber determine that information the Com- RULE 28. REFERRALS TO FEDERAL OR STATE have a number of new members of the mittee has received constitutes a complaint; AUTHORITIES 30-Something Working Group and (2) a complaint or allegation is trans- Referrals made under clause 3(a)(3) of Rule mitted to an investigative subcommittee; XI of the Rules of the House of Representa- they’ve been coming down and joining (3) that subcommittee votes to authorize tives may be made by an affirmative vote of us occasionally in these hours. We’re its first subpoena or to take testimony under two-thirds of the members of the Committee. glad to have Mr. ALTMIRE with us and oath, whichever occurs first; and f hopefully some guests to join us this (4) the Committee votes to expand the The SPEAKER pro tempore. Under a evening as we try to focus our discus- scope of the inquiry of an investigative sub- sion this evening on an issue of just in- committee. previous order of the House, the gen- (h) Whenever an investigative sub- tleman from Indiana (Mr. BURTON) is credible importance to our constitu- committee adopts a Statement of Alleged recognized for 5 minutes. ents. That is the issue of health care Violation and a respondent enters into an (Mr. BURTON of Indiana addressed for all Americans. agreement with that subcommittee to settle the House. His remarks will appear We sit at a moment of great eco- a complaint on which the Statement is hereafter in the Extensions of Re- nomic peril for this country and the based, that agreement, unless the respondent marks.) people that we represent. There is not requests otherwise, shall be in writing and an hour or minute, frankly, that goes signed by the respondent and the respond- f The SPEAKER pro tempore. Under a by when we are back in our districts ent’s counsel, the Chair and Ranking Minor- where we’re not talking to a family or ity Member of the subcommittee, and out- previous order of the House, the gen- side counsel, if any. tleman from Kansas (Mr. MORAN) is to a shop owner, to a factory worker, (i) Statements or information derived sole- recognized for 5 minutes. to a small business man about the dif- ly from a respondent or respondent’s counsel (Mr. MORAN of Kansas addressed the ficulty that they face in this economy. during any settlement discussions between House. His remarks will appear here- It’s getting harder and harder to keep the Committee or a subcommittee thereof after in the Extensions of Remarks.) businesses open. It’s getting harder and and the respondent shall not be included in harder to hold onto your job. And for any report of the subcommittee or the Com- f the now 91⁄2 percent of Americans that mittee or otherwise publicly disclosed with- The SPEAKER pro tempore. Under a out the consent of the respondent. previous order of the House, the gen- are out of work, it’s getting hard to (j) Whenever a motion to establish an in- tleman from Minnesota (Mr. PAULSEN) find a way back into the workforce. vestigative subcommittee does not prevail, is recognized for 5 minutes. For those of us who believe that now the Committee shall promptly send a letter (Mr. PAULSEN addressed the House. is the time to pass not incremental to the respondent informing the respondent His remarks will appear hereafter in health care reform but major struc- of such vote. the Extensions of Remarks.) tural health care reform, we support (k) Witnesses shall be afforded a reason- f that not just because we think that it’s able period of time, as determined by the a moral imperative, as the richest Na- Committee or subcommittee, to prepare for The SPEAKER pro tempore. Under a an appearance before an investigative sub- previous order of the House, the gen- tion in the world, that we shouldn’t be committee or for an adjudicatory hearing tleman from California (Mr. MCCLIN- the outlier in the global health care and to obtain counsel. TOCK) is recognized for 5 minutes. system by which we still stand as the (l) Prior to their testimony, witnesses (Mr. MCCLINTOCK addressed the only country in the industrialized shall be furnished a printed copy of the Com- House. His remarks will appear here- world that has such a high percentage mittee’s Rules of Procedure and the provi- after in the Extensions of Remarks.) of our citizens without access to our sions of the Rules of the House of Represent- health care system; not just that, as atives applicable to the rights of witnesses. f (m) Witnesses may be accompanied by The SPEAKER pro tempore. Under a the country which claims to be the their own counsel for the purpose of advising previous order of the House, the gen- leader of the free world, we still sit in them concerning their constitutional rights. tleman from Texas (Mr. OLSON) is rec- a country where children go to bed at The Chair may punish breaches of order and ognized for 5 minutes. night sick because their parents can’t decorum, and of professional responsibility (Mr. OLSON addressed the House. His afford a doctor; but because we believe on the part of counsel, by censure and exclu- remarks will appear hereafter in the that it’s part and parcel of how we sion from the hearings; and the Committee Extensions of Remarks.) start to get this economy back on firm may cite the offender to the House of Rep- f footing again. resentatives for contempt. For families out there that have seen (n) Each witness subpoenaed to provide THE 30-SOMETHING WORKING their wages remain flat over the last 5 testimony or other evidence shall be pro- GROUP: HEALTH CARE vided the same per diem rate as established, years and have seen the percentage of authorized, and regulated by the Committee The SPEAKER pro tempore. Under their income dedicated to health care on House Administration for Members, offi- the Speaker’s announced policy of Jan- costs grow exponentially, they didn’t

VerDate Nov 24 2008 06:00 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.099 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6388 CONGRESSIONAL RECORD — HOUSE June 9, 2009 figure out that this economy was in I cannot think of a bigger issue to be quality. So you have cost, you have ac- trouble last fall when the banks col- dealing with right now. We have so cess, and you have quality. lapsed. They knew it long ago. For our many issues that this Congress is deal- We have in many ways the best auto companies that have been strug- ing with. Certainly energy, education, health care system anywhere in the gling for a very long time to compete this enormous mountain of debt which world, and the challenge that we have competitively on a global stage when we have accumulated over the years, in putting this bill together is we want $1,500 of every car that they sell is at- all of these issues are critically impor- to preserve what works. We want to tributable to health care costs, $1,500 tant, and all of them are issues that say to the 87 percent of Americans who more than their competitors in Japan this Congress is going to deal with. The have health care, if you like your plan, or Germany, they knew that the health issue of health care is an issue that im- if you enjoy the health care plan that care system was dragging this economy pacts our national debt. We cannot dig you have and you want to keep it, down long before last fall. And for our way out of this hole. We cannot we’re not going to touch it and you can small- and medium-sized businesses achieve structural surplus like we had keep it. But if you want another alter- across this country who have seen in the 1990s. We can’t ever even ap- native, we’re going to find you another their premiums dedicated to keep their proach that until we deal with the sky- alternative. And if you have too much employees insured grow by 10 or 12 or rocketing cost of health care. out-of-pocket costs, you’re not satis- 14 percent a year, far outpacing the This is an issue that affects every fied with the situation that you have, similar increase in revenues coming American in this country very directly. we’re going to give you another alter- into their coffers, they knew that It affects every family and it affects native. But we want to preserve what health care was weighing this economy every small business in the country in works in the current system. We want down long before the newspapers dis- ways that other issues that we deal those who have health care to be able covered that this economy was in crisis with don’t on a daily basis. to keep it. And we want to make sure and in trouble last fall. So what we are talking about here that our medical innovation, our tech- If we really want to emerge from this tonight and what this Congress is nology, our research, which far exceeds recession stronger than ever, if we real- doing over the course of this summer anything available anywhere else in ly want to be competitive in the global as we put together this health care re- the world, is preserved. We want to fix stage, if we really want to recognize form bill is the three legs of the stool, what doesn’t work and we want to pre- the strength of this economy lying in as the gentleman pointed out, making serve what does work. the hundreds of thousands of 2- and 5- sure that we find a way for every So we are going to increase quality. and 10- and 20-person businesses out American in this country to gain ac- And we’re going to talk about, tonight, there in each and every one of our dis- cess to our system and get affordable ways we are going to do that, the ap- tricts, then we have got to fix our health care, making sure that we bring proaches we are going to take. We are health care this year. And we can’t just down the costs for everyone. Because going to increase access, bringing ev- do it with a Band-Aid here or there, we talk about the 47 million Americans erybody into the system, which helps pardon the pun. We’ve got to do it with who don’t have any health insurance us all. And we’re going to do access, real reform that at the same time low- right now. They get treated. They show we’re going to do cost, and we’re going ers the cost of care and expands access up at the emergency room, and they to do quality improvements in this bill, to more people. I happen to think that get their health care. It’s certainly not all the while preserving what works in it should be a right as a matter of the most cost-effective way. It’s prob- the current system. being a citizen of the United States ably not the most efficient way, and And the gentleman used an example that you should get health care, but I it’s probably not the best way for them of how we’re already paying for health recognize that the only way that you to get health care, but they’ll end up in care, something I mentioned earlier. do that is by lowering the cost of care the system somewhere. And as the gen- Those who are afraid to bring new peo- across the board. tleman knows, those of us who have in- ple into the system because they fear We spend twice as much as all of the surance pay for them. They get cov- that this is going to increase their own other industrialized nations on health ered. They get their treatment. But the costs, well, what I talk about when I care, essentially, maybe a little bit less cost shift that takes place is the reason have town meetings about health care than twice as much, for a system that why an aspirin costs $10 when you go to is, again, they’re already paying for still leaves 50 million people uninsured. the hospital. people who don’t have health insurance We can get access for everybody out It’s very easy to demagogue this in a variety of ways. When that indi- there as long as we start spending less issue if you’re in it for political rea- or, at the very least, that we start con- vidual shows up at the emergency sons, to say, well, here’s what they room, the cost shift takes place be- trolling the rate of growth. want to do: They want to take your So I think we are going to talk about cause the person without insurance money and give it to those people who all these things tonight as the 30- gets their treatment and somebody else don’t have health insurance because 87 Somethings come to the floor. We are pays for it. Those of us who have percent of Americans in this country going to talk about health care, health health insurance pay for it. That’s why have health care. We spend a lot of care reform as a moral imperative, as a an aspirin costs $10. time talking about those who don’t, matter of conscience for this Nation. I had knee surgery many years ago, We’re going to talk about it as an eco- but 87 percent of Americans have and to make sure that they operated nomic imperative, and we’re going to health care. Now, they are in many on the right knee, they put a black talk about it both from the context cases one illness or injury away from magic marker that said ‘‘L’’ on my left and the perspective of getting care to losing everything, certainly one job knee. When we got the bill, I saw that people that don’t have it today and loss away, and tens of millions of that black magic marker to put that trying to lower the cost of care so that Americans that have coverage live in ‘‘L’’ on cost $20. That’s because of the all of us, whether or not we have it or fear of losing it for those very reasons. cost shift that takes place. Now, that’s don’t have it, don’t continue to pay for Tens of millions more are under- one example. Every American who’s a system that far too often provides insured. They have some coverage; had to deal with the health care sys- very expensive care without having ac- they don’t have what they need. And in tem has a similar example. If every- companying results. many cases, the insurance companies body is covered and everybody is in the So I’m glad to be here on the floor have people, millions, approximately 2 same risk pool, we’re not going to have today with a good friend who has million people, that are employed in that type of cost shift that takes place. joined here for a number of Special this country specifically to find a way, But that’s only one example of how we Order hours, Mr. ALTMIRE. Ms. BALD- if you are insured, to make sure that are paying for it. WIN has joined us as well. they can deny your claim, to redline The gentleman talks about $1,500 of I’m glad to yield the floor to Mr. you, to find a preexisting condition ex- the price of every car made in this ALTMIRE. clusion, to find a reason why they country is due to health care costs be- Mr. ALTMIRE. I thank the gen- shouldn’t have to pay your claim. Now, cause American manufacturers have to tleman for yielding. that’s another of the issues. Lastly is pay for health care for their employees

VerDate Nov 24 2008 05:08 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.146 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6389 and other countries don’t have that est cost in the whole system. If you imum, delay its onset, you’re changing burden in the manufacturing sector. were uninsured, you were going to pay that person’s life for the better. You’re making a material difference in the life b 2015 top dollar for that visit, and you were going to pay top dollar for that drug. of that person and of his family. You’re So we’re starting at a $1,500 disadvan- You don’t get the benefit of the bulk also, in a more global sense, saving tage for that one product. Think about purchasing that the Federal govern- money for the health care system. If the supply chain. Think about the way ment gets through Medicaid or through you take that one person times the en- goods and services end up in a con- Medicare or that the insurance compa- tire country and the entire group of sumer’s hands. Think about the dis- nies get through similar programs. people for whom you can delay the tribution from the person who manu- So, one night, she finally decides the onset for not just diabetes but for any factures it—from the company that pain is just so unbelievable that she affliction which one may later get in manufactures it—to the people who can’t stand it anymore, and so she goes life, you can prevent injuries if you distribute it, to the people who stock to the emergency room. She gets to the keep people healthy. For the weekend the shelves, to the people who operate emergency room too late to save her warriors and so forth with joint inju- the stores, to the people who run the foot. She has a foot infection that has ries, with arthritis and its onset, these cash registers. At every segment of gotten so bad that she has to have it are very costly diseases to treat, and that supply chain, there is a health amputated. For her, that is a life- they can be debilitating in many cases, care component to that. That com- changing event. Her life is never going but they can be prevented or they can, pany, that business is paying, in many to be the same. She is never going to be at least, be made better in many cases. cases, health care for their employees. the same person or the same mother. So this is the type of thing that we That is what we’re paying for. She is going to have to deal with the want to incentivize in our health care So, when you hear about people who disability for the rest of her life just system for which, right now, there is don’t have insurance and when you because she didn’t have the money or no incentive. Under our current reim- hear about the skyrocketing costs of the coverage to get some simple anti- bursement in health care, we reimburse health care, think about that part of it biotics that would have treated that based on the number of times one as well, not just what your copayment foot infection. That just doesn’t make shows up to a doctor’s office. Their in- or your premium or your deductible is. sense in the richest country in the centive is also for you to be sick. They Think about how every sector and world. make more money the more often you every segment of our lives is impacted Think about it from just a cost per- go to see them. We want the reimburse- by that. spective. I don’t know how much that ment system to be based on keeping Mr. MURPHY of Connecticut. Will surgery cost, but it was in the thou- you healthy and on keeping you out of the gentleman yield? sands of dollars, I am sure. She didn’t the system, reimbursing based on the Mr. ALTMIRE. I will. have the money to pay for it. Maybe quality of care provided, not on the Mr. MURPHY of Connecticut. I want she got billed for it, but probably, more volume of services provided. So this is to just put an example to one of the than likely, it just sort of got sucked one example of the policy option that points you made here, which is this into the unreimbursable cost by that we are considering. I would be delighted to yield to the cost shift that happens. You talk about hospital and got picked up, essentially, gentlewoman from Wisconsin at this the folks who don’t have insurance or by the taxpayers in subsidies for that who are underinsured. They get it, time. hospital or by those people who had the Ms. BALDWIN. Well, I thank the gen- right? We have universal health care in insurance, through higher insurance this country. You’ve just got to wait tleman. rates, in order to help the hospital to I also want to appreciate my friend until you’re so sick that you end up in compensate for the people like that and colleague, Congressman MURPHY, the emergency room until you get it. woman who didn’t have care. for bringing us together on this really In fact, President Bush, while he So we paid for that surgery. You and critical issue. stalled on health care for 8 years, fa- I paid for a surgery that didn’t have to You know, health care for all is the mously remarked, you know, don’t happen. There is a woman walking issue that brought me to politics in the worry about the uninsured—I’m para- around now with her life fundamen- first place, and it’s certainly the issue phrasing—because they’ll get health tally altered simply because she didn’t that keeps me here. I join my col- care when they need it. They just have have access to insurance. Sometimes leagues tonight on the floor to affirm to show up to emergency rooms. people need to hear these examples, our fight that we must complete com- Well, I’ve told this story maybe even Mr. ALTMIRE, of what it really means prehensive health care, meaningful and on this House floor before. I told it 100 when somebody only has health care affordable comprehensive health care times back in Connecticut. When we when they get so badly sick or ill that reform, this year. We can no longer af- were debating health care reform in they show up in emergency rooms. ford to wait for health care reform. the State legislature, I’ll never forget a Mr. ALTMIRE. I thank the gen- There was a recent report from the woman who came and testified before tleman. very respected Robert Wood Johnson us. She told this story: That is just one example, and we’re Foundation that projects, if Federal re- She said, you know, I was working. I going to deal with a lot of policy op- form efforts are not completed, that was employed, but my employer didn’t tions over the next several months. To within 10 years the cost of health care provide health care, and I didn’t make talk about just one related to what the for businesses could double, that the enough to go and get it on my own. I gentleman is talking about, prevention number of uninsured Americans could think she might have had some kids, and wellness is something that every- reach 65.7 million and that middle in- and she had gotten them insured, but one can agree has to be an important come families would really be the hard- she hadn’t had insurance herself. She component. We have to incentivize doc- est hit. They would bear the brunt of started noticing over the course of a tors and hospitals and our health care our inaction. couple of weeks that she had a real system more generally to keep people I represent a district in south central pain in her foot. The pain would sort of healthy and to keep people out of the Wisconsin. Last month, I had the op- get worse, and then it would get better. system and not wait until the last portunity to gather and to meet with a She knew that she should go see a doc- minute when a situation develops like number of stakeholders in my commu- tor, but she knew that a couple of the one the gentleman talked about. nity. I got a chance to hear from di- things were going to happen: one, she In western Pennsylvania, where I’m verse perspectives—from public and was going to be billed a pretty exorbi- from, I’ll just talk about one disease private urban and rural health pro- tant amount for the visit; two, she was which is near epidemic proportion. viders, from patient advocates, from going to have to go into the pharmacy That’s diabetes. In some cases, it’s pre- insurers, from businesses, and from and have to probably pay for some an- ventable. In some cases, it’s not. For labor. I always find it extremely help- tibiotic to treat it. She was savvy every individual whom you can put on ful to hear divergent viewpoints and to enough to understand that, when she a program of wellness and can prevent get new suggestions as we prepare to did that, she was going to pay the high- diabetes from taking place or, at min- write this bold, new legislation.

VerDate Nov 24 2008 05:08 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.147 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6390 CONGRESSIONAL RECORD — HOUSE June 9, 2009 No matter what their particular per- office for 29 years. I employ two full- ment of the country to the next, is that spectives in this debate are, their main time employees and one part-time em- isn’t necessarily the case, that spend- message was very clear, that the sys- ployee. I provide health care benefits ing more money and just having more tem is broken and that we have to fix for our small firm, but I have faced an health care doesn’t necessarily deliver it. Some would argue that we really annual increase in premiums of 12 per- better health care. There are great sur- don’t even have a system intact any- cent, forcing me to pass on higher cost- veys from Dartmouth University and more. sharing to these three employees. One other places that show that, actually, I want to share just three quick sto- employee has diabetes and also extends if you can better coordinate care, if ries from constituents, from Wisconsin- coverage to her husband, who is a dairy you can get physicians talking to each ites, that really symbolize what is bro- farmer without health insurance cov- other, if you can get primary care doc- ken in our health care system, that erage. Because of their high medical tors doing more work up front, you can being the unaffordability of individual costs, it would have been very difficult spend more money on preventive markets, the insurance discrimination for me to find new health insurance health care, as you talked about, that based on preexisting conditions, and without facing even higher rates. you can get better health care out the struggles of small businesses. I Health insurance is becoming steadily there. So one of the things when we really think it’s important that we, as less inclusive and more difficult to talk about controlling cost is trying to Americans and as Members of Con- keep—and it’s no wonder that, in to- actually get people to have a decrease gress, hear these stories. Our constitu- day’s economy, families count health rather than an increase in utilization. I ents, using their own words and telling care costs as one of their top pocket- think it will be a big central part of their powerful and compelling stories, book issues.’’ our discussion here about how we do make the best case for health care for Madam Speaker and colleagues, that. all and for the actions that we must these stories illustrate why affordable, There are very interesting ideas take. So I’m just going to share with quality health care for all is so impor- about how you try to encourage pro- you excerpts of three letters that I’ve tant and is so necessary. Universal cov- viders to work together, about how you received. erage is both a moral and an economic invest more in primary care. But a sub- One is from Jean from Rio, Wis- imperative if we are to succeed in the ject that we have talked about on this consin. Jean writes, ‘‘My husband, 21st century. For the first time, I firm- House floor, which is going to be funda- Steve, has worked hard his whole life, ly believe that health care for all is mental to this discussion, is giving but as of last year, he has not been able those physicians and hospitals the to find work because of the downturn within our grasp. We must act now. Again, I want to thank my col- tools to do that. The only way that you in the economy. Neither of the jobs leagues, my friend Congressman MUR- can try to get doctors talking to each that I have held have offered me health other about complicated patients, the insurance. We have relied on insurance PHY and my friend Congressman ALTMIRE, for taking this fight up and only way that you can try to really that we purchased in the individual empower the consumers themselves to market, which costs nearly $10,000 a for bringing us together to address this important issue. take more ownership over their own year and has a $5,000 deductible, mean- health care is to make sure that they ing that we pay out of pocket for basic Mr. MURPHY of Connecticut. Thank you very much, Ms. BALDWIN. I’m al- have the ability, as physicians or pro- doctor visits, screenings and prescrip- viders, to track those patients through tions. ways amazed at how articulate your constituents are. It really is amazing the system or, as a consumer of health ‘‘Twenty years ago,’’ Jean writes, care yourself, to track your care as you ‘‘Steve became very ill, and in the in- to hear the stories firsthand because, as Mr. ALTMIRE mentioned and as one move through the system. Technology tervening years has developed multiple is really the key to that, and we have brain tumors that require extensive of your constituents mentioned, there already taken a great step forward on treatment and care. We eventually re- is an entire industry out there that is that issue through the stimulus bill. alized that he has recurring tumors due dedicated to trying to stop people from There is $19 billion in the stimulus bill to a neurological disease and should be getting care. That’s what you get when dedicated to building out the world’s screened on an annual basis. Unfortu- you build in the type of profit motiva- best, most connected, most highly nately, insurance does not cover these tion that we have and the pressure on technologically advanced health care $13,000 procedures, and we cannot af- shareholder return. We treat health information system so that as an indi- ford to pay that on an annual basis. We care and the economy around it just vidual walks into the emergency room, can only hope and pray that more tu- like we treat, basically, every other in- mors are not developing. It is just so dustry out there. I think there are a lot that that treating physician can imme- infuriating that, in this wonderful of us here who believe that there is diately figure out what his medical his- country, we cannot get wonderful med- something fundamentally different tory is, what tests he’s already had, ical care.’’ about health care than the auto indus- what’s been ruled in, been ruled out Lorraine from Port Washington, Wis- try or the cereal industry or the widget relative to the illness that they present consin, writes, ‘‘When my husband industry and that, when the con- with. We can save billions of dollars filled out an insurance application in sequences of somebody’s not being able just by having better information in July of 2002, he was asked if he had to get that product is life or death, the system. I am so glad that our ever been diagnosed or treated for can- maybe we should have some different President had the foresight to see cer in the past 5 years. He replied, ‘No.’ rules that govern it. Maybe there is no those savings down the line by invest- He had never been diagnosed with can- problem with having some incentive ing money in the stimulus bill to get cer nor operated on nor treated for can- built in for innovation, for success and that technology out as quickly as pos- cer. What he did have was basal cells— for all the rest. Maybe there should be sible so that it can be a platform for small carcinomas—which are never a limit to that, and there should be those savings. There are going to be a malignant and have to be removed some constraints on the system. thousand different ways that we talk from most blue-eyed blonds in the about to save money in this system, b 2030 course of getting older. and we know that that’s how we get ac- ‘‘When my husband was diagnosed So I thank you for joining us, and cess. But I don’t think any of it is with bone marrow failure disease, the please stick around for a little while. going to be possible, Mr. ALTMIRE, insurance company denied any cov- Mr. ALTMIRE, you are talking about without that investment in tech- erage for his medical care, citing a pre- the three pedestals here of access, cost nology, something that you talk a lot existing condition. We were left with and quality. I think it’s just important about. over $125,000 in medical bills. My hus- for us to talk for a second about how Mr. ALTMIRE. We have talked about band has now passed away, and I am we sort of have an assumption in this that, and I do think that the money just thankful that I am not in com- country that the more money you that was in the stimulus plan and then plete financial ruin.’’ spend, the better care you’re going to money in the succeeding budgets, Sally, from Madison, Wisconsin, get, right? And what we have found, as which we’re also going to make a pri- writes me to say, ‘‘I’ve had my own law we sort of surveyed one particular seg- ority, is going to make a big difference.

VerDate Nov 24 2008 05:08 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.149 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6391 Health care is the only major industry servicemen or -women who are serving floor very often to talk about the crisis in the country remaining that has not our country as part of the Department in our health care system, and he talks gone to an interconnected, interoper- of Defense, you’re a part of their pro- in a very articulate way about the need able computerized system. And I would gram, and they have all of your med- to upgrade our information system. So ask my colleagues to think about the ical records; but when you leave the there’s a lot of potential agreement on fact that—the gentleman’s from Con- military and become a veteran and this issue between Republicans and necticut, and I’m from Pennsylvania— enter the VA system, under the current Democrats. But it didn’t stop the sort if we go to San Diego, and we put our system, the Department of Defense of right wing in this country from bank card in the machine, we can pull sends a PDF file by e-mail to the VA, going out and spreading lies that this up all of our financial records in a safe and somebody has to open up that file. investment in information technology and secure way and never think about They can’t manipulate it in any way. was the Federal Government’s attempt privacy or any type of intrusion. You They have to type by hand your entire to have a Big Brother takeover of just take for granted that that’s going career’s medical history—if you’ve health care, and this was the Federal to work. But if you show up on that been there for 30 years, think about Government reaching in and control- same trip at the emergency room in what we’re talking about—into the new ling all of your health care information San Diego, well, they don’t have any of system for the VA. and knowing everything about every your records. They don’t have your his- Now Secretary Shinseki and Sec- illness that you’ve had or prescription tory. They don’t have your family med- retary Gates have announced that drug that you’re on. It’s the furthest ical history. They don’t have your al- moving forward, they’re going to thing from the truth. We’re just simply lergies. They don’t have any of your merge the systems for the new people trying to standardize private health imaging, your x rays and so forth. And who enter the military. So moving for- care investments that have been made they’re going to ask you half a dozen ward with the newer generation of our by hospitals and doctors across this times when you’re there, what are you military men and women and our vet- country. But I think it speaks to how allergic to, and can you fill out these erans, we’re not going to have this difficult this debate is going to be- forms and, most importantly, how are problem. But for the millions who have come. There is a group of folks out you going to pay, what’s your insur- served up to this point, it’s not inter- there who are either just ideologically ance? But if we were to go to a system, operable. They cannot communicate opposed to having the government have like every other industry in America with one another. any role in health care, or folks who has, where you have an electronic Mr. MURPHY of Connecticut. Mr. are part of the status quo who are health record that goes with you every- ALTMIRE, scale it down. There are making their fortunes off of health where you go and has your family his- thousands of hospitals, some of which care today that don’t want the rules of tory records, your personal medical are in the State of Connecticut, that the game changed. Even when it comes history, your allergies, and yes, all have competing systems, even within to what should be fairly noncontrover- your insurance information, then when their own hospitals, that don’t talk to sial issues, like investments in infor- you show up at the emergency room, each other. There are hospitals that mation technology, I mean, my God, they’re not going to have to ask you have one electronic records system for you know, it’s boring to say, right, but half a dozen times. They’re going to be their emergency room and then one it’s so important. It’s just not that able to get right down to the business electronic medical records system for controversial. We’re still going to find of treating you for whatever the reason their in-patient unit. So the same a lot of people on the outside that are is you find yourself in that situation. thing that happens as you move from going to fight us on this issue, as they We have to make sure that as we move active service out to be part of the vet- will on many others, Mr. ALTMIRE. forward as a country, we reward those erans health care system works within Mr. ALTMIRE. There are many who have already taken matters into a matter of days in a hospital setting. issues that are just like that, as the their own hands. There are a lot of When you come in and present to the gentleman knows; and this gets to the major health systems in this country ED, you then aren’t on the same record complexity of the bill that we are from coast to coast that have spent system when you move over to the in- going to be bringing to this floor and hundreds of millions of dollars of their patient unit. Now that is because we do to the other body over the course of own money to make this a reality, to not have a sort of nationally agreed- the next several weeks. If you look at connect their own systems. The prob- upon platform for how systems commu- what we expect, at minimum, the out- lem that we have in implementing this nicate with each other. And a lot of come to be on the insurance side, I is, if you’re a wealthy community and hospitals say to themselves, well, I think everyone would agree that a very you have a system that’s making a lot have got one really good system for likely outcome is going to be the insur- of money, a hospital system, you can emergency rooms, and then I want to ance industry will not be able to red- afford to do that. But if you’re a rural buy this other really good system for line you. They’re not going to be able physician, a health care provider in in-patient care. We have got to have to use pre-existing conditions to ex- central Pennsylvania or anywhere in some national standards that basically clude you from care. They’re not going this country 80 miles from the nearest say to any hospital or physician’s of- to be able to do the lifetime limits for hospital, you can’t afford hundreds of fice that’s buying into a records sys- people with chronic diseases. Basically, thousands of dollars to upgrade your tem that you can be guaranteed that they’re going to have to take all computerization to interconnect your you are going to get a system that pre- comers, and they’re not going to be records with the nearest hospital. It’s sents you with all the data and tools able to set your rates based on your in- just something you can’t even con- that you need and will be able to com- dividual health status. I think we sider, and that’s where this money is municate with everybody else. In fact, would all agree that is a likely out- going to go. We’re going to move to- there’s no way that we’re going to come to this debate. wards having an interconnected system spend that stimulus money without Now the insurance industry makes a in this country to resolve some of the some national standards to guarantee compelling case, and I think an actu- issues that the gentleman has talked that that happens. But as a sort of pre- ary would tell you that the only way about. We’re not going to allow it to view as to how politicized and how po- that works is if we find a way to make get to the point—with the Department litically charged this debate can be- sure everybody is included in our of Defense, for example, which has a come, when we were debating that por- health care system. You can’t just wonderful health care information tion of the stimulus bill, which really have the sick people or the people who technology system, and the Depart- is a commonsense investment in infor- are about to become sick part of the ment of Veterans Affairs, which also mation technology, something that risk pool. You have to have everybody. has a wonderful health care informa- there should be no reason why Repub- That’s why it’s so important that we tion technology system; but there’s licans and Democrats should disagree. I expand access to the entire Nation, in- one problem. They literally cannot don’t want to put words in Mr. BUR- clude these 47 million Americans who communicate with each other. What GESS mouth. He is a Republican Mem- don’t have health coverage, the tens of they do is, if you’re one of the brave ber from Texas. He comes down to the millions of more that are underinsured

VerDate Nov 24 2008 05:08 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.150 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6392 CONGRESSIONAL RECORD — HOUSE June 9, 2009 because the only way the risk pool b 2045 worker. That might be a benefit that works is if you have the young and the So, a lot of us say, well, you know, small businesses would like to offer. healthy, people who aren’t going to use why not give people the option, if they We want to give them the opportunity the services right now today to offset don’t like the private insurers who are to afford that benefit if they so choose. the risk for those who are. But as the inevitably going to take a piece of But, again, we want to preserve what gentleman indicates, there is still their premium and pay the CEO a big is working in our current system. We going to be opposition to this concept salary or pay back shareholders or turn want those who have coverage and like when we move forward and when we it into profit, why not give them the it to not be touched in this. And that talk about ways to move people into option to purchase a nonprofit, govern- has to be a part of this. But for those the system that currently don’t have ment-issued plan? that want to have another option, access. Now, Mr. ALTMIRE, you are right, those who want to make a change, One of the ideas that we talk about, that that only works if that govern- maybe the family status has changed which the gentleman from Connecticut ment option, that government health over time, the plan that you are in is very involved in, is the idea of hav- care option, has to finance itself; that doesn’t work for you any more, we ing a choice for people to join a plan it doesn’t get a subsidy from the Fed- want to give them as many options as that would compete with the private eral Government to help it compete possible, and we want to give them the insurance industry. We hear a lot of with the private plans. But if that pub- ability, as the gentleman indicates, to talk about how the private sector al- lic insurance option has to pay for do some comparative shopping, to com- ways does it better than government. itself, just like every private insurance pare apples to apples, to look at what They’re more efficient. They’re more company has to, they collect pre- the costs are for the family situation cost effective. The government is too miums, pay for care and it all has to be across the different plans. Right now bloated. So I would say to those who self-financing, then you are exactly you are unable to do that. make that case, well, then, what are right, what is the problem? If you are a Federal employee and you worried about? What are you wor- If the government is so inefficient, you have the Federal Employees ried about the competition from the then they will end up having an insur- Health Benefits Program, it is a little government if the private sector al- ance plan that costs more than the pri- bit easier. That is a plan where you are ways does it better than government? vate insurers, and nobody is going to able to look at some of the paperwork The difference in this case, if we do it buy that. But if our theory is correct, and get on the computer and do com- right—and certainly there are ways that by not having the profit motiva- parison shopping. We want every Amer- you can structure it that wouldn’t be tion that the private insurers have, ican to have the same ability that Fed- the correct way—but if we establish a that they can run a more cost-effective eral employees have today. I would say to the gentleman, when level playing field for the competition, product, then why shouldn’t consumers we talk about this idea of the employ- you are going to have a situation have that choice? ers being required in some way to ei- where there’s not going to be a profit The people in this Chamber who are ther offer health insurance to their em- motive, and there’s not going to be any going to say there can be no public in- ployees or to pay into the system so reason for someone to choose that plan surance option available to individuals that those employees will have the who’s involved in shareholding and so are taking choice away from con- ability to make that choice, we don’t forth. You’re not going to have that. sumers. I would rather have my 700,000 want to do that in a way, and I want to You’re not going to have people who constituents be able to have as many be very clear about this, we don’t want are employed to try to deny claims. choices as possible. I want them to de- to do that in a way that is going to That might be a difference in the way cide whether they think that private incentivize employers to say, well, you these plans compete. But if we do it insurance or public insurance is better know what? I will just stop offering right, it would be a level playing field. for them. Everybody will answer that question health care coverage and all of my em- Mr. MURPHY of Connecticut. The differently. But I think that those of us ployees can go into the plan. That is gentleman knows that I think this is, that are going to be favoring a publicly not what this is about. for me, critical to reform going for- sponsored health care plan as one of We don’t want to add one more finan- ward. I really do think that if you em- the options for individuals and busi- cial burden to half of the small busi- power consumers to have real choice, nesses out there are going to be on the nesses in the country, the ones I am that that is one of the ways in which side of consumer choice, and I think if talking about that are already unable we’re going to control cost. Right now we give consumers that choice, it is to afford health care. We don’t want to when you decide you want health care going to create a really competitive add to their financial burden. We rec- insurance, if you are a business or an structure that will end up with some ognize that this is a very complicated individual, it’s a real cloudy picture people having public insurance, some issue and it is going to be very difficult out there. You don’t know exactly people having private insurance, but a to achieve these goals. what you’re buying. You don’t know real competition by which we lower Mr. MURPHY of Connecticut. Mr. the combination of deductibles and health care costs, Mr. ALTMIRE. ALTMIRE, we spend so much time with premiums that are going to force costs Listen, I get it. The devil is in the de- our business community, our chambers on you. You can’t ever be sure exactly tails of making sure that you don’t of commerce, when we are back home what the benefit plan is, whether pre- give a little competitive advantage to and when they come visit us down existing conditions are covered here that public option, but I think that it here, that we know what the reality is and not here. So one of the things that is really a linchpin of health care re- out there. we’re talking about that is funda- form going forward, if we can get it These folks that right now can’t af- mental to this reform is really trying right. ford to give health care to their em- to standardize the market, creating Mr. ALTMIRE. Think about the com- ployees desperately want to do that. some national standards for health in- petitive advantage that businesses They want to do it first because it is surance; that you’ve got to have this have in this country. Some are able to just the right thing. They are members basic benefit package that covers pre- offer health insurance, some are not. of their community like anybody else ventive services and real catastrophic Less than half of small businesses in is, and they want to be able to provide care; that you can’t discriminate this country are able to afford to offer health care to their employees, wheth- against people that have pre-existing health care to their employees. er they have two employees or 40 em- conditions; that you can’t have life- What we want to create is a system ployees. That is just the kind of people time limits; to basically give people where everyone in America will be cov- that are out there running small busi- some certainty that when they go out ered and every business that chooses to nesses by the skin of their teeth across and purchase insurance, that they’re do so will be able to afford to offer that this country. going to get insurance, that they’re benefit to their employees and to their But they also need to do it from an going to get something they can actu- potential employees to be able to re- economic standpoint. They know that ally use. cruit and retain the highest quality to the extent that they can’t offer

VerDate Nov 24 2008 05:08 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.151 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6393 health care or can’t offer the kind of Gingrich’s pollster essentially out- feedback on what you have heard this generous plan that they would like to, lining in 28 pages how you stop health evening, www.speaker.gov/30something they are at a disadvantage against care reform from happening. That is is where you find us on the Web. their competitors who can offer that the agenda of a lot of people in this f type of health care. They are at a dis- town, a lot of folks on the other side of NOT LEARNING FROM HISTORY advantage against the big employers the aisle, that they do not want health who can steal their employees away. care reform to happen. The SPEAKER pro tempore. Under So this is really an issue that our Now, some of it is for good, honest the Speaker’s announced policy of Jan- small businessmen are waiting to be a policy reasons. I believe it is an incred- uary 6, 2009, the gentleman from Mis- part of the solution, and if we can offer ibly mistaken belief that the private souri (Mr. AKIN) is recognized for 60 them, whether it is through a public sector can just fix this on their own. minutes as the designee of the minor- option or through lower rates on pri- They haven’t done it for the last 50 ity leader. vate plans, a more affordable health in- years. How can we expect they are Mr. AKIN. Madam Speaker, there surance option, they are going to take going to do it overnight? was a cynical comment that was made it. They are going to grab it. Some of it though is very cynical pol- by people who take a look at history. You are right, we don’t want to set itics. Some of it is due to people that They say that one of the things we up any incentives where they are going look back to 1994 and the failure of the learn from history is that we learn to push people off to the public plan. Clinton health care plan in the 2 years nothing from history. I don’t know But we know the majority of folks are prior, and believe that if folks can that that is universally true, but cer- going to want to be part of the solution stand in the way of President Obama or tainly for our subject for this evening, out there, just for reasons of con- this Democratic House passing health that will certainly be the theme, that science, but also for reasons of their care reform, that they will gain some we are not learning very much from own salvation as a particular business. electoral advantage out of that. history. Mr. ALTMIRE. And the gentleman Now, I hope that is the minority of We are going to be taking a look at hits the nail right on the head, talking people that are standing in the way of the fruit of fiscal mismanagement, and about bringing down the costs. That is this bill. But make no mistake, there particularly what is going on in our where we started this discussion. We are people out there who simply see po- country in terms of a very, very impor- are going to pass a health care reform litical advantage against Democrats in tant number, and that is unemploy- bill this year. I am confident in saying general or against the President of the ment. The unemployment numbers that. The public support is there, the United States in stopping health care have continued to rise, in spite all support in this Congress is there. We reform from happening. kinds of assurances that by spending need to certainly finalize the details, Now, they may have succeeded back tons and tons of money, that we can and that is going to take some work. in 1993. I wasn’t here, Mr. ALTMIRE turn those numbers around. But this issue is too important, it is wasn’t here, so we can’t speak to all The historic connector here that is I too important to this country, it is too the reasons that happened. But that is think quite interesting is a fellow by important to families, it is too impor- not going to happen this time. Not be- the name of Henry Morgenthau. Prob- tant to businesses, and it is too impor- cause you have got smarter people in ably you have not heard of Henry Mor- tant to every individual in this country the House of Representatives or you genthau, but he was an important fig- for this not to become law this year. I got necessarily a better strategy mov- ure in his own day. And here in this am confident that will happen. ing forward, but because the American Chamber, in this House, Henry Morgen- We have to bring down the costs of thau met with the Ways and Means health care. That is why this is so im- people are not going to stand for the Committee in 1939. portant. We have to bring down the status quo. They know this economy is tough Henry Morgenthau was FDR’s Sec- costs for our families, we have to bring and they feel more conscious than ever retary of the Treasury and he had 8 down costs for our businesses, and we of the fact that they are just one pay- years working on a theory that is certainly have to bring down the costs known as Keynesian economics. He was for our government. check away from losing their health As I started our remarks tonight by care and becoming one of the tens of one of the main architects of Keynes- saying what this is about is the struc- thousands of individuals out there who ian economics, whose idea was that tural deficit over the long term that we have been forced into bankruptcy be- what the government needs to do is to have in our budget, and addressing the cause of health care costs. stimulate the economy. You have issues like energy and like education The status quo is not good enough for heard that phrase over and over, stimu- that have led to the skyrocketing def- people out there, and despite 28 pages late the economy, and the purpose of icit and debt that we have over the of polling telling the folks on the other stimulating the economy is, of course, long term, and the only way you can side of the aisle how to stop this from to create more jobs. begin to bring that under control is by happening, I believe that the will of the That is a little bit like grabbing the bringing down the cost of health care majority of Americans is going to straps on your boots and lifting up and for everyone in this country at every bring us together to get a good bill trying to fly around the room. It level, both in the private and the pub- passed. doesn’t work. And after 8 years of We are here as 30-somethings in the lic sector. That is what this bill is failed experience, these were the words, Democratic Caucus talking about that going to do, that is what this discus- the very quote of Henry Morgenthau tonight, but I believe that there is sion is about. here in this building before the Ways So, to close it out, I would yield back going to be a groundswell of public sup- and Means Committee. to the gentleman. port that is going to force us, both par- He said, ‘‘We have tried spending Mr. MURPHY of Connecticut. I ties, to come to the table and do some- money. We are spending more than we thank Mr. ALTMIRE and Ms. BALDWIN thing, not small, not minor, not tem- have ever spent before, and it does not for joining us tonight. porary, but something big and perma- work.’’ His words are echoing down Let’s make no mistake about this. nent to fix all of the underlying prob- through history. ‘‘It does not work, I This is going to be a fight. This is lems in this health care system, to say. After 8 years of the administra- going to be a fight, because to do this make sure that more people have it tion, we have just as much unemploy- right, you are going to have to take on and less businesses are burdened by it. ment as when we started, and an enor- some folks who have gotten real fat So, again I would like to thank mous debt to boot.’’ over this health care system. You are Speaker PELOSI for once again giving These are the words coming to us, going to have to take on some us the opportunity as the 30-something floating down through history by ideologues that just don’t believe that Working Group to come down here to- Henry Morgenthau, the main architect the government has any role in trying night, and remind folks that they can of Keynesian economics. Franklin to get health care to people. e-mail us at Delano Roosevelt, the master of the There is a polling memo going [email protected]. If policy of stimulating the economy with around Washington written by Newt you have any questions for us, any big spending.

VerDate Nov 24 2008 05:08 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.152 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6394 CONGRESSIONAL RECORD — HOUSE June 9, 2009 Maybe we haven’t been doing a good and then fill the abandoned coal mine selves trying to put a spin on this thing enough job on stimulating the econ- up with garbage and turn the entre- saying, Oh, it’s really not as bad as it omy with big spending, so let’s just preneurs loose to dig up the money. seems. The rate of growth of unem- take a look and see what we have come That would solve all the unemploy- ployed people has slowed down, or it’s up here in just the last year or so. ment in the United States of America. less than we thought it was going to I am joined by a number of my good Now, that doesn’t sound very ration- be. friends and colleagues who are going to al when I say this on the floor of the Can you imagine if we were 12 help us in unpacking some of what is in House of Representatives, but that months ago, 24 months ago, when this spending that we have and also came out the mouth of John Maynard George Bush was President, what the going to help talk about this incredible Keynes, who inspired this Keynesian press would have said? They would statement that was made by the Presi- economics and Morgenthau’s response. have said, It’s horrible, and the policies dent last week that, somehow or an- I yield back. are doing this and driving unemploy- other, that his administration had cre- Mr. AKIN. I just have to kind of won- ment up. ated 100,000 to 150,000 new jobs. It is der what he was drinking when he Mr. AKIN. Just reclaiming my time a kind of amazing, because all of the ac- came up with a theory like that. That’s minute. What would the press have tual numbers from the government an interesting tidbit of history. said if, under the Bush administration, show that that is not true at all. Mr. KING of Iowa. And we didn’t they claimed that they created 100,000 have EPA approval either. to 150,000 jobs and they didn’t have any b 2100 Mr. AKIN. He didn’t have EPA to put documentation for that? Say, Where in So we have quite an interesting the garbage in the mine. I’m sure he the world did you get that number, be- evening together. And I’m joined by a would have gotten in trouble with that. cause the numbers that have just come good friend of mine from Iowa, Con- It’s just a treat to have, also, my out show that we’ve lost jobs. It’s gone gressman KING, who is here to join us good friend Congressman LAMBORN the other direction. in our conversation tonight. I hope who’s joining us tonight as well. And If you had a track record like that— that everybody else will feel com- we’re just getting started now, talking this is just the year, this year. This is fortable to just tune right in and join a little bit about this idea that some- starting in February, March, April, us. We’re going to have a little bit of how all of this spending that we’ve this is another March, 14, 28, April, fun and take a look at some of the eco- been seeing in this last year that we’ve April, May and May, this is just a few nomics. It’s a serious picture, but it’s been here together, this incredible months here. And this is what’s going an example to us that we must learn level of spending, is supposed to help on with unemployment. And you’re out from history. It’s also an example of with this unemployment problem. And here and you claim, Hey, we just cre- the fact that America is on the wrong yet, just as Morgenthau would have ated a whole lot of jobs. People would track. predicted, we’re seeing unemployment kind of wonder, I would think the press As we take a look at what’s going on going up and the spending just totally corps would say, Wait a minute. with job losses, I think many Ameri- out of control. Where’d you come up with this 100,000 cans, Congressman KING, understand I yield time to my good friend, Con- to 150,000 jobs that he claimed last the fact that all is not right and that gressman LAMBORN. week that they created? I supposed unemployment number jumping up as Mr. LAMBORN. Well, I thank the he’d say, Well, if we hadn’t passed this high as 9-something percent is not ac- gentleman from Missouri for letting great big porkulus bill, why, by golly, ceptable. me have this time. It’s good to join you it would be worse. Of course he hasn’t I would yield time to my good friend for a few minutes with this time that learned from Henry Morgenthau. from Iowa, Congressman KING. you’ve put together to speak and I yield back. Mr. KING of Iowa. I thank the gen- present to the American people and to Mr. LAMBORN. The gentleman from tleman from Missouri (Mr. AKIN) for have a dialogue between each other Missouri is correct. It’s so incon- pulling this hour together. And I lis- what the spending is really costing us. sistent. If this was the previous Presi- tened to the first flash of illumination And so far it’s not producing jobs. I dent, the press would just be laying of common sense here coming from think we hit 9.4 percent, if I have that right into him. Right now they’re giv- deep within history of Franklin Delano correct, of what the latest unemploy- ing the President a pass. And it’s in- Roosevelt’s administration, his Treas- ment figures are. consistent, and I think the American urer, Henry Morgenthau, saying that Mr. AKIN. Just affirming that, re- people can see through that. Keynesian economics does not work. claiming my time and affirming that And Congressman, you also men- And so I wanted to add to this, John number, yes, it is now 9.4 percent. You tioned, what are these phantom jobs Maynard Keynes’ philosophy that he recall that there was a promise when out there that were saved? Anyone can spoke about during that period of time we got to this great big—they call it a claim, well, there’s one or two or of the implementation of the New Deal stimulus bill. We call it the porkulus 300,000 jobs that were saved. I can’t that was presented by FDR, and histo- bill. When we got to this porkulus bill, document it, but just take my word for rians have taught for years that FDR’s they said, If you don’t pass this bill, if it, and the press isn’t looking at that New Deal saved us from the Great De- you don’t do that, why we may have either. I just wish the press would do pression, although there isn’t any evi- unemployment at 8 percent. And here their job of being an honest, objective dence of that, especially, FDR’s Sec- we are at 9.7 percent, and we did pass observer and reporter of what the facts retary of the Treasury making the the bill. And so the excuse is, well, this are. And until the press does that, the statement that Keynesian economics thing is really helping us a lot. Well, I American people are really not being does not work. sure hope it doesn’t help us in that di- served well. Now, Henry Morgenthau was a con- rection too much longer because that Mr. AKIN. Well, reclaiming my time, temporary of John Maynard Keynes, was what was supposed to be. But I I think you’re right. And I’d like to and Keynes became prominent in the think you’re right. Your number is 9.7. just take a moment and get into—these twenties and throughout the thirties I yield. numbers are easy for us to rattle off, and kind of wrapped up his career in Mr. LAMBORN. Thank you. With just off the tip of our tongue, but let’s the forties. But Keynes described how that amount, 9.4 percent, which I think take a look. Keynesian economics worked. He did is the high point for 25 years, unfortu- First of all, you’ve got $700 billion in this himself, and his description was nately it’s the high point in unemploy- this Wall Street bailout. Now, some of this. He said, I can solve all the unem- ment in our country for two and a half this came under President Bush, and I ployment in the United States. All we decades. think the people in this room voted need to do is go find an abandoned coal And I just wanted to mention, it’s so against this thing because it didn’t mine and go out in that abandoned coal inconsistent or even hypocritical for make a lot of sense. Half of it, though, mine and drill a whole group of holes the press to say that this is not any- is the beginning of this year, and we out there, and then take American thing other than an unmitigated dis- keep dumping all this money out, and cash, tamp it down into those holes, aster. They’re falling all over them- it’s not quite clear what we got for it.

VerDate Nov 24 2008 05:08 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.153 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6395 And then we get to this thing here, this Chrysler, and they looked me in the to do everything, deciding who’s going economic stimulus which is supposed eye and they said they were just flab- to be the president of General Motors. to be fixing this unemployment prob- bergasted. They couldn’t believe that All of this money that belongs to our lem. And what’s going on in this bill? they got a pink slip that they were constituents, we’re going to dump this I’ve got a few, just choice examples going to be out of business by the end money into various companies, and I’ll share, but I know others of you of the month. All the cars that they then we’re going to try and manage. here have some examples. We’re joined had on their lot they’d have to sell. We can’t manage D.C. What makes us by a number of fantastic They were going have to wrap up and think we can manage car companies? Congresspeople, and here’s one. This is go out of business by the end of the What an example of—and I think one here, this is you can’t afford a bi- month. And they told me that they there are some other examples of cycle after purchasing a $1 million were one of the most successful Chrys- what’s going on with some of this home. Okay. This is money for Wash- ler dealerships, not just in Minnesota, spending. ington, D.C., part of the stimulus but in the Nation. They performed 160 And I see that we’re also joined by money that’s supposed to be helping us percent better than the top performers Congresswoman LUMMIS from Wyo- with jobs. in the country. They met all the cri- ming, I believe. So we’ve got the West Washington, D.C., Department of teria for staying open for Chrysler, and pretty much covered. We’ve got Iowa Transportation will spend $3 million in still they were pink-slipped. No one covered. We’re going to have Georgia in stimulus money to expand its Smart could understand. just a minute. Bike program. The money will increase Mr. AKIN. Reclaiming my time, I’m Please join us. the program by five times, from 10 bike just trying put myself in the shoes of Mrs. LUMMIS. I thank the gen- racks to 50 bike racks, and from 100 the family who owned that dealership tleman from Missouri for pulling us to- bikes to 500 bikes. Neighborhoods ex- that you’re talking about. gether this evening for this discussion. pected to get the new bike racks in- Mrs. BACHMANN. This particular In Wyoming, our economy is very clude Adams Morgan, Columbia family, Congressman, had put $5 mil- much based in the energy industry be- Heights, Capitol Hill, Anacostia and lion into this dealership just prior to cause we have coal, oil, gas, uranium, Georgetown, where the average single- receiving this notice. They were slated wind, solar, biomass, and that is the family home runs at $1.2 million. Boy, to adding another Jeep dealership to mainstay of our economy by far. now there is an interesting use of the Chrysler business that they already b 2115 money. May be a wonderful thing to had. Significant amount of money, and do, but I’m not sure what we should be they produced tax revenue to the So as we watch the 350 to 375 very taxing everybody to try to create jobs. amount of $3 million every year on small businesses that are drilling for And we’ve got a lot of other fun ex- that 5-acre parcel that they utilized. oil and gas and see the legislation that amples. I’m joined by my good friend Mr. AKIN. Just reclaiming my time, is coming before this Congress at the Congresswoman BACHMANN, and Con- so you have a dealer who’s been in behest of the Democratic Party, it will gresswoman BACHMANN is articulate business in your town for what, 90 devastate our businesses. and a good friend to people who care years or something I think you were Mr. AKIN. Reclaiming my time, so about jobs and care about fiscal sanity. saying? you’re talking about the tax that I yield time. Mrs. BACHMANN. This particular they’re proposing to pay for some of Mrs. BACHMANN. I thank the gen- dealer had been in the business since the spending that is that cap-and-tax tleman from Missouri for calling this the early 1920s. The one that I spoke situation which is going to devastate together so that we could call atten- with today had been in business for 90 small business, and small business, of tion to the job losses that are hap- years. They were a General Motors course, is where these jobs are created; pening all across the United States. dealership. is that correct? It’s in your district. It’s in my district. Mr. AKIN. Ninety years, and their Mrs. LUMMIS. Absolutely. I think It’s every one of our districts here that dealership was assessed at, what was the Americans have the perception are represented this evening. the value of it? that Big Oil is who is recovering these And I was absolutely shocked, as I’ve Mrs. BACHMANN. There’s a recent natural resources; but even those firms been watching this play out, of the appraisal done on this dealership, very hire very small, literally mom-and-pop Federal Government jumping in and successful dealership. They have all the operations, five and six employees to taking over private businesses, begin- debts paid. They own everything out- go out and drill the drilling, to do some ning with Chrysler and then now with right and clear, and the appraiser said environmental compliance, to do the General Motors. We’re seeing some- this dealership is worth $15 million. surveying, and to complete those wells, thing that we haven’t seen. I don’t Mr. AKIN. Reclaiming my time, so and do the fracturing of the deep seams know if we ever have seen anything $15 million, and then you wake up one that are required to cause the gas to like this in the history of our country, morning and you get this thing in the flow into a natural gas well. These are and I am still livid over the conversa- mail and it says your $15 million just very small operators. As I said, in Wyo- tion I had today. basically vaporized, didn’t it? ming alone, over 350 businesses. Mr. AKIN. Reclaiming my time just a Mrs. BACHMANN. Was worthless. Yet what we see on the horizon minute, what you just said is so impor- Now the only thing that their dealer- taxwise through the national energy tant for people to understand, and ship is worth today is the underlying tax that’s being called cap-and-trade that’s because we don’t have quite the property that the building sits on. would be utterly devastating to those sense of history. We’ve just heard from They put all sorts of money into build- businesses. one of our other guests just a minute ing their building, which is now free Mr. AKIN. Reclaiming my time, what ago that this is a 25-year high in unem- and clear. They worked hard to make you’re doing is making a tremendously ployment. sure they could pay for it, and now it’s important connection. And I think a But what you’ve just talked about is, a dealership building. And as most lot of people do get that impression when the President goes in and fires Americans know who are listening to that all of the jobs in America are Gen- the president of General Motors and us speak this evening, if you have a eral Motors or General Electric or Mo- appoints the people a board and decides dealership building, you can’t use it for bile Oil or whatever it happens to be. to rewrite the bankruptcy laws, this is much else other than a dealership. And But in reality, as one of the most rank- unprecedented. And I think, my good trust me, there’s no one out there right ing members in small business, what friend, you have a specific example now who’s too interested in buying an you find is you define small business as from your district about what this old used dealership building because about 500 employees or less. Small could mean to Main Street America. I there’s not new car dealers going up businesses create almost 80 percent of wish you’d saw share that with us to- out there. the new jobs in America. night. Mr. AKIN. So once again we have an- So what you’re saying is exactly spot Mrs. BACHMANN. I do. I had met other projection of this example of on to what all of our data shows, and if with dealers in my district before from Washington thinking they know how you’re looking at 80 percent of the new

VerDate Nov 24 2008 06:00 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.155 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6396 CONGRESSIONAL RECORD — HOUSE June 9, 2009 jobs and you’re looking here at an in- ical doctor. You’re not claiming to be a $787 billion. 3.5 million jobs saved or creasing level of unemployment, what some economic expert. You’re saying created. And I thought at the time, you should be paying attention to is common sense says that this 9.7 per- How do you measure a saved job? It what are you doing for small business. cent unemployment that we got right was there when you started, it was And what you’re talking about is we’re now is not the end of this problem and there when you’re done the. It’s one doing something that we haven’t that the idea of the tremendous level of that your economic plan didn’t de- learned from history. You’re going to spending that we’re seeing is not going stroy, but it isn’t necessarily one your slap a great big tax on them to cover to help. You’re agreeing with Henry economic plan saved. up all of this spending. And what’s Morgenthau from 1939 that all of this So now we have the White House say- going to happen is you’re going to dry spending is not going to make this any ing they’ve saved or created a dinky up the potential of those new jobs that better. And what’s more, a lot of that little 100,000–150,000 little jobs when could come from small business. spending is going to result in more un- their endeavor is 3.5 million jobs. And I appreciate you making that connec- employment rather than less. by the way, that number is not out of tion. Is that the bottom line of what thin air. That is off of the White And I’m going to just jump over to you’re getting at? House’s Web site, WhiteHouse.gov/ my good friend from Georgia, a med- Mr. BROUN of Georgia. If the gen- economy. So those numbers are real. ical doctor, but also somebody who has tleman will yield, absolutely. That’s Another image that flashes to my quite a fair amount of passion about what’s going to happen. You cannot mind when I hear the gentleman from freedom and about some of these eco- borrow and spend yourself to economic Georgia talk about Hugo Chavez, I had nomic issues as well, my good friend prosperity. And that’s what’s going on a flashback about the visitation that Dr. BROUN from—is it the Atlanta here. We’re borrowing too much, we’re took place between our Commander in area? spending too much, taxing too much, Chief, leader of the free world, Presi- Mr. BROUN of Georgia. No, sir. I live and it’s going to cost jobs. dent Obama and Hugo Chavez down in near Watkinsville, Georgia, south of I’m sure we’ll come back to dis- Central America. And I recall that we Athens, and I represent northeast cussing what the gentlelady from Wyo- needed to have a strong message from Georgia. And I thank the gentleman ming was talking about because there the President of the United States that for yielding. is somebody else that’s going to talk a would embrace Colombia and ask for a The chart that you have down there lot of jobs across this country. But vote on the floor of this House as was on the floor. If you put the date of this we’re going down a road that is going agreed to under those terms. We didn’t week on the next bar, going back to to hurt our economy. It’s going to cost get that meeting, but we got a glad- what Mrs. BACHMANN was just talking jobs, as we see an increasing number of handed, big smiley happy face meeting about, these dealerships are shutting jobs on your chart there that are being between Hugo Chavez and President the doors. Dealerships may have 20 em- lost. And unemployment claims, we’re Obama. ployees, they may have 30 or 40 em- going to have more and more of those. And I remember the image that ployees. I’ve met with a number of And it’s really taking away from the flashed in my mind. One of them is them. There is a dealer in my district future of our children and your grand- Hugo Chavez could declare our Presi- in Clayton, Georgia, in Rabun County, children. dent to be El Diablo at the podium of right up on the North Carolina line, Mr. AKIN. That’s the bottom line. I the United Nations and say, The smell called me this week and he got one of think that’s what’s gotten us staying of sulfur still lingers from yesterday. those pink slips. He is a customer of here this evening talking about this And those anti-American people the automaker, and that’s what all of subject. This is critical. This is a very laughed and cashed our checks. And these dealers are, they’re actually cus- significant problem. just a few months later we have Presi- tomers. And what is happening is this I would like to jump back to my dent Obama glad-handing with Hugo administration is forcing the Big Three friend from Iowa, Congressman KING, a Chavez. And when I saw that image, I automakers to fire their customers, gentleman who has run his own private realized that the great nationalizer of and that makes absolutely no eco- business for many years before he came the industries in Venezuela who had nomic sense. to Congress, knows a little bit about just nationalized a rice plant that be- But this dealer doesn’t do any floor small business, knows a little bit about longs to a good Minnesota company planning. In other words, he doesn’t taxation and red tape. And he also un- named Cargill was standing there smil- have to borrow money from the auto- derstands what some of these massive ing next to President Obama who was maker to put the cars on his lot. He government spending programs in the the greatest nationalizer of all, who owns them all. He’s paid for them all. last year, what these are liable to do in has since nationalized two of the three He owns his dealership. He doesn’t owe terms of effects on our economy. largest carmakers in the world—Gen- anything to the carmaker. But they Mr. KING of Iowa. I thank the gen- eral Motors and Chrysler—and we’ve have fired him. And in doing so, this tleman from Missouri. I started busi- watched the nationalization of our fi- administration has fired all their em- ness in 1975, a capital-intensive busi- nancial institutions, our insurance in- ployees. ness with a negative net worth so I had dustry. The list goes on and on. So the next bar for all of these deal- to actually make everything work or it The free market system from top- erships I think is 780-some-odd just this would have collapsed around myself. down is being swallowed up and nation- week that are going to be fired—the And I remember prior to that looking alized instead of privatized. dealership’s going to be fired, thus all for a job. I applied for a good number of And I would also make this point of their employees are going to be jobs. Worked for other people. They that our President today was elected at fired. And that’s going to put that bar worked for me. I had to build a busi- least in part because he challenged even higher. And it’s just not right. ness up a piece at a time, a component President Bush and criticized President This is an unprecedented takeover at a time. Bush for going into Iraq without an from the private sector by this admin- One of the points that I think would exit strategy. This President has de- istration—by the car czar that has been illuminate this when I look at the clared that he doesn’t want to own or set up by this President—and it is to- numbers that are there on the chart: manage Fannie Mae, Freddie Mac, the tally unconstitutional, it’s totally $700 billion on the Wall Street bailout, financial institutions, the insurance against freedom, it’s totally unprece- $787 billion in the stimulus plan. That agencies, or the automakers of Amer- dented. And it’s exactly the same thing was going to—and I remind everybody ica. But he has engaged in all of that that Hugo Chavez is doing down in here and including Madam Speaker—if without an exit strategy. Venezuela. she were paying attention—I would be I call upon President Obama to come So if we could imagine that next bar reminding her that President Obama up with an exit strategy to divest the on that graph, it’s going to be even said that his stimulus plan was going Federal government and the taxpayers higher than it is. to save or create 3.5 million jobs—and from this private sector industry that Mr. AKIN. Reclaiming my time, what that was just back a couple of months have been so nationalized that he I’m hearing you say is—you’re a med- ago right there on the time line where makes Chavez look like a piker.

VerDate Nov 24 2008 05:08 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.156 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6397 And I yield back. One story that came out today, there ministration appoint czars—car czars, Mr. AKIN. That’s really quite a sum- is a dealership that I know of that ap- wage czars—there’s over 20 czars that mary of where we are. What we’re get- plied to their Democrat Senator to ap- have been appointed. And what do ting at is this disease that struck the peal for help so that they could stay those czars do? They bypass the Con- Washington area just one year or two open. That Senator was able to arrange gress. We are the people’s elected rep- ago. It’s bailout fever, you know. And a meeting between the dealer and the resentatives; we have been bypassed. we got into this idea that we’re going officials at GM. We all know GM is now We now have an imperial presidency to bail everybody out—at least if Government Motors because it’s owned where the President has appointed var- you’re big and important. If you’re a by the American people. It’s been na- ious czars reporting directly to him. small business, you’re going to go tionalized. There is no private corpora- And now he is reaching into the con- bankrupt. If you’re a car dealership, tions the way we used to think of GM. fines of private businesses and over- you go bankrupt and you lose $15 mil- Now, the main stockholder is the night rendering them virtually worth- lion in one day. But we’re going to bail American Government. So this Demo- less—unless, unless they have a special out all of these, and in the process, crat Senator who was applied to for tug, a political tie to a local Democrat what’s going on in unemployment? Is help was able to secure a meeting with Congressman. Is that what we’ve come this nationalizing of businesses such a General Motors and a car dealership, to? And I yield back. good idea? I think there are a lot of and they were able to get their dealer- Mr. AKIN. Well, I just appreciate the people having some very extreme sec- ship back. lady’s passion and strong support for ond thoughts. the concept of freedom. b 2130 This was not going to happen if we You know, what we’re really talking voted for that great big porkulus bill. Well, that’s great, that’s wonderful. about here is, what is the job of the I’m on the Armed Service Committee. There is also another article I saw government? And we have come to a When you say $787 billion, that’s more today where a constituent had con- point where we have actually elected than my paycheck. I tried to figure out tacted one of the representatives, a people who have forgotten this basic how much money is that. And the big- Democrat representative here in this concept, and that is, the government gest thing we deal with in any com- Chamber, Representative BARNEY that can give you anything you want can also take away everything from mittee is aircraft carriers. These are FRANK. BARNEY FRANK was able to go you, including your freedom. big things. If you ever get on an air- and talk to the right people and get this dealership back open. Is that what And that is the great danger of this craft carrier, you could play a game of insidious creeping bureaucracy where football on the deck of one. They’re we have come to in this country, that rather than a private business with a the Government inserts itself into all really big, and they cost a ton of kinds of different businesses. The money. We have 11 in our total fleet. private contract with another private corporation, they’re no longer able to Founders would have been outraged at They cost about $3 billion a piece. what you’ve just described. And even So if you take a look at what hap- work out their agreements because, as columnist Michael Barone has called, people from not so many generations pened to us in the first 5 weeks after before us would say, that is impossible, we’ve been told that President Bush is he said, Now we’ve moved into the realm of gangster government. We have that could never happen in America. spending way too much money, we put Mrs. BACHMANN. If the gentleman gangster government when the Federal this bill in place—this was the would yield, the Founders went so far Government has set up a new cartel trimmed-down version—on this floor as they began a revolution over a and private businesses now have to go we voted for $870-something billion. stamp tax, over a stamp tax. This is begging with their hand out to their That would be over 250 aircraft carriers the actual outright taking of some- local—hopefully well politically con- anchored end-to-end. I couldn’t even one’s personal property. And the nected—Congressman or their Senator imagine. You could make a highway Founders were unwilling to pass the so they can buy a peace offering for across them. That’s how much money Constitution without the Bill of that local business. Is that the kind of that’s in this package alone. Rights. And as the gentleman knows, That’s not the Wall Street bailout, country we are going to have in the fu- the Bill of Rights was to protect indi- and that’s not this appropriations bill ture? viduals, people, not to protect govern- When I was on the phone today for that’s full of goods. That’s not this ment, but to protect people from the international monetary bailout that over an hour with one of my local deal- encroachment of big government upon they’re talking about doing where ers, the very first thing out of her their leaders. And the Fifth Amend- we’re going to take defense money and mouth was this, she said, This is the ment guarantees the right of your per- give it to foreign countries, put it in a most un-American thing I have ever sonal property. Big government cannot fund so that Chavez and the Iranians seen in my life. I can’t believe that I come in, they are prohibited from com- and other people can take defense lived to see the day that my country ing in and taking your personal prop- money out of the United States away would come to this point where, having erty without just compensation. Here from our taxpayers so that they can my dealership for 90 years, I get a let- is a perfect example of violation of fund their governments, and we’re ter FedExed to me that tells me I have these citizens’ Fifth Amendment talking about doing that. We’re won- until Friday to sign this document to rights. dering why in the world do we have not only give up my company that was Mr. AKIN. You are absolutely right. this unemployment. I think we’re mak- made worthless—worth $15 million, And we have seen other examples of it; ing some big mistakes economically. made worthless overnight—now GM is the decision in Connecticut where some I would like to jump back over to my demanding that she hand over her cus- local municipality decided to trample very good friend Congresswoman tomer list, her service customer list to the Fifth Amendment, just walk right BACHMANN who, by the way, is a great GM. Why? GM most likely will use in and take somebody’s private home articulator of free enterprise principles those customer lists, they will give it in order to make a strip mall so they and does a wonderful credit to Min- to her former competitors. What is she could tax the strip mall. And the Su- nesota. getting for this? What is her remunera- preme Court jumped to the defense of We’re delighted that you’re here, and tion? She had the rug pulled out from the local government saying, that’s please chip in and join in. her and from her husband. They vir- just fine. And they just ignored the Mrs. BACHMANN. I thank the gen- tually lost everything overnight to Fifth Amendment. tleman from Missouri. what? To what Michael Barone calls a And so we see this continuously And I’m very concerned again about gangster government. growing government. And if you take a these motor takeovers from the Fed- We need to call this for what this is, look at where we are spending money, eral Government. One thing that I am my colleagues. We need to call this for it is just absolutely amazing. And here very concerned about, a story came out what this is. Call it out. The American is an example. This is a town that is today where there’s been approxi- people need to get outraged and figure supposedly almost bankrupt—I think mately 1,500 letters that have gone out out that it could be them next. No it’s Pawtucket, Rhode Island, if I re- to GM dealerships. business is safe when you see the ad- member right. The city on the verge of

VerDate Nov 24 2008 05:08 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.157 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6398 CONGRESSIONAL RECORD — HOUSE June 9, 2009 bankruptcy spends $550,000 in stimulus Mr. AKIN. Well, wait just a minute. more dependent on foreign energy. And money for a skateboard park. Now, You’re talking about we’re creating if we had more people like you in this what in the world is the Federal Gov- jobs and wealth and all this, and the Congress, I think that would change, ernment doing with bicycle racks in government is not doing it? Oh, my and we would see that we would be get- D.C. in million-dollar neighborhoods, goodness. That’s a novel idea; the gov- ting back to good old American energy skateboard parks somewhere else. ernment is not coming in and telling of a lot of different types. And we We’re putting it all in here and claim- you how to run everything. would let the marketplace, and not the ing somehow it’s going to make unem- Mrs. LUMMIS. Not only are we pro- government, make the choices as to ployment better, and yet the numbers ducing the cleanest burning hydro- which type you are going to use in each are going nuts. The President, it carbon that there is, natural gas, but State. seems—what’s going on with the White we are doing it in a way that makes us My good friend from Georgia, Con- House Press Corps? He claims they’ve less dependent on foreign energy. And gressman BROUN. just created 150,000 jobs, and yet you what we are seeing in this Congress are Mr. BROUN of Georgia. Congressman see the data going, we’re already at 9.7 policies that will actually make us AKIN, I appreciate you yielding. percent. more dependent on foreign energy at a I wanted to come back to something And it’s my understanding, when you time—— that you said that I think the Amer- jump to the next big tax we’re talking Mr. AKIN. Let me just stop you there ican people need to understand very about, they want to be like Spain. And because what you said is very, very im- clearly. The President has talked about Spain has the enviable 17.5 percent un- portant. You are finding sources of nat- looking to Spain as being the model of employment. Is that where we’re ural gas—one of the cleanest burning this energy tax—I call it tax-and-cap going? How long is this going to go be- fuels that we know, in terms of hydro- because it’s about taxes, it’s about rev- fore the American public says enough carbon-type fuels anyway—and you are enue for the Federal Government, it’s already; it’s time to change this big finding that, which is making it so about getting more revenue to socialize spending? that you have plenty of jobs in Wyo- medicine and other things to nation- If you want to see this thing graphi- ming, you are not doing it with a lot of alize, all of the business and industry cally, this is a little bit chilling. This government help, and yet the govern- that is already being nationalized, and is historic budget imbalance. These are ment is going to try to create policies even more. But in Spain, I would like the different years of the Presidents. to make us more dependent on foreign to confirm something. It is my under- These years over here are President energy. What would that be? I would standing, if you would, please, sir, it’s Bush. And those of us here that are Re- suppose that one way to do that would my understanding in Spain, when they publicans, we didn’t like the fact that be to tax your natural gas, because if put on their tax-and-cap or cap-and- President Bush was spending too much that’s taxed, then the foreigners have a trade policy a number of years ago, money. This is deficit spending. This is better chance of getting business here. they touted it as creating green jobs. a budget imbalance. But take a look. Is that where you’re going? Mr. AKIN. I think they call them When we were kids, didn’t you have to Mrs. LUMMIS. And to the gentleman subprime jobs now, but go ahead, Con- go—what was it, first grade, what thing from Missouri, we are also proposing in gressman. doesn’t fit the pattern? Take a look at this Congress to tax drilling costs, to Mr. BROUN of Georgia. Well, the this year. Take a look at this budget raise the taxes on the brackets, to do point is, they talked about creating imbalance that we’re talking about. away with the death tax, to put the re- green jobs. Just recently, one of their— You think that’s not going to affect covery of natural gas under the Safe I think it’s members of Parliament— jobs? You don’t think that means the Drinking Water Act. Virtually every was over here talking to the Conserv- government is going to get its nose time I turn around, almost every day ative Opportunity Society. And he told into all kinds of people’s business? here, we are doing something that will us—I don’t recall if you were there, Mr. That’s what we’re concerned about. impair our ability to produce our own AKIN, or not—but he said for every sin- I would like to go to my good friend, natural resources. gle green job that was produced in Congresswoman LUMMIS from Wyo- And it’s not just in Wyoming, there Spain they lost 2.2 jobs. The green jobs ming. You know, the thing I like about have been these fabulous new finds of that were created were temporary jobs; Wyoming and the Western States? You natural gas that run up both sides of the jobs that were lost were permanent have a sense of freedom and a little bit the Appalachian Mountains all the way jobs, industrial jobs. And that’s what I of a sense of property ownership and from Pennsylvania clear to the South- kind of recall. Is that correct? you have a sense of small business. And ern States. All of those States could Mr. AKIN. Reclaiming my time, that I appreciate that perspective. Please have new natural gas production, the was exactly what he said. And actu- join our conversation. cleanest burning hydrocarbon, that re- ally, that made common sense to me Mrs. LUMMIS. I thank the gen- duces our need for foreign energy, that because when you go back to this tleman. reduces the out-migration of jobs, it Keynesian economic scheme, what they In Wyoming, we have had surpluses keeps them here, it grows them here. It would argue would be, Hey, we just in our budget for the last 7 years, and grows revenue for those States. took all this tax money and we hired it is because of the explosive growth in I can tell you, as our State treasurer these people; so when we hired some- the production of energy. It has made in Wyoming for 8 years, we had, just off body, we created a job; so, therefore, our unemployment among the lowest interest income off State investments, we had a net. We just hired someone to in the Nation. In fact, there were times the largest source of income for our increase the job by one. during the last 7 years that we have State’s general fund from one source, And what the economist found was, had, statistically, zero unemployment. interest income off State investments. when you take that tax money out of Incredible. While I was running for this And all of those State investments, things, what happens is, when you took position, I stopped at a fast-food place every one of them, came from sever- the tax money away to hire the one to get an iced tea late at night, and ance taxes on oil, gas, coal, uranium. person, you lost 2.2 jobs over in the pri- they offered me a job and my daughter Mr. AKIN. Isn’t that something? vate side. So that ratio seems to kind a job at this fast-food place because Well, you are an energetic Congress- of follow the economic principle that they are so much in need of employees. woman from an energetic State. And when the Federal Government—yes, Wyoming is unique in that regard, it’s encouraging to hear that we do you can have the Federal Government and it is because we are producing do- have those supplies of energy here. take a whole lot of money and hire a mestic energy. And there are new dis- It is ironic, I think, that when you lot of people to dig holes in the ground, coveries of domestic natural gas all take a look back at the history of the or whatever, but when you do it by over the United States. The Balkan in Department of Energy, it was created taking that money away from the pri- North Dakota is fantastic. It is pro- so that America could be energy inde- vate sector, you are killing those small ducing wealth for people who have been pendent. And they have added many, businesses, which is a source of where farming at that very narrow margin of many jobs to the Department of En- you’re generating a lot of these jobs. profitability, 0 to 4 percent, for years. ergy, and yet we have become more and So I think that is where he was going.

VerDate Nov 24 2008 05:08 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00090 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.158 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6399 Mr. BROUN of Georgia. If the gen- tributing the stimulus money. We whole lot more debt, particularly debt tleman would yield back just a half weren’t spending fast enough was our with spending, and, of course, spending second. I want to go back to the out- problem. is causing the debt, you’re going to rage that my dear friend, MICHELE Now, of course, Mr. Speaker, I know have bad trouble with unemployment. BACHMANN from Minnesota, was show- the comments need to be directed to Is that what this economist is saying, ing us. The American people should be the Speaker’s chair, but I would re- gentleman? outraged. And the American people can mind the Speaker that none of us in Mr. BURGESS. Precisely correct. call a stop to this. We can’t. We, as Re- this room, in fact, no Republican, And I thank the gentleman for yielding publicans, have offered alternative voted for in favor of that stimulus bill back. after alternative. Wall Street bailout; last February. We are in a period of prolonged eco- we offered an alternative, and Presi- Mr. AKIN. Reclaiming my time for a nomic underperformance is the other dent Bush, Henry Paulson, the leader- moment, in a way that’s a little bit un- statement they go on to make. It will ship in the House and Senate wouldn’t usual, isn’t it? There are usually a few essentially be a lost decade. We will re- accept it. The nonstimulus—as you call Democrats who will vote differently cover, but the operative factor will be it porkulus bill; I call it the nonstim- than their party or a few Republicans time and not actions. That is some- ulus stimulus bill—we offered alter- who will vote differently. In this case, thing that most people do not want to natives. The leadership in this House though, on this great big porkulus bill, hear. were obstructionists and wouldn’t every single Republican voted ‘‘no.’’ Again, excess debt controls almost allow us to have an open hearing and Mr. BURGESS. You’re absolutely every other economic facet. You can- discuss it. right. Every single one of us did a gut not spend your way out of this prob- check and said this is not what I came lem. The unemployment rate went up. 2145 b to Washington, DC, to do. It’s not what The correct response is to not shove The omnibus appropriations, we had I came to accomplish. more money out the door. The correct alternatives. We have had alternatives One of the things I wanted to share response is do what you can to get con- for all this. They call us the Party of with the gentleman and share with the trol of that spending and begin to erode No, n-o, but really we are the Party of House tonight, my hometown news- the debt, begin to put the debt on a Know, k-n-o-w, because we know how paper, the Dallas Morning News, runs a glide path to reduction. That’s where to help stimulate the economy. We column every Sunday by a columnist the recovery will come, and that will know how to create jobs, and you do named Scott Burns, a respected econo- take time. There is no other way that through small business and give mist. Scott Burns this Sunday was around that. the money back in ways to create an quoting an economist in Austin, Texas, But, again, I thank the gentleman for environment where small business can Lacy Hunt. Lacy Hunt, going back to yielding. I think this is a wonderful create jobs. As the gentleman from the Great Depression, said, and I am discussion that you’ve had tonight. I Missouri so aptly told us just a few quoting here: ‘‘Irving Fisher saw it thank you for bringing this to the at- minutes ago, small businesses is where first. The man who may have been the tention of the American people. those jobs are created. It’s about 85 greatest American economist wrote Mr. AKIN. I appreciate the doctor percent of them. But we have offered about the debt-deflation theory of the from Texas bringing some wisdom here alternative after alternative. And this Great Depression in 1933. He saw that and some economic common sense. And what I call ‘‘tax-and-cap’’ legislation excess debt controls nearly all the eco- certainly I think most people know in- has been estimated it’s going to cost nomic variables.’’ He went on to say: tuitively these things are connected. If America, that somewhere between 1.7 ‘‘Think about it for a minute. It’s a you spend a whole lot, eventually to 8 million jobs are going to be lost. In very powerful statement. Excess debt you’re going to go into debt and then my district in northeast Georgia, we controls nearly all of the economic the debt is going to influence things. have got in multiple counties right at variables.’’ And in this case, I am an engineer by 14 percent unemployment. What does that mean? That means training, not a medical doctor, but it’s Mr. AKIN. You’re talking about mil- we cannot control the unemployment almost like drawing a vacuum eco- lions of job loss as a result of this new rate. That means almost everything is nomically in the economy. So those tax that’s being concocted here. out of our grasp because of the massive small businesses that we are just hear- I would like to recognize another amount of debt that we have accumu- ing about like out in Wyoming, those doctor who has joined us. We have got lated. And on Monday of this week, the small businesses don’t have the money some doctors out tonight, and my good President said he wanted to accelerate they need to invest to drill a well or friend Dr. BURGESS, I want to recognize the pace of spending because we whatever it is; so the main engine of him. What we have been talking about weren’t getting that money out the job creation just dries up. So what you is this incredible trend in unemploy- door fast enough. Again let me reit- are doing is almost like either starving ment and also the trend of excessive erate, excess debt controls every other or dehydrating your economy because spending. economic variable. It was true in 1933. the government is just becoming so op- I would be happy to have your per- I suspect the same is true today. pressive and expansive in everything spective, Doctor. He goes on to say, Scott Burns, ‘‘It that it is trying to do. And as we heard Mr. BURGESS. I thank the gen- means that the government stimulus eloquently expressed from the gentle- tleman for yielding. I was watching in won’t do much. Basically you can’t woman from Minnesota, the story my office and heard this discussion, borrow your way out of excess debt.’’ I about what happens when the Federal and I did want to come over and say think every Member on the floor here Government starts to get into the busi- just a few words. tonight has recognized that at one ness of running car things. I am pic- Of course, you’re correct. We had a time or another. turing there is going to be somebody report in our Joint Economic Com- And then the final point that he possibly listening into our discussion mittee last Friday about the current made: ‘‘The only thing that will allow that’s going to be a cartoonist, and unemployment rate in excess of 9 per- recovery is the passage of time.’’ they are going to think about the auto- cent. Of course, we spent $878 billion in Fortunately, Congress is not in con- mobile that is going to be designed by February of this year. The President trol of that, and time will pass at a set the U.S. Congress, and they are going told us that was what we had to spend rate regardless of what we think that to have an interesting caricature of in order to prevent the unemployment it will or won’t do. what the engine and the wheels look rate from going in excess of 8 percent. Mr. AKIN. Reclaiming my time, I like and how big it is and all kinds of Clearly we have seen that number al- want to get what you’re saying because things. There is probably already a ready exceeded. And then we heard at I think this is important. You’re say- YouTube being created or something the beginning of this week that be- ing there is a relationship between this along those lines. But it’s not a pretty cause of those numbers, the President tremendous level of debt that we are picture of having the Federal Govern- was going to accelerate the pace of building and the unemployment num- ment running our business in our pri- spending, accelerate the pace of dis- bers. In other words, when you have a vate sector. And the genius of our

VerDate Nov 24 2008 05:08 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.159 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6400 CONGRESSIONAL RECORD — HOUSE June 9, 2009 country is to make that distinction, geoning debt load that the United done remains to be seen. There are a and we are blurring it badly and it’s States takes, once the ice gash came in lot of thoughts out there as to how to going to cause a lot of trouble. the side of the Titanic, which we all re- approach this, but we feel that it’s very I am going to yield to my good friend member was called the ‘‘unsinkable Ti- important as physician Members. I Congressman KING from Iowa. Please tanic,’’ we think of the United States. think there is something like 339 years join us. Nothing can possibly sink the United of clinical experience combined in this Mr. KING of Iowa. I thank the gen- States. We will always be a super- GOP Doctors Caucus. About 15 of us are tleman from Missouri for yielding. power. But one thing that has kept us health care professionals who have ac- There are a couple of points that lin- a superpower has been freedom, free tually practiced in the field, if you ger in my mind. One of them is to add market economists. We are in the proc- will, most of us involved just in clin- to the points that the gentlemen from ess of watching the deconstruction of ical medicine, what I like to refer to, Georgia and Missouri were making free market economists before our very Madam Speaker, as meat-and-potatoes about Spain, and I concur. For every eyes, something we have never seen. medicine. Not research at some high green job created, it cost 2.2 jobs in the But as the ice ripped that hole in the academic institutions but actually see- private sector because it starved cap- Titanic, water started being taken on, ing patients every day in the office, in ital, but also each of those green jobs and the engineer came out and brought the operating room, in the delivery created cost $770,000 to generate that the blueprint of the Titanic. Water room. And so I think we have a per- job. So it was a massive cost in capital. came into the first chamber, spilled spective that we would like to share I want to throw another point into over to the second, spilled over to the with Members on both sides of the this in a brief way, a teaser in a way. third, and by the time it filled up so aisle. The cap-and-trade component of this many chambers, it was over. It was im- Earlier in the evening, Madam legislation that’s impending to be driv- possible to resurrect that ship. Speaker, we heard from the 30-Some- en through this House floor yet this That’s, I think, Mr. AKIN, what you thing Group on the Democratic major- month of June, we have experience have been bringing before this body ity side. They were very articulate, with that here in the House of Rep- this evening. You’ve been showing to very well spoken, but I think very resentatives. When Speaker PELOSI was the American people that at a certain wrong in some of the ideas that they elected and received the gavel, she de- point when we have such excessive lev- have in regard to a government default clared that this Capitol complex would els of spending that in turn leads to plan, and we will talk about this dur- be carbon neutral. So she ordered that such excessive level of taxation that in ing the hour. the generating plant that provides the turn leads us to excessive levels of bor- b 2200 electricity that illuminates this room rowing that at a certain point we won- when she allows the lights to be on der what that tipping point will be if I have been joined by a couple of my would be changed from coal generation the United States will not be able to colleagues, Dr. John Freeman, the doc- over to natural gas under the auspices recover. tor from Louisiana; and Dr. PAUL of this idea that natural gas isn’t a hy- We do have an alternative, as Dr. BROUN from Georgia. drocarbon, which we know can’t be BROUN said. We have a positive alter- I would like to yield time to my col- upheld by an engineer or a doctor or a native that next quarter we could al- league from Louisiana at this point. layperson. But in any case, she ordered ready see growth in our economy. But Mr. FLEMING. I thank my friend and the switch over to natural gas, doubled this plan that President Obama has put fellow physician and colleague, Dr. the cost of the electricity, and still forward is the kind of plan that we GINGREY. found out we were not carbon neutral could watch last night, or last weekend You made reference to the 30-Some- but we’re still emitting a surplus of on TNT in the movie ‘‘Titanic.’’ If we thing Democrats, and I watched that CO2 into the atmosphere, so went on follow that plan that President Obama debate, that discussion with great in- the Board of Trade and purchased has put before us, we know what that terest because, to be honest with you, $89,000 worth of carbon credits, the outcome will be and a lot of very inno- with 32 years of medical practice and very central commodity that is at the cent people may go down with that also owning businesses for nearly as middle of the cap-and-trade discussion ship. long, when I hear this discussion about that’s going to be presented on the Mr. AKIN. I very much thank Con- how a public plan can work, I really floor of this House, $89,000 for carbon gresswoman BACHMANN and the other try to view that and try to understand credits to offset the CO2 emissions that great guests that we have had tonight. that; but I always come out totally are going off into the atmosphere so we I thank you for this little symposium mystified with how this sort of thing can light this Capitol complex. And I on freedom and the need to have the could ever work. chased that back down and found out Federal Government restrained to its And to clarify the debate, basically that some of that money went to no- proper limits. Congress right now is looking at three till farmers in South Dakota. Presum- f different options. One is a total single ably they had still been farming in payer nationalized health care system, South Dakota. It didn’t change their HEALTH CARE REFORM Medicare for all. One would be a pri- behavior. And some of that money also The SPEAKER pro tempore. Under vate system for all, which is what we, went to a coal-fired generating plant at the Speaker’s announced policy of Jan- on the Republican side, back. And then Chillicothe, Iowa, that had received a uary 6, 2009, the gentleman from Geor- the other is a public and private sys- government grant to burn switchgrass. gia (Mr. GINGREY) is recognized for 60 tem that are competing with one an- I went there and looked at that. They minutes. other. So I really watch with great in- hadn’t burned any switchgrass in 2 Mr. GINGREY of Georgia. Madam terest our colleagues on the other years and got a check anyway. That’s Speaker, for the next hour, I am going side—none of whom are physicians, I how cap-and-trade will work in the to be joined by a number of my col- might add—talk about how this could United States of America. If we can’t leagues on the Republican side of the be a great deal, a great success, where get it right in Congress, we are not aisle, and most of them are members of you have a public system that’s com- going to get it right in America. the GOP Doctors Caucus, and we are peting with a private system, somehow Mr. AKIN. I appreciate that vivid ex- going to spend time, Madam Speaker, that’s going to drive cost and prices ample of more wasted time. I am going talking about health care reform. Cer- down, and we’re going to get a dividend to yield again to my good friend Con- tainly that is the number one thing from that. gresswoman BACHMANN from Min- that’s on our plate as we go through Well, what I would do is point out to nesota. these next 6 weeks leading up to the my colleagues, let’s look at Medicare Mrs. BACHMANN. Last weekend my August recess. And, of course, as the today and Medicaid as well, both gov- family sat down and we were watching President has outlined his desire to ernment-run systems. Both of them are the commercial movie ‘‘Titanic.’’ And have a health reform bill on his desk running out of money rapidly, the as I was listening to Dr. BURGESS from for signature sometime in mid October budgets are exploding and expanding, Texas talk about the debt and the bur- of this year, whether or not that can be and they are living off the fat of the

VerDate Nov 24 2008 05:08 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.161 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6401 private system. Today we know—in and Senate, House Speaker NANCY government-sponsored plan that is fact, a recent survey, a study came out PELOSI, House Minority Leader JOHN going to markedly narrow their showing that the average subscriber to BOEHNER, Senate Majority Leader choices. private insurance spends an extra $1,000 HARRY REID, and Senate Minority What it’s going to do is it’s going to a year to support the Medicare and Leader MITCH MCCONNELL, talking kill people because, as we saw in the Medicaid system. We also know that a about the strong opposition to a public stimulus bill, there is a new program lot of that support comes by way of the plan. I don’t have time to stand here set up in the Federal Government to uninsured who are routed through the and read the names of all of these look at cost effectiveness and compara- emergency room, who don’t have any firms, but just to mention a few: Wal- tive effectiveness, comparing the effec- coverage; and if you think that the Mart Stores, Xerox Corporation, tiveness of health care decisions. Age is Medicare recipients pay for that, forget Wellpoint Incorporated, Weyerhaeuser going to be one of the measures of how it. That’s not happening. Who is paying Company, National Restaurant Asso- those decisions are going to be made. ciation, Bank of America, National As- for that is the taxpayer and those who b 2210 subscribe to private plans. sociation of Health Underwriters, So right now the systems that exist, CIGNA Corporation, Chrysler LLC, We already see this happening in Medicare and Medicaid, are, for the Nike. I could go on and on. That’s just Canada. We already see it happening in most part, supported not by premiums maybe 5 percent of the number of com- all the socialized health care systems and not even fully by the taxpayers, panies that are a part of this National around the world. When people have but are supported by those who pay Coalition on Benefits that are so op- celebrated a few birthdays and are get- premiums into private plans. So if you posed to this idea of a public plan, ting what growing up down in Georgia expand Medicare to where everyone is which our colleagues, the 30-Something folks talked about being ‘‘long in the eligible for a Medicare-type plan, who group, just an hour ago touted so tooth,’’ a little white haired, as I am in their right mind is going to stay on strongly. turning to be, then what happens in private insurance when they know that At this point, I would like to yield to those government-run health care sys- they’re going to have to pay increasing my good friend and colleague from tems is they just deny the procedures, size premiums in order to get the same Georgia, Dr. PAUL BROUN. deny the tests, deny the care that the level of care that those on Medicare, Mr. BROUN of Georgia. Thank you, people need to stay alive, and people who are largely supported by taxes, are Dr. GINGREY, for yielding. just die. going to get? I think the American people need to Now, in Canada, a system that many What ends up happening is you lose look at what President Obama said as tout, many on the other side in the that critical mass of those under pri- a candidate and go back to what Dr. Democratic Party tout the Canadian vate insurance, and so private insur- FLEMING was talking about just a few system and others, if you are a certain ance then becomes only an after- moments ago about the options. Re- age and need a kidney transplant, you thought, a sliver of the economy. So publicans are offering options because just don’t get it. If you need bypass what you’re left with is a giant public certainly we need to do something surgery, if you are a certain age, they system, a Medicare that’s much bigger about health care financing. People are will put you on the list, but you never than what we have today. Incidentally, hurting. Health care expenses have got- get off the list. You just die. If you I will remind those that today, as it ten too high. Medicines are too high in need medications, you are denied stands, Medicare will run out of money the drugstore. Doctor bills are too those. If you have cancer treatment within 10 years, as it is. It’s high. Doctors are actually earning less that is needed, you just don’t get those. unsustainable as it is. Now if we grow money today. When I was practicing We in this country, with the health it into a much bigger system, where full time prior to coming to Congress, care that we as physicians can give, we are those cost savings going to come I was making in real dollars less money have made marked strides since I grad- from? than I did 20 years ago and seeing as uated from the Medical College of I will yield back in a moment, but I many or more patients. We see the Georgia in how people survive various just want to bring out the fact that no whole health care system being forms of cancers. one has ever been able to show that a strained tremendously. But candidate I think Dr. ROE is probably going to government-run system, particularly a Obama talked about giving the Amer- talk about breast cancer, because he health care system, but any govern- ican public options, a public versus pri- very eloquently talks about that fre- ment-run system in which the economy vate option. He said, if you like your quently, but our breast cancer survival is being controlled in some way has current insurance, fine. Stay there. rates in this country are extremely ever controlled cost. And even today But as Dr. FLEMING was talking about good. In other countries, where they we know that health care costs are just a few minutes ago, what President have socialized medicine, people die, going up twice the rate of inflation. Obama is actually offering us is a re- and there is very poor long-term sur- Mr. GINGREY of Georgia. I want to duced-price health care financing sys- vivability of that disease. Heart dis- apologize to the gentleman. I referred tem that’s going to take away people’s ease, diabetes, you can go down the list to him as Dr. John Freeman. Actually, choices. It’s going to take away their of all these chronic diseases. it’s Dr. JOHN FLEMING, a family practi- ability to choose their doctors. It’s In socialized health care systems, as tioner from the great State of Lou- going to take away their ability to this administration and the leadership isiana. And it reminds me, the reason I choose the hospital, what medicines in this House and the Senate across the did that, Madam Speaker, is because that they have. It’s going to delay way want to take us, it is going to take Dr. John Freeman was one of my class- them being able to get needed proce- away people’s choices. They are not mates in medical school and also one of dures, surgeries, delayed in getting x going to be able to get the care that my co-residents in my OB/GYN train- rays that are needed, ordered by their they desperately need to stay alive, ing back in Georgia. I think Dr. John doctor. It’s going to take the choices and it is just the wrong thing to do. Freeman practiced his entire career in away from the patient, and it’s going Dr. GINGREY, I just congratulate your Boone, North Carolina; and I hope Dr. to put those choices in the hands of a efforts in trying to bring these things John, wherever he is, is doing well, if Washington bureaucrat. I don’t think out to the American public, and I ap- he happens to be tuning into C-SPAN the American people want that. I’m preciate your being one of the cochair- tonight. not sure that they understand yet what man of the Doctors Caucus and helping I wanted to say before yielding time we’re talking about tonight in our sec- the American people to understand the to my colleague, Dr. PAUL BROUN, a fel- ond opinion, that government-run direction that we are being led by this low physician and family practitioner health care is not going to give them leadership, the liberal leadership in from the Athens and Augusta areas of the choices that they’re used to today. this House and the Senate, because it Georgia, there was a letter sent from They’re not going to be able to stay in is not going to be in the best interests the National Coalition on Benefits their private plans because they’re of the American public, and it is actu- within the last couple of days, ad- going to be priced out of the market. ally going to create a financial col- dressed to the leadership of the House They’re going to have to go to that lapse, as Dr. FLEMING was talking

VerDate Nov 24 2008 06:00 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.162 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6402 CONGRESSIONAL RECORD — HOUSE June 9, 2009 about, that is going to be exacerbated, nessee about a public and a private sys- would lock the door, throw the key and people are going to be exasperated tem. away and walk away because they because of this rationing of care, tak- What I hear when I am out talking to couldn’t pay their bills. Medicare, an- ing away their choices, and some Fed- people is that, number one, they are other plan that we have, pays about 90 eral Government bureaucrat in Wash- worried about the cost of care. They percent of the cost, and our uninsured ington, DC is going to make those are worried about the availability of it. pay somewhere in between. health decisions for them. It is not And there is another whole discussion Now, what I think will happen with going to be their doctor, it is not going that we haven’t had, which is accessi- this public plan is that once again, be- to be their family and it is not going to bility. cause politicians are involved in de- be the patient, and it is the wrong As we age, as the medical population signing the plan, what will happen is thing to do. and caregivers age, there is going to be more and more and more things will be I thank you for yielding. a huge problem of accessibility in this promised about what will be covered in Mr. GINGREY of Georgia. Reclaim- country. We are already seeing it in the plan, but when it comes to paying ing my time, I thank the gentleman. our own communities, where in the for it, and if we have time we can get Before yielding to our colleague from next 7 years we will need 1 million in and discuss the Massachusetts plan Tennessee, Dr. ROE, a fellow OB–GYN more registered nurses in America. In a little bit, what will happen is you physician, I just want to say to my col- the next 8 to 10 years there will be will have a Medicaid plan that doesn’t leagues on both sides of the aisle, more physicians retiring and dying pay the cost, you will have a Medicare Madam Speaker, that what we are than we are producing in this country. plan that doesn’t pay the cost, and you about is trying to work in a coopera- Well, you know, that is not sustain- will have a public funded ‘‘competi- tive way on both sides of the aisle and able. You cannot maintain the quality tive’’ plan that is subsidized by govern- offer our expertise, to say to our col- of care that we have grown to expect ment but doesn’t pay the full cost of leagues, and there are some health care and the medical advances we have the care, meaning more and more costs practitioners on the majority side as grown to expect without practitioners. will be shifted on to the private payers. well, and we have reached out to them That is an entirely different issue, not b 2220 part of this debate, but indeed very and made ourselves available, we want Well, what will happen over time, I to be at the table. much a part of this debate. think, is that, again, individuals first, In Tennessee, about 14 or 15 years ago Unfortunately, Madam Speaker, we small businesses, 20, 30, 40, 50 in the we had Medicaid. We got a waiver to are not at the table. We haven’t been business will say, We just can’t afford try a managed care system. Back in enjoined, if you will. But we still hope, this private continually escalating cost the eighties and nineties, managed care we still have hope that that can occur, of private health insurance. And what because we do have some ideas, I think was going to be how we were going to will happen then is more will be shifted some very good ideas, in regard to control the ever-escalating health care to the public plan, and over time you’ll bringing down the cost of health care, costs. So it was a wonderful idea to try end up with a single-payer system. And making it more accessible, making it to provide care to as many Ten- a lot would say, and I’ve heard it ar- more portable, making it available to nesseans as we could at as low a cost as gued here on the House floor, Well, so everybody, and that would include peo- we could. what? What’s wrong with that? We ple who are currently considered high What we did was we hastily put a have a government-run, one-payer risk, maybe even considered uninsur- plan together, as we are doing right health care system. What’s the prob- able, or if they can get insurance it is here in this Congress right now. The lem with that? Everybody has cov- because they can afford to pay three or most astounding thing I have ever erage. Well, everybody has a health in- four times the normal standard rate, heard in my life is in 60 days, or less surance card, but that doesn’t nec- which many, many cannot. than that, we are going to vote on a essarily mean you can get health care. So we want to talk about some of health care plan that affects every Don’t confuse a plastic card that says those things tonight, and we will get American citizen, 300 million of us. you have coverage with actually get- back to that. And your health care choices, as you ting care. At this point I yield to my colleague know, are very personal choices. They Well, what do I mean by that? Well, from Tennessee, Representative ROE. are between you and your physician let me give you an example. Mr. ROE of Tennessee. Thank you, and your family. When President Clinton had his heart Dr. GINGREY and also Madam Speaker. So the plan was a managed care plan, attack, he went to the hospital, had a It is good to be here tonight to discuss and it was a very rich plan. It provided heart attack. He was operated on sev- a very important, and I believe, Dr. a lot of care for not much money, and eral days later, I think 3 or 4 days, and GINGREY and Madam Speaker, probably for some people no money. What hap- probably the reason, in my opinion, he from a social standpoint, the most im- pened was that people made very log- probably got a blood thinner that took portant issue that we will discuss, and ical choices. About 45 percent of the a few days to get out of his system. probably this health care debate is the people who ended up on TennCare actu- And he was operated on and went most important one since the mid-six- ally had private health insurance, but home. ties when Medicare was voted on. dropped it. Why did they drop their Had he had that heart attack in Can- Just to give you a little background, care? Well, you had a plan, this ada, they would have said, Mr. Clinton, I am a native Tennessean, practiced TennCare plan, which was cheaper, but you can go home and in 117 days, that’s medicine in Johnson City, Tennessee, provided more coverage, so therefore the average amount of time it takes to in that region for 31 years, and really people made again a very conscious de- get a bypass operation in Canada, you saw a tremendous change in the health cision. can come back and get your bypass op- care delivery system from 1970 when I The problem with the plan is, as with eration. graduated from medical school until every public plan so far, is it does not Two weeks ago, I was in Morristown, the current. I really marvel myself at pay the cost of the care. That cost has Tennessee, talking to a physician there the miracles that occurred. been shifted over to the private sector. who is Canadian. His father began to I recall when I was in medical school So when you look at your health insur- have chest pain. I won’t go through all when St. Jude’s Children’s Hospital ance costs going up each year, you are the details about how long it took him had just opened, it hadn’t been there paying or supplementing, a tax really, to get a treadmill, how long it took long, and the death rate among child- on your private health insurance pre- him to see a cardiologist. Anyway, 11 hood cancers was 80-plus percent. miums caused by the increased usage months later, the man got—his left an- Today, over 80 percent of those chil- of the public plan. terior descending coronary artery was dren survive and live and thrive. In Tennessee, for instance, the 90 percent blocked, and he finally sur- We are having a debate on what kind TennCare plan covered about 60 per- vived and got a bypass operation. I do of system best fits America and its per- cent of the cost of actually providing not believe the American people are sonality, and I will share with you the care. If everyone in Tennessee had going to put up with that type of some things we have learned in Ten- the TennCare plan, most providers health care system. We are not.

VerDate Nov 24 2008 05:08 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00094 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.163 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6403 The other thing that I think that’s that want to do what is best and they medical history, that emergency room been so astonishing to me, and I know want the best outcome at the lowest doctor is flying by the seat of his or Dr. GINGREY and Dr. FLEMING, you have possible cost. They want to get paid a her pants, and I think we can do better. seen this, and Dr. BROUN also, are the fair amount for their services, of And again, the health care decisions medical advances. When I graduated course. should be made between a patient and from medical school, we had one And, in fact, with an electronic med- a doctor. And I don’t want to let the cephalosporin antibiotic, one. That’s a ical records system, they’re more like- private insurers off the hook here. You type of antibiotic we use in infection. ly, Madam Speaker, especially under and I know this, and Dr. FLEMING, also. There probably are 50 today. the Medicare program where you have I remember one of the last cases I did There were about five something called evaluation and man- in practice before I retired to run for antihypertensives, high blood pressure agement code and intensity of care Congress, I spent almost as much time medicines, three of which caused se- that you bring, doctors, I think, tend on the phone with a private insurer vere side effects. I mean, it was almost to undercode because, Madam Speaker, trying to get the case approved as I did better to have the high blood pressure they’re petrified that some inspector actually doing a major surgical proce- than take this medicine. Today there general is going to come along and de- dure. Now, that’s the ridiculous item of are over 50, and the side effects have mand to see 10 charts out of their 10,000 the day when you do that, when you’re been reduced dramatically. People do and nitpick and find some few, two out not providing care to someone, you’re so much better. of 10,000 where they overcoded, and arguing with a bureaucrat at the pri- So there are a lot of reasons, and we first thing you know they’re not par- vate health insurer. can go to it, and I’m going to yield ticipating in the Medicare program and I yield back. Mr. GINGREY of Georgia. Reclaim- back some time now, Dr. GINGREY and maybe even they’re facing a jail sen- ing my time, those stories are just all Dr. FLEMING, for comments. And I have tence. too familiar, and it’s a shame that that some other comments about a single- So electronic medical records time is wasted when it can be better payer system. It’s a good idea, as you would—I don’t know how much money, pointed out a moment ago, to try to spent with the patient. my colleagues, it would save, but I I wanted to mention too, Madam cover as many people as we can in this know that it would lead to a better Speaker, the issue of medical liability Nation as inexpensively as we can, and practice of medicine based on best reform. Now, for a number of years— I agree with that. principles. We wouldn’t need to have I’ve been here 7, this is my fourth I yield back. some comparative effectiveness insti- term, and every year I have introduced Mr. GINGREY of Georgia. Well, I tute, kind of like the Federal Reserve thank the gentleman. And before yield- medical liability or tort reform mod- Board, telling doctors what they eled after the system that was adopted ing back to Dr. FLEMING, I wanted to should do and not do, when it’s time to say to my colleagues, Madam Speaker, back in the late seventies in California. operate, what medication to prescribe. The acronym for that bill is MICRA, that we are the party of a second opin- We would have those best practices as but it has worked. It has stabilized the ion. And, of course, tonight we are part of an electronic medical records malpractice insurance premiums in talking about health care reform, but system. We could cut down on duplica- that State. Yes, they’ve gone up some- it could be an energy bill, a com- tion of testing. what because of inflation, but com- prehensive, all-of-the-above approach People could be in Timbuktu, and pared to other States that don’t have to solving our energy problems and any with that little card smaller than our that reform where there is a limitation other issue. But none really at this voting card, they, Madam Speaker, on a claim, a judgment for pain and point in time is more important than they could take that card, even in a suffering, noneconomic, and where solving this health care problem. country where they don’t speak the And the bottom line is to, again, to there is the elimination of this joint language, or maybe they come to the and several liability and there is col- lower the cost of health care, to make emergency department comatose and it accessible to everyone within their lateral source disclosure—and I could can’t speak any language, you reach in go into some of the weeds of it. financial reach. And there are so many their pocket, pull out that card, swipe things that we can do short of, Madam it, just like we would our voting card, b 2230 Speaker, turning this over to the Fed- and there’s the entire record. We know But, obviously, we have not been able eral Government to run what may be what they’re allergic to. We know what to pass that. When we Republicans had like they run Amtrak or the post office medications they’re on. We know their the majority in this House, we would or, indeed, the Medicare program. And past medical history, and we give them pass it every year, Madam Speaker, in I don’t think that that’s what people the best and most effective, cost effec- the House; but so many attorneys who really want and expect. We can do bet- tive, safest medical care. are Members of the United States Sen- ter than that. And there are a number Mr. ROE of Tennessee. Would the ate would block that. of issues in particular that we could gentleman yield? Well, why can’t we come together talk about in detail if we had more Mr. GINGREY of Georgia. I’ll be glad again in a bipartisan way and say, than just an hour, Madam Speaker. to yield to the gentleman. look, we can agree that part of the cost But clearly, this idea of electronic Mr. ROE of Tennessee. Just a point of medicine, cost of health insurance is medical records, I think, is a way even- right here. You were making an excel- the fact that medical practitioners tually to save money. I think the lent point, Dr. GINGREY, about why you order so many unnecessary—and in money that we put in the stimulus don’t want the Federal Government to some cases, Madam Speaker, harmful— package, $19 billion to provide grants, come between a patient and a doctor. tests, draw too much blood, get an MRI I’ve got a piece of legislation that A veteran can go to an emergency one day and a CAT scan the next day would help physicians purchase hard- room, have an electronic medical and a standard x ray the next day be- ware and software and a maintenance record at the VA, can show up some- cause they’re trying to cover the possi- program that’s specialty specific, where in an emergency room, let’s say, bility that someone would say, Why whether it was my specialty of OB/GYN in our area we have a VA Hospital in didn’t you order this, or why didn’t you or Dr. FLEMING’s specialty of family Johnson City, and let’s say he lives in order that? practice or a general surgery specialty Mountain City, Tennessee. He shows up Lord knows we’ve gotten to the point program produced by a company in my there and the doctor in the emergency now where everybody who shows up in district called Greenway where you room at Mountain City does not have the emergency department anywhere have, as part of that electronic medical access to his VA record, to his elec- across these great 50 States with a record program, you have algorithms tronic record that they have at the VA. headache is going to get a $1,200 CAT set up of best practices that are devel- Now, I think we can do better than scan instead of a blood pressure check oped not by a government bureaucrat, that, and that’s going on right now. and an aspirin and a ‘‘come back to my Madam Speaker, but by that very spe- So that veteran who’s up there with, office in the morning.’’ cialty group, those men and women, maybe he’s an elderly veteran, a World So this is an area in which we could those leaders of that specialty society War II veteran with a very complicated clearly come together in a bipartisan

VerDate Nov 24 2008 05:08 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00095 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.165 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6404 CONGRESSIONAL RECORD — HOUSE June 9, 2009 way and hash out. Well, if the Cali- ever want in this hospital, wink wink— ROHRABACHER, is going to be on the fornia version of tort reform is not ac- meaning, think of something; dream of floor in the next hour. He asked for a ceptable, how about a medical tribunal, things—put it on a list, because if we minute, and I yield to him. a group of independent people looking don’t preserve that budget the way it Mr. ROHRABACHER. As we are mak- at the claim and saying whether or not is, then our budget will be cut next ing fundamental decisions about things it has merit? year. And that, my friend, is the way such as health care, which is so impor- There are so many things that we government works. If you don’t force it tant to our country and important to could do. And I’ve got a few more ideas, into the budget, if you don’t make sure each and every citizen, we should keep Madam Speaker, that I want to talk and protect your territory, it won’t be in mind the fundamental differences on, but I do want to refer back to Dr. there next year. Somebody will cut that you are bringing up tonight be- FLEMING and hear from him because I into it. And that’s really the way gov- tween a government-controlled health know he’s got a lot of things he wants ernment works. care system and an individual-con- to share with us. And I will give you an example, a trolled health care system, where the I yield to Dr. FLEMING. real-life example of how we will never individual basically controls a great Mr. FLEMING. I wanted to tone be able to get rid of waste, fraud, and deal of the resources that he or she de- down on the debate a little bit more. abuse from our health care system if pends upon for his or her health or the Again, we heard the 30-something it’s run by the government. health of their family as compared to Group Democrats talking about the de- Think about this: we have to throw having those resources totally at the bate earlier, and one said something out a wide net, which is very expensive. command of the government. And the very interesting. It really caught my We may capture a few offenders out one word that comes to mind is ear. He said that the debate is basically there. Because it would have to be a politicalization of what’s happening Democrats want health care reform, criminal act, we would have to prove and what could that possibly mean in Republicans do not want health care that they really did it on purpose; and health care. reform. then at the end of the day we would Let me give a little suggestion that if Now, I have spoken on this floor, as have to prosecute them with a lot of we have government-controlled health you know, Dr. GINGREY and Dr. ROE as dollars; and then we may get one per- care, we’re going to have illegal immi- well, and I’ve heard you speak many son, and we may get a few dollars. grants involved in the system. Our times; many Members of our con- That’s the way you get rid of fraud and Democratic colleagues, as good-hearted ference have spoken; I’ve spoken a abuse in a government system. as they are, cannot get themselves to number of times throughout the dis- In a private system, much different. say ‘‘no’’ to providing health care bene- trict. I’ve listened to everyone from You have a physician or some other fits to illegal immigrants. If we provide Speaker Gingrich to many others. I provider in a health care organization the type of operations that we want for have yet to hear one Republican say that’s privately run, and if his prac- our own people—heart operations and that he is against health care reform. tices are not the best practice and he’s various things that are very expensive So I want to remind my colleagues not practicing in a cost-effective way, operations for health care—to be grant- on the other side of the aisle that the that shows up on a graph; and often, of ed to illegal aliens, you can expect that only way we’re ever going to solve our course, you go to that provider and you it will, number one, bankrupt the sys- health care problems—which make up reeducate, and you have him work with tem; but, number two, we will have il- about 20 percent of our economy—we colleagues, and you get him back to legal aliens coming here from every must have an honest debate. And fram- the protocols. And if that doesn’t work, part of the world. And, in fact, one of ing the other side into a position that then you fire him. Easy problem to the problems right now is that we al- really doesn’t exist is not going to get solve. It doesn’t require all of that— ready provide too much health care for us there. In fact, I would say that we there is no crime involved. So you can illegal immigrants. really agree, from what I can under- work in the most effective way pos- b 2240 stand, on 90 percent of the discussion. sible. We all agree that we should do away Mr. GINGREY of Georgia. Reclaim- That issue alone should be a red bell with pre-existing illness; we all agree ing my time, I think that the gen- for everyone out there saying, Do I that we should have portability; we all tleman has certainly hit the nail right really want the government to control agree there should be a hundred per- on the head in regard to this, and we health care and make the decision and cent access to care; we all agree that could go back to what we talked about give part of the money to an illegal im- we should lower the cost of care. I can earlier in regard to electronic medical migrant? draw you a great list. There is really, records, which would be specialty spe- Mr. GINGREY of Georgia. Well, re- when you get down to it, only one cific—the information, of course, would claiming my time, and I thank the gen- thing we disagree with, and that is we be available for any provider who is tleman for his contribution in regard feel that a private system, private in- seeing the patient. to that. dustry—even if it’s paid for by the Fed- But in regards to best practices, as When you look at that number of 47 eral Government—in many cases does a the gentleman was talking about, and million who do not have health insur- much better job in terms of quality of these algorithms, I mean, doctors, let’s ance, according to the Census Bureau, care and customer service and a much face it, they’re busy. They’re oper- Madam Speaker, probably as many as better job of controlling costs. ating; they’re delivering babies. They 10 million of them are illegal immi- This is proven time after time. don’t have time, nor can they afford grants. Now, they’re not entitled, so to Compare our economy with a social- every 4 months going to a continuing speak, to health insurance. That’s not istic economy and you see every time medical education course. A lot of to say that you might not have a situa- that we provide much better products times they have to do that online. And tion of extreme compassion if an ille- and services and at a much better price it is hard to keep up. gal immigrant is admitted through one than those countries do. But with electronic medical records, of our emergency departments and So, really, the only disagreement is this would help them keep up. It would they are absolutely in the throws of a who is actually controlling the care. absolutely help them order the right fatal illness, maybe it’s a young, other- And, of course, I submit to you that a tests, give the best outcomes. And as wise healthy person with congestive government-run system is a real prob- Dr. FLEMING pointed out, if they’re in a heart failure or congenital malforma- lem. And I will tell you where I learned single specialty group of eight surgeons tion that is resulting in an inability to this. and one in the group is not getting the sustain their blood pressure and they When I was in the Navy as a physi- information the others are getting, are on the verge of death, they would cian, I noticed in the first year that that information is available inter- get the care in that hospital—in any the commanding officer of the hospital nally and externally. And you kind of hospital I think across the United sent out a call and said if there is—this police your own. States. is budget time of the year—and if there I want to give—I think he just asked Mr. ROHRABACHER. And no one ar- is anything that you think we could for 1 minute—my good friend, DANA gues with that.

VerDate Nov 24 2008 05:08 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00096 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.167 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6405 Mr. GINGREY of Georgia. Yes. Of tion drug benefit? If you have a cred- discussion in just a moment. But he is course not. They would get that care to ible insurance plan that covers pre- correct. What happened was, when we save a life, of course we would. But the scription drugs, say, on a supplemental created the TennCare plan in Ten- gentleman brings up a good point. And plan, and then you lose that after 4 or nessee, we are surrounded by eight I did want to point out the segue into 5 years, then you shouldn’t be penal- States in the State of Tennessee, and that number of 47 million. ized when you get into part D—and, in- we had a plan much richer than the It is estimated that maybe 18 million deed, the law says you won’t be penal- surrounding States. So guess what hap- of those 47 million are making more ized. But why should the insurance pened? People came into the State. than $50,000 a year, and many of them company penalize these people who, in First of all, when we first put the plan just choose, of their own volition— good faith, all those years have put out, all you had to have was a post of- maybe they’re 10 feet tall and bullet that money, that premium—the insur- fice box. Well, there were a lot of post proof, 20-somethings, 30-somethings, ance industry had it invested and had a offices boxes that occurred, and a lot of have the Methuselah gene, they think, good return on their investment—when people came into the State of Ten- and don’t spend much money on health these people all of a sudden are in a nessee to get care. care, and they just elect not to put the high-risk situation, I think they should The way the Governor handled that— $200 a month payroll deduction or get a community rating. and remember that government-run whatever it is. And maybe they have I would be very curious to know how plans—and I want people to under- their own escrow account or their own my colleagues feel about that, and I stand, this is a very important point— health savings account. I think it’s a will yield to Dr. FLEMING. in Tennessee, when it was about to bad decision, I think it’s a bad bet, but Mr. FLEMING. I appreciate your break the State, our Governor, along a lot of people do that. yielding. I just wanted to take a mo- with the legislature, made some very And you can’t really force them, I ment to follow up on what you said and tough decisions. They cut the rolls. don’t think, unfortunately, in this Mr. ROHRABACHER. They limited the number of people that Democratic plan, Madam Speaker. We have 47 million uninsured, 10 mil- were on the TennCare plan. In a plan in What the President is talking about is lion of course are illegal aliens. And of England or in Canada or other single- to have a mandate on the employer. If course that is a solvable problem by payer systems, what happens is you ra- they are above a certain number of em- only allowing legal aliens and requir- tion care, you create waits. For exam- ployees and if they don’t provide ing them to pay taxes and insurance ple, in Canada—and this is the head of health insurance for their employees, like anyone else, and those who are the Canadian Medical Association, not then they have to pay a tax or pay a here illegally should not be here. So PHIL ROE saying this—but he said you percentage of their payroll into this that’s not really a health care problem, could get your dog’s hip replaced in a connector; and individuals are abso- at least primarily, that is an immigra- week in Canada, but it takes 2 to 3 lutely required to sign up for health in- tion problem. years for a person to get their hip re- surance, or if not, they have to pay a We also have, as you point out, at placed in Canada. And I think you tax. I mean, that is not the American least half that 47 million who are in- made that point this morning during 1 system. We want to encourage young surable people, and very cost effec- minutes. healthy people to get health insurance. tively, but they choose not to. That Mr. GINGREY of Georgia. Reclaim- And I want to make one point before really hurts the risk pool, and we ing my time, we did talk about it this I yield back to either one of my two should do things to incentivize them. morning, and it was a Canadian testi- colleagues. The insurance industry can The real problem is the 10 or 15 mil- mony, was it not? And I yield back to help in a great way by looking at this. lion people who are either business you. Let’s say, take an example, a 22-year- owners or they work for small busi- Mr. ROE of Tennessee. It was. And I old young man, newly married, newly nesses and they can’t get cost-effective think the discussion, as I recall—and employed, is not really convinced that insurance. And they’re the ones that Dr. FLEMING is absolutely right, there paying for health insurance on a delay care, they’re the ones that don’t are not that many disagreements, it’s monthly basis is to his advantage, but go to their primary doctor, they’re the who is controlling these health care de- he does it anyway. And he puts in ones that end up going to the emer- cisions; is it a bureaucrat or is it the whatever the cost is for a family pre- gency room, getting care at a time patient and a doctor? And I think that mium and his portion of that payment when the outcomes are the worst and is where the big discussion is. month after month, year after year, the cost is the highest. Now, as I recall, when the Medicare with the same company maybe 15 or 20 So when you think about it—and part D discussion came up, the problem years. During the course of that time, polls show that 75 percent of people are was going to be—the argument I heard Madam Speaker, envision this, that in- happy with what they have, whether the other side make was that without dividual develops high blood pressure, it’s Medicare or Medicaid, private in- this public option there wouldn’t be or maybe in addition to that high blood surance—it’s that 25 percent that can’t enough competition, and therefore pressure develops type 2 diabetes— get affordable care. That’s where the prices would go up. But was what hap- maybe the diabetes comes first, and problem is, and that’s where the focus pened in part D—and I’m not saying then the high blood pressure—and then needs to be. And if we do that, we get part D certainly is perfect, it’s not— after that develops coronary artery dis- cost-effective coverage for them—and but what happened was, with a com- ease. And then all of a sudden the com- there are many ways of doing this, and petitive market out there, that actu- pany goes out of business and that in- we would have to get into ways to de- ally came in lower without the public dividual is out of work, out of insur- termine that—we would really have option when you had the private option ance, and desperately needs it. But be- this problem under much better con- competing in the open market. And I cause of these preexisting conditions, trol. But if we, on the other hand, blow believe the discussion among the once COBRA runs out, how are they this thing out with a single-payer sys- Democrats was that without this pub- going to get health insurance? How are tem, we are going to have exploding lic option, that wouldn’t happen. Well, they going to afford—struggling maybe budgets as far as the eye can see, and I just the opposite happened. to find a new job, but how are they don’t see any end to that. I thank you, And again, we have seen what hap- going to be able to go out with no tax and I yield back. pened in Tennessee, I don’t want to go deductibility and purchase a health in- Mr. GINGREY of Georgia. I thank over it again. But I can assure you that surance plan that is three and four the gentleman, and I yield to the gen- it will be a plan that promises more times the amount of a standard plan tleman from Tennessee. than it can deliver for the funds that for everybody else? Mr. ROE of Tennessee. Just a couple are available, and there will be two op- What I would say, Madam Speaker, of comments. tions. And you know what those op- to the Association of Health Insurance Our colleague from California made tions are, and that’s long waits—and I Plans, why don’t you grant those indi- great points. And I am going to ask the just don’t think the American people viduals credible coverage, just like we two of you who have been here for a are interested, I know I’m not inter- did in Medicare part D, the prescrip- while to discuss this Medicare part D ested in that.

VerDate Nov 24 2008 05:08 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00097 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.169 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6406 CONGRESSIONAL RECORD — HOUSE June 9, 2009 Mr. GINGREY of Georgia. Well, re- Republican bill. And then, of course, is to my patients to say, You do not claiming my time, and I think you’re they said, well, why can’t we have a have cancer. So this is one where they absolutely right, that the only way to government default plan and why can’t quit doing that because the cost of the solve the cost overruns, which would the government come in and set the biopsies was more than the screening. no doubt occur—and I do believe, as price and say, okay, this is the price, The best rates they had were 78 percent our friend from California suggested, this is the monthly premium for part survivals, and those are going to go that if the government was running the D, the prescription drug part, and these down if you use that technique. whole show, and eventually if we ap- free market thieves will not be able to Mr. GINGREY of Georgia. If the gen- prove this government default plan, run up the price? And they even sug- tleman will allow me, as we get very that’s just a giant step, and it’s just a gested, Madam Speaker, that we set close to that bewitching hour of 11 baby step toward a single-payer sys- that monthly premium at $42 a month. o’clock, my southern drawl had better tem. And when you get into that situa- Fortunately, my colleagues, that get a little faster than a drawl. But my tion, I can almost assure you, Madam amendment was defeated. And when mom, Helen Gingrey, who lives in Speaker, that under current leadership, the premiums first came in from the Aiken, South Carolina, in a retirement you would have any and all, come one prescription drug plans, the private community, a great community, come all, just like they did in Ten- plans competing with one another for Kalmia Landing, my mom had her 91st nessee. And Dr. ROE was describing the this business, they came in at an aver- birthday on February 8 of this year. TennCare program and the problems age of $24 a month. Now, 3 years later, Well, when she was 90, about 5 or 6 they ran into. that has gone up a little bit because of months ago, 6 or 8 months ago, she had b 2250 inflation, but it’s nowhere near $42 a a knee replacement. And Mom had got- month. ten to the point, Madam Speaker, And then the only way you could pay So if we don’t learn from our history, where she could barely walk, in con- for it, as he points out, would be to we are going to repeat those same old stant pain, on the verge of falling and start cutting reimbursement to the mistakes. And it looks like the Demo- breaking her hip at any moment. And providers, to the health care providers, crats, with this idea of letting the gov- now she is enjoying life and enjoying to the physicians, to those primary ernment come in and run everything being with her friends, and maybe she’s care docs that we so desperately need and saying that we can’t trust the free going to live another 10 or 15 years. I to be focusing and to be running our market, I guess that’s what they want don’t know. She seems to have the Me- medical homes and to make sure that to do with General Motors as well, and thuselah gene. But do you think in people are taking their medication, I’m very anxious to see how that one Canada or the U.K. or one of these that there’s an emphasis on wellness turns out. countries where they ration care that and keeping people healthy, keeping Mr. ROE of Tennessee. Will the gen- she would have had an opportunity to them out of the doctor’s office, keeping tleman yield? have that knee replacement? The an- them out of the emergency room, out Mr. GINGREY of Georgia. I yield to swer we all know, Madam Speaker, is of the hospital, and toward the end of the gentleman from Tennessee. absolutely not. life hopefully out of the nursing homes Mr. ROE of Tennessee. Good points I would say in closing, the one thing and in their own homes. That’s why I about the private versus the public sec- I would like to see is the equal tax think it’s a mistake to even go in that tor. The private sector will always be treatment of the health care benefit for direction of government-run health more efficient and more responsive. individuals who have to go out and buy care. And you have heard this story before, them in the market on their own. They I clearly feel, and I know my col- but when I began practice and when don’t get it from their employer. Why leagues on the floor tonight agree with you did, Dr. GINGREY and Dr. FLEMING should they not get a tax advantage me, Madam Speaker, that the private also, when a patient came to me, and I health care plan just like everybody marketplace works. And my two col- took care of nothing but women, and else? And you know what, Madam leagues that are with me tonight when they came to me with breast can- Speaker? I have not heard the Demo- weren’t in the House back in 2003, but cer—which I unfortunately saw way crats in the House, the Democrats in I know they were following the debate too much of and our practice diagnosed the Senate, or President Obama talk very carefully and very closely and about a case a week. It was that com- about that. And talk about fairness and maybe even felt that Medicare part D mon or is that common. wanting to be equitable, let’s hear was something that we couldn’t afford. And we just had a relay this week- some more about that. We will talk Certainly it added cost, if you crunch end. In 1977 or so, the 5-year survival about it in future Special Orders. the numbers statically, to the Medi- rate was about 50 percent, maybe a lit- I want to thank my colleagues Dr. care annual payments, Medicare part D tle bit better, but about 50 percent. ROE, Dr. FLEMING, and my good friend did. But in the long run, in the long And the big argument came: Do you do from California, Representative DANA run, because of that program, if they a disfiguring operation of a radical ROHRABACHER, for being with me dur- can afford to take their medications mastectomy or a lumpectomy? Because ing this hour. for some of these diseases that I men- the survival rates were the same. So tioned earlier, high blood pressure, what has happened over that time is f high cholesterol, diabetes, and keep that now a patient can come to you or b 2300 these things under control, then clear- me or any of our colleagues and we can ly what happens is you shift costs from tell them that because of early detec- THE BIGGEST POWER GRAB IN part A, the hospital part of Medicare, tion, because of education, because of HISTORY and from part B, the doctor part, the mammography, you’re going to have a The SPEAKER pro tempore (Ms. KIL- surgeon part, the amputation part, the 98 percent survival rate in new medica- ROY). Under the Speaker’s announced renal transplant part, and then also in tions. That is a wonderful story to tell. policy of January 6, 2009, the gen- part D keeping folks from having a And I know no matter how tough the tleman from California (Mr. ROHR- massive stroke hopefully by control- times are for that patient, you can ABACHER) is recognized for 60 minutes. ling their blood pressure and you spend look at them and say, You’re going to Mr. ROHRABACHER. Thank you less on the skilled nursing home part. be okay. very much. So I think that’s a pretty good bargain In the English system, they quit Madam Speaker, a thought came and a pretty compassionate way of ap- doing routine mammography. And why across me about 2 days ago. I was out proaching things. did they quit doing that? Screening on the water, surfing off of San But our Democrat colleagues, Madam mammograms aren’t done anymore. Clemente, California. I was sitting Speaker, who were in the minority at Why? Well, because it costs more than there on my surfboard. The pelicans the time, stood up here and they sym- the biopsies. Sometimes a test will tell and the birds were jumping into the bolically, some of them, tore up their us we have something when we don’t water and carrying fish out of the AARP cards because that senior orga- have it. That’s called a false positive. water, and the dolphins were swimming nization had the audacity to support a And the phone call that I love to make by. It was just a beautiful day. I

VerDate Nov 24 2008 06:00 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00098 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.170 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6407 couldn’t help but remember that many inform our young people, perhaps for Well, I trace the reluctance of our years ago when I was a young reporter, political reasons, whatever. But the scientists to step up back to the abrupt one of my first assignments was to fact is, when I tell them that they are dismissal of Dr. William Happer, who cover a speech being given by Jacques 180 degrees wrong, that, in fact, the air was then the top scientist at the De- Cousteau. He was a hero to me at that is so much cleaner now that there’s al- partment of Energy back in 1993. time, and I really relished the idea of most no comparison to what it was Happer was too professional, too objec- going out and being able to interview when I was a young person in high tive for what Vice President Gore had him after a speech he was giving at school, they are incredulous. Many of in mind. So off with his head. Imme- UCLA. I got to the speech, and I found them don’t believe me when I say that. diately that was one of the first ac- that Mr. Cousteau was being very pes- But they know afterwards when they tions taken when the Clinton adminis- simistic about the future of the oceans, check up on it that they have been lied tration took power. Out the door with and he was telling the kids there was to. Dr. Happer. This man, this prominent no future in the ocean, that 10 years Well, whatever the reason, whatever and very well-respected Ph.D., his dis- from now—this was in the early 1970s the motive behind this misinformation missal in that way was a message to he was saying this—there would be no that’s being provided to young people, the science community: If you want a life in the ocean. ‘‘The oceans will be whether it was Jacques Cousteau or grant, you toe the line. And what fol- black, lifeless masses, black goo.’’ I whether it’s the educational establish- lowed was a one-sided drum beat, one- felt that it was a bit pessimistic; and ment or if it is any of the other people sided promotions, one-sided research when I had my chance to interview him we’re talking about who have ties to grants, and one-sided thinking. Those afterwards, I turned on my tape re- the radical environmental movement, were the order of the day for the 8 corder and introduced myself. He was whatever the reason they are misin- years of the Clinton presidency. The ready for the interview. I said, Aren’t forming our students, it’s not just the media bias, which of course went along there also some optimistic sides about students. It’s our general population as with that, played hand in glove, has the ocean, that perhaps we will some- well. never let up with that bias. We just had day be able to farm them, like with For decades, phony, frightening pre- a major conference here in Washington shellfish and regular fish perhaps, dictions, false climate assumptions and with hundreds of prominent individ- being able to ranch them, you might inaccurate information fed into com- uals, many of whom are great sci- say, in the ocean? And that might be a puter climate models have been foisted entists, Ph.D.’s, and heads of major great source of protein for the whole on the American people, including our university science departments. Yet world that we would then have under young people, and people throughout that conference, which was skeptical of better control. He came right up to me, the world. Even worse, honest discus- man-made global warming, didn’t get and all these students were watching, sion on these issues of climate have any publicity. Very, very few news ar- and he put his face right up next to my been stifled, and critics have been si- ticles came out of this. Yet these were nose, and he said, Didn’t you hear me? lenced in order to create an illusion of very prominent and important people. The oceans will be dead in 10 years. a consensus that the climate is going This kind of repressive atmosphere Black goo. Dead. haywire and that we’re in for a global where the press doesn’t report that and I’ll never forget that. I mean, that warming calamity. So why is this? that we had years and years where peo- was something that was really pounded Why do we have this specter of man- ple were not being able to get grants right into my memory because his nose made global warming being portrayed unless they toed the line that Vice was almost touching my nose. I could as a global calamity in the making? President Gore wanted, in this repres- smell the garlic on his French breath, Well, it’s being used to stampede the sive atmosphere, many leaders of the and I will tell you that it was an expe- public and, yes, stampede officials into scientific community just remained si- rience. I thought about that just 2 days accepting what appears to be the big- lent. They sort of became turtles. They ago while I was surfing. The fish were gest power grab in history. One doesn’t tucked their heads in and figured jumping, and the porpoises were swim- have to be a conspiracy nut to realize they’d hunker down and live through ming, and the pelicans were landing there are a significant number of peo- it. But the ignoring of a campaign of and picking up the fish in the water, ple who really believe in centralizing deceit that was utilizing the prestige of the oceans totally alive, and I am to- the power of government into the the science community has taken its tally alive and very grateful to have hands of elected and even unelected of- toll, and it’s taken a long time to get the oceans that we have. Obviously Mr. ficials, centralizing that power in these scientists out of their shell and Cousteau was wrong. I can’t tell you Washington and elsewhere. And these to step forward with integrity, as is ex- today whether he was lying or inten- unelected officials, who now will be pected of the men and women of tionally misinforming those students, given so much power, are expected to science. but he was dead wrong. be competent and expected to be well So here we are on the edge—laws, Now students come to visit me a lot. motivated. They are expected to prove taxation, controls, regulation, man- I’ve been in Congress now over 20 that by doing the things that are con- dates are about to be enacted; and years, and I try to see every student sistent with the goals and the values of we’ve had 15 years of stifled debate. that comes from my district. I try to the people who are pushing to cen- Even my GOP colleagues are afraid to see them; and I talk to them, giving tralize power in their hands. take on the phony science that is at them a chance to ask me questions. That we have a group of leftists who the heart of the man-made global But I always ask them a question too. believe in centralizing power should warming propaganda juggernaut. So my students from Southern Cali- not surprise anyone. But what we have Again, these people in the GOP, they fornia, young high school students, I here is the leftist politicos in this oppose this theory; but they just want always ask them, Is the air in our con- country who believe in centralizing to say that what is being proposed by gressional district, in our area of power anyway have been willing to go the Democrats will cost too much and Southern California, is it cleaner or along and exaggerate and, yes, play will have too little impact on climate dirtier than it was 45 years ago when I fast and loose with the facts in order to or temperature for it to justify this went to high school in this very same promote this notion of man-made glob- huge cost. Well, they’re right. What’s area? And almost 90 percent of the stu- al warming. But we didn’t expect these being proposed will have a huge cost dents adamantly insist that the air people who have a motive of trying to and very little impact; but if, indeed, back then was so much cleaner: Oh, centralize power, or whatever the mo- we are facing a global warming calam- you’re so lucky to have lived in an age tive is of these alarmists in the radical ity that’s being caused by human ac- in Southern California where the air environmental movement, we didn’t tivity, the costs shouldn’t matter. was so clean, and now it’s so dirty and expect them to act any other way. But all of us are destined to die and to be we need to ask ourselves, why did it b 2310 infected with this pollution in our take prominent members of the science So I have to argue that principle and lungs. community so long to step forward to basic science is the important element Well, the fact is, that is dead wrong be counted in the face of this massive, of the discussion of the manmade glob- as well. Someone continues to mis- heavy-handed campaign of deceit? al warming theory and the laws and

VerDate Nov 24 2008 05:08 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00099 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.172 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6408 CONGRESSIONAL RECORD — HOUSE June 9, 2009 regulations and controls and taxation and I have certainly been willing to de- with any other ideas without com- that we are now on the verge of passing bate this issue in public and on tele- bating the ideas. here in Washington, D.C. vision. Well, the reason why they have tried The bottom line is that the science So why do we hear the words ‘‘cased so hard to have ‘‘case closed’’ and all of behind the manmade global warming closed,’’ stifling debate, and Mr. Gore, these things that I have just men- proposals in Congress and the draco- one of the prime advocates of this tioned, it is because their basic theory, nian laws which will follow are based issue, not willing to take questions? the science theory behind manmade on faulty science. The science is wrong. Why is it that people who have, you global warming is wrong. It is dead What has been presented to us by Vice know, skepticism about manmade wrong, and that is why they won’t dis- President Gore and the radical environ- global warming, why is it that they cuss it. And if they won’t discuss it, we mental community and liberal leftists complain, like Robert Gray, former can discuss it. who want to centralize power in gov- chairman of the American Meteorolog- I would suggest that if there is any- ernment, the facts that they have pre- ical Association? Why do we hear from one in this Congress who would like to sented us have not been accurate. This them that they were turned down for debate me on this issue for an hour has either been an intent to deceive, or grant applications so many times? Why sometime between now and the time perhaps just a benevolent intent to do we hear that from a man who men- this Congress has to vote on cap-and- save the world. tioned that he had received 13 such re- trade legislation, I will gladly meet So it is not just a cost analysis of search grants prior, prior, to the Clin- them for an hour and discuss this issue. current legislative proposals that show ton administration, and then been to- So let’s start discussing it tonight, that the proposals claiming to thwart tally cut off? and then maybe sometime in the next manmade global warming would oblit- Doesn’t that say something, when few weeks someone from the other side erate jobs. We know that. someone of that caliber, a Ph.D., the will take advantage of that offer to All these proposals that say, well, we president of the Meteorological Asso- have an honest discussion with me and are going to try to thwart global ciation, can’t get a grant to study the with the public about this issue. If it is warming that way or this way, or this frequencies of hurricanes? And even so important, let’s have an open and regulation, this taxation, this require- today this man points out contradic- honest discussion. So let’s look at ment of cap-and-trade, we have had tory information. His view is—a man some of the real science-based chal- major economists warn these things with decades of experience and creden- lenges to the predictions of an oncom- will destroy the American economy. tials, Ph.D.’s and credentials in mete- ing manmade global warming calam- But if they claim it is about saving the orology, says no, the idea that man- ity. planet, people are going to listen to kind’s human actions is causing hurri- Okay. In briefing after briefing—I am them. canes is false, and there is no evidence a senior member of the Science Com- But it will destroy the economy, and of that. mittee—and over the years in briefing the irony of it is, this will have noth- Well, and then what else do we hear? after briefing on global warming, I ing to do with saving the planet, but We hear name-calling. I was on a tele- couldn’t help but notice that the will in fact perhaps make the environ- vision show recently where they called charts that showed that we have in- ment of our planet worse, rather than me a troglodyte, I guess troglodyte, creased the temperature of the planet better. That is why they have tried to that is the word, that I am anti- by 1 degree, here is the chart, it is stifle the debate. science, and I am bigoted in some way. going up like this, I couldn’t help but The real scientific justification for I kept presenting scientific arguments notice where they started, down here. their power grab is science, and an hon- about manmade global warming, but And down there was 1850. est discussion of that science will show all I got back was name-calling. 1850 is actually the line, the baseline that the science being presented to jus- Case closed. We are not going to an- that is used for temperature compari- tify this power grab is at best inac- swer any questions. No grants for skep- sons by the global warming commu- curate, and, at worst, a total lie. tics. And, yes, anybody who disagrees nity, by the people who believe in man- You have all heard it, and everyone with us is a low-life who doesn’t believe made global warming. But 1850 has knows about this. People in Wash- in science. Yes, you don’t believe in some significance. 1850, in that era, ington, we don’t need to be told that science. those few years there, that was the end there has been an attempt to stifle de- Can you imagine moving forward to of the little ice age. That was the end bate. But I would ask that the Amer- have an honest discussion about man- of a 500-year decline in world tempera- ican people think about what they made global warming and being dis- tures. have heard about the manmade global missed before you get to the discussion Okay, so why is it that people who warming theory over these 15 years, as being anti-science, and then after in- want us to be concerned about a 1 de- but especially over these last 4 years. sisting on four or five issues on science, gree temperature increase are making How many have heard the words not having those arguments even an- the baseline of comparison the bottom ‘‘case closed?’’ Isn’t it ironic that all of swered, but instead having my religion of a 500-year decline? Well, if it is at a sudden everybody started using the questioned? the bottom of a 500-year decline, if it is words ‘‘case closed?’’ What does that Well, dismissing rather than answer- that low point they are comparing it mean? That means no more debate. ing legitimate challenges to the man- to, what is all the hysteria about if we The words ‘‘case closed’’ was a clumsy, made global warming theory is par for are talking about a 1 degree rise in and, I might add, a heavyhanded at- the course. This is standard operating temperature? What is that all about, or tempt to shut off discussion even be- procedure. Case closed, standard oper- even a 2 degree rise in temperature? fore we had a chance to have an honest ating procedure. No questions, stand- The fact is we know that there have discussion of the issues. Because, as I ard operating procedure. No grants for been weather cycles and climate cycles said, the scientists in the 8 years be- skeptics, standard operating procedure. throughout the history of the world. forehand had been denied research These people have been trying their They are now trying to use a low point grants unless they were wanting to toe best to basically steamroll over anyone of a cooling cycle to compare it to say the line on global warming. How many who would get in their way without we should be upset when there is even have heard ‘‘case closed?’’ We all have. having to have the honest discussion of a 1 degree change. When Mr. Gore speaks about global an issue of this magnitude. All of it is What about those other weather cy- warming, he never takes questions. simply a Herculean effort not to dis- cles? Number one, let’s ask, how can Why would it be that someone who be- cuss the scientific assumptions that you use that as a baseline? Number lieves in something so adamantly re- are at the basis of the manmade global two, what about the other weather cy- fuses to debate the issue on TV and re- warming concept. cles and that weather cycle? How about fuses to take questions? I have cer- So what is that all about? Why are the weather cycle that went down for tainly a lot less invested in this issue they not willing to discuss the science? 500 years? than Vice President Gore. I give All it is about is not discussing the The fact is that over 500 years ago, speeches and always take questions, science, shutting down anybody else actually 1,000 years ago, the weather

VerDate Nov 24 2008 06:00 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00100 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.174 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6409 was very warm. It was a lot warmer is retreating. There’s no doubt about So the most important discussion in than it is today, a lot warmer than the that. But when I say that, I’m not talk- terms of manmade CO2, which, as I say, 1 degree that we have. ing about our ice cap. That’s clear to the manmade part of it is just a small b 2320 us. But what about the ice cap on contributor, it’s a small contributor to Mars? There is an ice cap on Mars, and a very tiny element in the atmosphere, The fact is, there were big areas of just by coincidence, it is retreating at and suggesting that that is changing Greenland that were green. They actu- exactly the same time as our ice cap is our climate is ludicrous. In fact, it is ally had agriculture and a green part of retreating. Doesn’t that indicate that warming and has released CO2 and that area. Iceland was an area that had it might be the sun and not us driving there have been—it is warming a little plants and crops. Vineland, which the SUVs or modern technology that’s cre- bit. There has been, over the years, Vikings said, people thought, well, ating these many, many cycles that until recently, and over the years, they were claiming that there were we’ve had, including the one that we there has been times when CO2 was vines there but there really weren’t. are already in? going up dramatically and down dra- No, the temperature was different. It Yes, an ice cap is retreating on Mars matically but had nothing to do with was warmer 1,000 years ago. and it’s retreating in the world. Is that the climate of the planet. For example, So there have been numerous weath- just a coincidence? Well, that’s a sci- manmade—if manmade—here’s a basic er cycles that have had nothing to do entific challenge. Let’s have an answer can question. Here’s another science with human activity, unless you be- to that. So, we have polar ice caps challenge. If manmade CO causes lieve that the Vikings, of course, there 2 melting on Mars, and it’s not just a co- warming, why, as CO2 levels were ris- was something that they were doing incidence, I believe. So tell me why ing dramatically in the 1940s, fifties, that was changing the weather. And, if this doesn’t indicate to us that what sixties and seventies, why, if the CO2 there was a warming cycle, and again, we’re really talking about is solar, was rising in those decades, why was if we’ve had a warming cycle since that what we are facing today in the cli- there actually a cooling of our climate time, it’s only been 1 degree. mate changes that have taken place in those decades? But these past climate cycles, there’s today, just as it has in the past is that Okay. Let’s hear the science. Come one thing that we have to try to pick it has to do with solar activity. on. I just had a science. I’ve had five or up. Why is it then that we’ve had these So now remember, by the way, ice six points now. Why is everyone afraid cycles? Why is it then, and why is this caps may have been melting in the Arc- to take on these scientific answers? If cycle we are claiming which is a 1 de- tic, but one thing people miss, the ice indeed CO2 causes it to warm, well, gree rise in temperature from a 500- caps are not melting everywhere, just then how come, when we had massive year low, why is this different? Why the northern ice cap. In Antarctica, to increases in CO2 in the forties, fifties, are we trying to change the rules of the the south, ice is actually accumu- sixties and seventies that it got cooler game and centralize power and look at lating. And so in the north, yeah, there and not warmer? Well, the calculations this as some sort of crisis when it’s is a polar bear population, I think two on global warming have been based on just another cycle? And why, what is species of polar bears are suffering. fraudulent numbers. causing the cycle then? Most every one, the rest of them are And here’s another scientific chal- Well, it seems that cycles of climate expanding their population. lenge. A recent study shows that over follow solar activity. The cycles we’ve And by the way, I understand now, 80 percent of America’s temperature had before mankind even emerged can even in that area, the ice is beginning and weather stations which have been be traced back through ice cores to to return. But the ice has always been the source of temperature readings solar activity. Now, we’ve seen it here accumulating in the Antarctic over that supposedly indicate a warming on Earth and we’ve seen it on other these years. That’s never told to us. trend, supposedly, these very same planets. It’s as if the whole world is increasing monitoring facilities have been com- Let’s note this. When I was in this in temperature, but they don’t bother promised and are faulty in the informa- debate the other night, a Member of to mention the areas where the ice is tion they’re providing. Congress, a good friend, went on about actually accumulating. how horrible it was, of course we’re Well, the manmade global warming b 2330 having manmade global warming. Look theory has been focused on CO2. This The numbers have been skewed. They what’s happening in the Arctic. In the is, of course, and again, let’s talk about are suspect because the monitors that Arctic, the polar bears are being de- the science of these issues. CO2 is a have been relied upon do not meet the stroyed. Well, of course that’s not true. miniscule part, a miniscule part of our basic scientific standards that are re- There’s a polar bear explosion in terms atmosphere, and if you ask the ordi- quired of them for us to believe in the of their population. There are two nary person, they think it’s 20 percent numbers that they’re giving us. In types of polar bears that are losing, of the atmosphere. Well, actually it’s other words, the equipment is com- that are not able to keep up with the .023 percent, I believe, so that’s less promised; the figures coming out of the changes in the climate there. But most than 1 quarter of 1. It’s less than 1 equipment cannot be relied upon. And other polar bears, because it’s warmer, quarter of 1 percent of the atmosphere our system, with 80 percent of our actually are living better than they is CO2. And of that, at least 90 percent monitors who do not meet the stand- were before, and the population of of the CO2 in the atmosphere is not ards, the scientific standards for us to polar bears is going up. How ironic that traced to human activity. rely on their numbers—our system has we end up putting them on an endan- I’ve been in hearings where most peo- been heralded as the best in the world. gered species list at a time when their ple claim it’s more like 5 percent of the So think about that. What’s going on numbers are increasing. CO2 in the atmosphere is traced to in the rest of the world when we’re But let’s get back to the central human activity. You know, and by the talking about one little rise, a one-de- point. Something’s going on in the Arc- way, one huge volcano or even massive gree rise in temperature since the end tic. And my friend and colleague is say- fire like they’ve had in various coun- of the little ice age which was a 500- ing, oh, how horrible it is and going tries would dwarf everything that year low of temperature? into great detail to touch people’s we’re trying to do to reduce CO2 into So even that we can’t figure out— hearts about a polar bear on a piece of the amount of CO2 that that would put even with that one degree we don’t ice. And then I said, you’re saying that into the atmosphere, because CO2 is know, because the monitors have been this is caused by human activity and, not a significant part of the atmos- placed in faulty ways or have not been thus, we have to have all these taxes phere. It’s a miniscule—it’s like a kept and maintained in the right way. and controls and things to save the thread being put across the line on a And so what we have had is a lot of planet from this? football field, and that’s what you’re people who have been making pre- Well, yes, that’s what he’s saying. changing by focusing not just on the dictions over the last 20 years, espe- Well, I said exactly what I’ve said to CO2, which is .023 percent, but it’s also, cially Vice President Gore. But if the Arnold Schwarzenegger. I said this to of that, 90 percent of that is not man- science community had been given myself on the program. Yes, the ice cap made. It’s made by nature. these grants—but only if they’re going

VerDate Nov 24 2008 05:08 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00101 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.175 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6410 CONGRESSIONAL RECORD — HOUSE June 9, 2009 to come to the conclusion about global these same people were talking about the public should wake up. The public warming that we want you to—these global warming 20 years ago, spending should understand that what we are people in the science community and billions of dollars on research that was seeing is a brazen power grab that is these other political people who have bogus research, you know. It was in- wrong. got their own motives behind this bull- tended to come out with what they So, let’s review the scientific chal- dozer approach and this steamroller ap- were buying from the scientists. They lenges to the man-made global warm- proach to accomplishing what they’re were telling us it was going to get ing theory. See if anybody ever tries to out to accomplish, those people have warmer, and they kept using the term come and have an argument about the been telling us that we’re facing a ‘‘man-made global warming.’’ And now science. man-made global warming climate ca- they call it ‘‘climate change,’’ and all Baseline comparison is at the bottom lamity and it was in the making. And of a sudden, they all change and it all of a 500-year decline in temperature. we were told that the temperatures became climate change. That is not the scientific way of deter- were either going to continue to go up Well, every time you hear that word mining whether a slight rise in tem- and up and it would reach a certain used by an environmental radical, by perature is significant. The science point and then there would be some one of these alarmists, it is an admis- measurements were partly or severely sort of tipping point and then it would sion that they were wrong and that flawed by a monitoring system that jump up by a number of temperature they refuse to admit that they were was—did not meet the standards nec- points. So it would be five or six wrong. Refusing to admit you’re wrong essary to have accurate information. points, or whatever they were pre- after you’ve been so aggressive in pro- Past climate cycles were frequent even dicting. It was a huge jump in tempera- moting something is certainly not an before the emergence of mankind. Cy- ture at some point. honest debate and an honest discus- cles like the retreating polar ice caps Well, that’s not what’s happened. I sion. are parallel to similar cycles on Mars heard that for 10 years, 10 years for the If I am proven wrong on a point, I suggesting solar activity, rather than people who were giving out all of the will apologize and change my position. human activity, is the culprit. Increas- grants, 10 years from all of the people I won’t try to change my wording so it ing CO2 levels did not cause warming, who were shutting out any type of real sounds like I was never wrong in the which can be shown in the 1940s, 1950s, debate, 10 years of ‘‘don’t ask any ques- first place. 1960s, and 1970s where there was an in- tions, case closed.’’ And those people These people were wrong. Remember creasing level of CO2, but yet it was are on the record, and they have been it. Every time the word climate change getting cooler. warning us of man-made global warm- is used, remember these were the same So let’s have an honest debate. Let’s ing that was about to get out of hand. people who were talking about global quit calling names. Let’s quit dis- But for over a decade, it has not gotten warming, and they want to have it missing legitimate science-based ques- any warmer. both ways. No matter if it gets warmer tions. Yes, 11 years ago in 1998 it was a very or colder, they want to blame it on b 2340 hot year, and that was the year—since human activity when, in fact, all of the then, every year has been cooler. It has evidence suggests that cycles come Address the scientific issues being not gotten warmer since then. And from solar activity. raised rather than sloganeering about a they say, Well, that was a very hot Expert after expert is now pointing consensus of scientists that does not year. Well, so was 1931 was a very hot to the flaws in the central argument. exist. Again, the so-called ‘‘consensus,’’ year, and it was followed by decades, I And the other thing you hear is, of case closed—that consensus does not might add, of cooling. So that doesn’t course, that all of the scientists agree. exist. More and more, thousands of sci- mean anything. That was just an There is your other way of shutting entists are signing on as skeptics to anomaly that we had a hot year in 1998, down debate. All of the scientists, all this manmade global warming theory. because ever since then the tempera- of the prestigious Ph.D.s and scientists This leads to an important point that ture has not been going up. agree. That is not true. And it hasn’t needs to be made. Perhaps the biggest The global warming alarmists’ pre- been true for years. lie the public must deal with is that all dictions were wrong, all right? Come So Al Gore’s scientific mumbo-jumbo the prominent scientists in the world and debate that. There is a scientific was wrong, all of the scientists agree- totally agree with the manmade global challenge. I keep giving scientific chal- ing with him is wrong, the temperature warming theory. That’s probably the lenges, and what I get back in this de- predictions have been wrong, and the biggest lie, as I mentioned. Instead of bate is, You’re a bigot; you’re anti- man-made CO2 premise is wrong. answering scientific questions, alarm- science; you’re stupid. Name-calling. I Now we find out that the monitors ists have simply claimed all the sci- mean, the people on the other side who used to collect the data were placed entists agree. I’ve been interviewed on always are willing to call people names next to air-conditioning exhaust this at least half a dozen times, and rather than confront their arguments vents—which made the temperature every interview begins with, well, all of are very easy to spot. You just take a higher—and in parking lots, and on top the scientists agree that manmade look. You listen to what’s being said. of buildings, and near other heat global warming is a reality, how can Who is offering an argument that needs sources which, of course, made all of you disagree with all of them? It is just to be discussed? Who’s calling names? their statistics totally unreliable. We another tactic aimed at repressing an They have been trying to shut down hear that. honest discussion of something that this debate by calling anybody who dis- We also know the methodology of should be a scientific issue and dis- agrees with them horrible personal using computer models has been ques- cussed with all sincerity. names. tionable from the very beginning. We I will now submit the names of 10 Well, let me repeat this one point: it all know the saying: garbage in, gar- prominent scientists, 10 of the thou- has not gotten any warmer for over a bage out. But no one was permitted to sands of scientists who have signed on decade and we’re still—it looks like hear the questions; no one was per- to suggest that manmade global warm- we’re even still getting cooler. That is mitted to ask follow-up questions as ing is far from accepted by all sci- totally contradictory to the pre- to—no one has been permitted to to- entists. These are the heads of science dictions that were aggressively made tally understand the software that departments, the presidents of sci- to us, as they only gave their grants to went into that questionable computer entific and academic associations, peo- the people who would agree with that modeling. ple with doctorates in the areas of over the years. The observations have been wrong. study, and they are coming forward at This is why global warming alarmists The attempt to stifle debate and shut last, they’re coming out of their shell have now, en masse, changed the word- up those people who disagree by calling at last after all of these years of in- ing that they use. They were wrong, so them names, denying grants, and mak- timidation. This is only a list of 10, but let us just change the way we talk ing personal attacks has been wrong. there are thousands more who are step- about things. Now it’s climate change, Thus, I would suggest the biggest ping forward to voice honest skep- okay? Everybody think about it. All of power grab in our history is wrong, and ticism, if not total rejection, to the

VerDate Nov 24 2008 05:08 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00102 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.177 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6411 claim that human activity is creating being suggested by those environ- had been nearly eliminated. DDT was a global warming climate catastrophe. mental alarmists. eliminated and malaria made a come- The first one is Dr. Richard Lindzen, Then of course the granddaddy of back, and millions of children in the top scientist from the Massachusetts them all was, many of the same people Third World have died because of this Institute of Technology. Dr. William who now talk about global warming nonsense. Gray, Colorado State University, were then talking about global cooling I can’t tell you if pelican egg shells former president of the American Me- back in the early 1970s, some of the are less fragile because of DDT, but I teorological Association. Dr. David very same people. Yes. And what hap- can tell you the tradeoff with millions Nowell, former chairman and NATO pened to global cooling? The cycle of young children dying in Third World meteorologist from Canada. Dr. started going in another direction. countries isn’t worth that tradeoff Gerhard Kramm, University of Alaska Then it became, Oh, my God, it’s global about how fragile and building up the in Fairbanks. Dr. Yury Izrael of the warming. Well, now it’s back to global shell of a pelican. Russian Academy of Sciences, a senior cooling. So is this all caused by us Unfortunately, the people driving member of the Russian Academy of driving SUVs? No. Maybe it’s caused by policy here are out to save our planet; Sciences whom I met and spoke to, and the sun. Maybe there are natural rea- they’re not out to save our children or also a member of the IPCC United Na- sons for the cycles of climate on this our seniors or any other people on the tions report, who now makes it very planet. planet. That is the same mindset that clear that he does not believe in that The so-called ‘‘experts’’ were wrong would dramatically damage our econ- report or manmade global warming. when they told us about all of these omy in order to save the planet, with Dr. Ian Pilmer of the University of things. All of these were exaggerated no consideration of the hardship and Melbourne. Dr. Diane Douglas, cli- problems, exaggerated threats to our deprivation to ordinary people that matologist and paleoclimatologist. Dr. well-being. And the American people would result from the draconian con- Harry Lins, cochairman of the IPCC were deceived in many of these cases, trols and taxation that is being pro- Hydrology and Water Resources Work- whether it was about nuclear energy or posed here in Washington right now as ing Group. Dr. Antonio Zichichi, presi- whether it was about cranberries. And an answer to the global warming dent of the World Federation of Sci- we had fanatics who were fast and threat, the manmade global warming entists. Dr. Ivar Giaever, Nobel Lau- loose with the truth and fast and loose threat. reate and physicist. with facts. Well, that’s exactly what’s Now that manmade global warming So this idea that all the scientists going on today. has been driven into the public con- are lockstep in favor of the theory of And what’s the problem with that? sciousness, the alarmists have the le- manmade global warming is a lie, not Well, the problem is there are serious verage right here in Washington. What just a lie, a damnable lie aimed at cut- side effects when one gets you focused should we expect unless the public ting off honest communication. And on something that’s not true, like changes its perception? There is a price who’s doing that? Who’s making this cranberries causing cancer or nuclear to pay, just like those millions of little adamant statement that all the sci- energy being such a threat. You end up kids dying in Africa of malaria, and entists are in agreement with this? doing things that are actually harmful there is a price to pay for listening to Well, we’ve had people who say these to you that you wouldn’t do otherwise. irrational alarmists. things and said things all along. When you have CO2 being called the Excessive taxation regulation man- There’s the global warming alarmists primary pollutant for concern, you are dates are now being proposed in Wash- now who are making these statements. doing a horrendous disservice to the ington, and they will reduce our gross But let us just remember, these scares people of this country. By focusing on domestic product by over $7 trillion, have happened in the past. I remember CO2, which is not harmful to human destroying nearly 2 million jobs by when my mother wouldn’t serve cran- beings at all and in fact is a plant 2012, at a time when we really need berries at Thanksgiving because they food—CO2 makes plants grow better, it jobs. It will raise electricity rates by 90 caused cancer. I remember when Pro- does not harm human beings. And if percent above inflation, incur $33,000 fessor Meryl Streep warned us of alar- our job is just to try to reduce the worth of additional Federal debt for causing cancer, which just about ru- amount of CO2 in the world, we will ac- every man, woman and child in Amer- ined the apple industry for 2 years. tually be doing a grave disservice be- ica. And it will help the Chinese and That also was wrong. cause we won’t be concentrating on the other people steal our businesses from We heard about cyclamates causing pollution, like NO2 and other things us. And this is only step one. cancer, which cost the industry billions that are very harmful, the particulates And even with this monstrous cost, of dollars and disrupted very healthy out of diesel trucks that are particu- little progress is expected. Here’s back patterns of nutrition that could have larly—again, no pun intended—but par- to the central point most Republicans been based on cyclamates rather than ticular particulates that are very want to make: That that cost isn’t high fructose corn syrup. That, too, harmful to people. I have three chil- worth what we’re going to get out of it. was wrong. dren. I have my baby Anika and Tris- Well, no, there won’t be any change in We remember the nuclear power ca- tan and Christian. I love those babies, the temperature, and little change in tastrophe at Three Mile Island, when and I do not want them to breathe in the amount of CO in the atmosphere. Dr. Jane Fonda, that Ph.D. genius, 2 dirty air. And if we focus on CO2, we And CO isn’t harmful to people or this taught us that nuclear power was so 2 are doing a disservice to them and world. dangerous, that what we have done in- their generation and we are doing a The real calamity brought on by stead of using nuclear power, we began disservice to the older people of this global warming will be the economy- relying on overseas oil and gas and country who will also breathe in the killing taxes and regulations that are burning coal. Then remember the acid dirty air. And focusing on CO2 to save put in place to solve a nonexistent rain? That was as near a high pitch as the planet. That’s because what’s hap- problem. That economic decline that what we hear about global warming. pening here is these people are out to we’re talking about is just Round one, Ronald Reagan stood up, put his hand save the planet, but they are not out to however. Round two is easy to predict. up and said, no, we are going to have save the people of the planet. scientific research on this acid rain I remember one solution to a non- issue before we commit to all sorts of existent threat, which also caused a b 2350 regulations and taxes that will destroy huge destruction of people, was, of Global and international bodies and our economy. Luckily, Reagan did course, the eliminating of DDT. Now, our own government and our own Con- that, and when a $500 million study was DDT, we were told, was destructive to gress will be given the right and power complete, it verified the fact that acid the environment, especially to bird egg to intervene in our lives to prevent rain was a minimal problem, not a shells. Well, then, DDT is banned. And manmade global warming. That’s what major problem, a minimal problem what is the result of DDT being it’s all about, globalism. If man makes that didn’t justify any of the draconian banned? Malaria out of control in it, man must then be controlled. That’s raises in taxes and controls that were Third World countries where before it why it was so important for them to

VerDate Nov 24 2008 05:08 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00103 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.178 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6412 CONGRESSIONAL RECORD — HOUSE June 9, 2009 steamroll over anybody who is in oppo- If you aren’t frightened by this, you Wake up, America. We need to save sition and wanted to ask some ques- should be. We have a fanatical move- our country and future generations and tions. They want nobody to ask ques- ment of steely-eyed zealots who cannot we need to save the world from this in- tions about their theory about man- admit they made a mistake, who al- credible power grab, the greatest power made global warming because they be- ways attack the other person rather grab and worst power grab in history. lieve men and women, people, need to than trying to have honest discussions be controlled. That is part of their the- of issues. Couple that with self-serving f interests, and there are many self-serv- ory of government. It will make it a SPECIAL ORDERS GRANTED whole new, more benevolent world. Un- ing interests who are involved in this. fortunately, a lot of the government They now have joined in a political co- By unanimous consent, permission to they are talking about is not the alition that believes they have the address the House, following the legis- American Government. We are talking right to run the economy, run business, lative program and any special orders about international mandates from run local schools, and run our lives. heretofore entered, was granted to: unelected bodies that we will then pass They have been looking for an excuse (The following Members (at the re- on power and authority to, which is to assume power. quest of Ms. LORETTA SANCHEZ of Cali- supported by many of the people right Now, the left has always wanted to fornia) to revise and extend their re- here in this Congress. have power. Leftists have always want- marks and include extraneous mate- For example, in the future, we are ed it. They believe that they can do rial:) going to face all kinds of mandates and better and make humankind over and Ms. WOOLSEY, for 5 minutes, today. controls from the Federal Government make it a better world by having abso- Ms. RICHARDSON, for 5 minutes, and the internationalcy. Some of these lute power over the choices of the peo- today. would be, for example, mandated in- ple who live in this world. Well, they Ms. KAPTUR, for 5 minutes, today. creases in parking fees. Do they tell have found a calamity. They can Ms. ZOE LOFGREN of California, for 5 you that now? All your local commu- threaten the people of the world with a minutes, today. nities are going to have to raise your calamity in order to stampede them (The following Members (at the re- parking fees. And there will be major into a monstrously horrific policy, and quest of Mr. POE of Texas) to revise and impediments to the private use of auto- that’s what we are on the edge of here extend their remarks and include ex- mobiles. And then, of course, they’ve in Washington. traneous material:) In this last 8 months here in Wash- got to end frequent flyer miles and Mr. POE of Texas, for 5 minutes, June ington, hundreds of billions, even tril- they’ve got to end discount air travel 16. lions of dollars have been shoveled into because, believe it or not, and nobody Mr. JONES, for 5 minutes, June 16. the coffers, and no one knows where has ever been telling you this, they be- Mr. MORAN of Kansas, for 5 minutes, the heck this money has gone to. There lieve that airplanes are the biggest CO June 16. 2 have been looters from all over the footprint of all. That’s right. Your fre- Mr. OLSON, for 5 minutes, today. world in our financial system and ev- quent flyer miles and your discount Mr. MCCLINTOCK, for 5 minutes, June eryone who has benefited from that. 10. tickets have got to go. Of course, the The American people know that this Mr. BISHOP of Utah, for 5 minutes, elite will be able to fly around in their Congress was stampeded into giving June 10. private planes giving a donation by away trillions of dollars because we supposedly planting trees somewhere were told there was going to be an eco- f and thus they can fly in their private nomic calamity. I’m very proud I never planes. But the rest of us cannot go to succumbed to that hysteria that was SENATE BILL REFERRED see our sick relatives on a discounted perhaps the greatest rip-off in history. A bill of the Senate of the following ticket. No one has heard about this. Well, the global warming stampede is title was taken from the Speaker’s Nobody has heard about these types of designed to cover up the biggest power table and, under the rule, referred as controls that are going to be mandated grab in history, and it too will be cost- follows: on our own people by the United Na- ly. S. 256. An act to enhance the ability to tions perhaps. What has been the pur- Wake up, America. Wake up, Amer- view of local government will be trans- combat methamphetamine; to the Com- ica. We should not be giving our power mittee on Energy and Commerce; in addi- ferred to much higher authorities. and our liberty, not to the central gov- tion, to the Committee on the Judiciary for Local government will be required to ernment in Washington, D.C., certainly a period to be subsequently determined by follow international guidelines, cli- not to the United Nations, which is the Speaker, in each case for consideration mate guidelines, when it comes to composed of countries who are gov- of such provisions as fall within the jurisdic- building, zoning, even local planning. erned by crooks and kooks. And the tion of the committee concerned. This is part of our liberty. Where we United Nations having power to set f live, what we eat, how we run our lives, regulations over our lives in the name this is what is at stake. It’s called lib- of saving this world from a climate ca- BILLS PRESENTED TO THE erty. This is a fight between the tastrophe would itself be a catastrophe PRESIDENT globalists, who found a vehicle to try to the freedom of liberty and justice in Lorraine C. Miller, Clerk of the to gain power and grab power, and this country and to the freedom-loving those people who do believe in liberty House reports that on June 9, 2009 she people of the world. presented to the President of the and justice. We call them patriots. We Well, even Al Gore must be a bit em- United States, for his approval, the fol- call them people around the world who barrassed now that he has to use the lowing bills. do believe in these Western values of words ‘‘climate change’’ rather than dignity for the individual and freedom ‘‘global warming.’’ It’s an inconvenient H.R. 1595. To designate the facility of the and justice. truth for him. The fact is it’s no longer United States Postal Service located at 3245 Yes, even our diet has been targeted Latta Road in Rochester, New York, as the warming. He must think that we are ‘‘Brian K. Schramm Post Office Building’’. by those claiming that animal flatu- stupid if he thinks that we have not H.R. 1284. To designate the facility of the lence and deforestation make meat the noticed that it’s now ‘‘climate change’’ United States Postal Service located at 103 enemy of climate. We aren’t even going instead of ‘‘global warming’’ and that West Main Street in McLain, Mississippi, as to be able to have barbecues in our we haven’t noticed that there are large the ‘‘Major Ed W. Freeman Post Office’’. backyard, much less have hamburgers. numbers of scientists that are opposing H.R. 663. To designate the facility of the Now, these are one of those things that what is being proposed. And he must United States Postal Service located at 12877 people will laugh that no one could think we are stupid if he thinks that Broad Street in Sparta, Georgia, as the ever go that far. What is going on here ‘‘Yvonne Ingram-Ephraim Post Office Build- these taxes and regulations and draco- ing’’. is laying the foundation for extensive nian laws that are being proposed are H.R. 918. To designate the facility of the controls that now are up to the indi- things that we will just accept because United States Postal Service located at 300 vidual or up to the local government we have been frightened into submis- East 3rd Street in Jamestown, New York, as being given to a central government. sion. the ‘‘Stan Lundine Post Office Building’’.

VerDate Nov 24 2008 06:00 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00104 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.180 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6413 ADJOURNMENT HQ-OAR-2003-0062; FRL-8910-6] (RIN: 2060- By Ms. DEGETTE (for herself, Mr. HIN- AN86) received May 27, 2009, pursuant to 5 CHEY, and Mr. POLIS of Colorado): Mr. ROHRABACHER. Madam Speak- U.S.C. 801(a)(1)(A); to the Committee on En- H.R. 2766. A bill to repeal the exemption er, I move that the House do now ad- ergy and Commerce. for hydraulic fracturing in the Safe Drinking journ. 2086. A letter from the Director, Regu- Water Act, and for other purposes; to the The motion was agreed to; accord- latory Management Division, Environmental Committee on Energy and Commerce. ingly (at 11 o’clock and 57 minutes Protection Agency, transmitting the Agen- By Mr. GRAVES: p.m.), the House adjourned until to- cy’s final rule — Update of Continuous In- H.R. 2767. A bill to amend the Small Busi- morrow, Wednesday, June 10, 2009, at 10 strumental Test Methods; Correction [EPA- ness Act to extend and improve the Small Business Innovation Research Program and a.m. HQ-OAR-2002-0071; FRL-8910-5] (RIN: 2060- AP13) received May 27, 2009, pursuant to 5 the Small Business Technology Transfer f U.S.C. 801(a)(1)(A); to the Committee on En- Program, and for other purposes; to the EXECUTIVE COMMUNICATIONS, ergy and Commerce. Committee on Small Business, and in addi- 2087. A letter from the Chief of Staff, Media tion to the Committee on Science and Tech- ETC. Bureau, Federal Communications Commis- nology, for a period to be subsequently deter- Under clause 2 of Rule XXIV, execu- sion, transmitting the Commission’s final mined by the Speaker, in each case for con- tive communications were taken from rule — In the Matter of Amendment of Sec- sideration of such provisions as fall within the Speaker’s table and referred as fol- tion 73.622(i), FinalDTV Table of Allotments, the jurisdiction of the committee concerned. lows: Television Broadcast Stations (Derby, Kan- By Mr. WAMP: sas) [MB Docket No.: 09-33 RN-11521] received H.R. 2768. A bill to declare nuclear energy 2078. A letter from the Congressional Re- May 18, 2009, pursuant to 5 U.S.C. to be clean energy, for purposes of Federal view Coordinator, Department of Agri- 801(a)(1)(A); to the Committee on Energy and law; to the Committee on Energy and Com- culture, transmitting the Department’s final Commerce. merce. rule — Importation of Longan From Taiwan 2088. A letter from the Acting Assoc. Gen. By Mr. BRIGHT: [Docket No.: APHIS-2007-0161] (RIN: 0579- Counsel for General Law, Department of H.R. 2769. A bill to amend the Small Busi- AC89) received May 20, 2009, pursuant to 5 Homeland Security, National Protection and ness Act to promote the commercialization U.S.C. 801(a)(1)(A); to the Committee on Ag- Programs Directorate, transmitting a report of certain small business research and devel- riculture. pursuant to the Federal Vacancies Reform opment projects, and for other purposes; to 2079. A letter from the Director, Regu- Act of 1998; to the Committee on Oversight the Committee on Small Business, and in ad- latory Management Division, Environmental and Government Reform. dition to the Committee on Science and Protection Agency, transmitting the Agen- 2089. A letter from the Staff Director, Technology, for a period to be subsequently cy’s final rule — Etoxazole; Pesticide Toler- United States Commission On Civil Rights, determined by the Speaker, in each case for ances [EPA-HQ-OPP-2008-0554; FRL-8413-5] transmitting notification that the Commis- consideration of such provisions as fall with- received May 27, 2009, pursuant to 5 U.S.C. sion recently appointed members to the Con- in the jurisdiction of the committee con- 801(a)(1)(A); to the Committee on Agri- necticut Advisory Committee, pursuant to 41 cerned. culture. CFR 102-3.70; to the Committee on the Judi- By Mr. FILNER (for himself and Mr. 2080. A letter from the Director, Regu- ciary. BUYER): latory Management Division, Environmental 2090. A letter from the Acting Chairman, H.R. 2770. A bill to amend title 38, United Protection Agency, transmitting the Agen- Department of Transportation, transmitting States Code, to modify and update provisions cy’s final rule — Exemptions from the Re- the Department’s final rule — REGULA- of law relating to nonprofit research and quirement of a Tolerance; Technical Amend- TIONS GOVERNING FEES FOR SERVICES education corporations, and for other pur- ments [EPA-HQ-OPP-2008-0923; FRL-8417-9] PERFORMED IN CONNECTION WITH LI- poses; to the Committee on Veterans’ Af- received May 27, 2009, pursuant to 5 U.S.C. CENSING AND RELATED SERVICES-2009 fairs. 801(a)(1)(A); to the Committee on Agri- UPDATE [STB Ex Parte No. 542 (Sub-No. 16)] By Ms. SHEA-PORTER (for herself, Ms. culture. received May 29, 2009, pursuant to 5 U.S.C. MOORE of Wisconsin, Mr. MASSA, and 2081. A letter from the Acting Secretary, 801(a)(1)(A); to the Committee on Transpor- Mr. BISHOP of Utah): Department of Health and Human Services, tation and Infrastructure. H.R. 2771. A bill to amend titles 10 and 37, transmitting the Department’s fiscal year f United States Code, to provide a more equi- 2008 Performance Report for the Animal table process by which the military depart- Drug User Fee Act, enacted on November 18, REPORTS OF COMMITTEES ON ments may recover overpayments of mili- 2003 (Pub. L. 108-130); to the Committee on PUBLIC BILLS AND RESOLUTIONS tary pay and allowances erroneously paid to Energy and Commerce. Under clause 2 of rule XIII, reports of a member of the Armed Forces when the 2082. A letter from the Director, Regula- overpayment is due to no fault of the mem- tions Policy and Mgmt. Staff, Department of committees were delivered to the Clerk ber, to expand Department discretion regard- Health and Human Services, transmitting for printing and reference to the proper ing remission or cancellation of indebted- the Department’s final rule — Revision of calendar, as follows: ness, and for other purposes; to the Com- the Requirements for Publication of License Mr. HASTINGS of Florida. Committee on mittee on Armed Services. Revocation [Docket No.: FDA-2009-N-0100] re- Rules. House Resolution 522. Resolution pro- By Mr. SCHOCK: ceived May 29, 2009, pursuant to 5 U.S.C. viding for consideration of the bill (H.R. 1886) H.R. 2772. A bill to amend the Small Busi- 801(a)(1)(A); to the Committee on Energy and to authorize democratic, economic, and so- ness Act to enhance the Small Business In- Commerce. cial development assistance for Pakistan, to novation Research Program and the Small 2083. A letter from the Director, Regu- authorize security assistance for Pakistan, Business Technology Transfer Program, and latory Management Division, Environmental and for other purposes, and providing for for other purposes; to the Committee on Protection Agency, transmitting the Agen- consideration of the bill (H.R. 2410) to au- Small Business, and in addition to the Com- cy’s final rule — Approval and Promulgation thorize appropriations for the Department of mittee on Science and Technology, for a pe- of Air Quality Implementation Plans: South State and the Peace Corps for fiscal years riod to be subsequently determined by the Carolina; Approval of Section 110(a)(1) Main- 2010 and 2011, to modernize the Foreign Serv- Speaker, in each case for consideration of tenance Plan for the 1997 8-hour ozone stand- ice, and for other purposes. (Rept. 111–143). such provisions as fall within the jurisdic- ard for Cherokee County [EPA-R04-OAR-2008- Referred to the House Calendar. tion of the committee concerned. 0797-200824(a); FRL-8911-5] received May 27, f By Mr. BLUMENAUER (for himself, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. BOUSTANY, Mrs. CAPPS, and Mr. Committee on Energy and Commerce. PUBLIC BILLS AND RESOLUTIONS MASSA): 2084. A letter from the Director, Regu- Under clause 2 of rule XII, public H.R. 2773. A bill to amend title XVIII of the latory Management Division, Environmental bills and resolutions of the following Social Security Act to cover transitional Protection Agency, transmitting the Agen- care services to improve the quality and cost cy’s final rule — Approval and Promulgation titles were introduced and severally re- effectiveness of care under the Medicare Pro- of Implementation Plans; Florida; Removal ferred, as follows: gram; to the Committee on Energy and Com- of Gasoline Vapor Recovery from the South- By Mr. COHEN (for himself, Mr. ISSA, merce, and in addition to the Committee on east Florida Area. [EPA-R04-OAR-2007-0836- Mr. CONYERS, Mr. NADLER of New Ways and Means, for a period to be subse- 200739(f); FRL-8911-6] received May 27, 2009, York, Mr. FRANKS of Arizona, Ms. quently determined by the Speaker, in each pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ZOE LOFGREN of California, Mr. case for consideration of such provisions as mittee on Energy and Commerce. COBLE, and Mr. POE of Texas): fall within the jurisdiction of the committee 2085. A letter from the Director, Regu- H.R. 2765. A bill to amend title 28, United concerned. latory Management Division, Environmental States Code, to prohibit recognition and en- By Mrs. HALVORSON: Protection Agency, transmitting the Agen- forcement of foreign defamation judgments H.R. 2774. A bill to amend title 38, United cy’s final rule — Implementation of the New and certain foreign judgments against the States Code, to make permanent the exten- Source Review Program for Particulate Mat- providers of interactive computer services; sion of the duration of Servicemembers’ ter Less Than 2.5 Micrometers (PM2.5) [EPA- to the Committee on the Judiciary. Group Life Insurance coverage for totally

VerDate Nov 24 2008 05:08 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00105 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.182 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6414 CONGRESSIONAL RECORD — HOUSE June 9, 2009

disabled veterans; to the Committee on Vet- Mr. HOLDEN, Mr. SPACE, Mr. WELCH, dustry plays in the American economy and erans’ Affairs. Mr. MINNICK, Mr. KANJORSKI, Mr. requesting that the United States Congress By Mr. HIGGINS (for himself, Mr. HIN- SHULER, Mr. BOUCHER, Mr. MICHAUD, support legislative efforts to invest in the CHEY, Mr. MCGOVERN, Mr. JACKSON of Mr. ORTIZ, Mr. BOSWELL, Mrs. KIRK- manufacturing sector, including the domes- Illinois, and Ms. MCCOLLUM): PATRICK of Arizona, Mr. THOMPSON of tic auto industry; and for other purposes; to H.R. 2775. A bill to prohibit, as a banned Pennsylvania, Mr. CUELLAR, and Mr. the Committee on Energy and Commerce. hazardous substance, certain household dish- HINOJOSA): 68. Also, a memorial of the State General washing detergent containing phosphorus; to H.R. 2782. A bill to amend title 23, United Assembly of Rhode Island, relative to H. 6026 the Committee on Energy and Commerce. States Code, to incorporate regional trans- URGING THE UNITED STATES CONGRESS By Mr. HINOJOSA (for himself, Mr. portation planning organizations into state- TO SUPPORT FEDERAL LEGISLATION TO WAXMAN, Mr. EHLERS, Ms. wide transportation planning, and for other PROTECT AMERICAN HORSES FROM SCHAKOWSKY, Mr. ORTIZ, and Mr. purposes; to the Committee on Transpor- SLAUGHTER FOR HUMAN CONSUMPTION; SESTAK): tation and Infrastructure. to the Committee on the Judiciary. H.R. 2776. A bill to amend the Family and By Mr. WEINER: 69. Also, a memorial of the State Senate Medical Leave Act of 1993 and title 5, United H.R. 2783. A bill to amend part D of title IV and House of Representatives of Washington, States Code, to allow leave for individuals of the Social Security Act to repeal a fee im- relative to HOUSE JOINT MEMORIAL 4000 who provide living organ donations; to the posed by States on certain child support col- respectfully praying that the United States Committee on Education and Labor, and in lections; to the Committee on Ways and Congress pass H.R. 5968, the Restoring Part- addition to the Committees on Oversight and Means. nership for County Health Care Costs Act of Government Reform, and House Administra- By Mr. CONYERS (for himself, Mr. 2008; jointly to the Committees on Energy tion, for a period to be subsequently deter- SMITH of Texas, Mr. SCHIFF, Mr. and Commerce and Ways and Means. mined by the Speaker, in each case for con- GOODLATTE, Ms. JACKSON-LEE of 70. Also, a memorial of the State Senate sideration of such provisions as fall within Texas, Mr. SENSENBRENNER, Mr. and House of Representatives of Washington, the jurisdiction of the committee concerned. DELAHUNT, Mr. DANIEL E. LUNGREN of relative to SENATE JOINT MEMORIAL 8013 By Mr. HOLT (for himself, Mr. CON- California, Mr. COHEN, Mr. FORBES, respectfully urging the United States Con- YERS, Mr. COHEN, Mr. FRANK of Mas- Mr. JOHNSON of Georgia, Mr. gress to enact legislation to eliminate the 24 sachusetts, Mr. GRIJALVA, Mr. JOHN- GOHMERT, Mr. PIERLUISI, and Mr. month Medicare waiting period for partici- SON of Georgia, Mr. CUMMINGS, Mr. GONZALEZ): pants in Social Security Disability Insur- HIGGINS, Mr. WELCH, Mr. ELLISON, H. Res. 520. A resolution impeaching Sam- ance; jointly to the Committees on Energy Ms. BORDALLO, Mr. MEEKS of New uel B. Kent, judge of the United States Dis- and Commerce and Ways and Means. York, Ms. SCHAKOWSKY, Ms. WOOL- trict Court for the Southern District of f SEY, Mr. HINCHEY, Mr. RYAN of Ohio, Texas, for high crimes and misdemeanors; to Ms. HIRONO, Mr. OLVER, and Mr. the Committee on the Judiciary. ADDITIONAL SPONSORS QUIGLEY): By Mr. DENT (for himself, Ms. ROS- H.R. 2777. A bill to include costs incurred LEHTINEN, Mr. BURTON of Indiana, Under clause 7 of rule XII, sponsors by the Indian Health Service, a federally Ms. NORTON, Ms. CLARKE, Mr. CAO, were added to public bills and resolu- qualified health center, an AIDS drug assist- Mr. RUPPERSBERGER, Mrs. MALONEY, tions as follows: ance program, certain hospitals, or a phar- Mr. CHAFFETZ, Mr. GERLACH, Mr. maceutical manufacturer patient assistance H.R. 22: Mr. REYES, Mr. PAULSEN, and Mrs. MORAN of Virginia, Mr. SESTAK, Mr. MCMORRIS RODGERS. program in providing prescription drugs to- SKELTON, Mr. PIERLUISI, Mr. ward the annual out of pocket threshold H.R. 28: Mrs. MYRICK. MCHENRY, Mr. WESTMORELAND, Mr. H.R. 43: Ms. HERSETH SANDLIN, Mr. SNYDER, under part D of title XVIII of the Social Se- EHLERS, Mr. PETRI, Mr. MEEKS of curity Act and to provide a safe harbor for Mr. LUETKEMEYER, and Mr. RYAN of Ohio. New York, Mr. GONZALEZ, Mr. H.R. 162: Mr. MCCOTTER. assistance provided under a pharmaceutical THOMPSON of Pennsylvania, Mr. manufacturer patient assistance program; to H.R. 197: Mr. MATHESON, Mr. COFFMAN of HONDA, Mr. SERRANO, and Mr. KAN- Colorado, and Mr. RADANOVICH. the Committee on Energy and Commerce, JORSKI): and in addition to the Committee on Ways H.R. 205: Mr. HOEKSTRA. H. Res. 521. A resolution expressing the H.R. 333: Ms. WOOLSEY and Mr. SCOTT of and Means, for a period to be subsequently sense of the House of Representatives with determined by the Speaker, in each case for Virginia. respect to the importance of having a census H.R. 393: Mr. MANZULLO. consideration of such provisions as fall with- that is complete and accurate; to the Com- in the jurisdiction of the committee con- H.R. 403: Mr. MEEK of Florida, Mr. SABLAN, mittee on Oversight and Government Re- Ms. LEE of California, and Ms. HIRONO. cerned. form. By Mr. JACKSON of Illinois (for him- H.R. 413: Mr. WELCH, Mr. HUNTER, Mr. By Mr. ROONEY (for himself, Mr. MOORE of Kansas, Mrs. CAPITO, Mr. HEINRICH, self and Mr. CUMMINGS): BRADY of Texas, Mr. DOGGETT, Mr. H.R. 2778. A bill to amend the Public Mr. ROSKAM, and Mr. DAVIS of Alabama. KINGSTON, and Mr. PAUL): Health Service Act to redesignate the Na- H R. 426: Mr. DOYLE. H. Res. 523. A resolution congratulating tional Center on Minority Health and Health H.R. 433: Mr. THORNBERRY. the Lambda Chi Alpha Fraternity on the oc- Disparities as the National Institute for Mi- H.R. 442: Mr. BOEHNER, Mr. WESTMORELAND, casion of its 100th Anniversary; to the Com- nority Health and Health Disparities, and for Mr. COFFMAN of Colorado, Mr. PENCE, and mittee on Education and Labor. other purposes; to the Committee on Energy Mr. POE of Texas. By Ms. TITUS (for herself, Mr. PLATTS, and Commerce. H.R. 484: Mr. TERRY, Ms. BERKLEY, and Mr. Ms. BERKLEY, Mr. BISHOP of Georgia, By Mr. NEAL of Massachusetts (for RODRIGUEZ. Mr. BURGESS, Mrs. CAPPS, Ms. ED- himself, Mr. POMEROY, Mr. LARSON of H.R. 503: Mr. BARRETT of South Carolina. WARDS of Maryland, Mr. EHLERS, Mr. Connecticut, Mr. CROWLEY, and Ms. H.R. 571: Mr. CAPUANO and Mr. ROHR- FATTAH, Mr. GRAYSON, Mr. GRIJALVA, SCHWARTZ): ABACHER. Mr. HINOJOSA, Ms. HIRONO, Mr. H.R. 2779. A bill to amend the Internal Rev- H.R. 653: Mr. MASSA. LATOURETTE, Ms. LEE of California, enue Code of 1986 to provide transparency H.R. 658: Mr. ALTMIRE. Mr. LEWIS of Georgia, Mr. KENNEDY, with respect to fees and expenses charged to H.R. 676: Mr. SERRANO. Mrs. LUMMIS, Mr. MCGOVERN, Mrs. participant-directed defined contribution H.R. 678: Ms. ROYBAL-ALLARD. MCCARTHY of New York, Mr. MOORE plans, and to improve participant commu- H.R. 745: Mr. HIMES and Ms. KOSMAS. of Kansas, Mr. PASCRELL, Mr. PITTS, nication; to the Committee on Ways and H.R. 816: Mr. ELLISON, Mr. BERMAN, and Mr. PRICE of North Carolina, Mr. Means. Mr. GENE GREEN of Texas. RODRIGUEZ, Mr. SESTAK, Mr. By Mr. ROONEY: H.R. 840: Mr. DELAHUNT. H.R. 2780. A bill to correct and simplify the YARMUTH, and Mr. YOUNG of Alaska): H.R. 878: Mr. CHAFFETZ. drafting of section 1752 (relating to re- H. Res. 524. A resolution recognizing and H.R. 930: Mr. MILLER of North Carolina. stricted buildings or grounds) of title 18, supporting the National Day on Writing; to H.R. 952: Mr. STUPAK, Ms. MOORE of Wis- United States Code; to the Committee on the the Committee on Education and Labor. consin, and Mr. REYES. Judiciary. f H.R. 997: Mr. ADERHOLT. By Mr. SCHRADER: H.R. 1016: Mr. SNYDER, Mr. PERRIELLO, and H.R. 2781. A bill to amend the Wild and MEMORIALS Ms. CORRINE BROWN of Florida. Scenic Rivers Act to designate segments of Under clause 4 of Rule XXII, memo- H.R. 1021: Ms. KOSMAS. the Molalla River in Oregon, as components H.R. 1064: Mr. MOORE of Kansas, Mr. BACA, of the National Wild and Scenic Rivers Sys- rials were presented and referred as fol- Mr. PRICE of North Carolina, and Mr. WELCH. tem, and for other purposes; to the Com- lows: H.R. 1067: Mr. WITTMAN. mittee on Natural Resources. 67. The SPEAKER presented a memorial of H.R. 1074: Mr. POE of Texas, Mr. COFFMAN By Mr. WALZ (for himself, Mr. CARNEY, the State House of Representatives of Geor- of Colorado, and Mr. WESTMORELAND. Mr. MCINTYRE, Mr. THOMPSON of Mis- gia, relative to House Resolution 477 Recog- H.R. 1080: Ms. ESHOO and Mr. SESTAK. sissippi, Mr. PERRIELLO, Mr. ROSS, nizing the vital role the manufacturing in- H.R. 1082: Mr. MCGOVERN.

VerDate Nov 24 2008 05:08 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00106 Fmt 7634 Sfmt 0634 E:\CR\FM\L09JN7.100 H09JNPT1 smartinez on PROD1PC64 with HOUSE June 9, 2009 CONGRESSIONAL RECORD — HOUSE H6415

H.R. 1103: Mr. HERGER and Mr. WITTMAN. H.R. 1751: Mr. SCHIFF. H.R. 2403: Mr. BOUCHER. H.R. 1115: Mr. TERRY. H.R. 1799: Mr. PETERSON. H.R. 2404: Mr. STARK. H.R. 1142: Mr. RAHALL. H.R. 1826: Mr. FOSTER and Mr. DOGGETT. H.R. 2414: Mr. WELCH, Mr. LATOURETTE, H.R. 1144: Mr. HOLT. H.R. 1894: Mr. REHBERG and Ms. DELAURO. and Mr. GEORGE MILLER of California. H.R. 1146: Mr. SAM JOHNSON of Texas. H.R. 1898: Mr. WU and Ms. MCCOLLUM. H.R. 2421: Ms. BERKLEY, Mr. HOLT, Mr. ING- H.R. 1158: Mr. ROSS. H.R. 1912: Mr. HEINRICH. LIS, Ms. KOSMAS, Mr. LANGEVIN, Mr. LATHAM, H.R. 1193: Mrs. NAPOLITANO and Mrs. H.R. 1924: Mr. LUJA´ N. Mr. LOEBSACK, Mrs. LUMMIS, Ms. MATSUI, Mr. CAPPS. H.R. 1925: Mr. BRADY of Pennsylvania, Ms. PERRIELLO, Mr. POE of Texas, Mr. ROE of H.R. 1203: Mr. RYAN of Ohio, Mr. DOYLE, BERKLEY, Mr. COHEN, Ms. WOOLSEY, Mr. Tennessee, Mr. SABLAN, Mr. SCHAUER, Mr. Mr. NYE, Mr. WELCH, and Mr. CONAWAY. RYAN of Ohio, Mr. QUIGLEY, Ms. SPEIER, and SENSENBRENNER, Ms. TITUS, Mr. VAN HOLLEN, H.R. 1204: Mr. NEUGEBAUER. Ms. TSONGAS. Mr. NEUGEBAUER, Mr. BACHUS, Mr. EHLERS, H.R. 1207: Mr. PASCRELL, Mr. BOSWELL, Mr. H.R. 1944: Ms. SCHWARTZ. Mr. MCHENRY, Mr. MILLER of Florida, Mr. BONNER, Mr. TONKO, Mr. MITCHELL, Mr. H.R. 1956: Mr. PASTOR of Arizona. FORBES, Mr. WALDEN, Mr. CRENSHAW, Mr. JOHNSON of Georgia, Ms. SHEA-PORTER, Mr. H.R. 1963: Mr. STARK. SIMPSON, Mr. OLSON, Mr. CULBERSON, Ms. CARNEY, Mr. CHILDERS, and Mr. PATRICK J. H.R. 1977: Ms. KOSMAS and Mr. PUTNAM. GINNY BROWN-WAITE of Florida, Mr. MURPHY of Pennsylvania. H.R. 1984: Mr. HONDA. BOEHNER, Mr. DONNELLY of Indiana, Mr. CAN- H.R. 1221: Mr. OLSON. H.R. 1989: Mr. HINOJOSA. TOR, Mr. DAVIS of Kentucky, and Mr. SMITH H.R. 1229: Mr. HELLER. H.R. 1993: Mr. HIMES. of Nebraska. H.R. 1255: Ms. TSONGAS. H.R. 2001: Mr. SESTAK. H.R. 2452: Mr. PAUL, Mr. SCHOCK, Mr. H.R. 1283: Mr. KLEIN of Florida, Mr. H.R. 2004: Mr. DINGELL, Mr. CAMP, Mr. CON- MARIO DIAZ-BALART of Florida, and Mr. MCMAHON, and Mr. YARMUTH. YERS, Mr. EHLERS, Mr. HOEKSTRA, Ms. KIL- BOCCIERI. H.R. 1308: Mr. DELAHUNT. PATRICK of Michigan, Mr. LEVIN, Mr. H.R. 2478: Mrs. DAVIS of California and Ms. H.R. 1310: Mr. HARE. MCCOTTER, Mrs. MILLER of Michigan, Mr. PE- EDDIE BERNICE JOHNSON of Texas. H.R. 1327: Mr. LATTA and Mr. COFFMAN of TERS, Mr. ROGERS of Michigan, Mr. SCHAUER, H.R. 2497: Mr. RODRIGUEZ. Colorado. Mr. STUPAK, and Mr. UPTON. H.R. 2499: Mr. SPRATT, Mr. PERLMUTTER, H.R. 1346: Mrs. LOWEY. H.R. 2006: Mr. CROWLEY and Mr. DELAHUNT. Mr. MCDERMOTT, Ms. FALLIN, and Mrs. MIL- H.R. 1362: Mr. INSLEE, Ms. WASSERMAN H.R. 2014: Ms. JENKINS and Mr. WALDEN. LER of Michigan. SCHULTZ, Mr. SNYDER, and Mr. REHBERG. H.R. 2017: Ms. MARKEY of Colorado, Mr. H.R. 2502: Mr. HOLT and Mr. MEEK of Flor- H.R. 1392: Mr. ALTMIRE. FRANK of Massachusetts, and Mrs. DAVIS of ida. H.R. 1398: Mr. MELANCON, Mrs. BIGGERT, California. H.R. 2520: Mr. MCCLINTOCK. Mr. MILLER of North Carolina, Mr. FLEMING, H.R. 2035: Mr. OLSON. H.R. 2525: Mr. LOEBSACK. and Ms. HERSETH SANDLIN. H.R. 2058: Ms. GINNY BROWN-WAITE of Flor- H.R. 2553: Mr. ROONEY. H.R. 1405: Mr. SESTAK and Mr. GRIJALVA. ida and Mr. LATHAM. H.R. 2555: Ms. GIFFORDS, Mr. HILL, Mr. H.R. 1425: Mr. FARR. H.R. 2060: Mr. BLUMENAUER. SIRES, Mr. CONYERS, Mr. COHEN, and Ms. H.R. 1428: Mr. NYE, Mr. ROONEY, Mr. H.R. 2072: Mr. MANZULLO. DEGETTE. CONNOLLY of Virginia, Mr. CARTER, and Mr. H.R. 2076: Mr. SABLAN and Mr. MORAN of H.R. 2560: Mr. CONNOLLY of Virginia. WOLF. Virginia. H.R. 2561: Mr. JOHNSON of Illinois, Ms. ROS- H.R. 1441: Mr. GALLEGLY. H.R. 2084: Ms. EDDIE BERNICE JOHNSON of LEHTINEN, Mr. SESTAK, and Mr. PAULSEN. H.R. 1452: Mr. BOSWELL. Texas. H.R. 2562: Mr. ALTMIRE, Mr. ROONEY, Mr. H.R. 1454: Mrs. BACHMANN. H.R. 2097: Mr. ADERHOLT, Mr. ROHR- ABERCROMBIE, and Mr. GALLEGLY. H.R. 1505: Mr. DRIEHAUS, Ms. SHEA-PORTER, ABACHER, Mrs. MALONEY, and Mr. MASSA. H.R. 2568: Mr. RUSH. Mr. LOEBSACK, and Mr. KUCINICH. H.R. 2109: Mr. LATHAM, Mr. KENNEDY, Mr. H.R. 2584: Ms. JENKINS. H.R. 1508: Mr. BOUCHER. BOSWELL, Mr. CUMMINGS, and Mr. ADLER of H.R. 2593: Mr. SARBANES, Mr. ETHERIDGE, H.R. 1509: Mr. TONKO and Mrs. KIRKPATRICK New Jersey. Mr. MORAN of Kansas, Mr. WITTMAN, Mr. of Arizona. H.R. 2116: Mr. FATTAH. WESTMORELAND, Mr. SMITH of Washington, H.R. 1520: Mr. STARK. H.R. 2123: Mr. COHEN, Mr. MILLER of North Mr. BISHOP of New York, and Mr. FORBES. H.R. 1523: Mr. HODES, Ms. DEGETTE, Ms. Carolina, Mr. SESTAK, and Mr PITTS. H.R. 2607: Mr. SOUDER and Mr. MANZULLO. ESHOO, and Mr. DELAHUNT. H.R. 2129: Mr. KAGEN. H.R. 2648: Mr. ABERCROMBIE, Ms. LEE of H.R. 1528: Mr. MORAN of Virginia and Ms. H.R. 2149: Mr. LANGEVIN and Mr. TOWNS. California, Mr. SESTAK, Mr. HALL of Texas, ESHOO. H.R. 2156: Mr. COHEN, Mr. FILNER, Mr. WU, Mr. KAGEN, Mr. LEWIS of California, and Mr. H.R. 1530: Mr. MORAN of Virginia and Ms. and Mr. ROSS. RANGEL. ESHOO. H.R. 2178: Mr. CONYERS and Mr. STARK. H.R. 2662: Mr. BOREN, Mr. HOLT, Mr. H.R. 1531: Mr. MORAN of Virginia, Ms. H.R. 2195: Mrs. LOWEY, Mrs. MILLER of PAULSEN, Mr. PIERLUISI, and Mr. ISRAEL. ESHOO, and Mr. MANZULLO. Michigan, Mr. BRADY of Pennsylvania, and H.R. 2669: Mr. SIRES and Mr. POLIS of Colo- H.R. 1548: Mr. PIERLUISI. Mr. SESTAK. rado. H.R. 1552: Mr. TONKO and Mr. RUSH. H.R. 2196: Mr. PIERLUISI. H.R. 2670: Mr. REHBERG. H.R. 1587: Mr. TERRY. H.R. 2222: Mr. SESTAK. H.R. 2672: Mr. DAVIS of Alabama, Mr. H.R. 1600: Mr. SESSIONS and Mr. JOHNSON of H.R. 2245: Mr. SAM JOHNSON of Texas, Mr. MINNICK, and Mr. MANZULLO. Georgia. MASSA, Mrs. CAPITO, Mr. CALVERT, Mr. H.R. 2681: Mr. POLIS of Colorado. H.R. 1608: Ms. FUDGE, Mr. GRIJALVA, and MCGOVERN, Mr. RUSH, Mr. WEXLER, Mr. AL- H.R. 2743: Ms. KOSMAS, Mr. CLAY, Mr. Mr. JACKSON of Illinois. EXANDER, Mr. BILBRAY, Mr. CONNOLLY of Vir- HARE, Mr. FRANK of Massachusetts, Mr. H.R. 1612: Mr. MCDERMOTT and Mr. MARKEY ginia, Mrs. CHRISTENSEN, Mr. LEWIS of Geor- MCCOTTER, Mr. HOLDEN, Mr. LOEBSACK, Ms. of Massachusetts. gia, Mr. ISRAEL, Mr. ISSA, Mr. HILL, Mr. MCCOLLUM, Mr. CARSON of Indiana, Mr. PAT- H.R. 1616: Mr. PLATTS, Mr. GRIJALVA, and PASCRELL, Mr. QUIGLEY, Mr. PIERLUISI, Ms. RICK J. MURPHY of Pennsylvania, Mr. BISHOP Mr. MCGOVERN. ROS-LEHTINEN, Mr. TANNER, and Mr. THOMP- of New York, Mr. LINCOLN DIAZ-BALART of H.R. 1670: Mr. DENT and Mr. SON of Pennsylvania. Florida, Mr. BOSWELL, Ms. ROS-LEHTINEN, FALEOMAVAEGA. H.R. 2254: Mr. DEFAZIO, Mr. CAO, and Mr. Mrs. MALONEY, Ms. CORRINE BROWN of Flor- H.R. 1685: Mr. SESTAK. WILSON of South Carolina. ida, Mr. SCOTT of Virginia, Mr. CHANDLER, H.R. 1688: Mr. BOCCIERI and Mr. ROGERS of H.R. 2256: Mr. RYAN of Ohio, Mr. BOCCIERI, Mr. WILSON of Ohio, Mr. BRALEY of Iowa, Mr. Kentucky. Mr. ROTHMAN of New Jersey, Mr. GRIJALVA, MASSA, Ms. FUDGE, Mr. MICHAUD, Mr. DOYLE, H.R. 1691: Mr. CAO and Mr. SABLAN. Mr. CHANDLER, Mr. KIND, Mr. KUCINICH, and Mr. WELCH, and Mr. GENE GREEN of Texas. H.R. 1708: Mr. SPACE and Mr. DELAHUNT. Mr. DAVIS of Illinois. H.R. 2750: Mr. LOBIONDO and Mr. GERLACH. H.R. 1724: Mr. TONKO. H.R. 2269: Mr. COHEN. H.R. 2751: Mr. GRIFFITH, Mr. DONNELLY of H.R. 1740: Mr. MORAN of Kansas, Mr. BU- H.R. 2296: Mr. BOCCIERI, Mr. WESTMORE- Indiana, Mr. TURNER, Mrs. CAPPS, Mr. CHANAN, Mr. AKIN, Mr. BARTLETT, Mr. LAND, Mr. MICHAUD, Mr. BOEHNER, Mr. POE of WELCH, Ms. KOSMAS, Mr. MAFFEI, and Ms. BILBRAY, Mr. BILIRAKIS, Mr. BISHOP of Utah, Texas, Mr. MINNICK, Mr. HOLDEN, and Mr. MOORE of Wisconsin. Mr. CAMP, Mr. CARTER, Mr. CASTLE, Mr. CHAFFETZ. H.R. 2760: Mr. BACA, Mr. BECERRA, Mr. BER- COBLE, Mr. COLE, Mr. DAVIS of Kentucky, Mr. H.R. 2304: Mr. COURTNEY. MAN, Mr. BILBRAY, Mrs. BONO MACK, Mr. CAL- EHLERS, Mr. FORBES, Mr. FRANKS of Arizona, H.R. 2324: Mr. PASTOR of Arizona. VERT, Mr. CAMPBELL, Mrs. CAPPS, Mr. Mr. GOHMERT, Mr. GRAVES, Mr. HALL of H.R. 2329: Mr. SESTAK and Mr. ELLSWORTH. CARDOZA, Mr. COSTA, Mrs. DAVIS of Cali- Texas, Mr. HENSARLING, Mr. HERGER, Mr. H.R. 2332: Mr. MEEKS of New York. fornia, Ms. ESHOO, Mr. FARR, Mr. FILNER, Mr. INGLIS, Mr. KLINE of Minnesota, Mrs. H.R. 2339: Mr. BISHOP of New York, Ms. GALLEGLY, Ms. HARMAN, Mr. HONDA, Mr. LUMMIS, Mr. MICA, Mr. MILLER of Florida, DELAURO, and Mr. STARK. ISSA, Ms. RICHARDSON, Ms. LEE of California, Mr. NEUGEBAUER, Mr. PENCE, Mr. RADANO- H.R. 2360: Mr. ARCURI. Mr. LEWIS of California, Ms. ZOE LOFGREN of VICH, Mr. ROGERS of Kentucky, Mr. ROONEY, H.R. 2373: Mr. BISHOP of Utah, Mr. MCGOV- California, Mr. DANIEL E. LUNGREN of Cali- Mr. RYAN of Wisconsin, Mr. SOUDER, Mr. ERN, Mr. DELAHUNT, and Mr. WILSON of South fornia, Ms. MATSUI, Mr. MCCLINTOCK, Mr. THORNBERRY, Mr. TIAHRT, Mr. WATT, and Mr. Carolina. MCNERNEY, Mr. GARY G. MILLER of Cali- WESTMORELAND. H.R. 2390: Mr. SESTAK. fornia, Mrs. NAPOLITANO, Mr. ROHRABACHER,

VerDate Nov 24 2008 05:08 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00107 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.064 H09JNPT1 smartinez on PROD1PC64 with HOUSE H6416 CONGRESSIONAL RECORD — HOUSE June 9, 2009

Ms. ROYBAL-ALLARD, Mr. ROYCE, Ms. LINDA H. Res. 69: Ms. CORRINE BROWN of Florida BROWN of South Carolina, Mr. DUNCAN, Ms. T. SA´ NCHEZ of California, Ms. LORETTA and Ms. DEGETTE. ROS-LEHTINEN, Mr. GOODLATTE, Mr. EHLERS, SANCHEZ of California, Mr. SCHIFF, Mr. SHER- H. Res. 89: Mr. SESTAK. Mr. BOOZMAN, Mr. DANIEL E. LUNGREN of MAN, Ms. SPEIER, Mr. THOMPSON of Cali- H. Res. 90: Mr. MORAN of Virginia. California, Mr. REICHERT, Mr. MILLER of fornia, Ms. WATERS, Mr. WAXMAN, and Ms. H. Res. 111: Mr. LARSON of Connecticut and Florida, and Mr. FORBES. WOOLSEY. Mr. CALVERT. H. Res. 480: Mr. SESTAK. H.J. Res. 26: Mr. CONYERS. H. Res. 150: Mr. SESTAK. H. Res. 482: Mr. BUTTERFIELD, Mr. MCIN- H.J. Res. 37: Mr. CALVERT. H. Res. 156: Mr. CALVERT. TYRE, and Mr. SHULER. H.J. Res. 47: Mr. GARRETT of New Jersey H. Res. 260: Mr. SESTAK, Mr. ENGEL, Mr. H. Res. 498: Ms. GRANGER, Mr. LUJA´ N, and and Mr. FORBES. DOYLE, Ms. BALDWIN, Ms. MATSUI, Mr. MUR- Mr. AL GREEN of Texas. H.J. Res. 50: Mr. MILLER of Florida. PHY of Connecticut, and Mr. SPACE. H. Res. 502: Ms. WATERS. H.J. Res. 54: Mr. JORDAN of Ohio, Mr. ROG- H. Res. 278: Mr. JOHNSON of Georgia. H. Res. 503: Mrs. DAHLKEMPER. ERS of Kentucky, and Mr. CHAFFETZ. H. Res. 318: Mr. CALVERT, Mr. CARSON of In- H. Res. 505: Mr. MEEK of Florida, Mr. HOLT, H. Con. Res. 49: Mr. PUTNAM, Ms. TITUS, diana, and Mr. TERRY. Mr. KENNEDY, Mr. Massa, Mr. MURPHY of Mr. LATHAM, Mr. MEEKS of New York, Mr. H. Res. 346: Ms. RICHARDSON, Ms. BALDWIN, Connecticut, and Mr. GENE GREEN of Texas. ETHERIDGE, Mr. CASTLE, Mr. KRATOVIL, Ms. Mr. PASCRELL, Mr. DOGGETT, Mr. ISRAEL, Mr. H. Res. 507: Mr. SESTAK, Mr. NEUGEBAUER, KILROY, Mr. REICHERT, and Mr. FOSTER. HINOJOSA, Mr. RUSH, Mr. MOORE of Kansas, Ms. PINGREE of Maine, and Mr. MURPHY of H. Con. Res. 59: Mr. DELAHUNT. Ms. SCHAKOWSKY, Mr. MORAN of Virginia, Ms. New York. H. Con. Res. 121: Mr. MCINTYRE and Mr. KAPTUR, and Mr. SIRES. H. Res. 515: Mr. BROUN of Georgia, Mr. WOLF. H. Res. 350: Mr. EHLERS, Mr. PLATTS, Ms. HUNTER, and Mr. WILSON of South Carolina. H. Con. Res. 131: Mr. SMITH of Nebraska, HIRONO, Mr. LATTA, and Mr. MCGOVERN. H. Res. 518: Mr. ABERCROMBIE and Mr. Mr. BOOZMAN, Mr. CANTOR, Mr. TIM MURPHY H. Res. 351: Mr. PERRIELLO, Mr. BOCCIERI, MORAN of Kansas. of Pennsylvania, Mr. EHLERS, Mr. MCKEON, and Mr. SHULER. Mr. SHADEGG, Mr. HENSARLING, Mr. BROWN of H. Res. 390: Mr. LAMBORN. f South Carolina, Mr. ROSKAM, Mr. BROUN of H. Res. 409: Mr. PETERS and Mrs. CAPITO. Georgia, Mr. WAMP, Mr. MCCAUL, Mr. CAMP, H. Res. 411: Mr. MCHUGH and Mr. PETITIONS, ETC. Mr. PENCE, Mr. LANCE, Mr. OLSON, Mr. BACH- GALLEGLY. US, and Mr. SIMPSON. H. Res. 454: Mr. VISCLOSKY. Under clause 1 of Rule XXII. H. Con. Res. 132: Mr. ROHRABACHER. H. Res. 475: Ms. HIRONO. 47. The SPEAKER presented a petition of H. Con. Res. 142: Mr. FRELINGHUYSEN, Mr. H. Res. 476: Mr. CAO, Mr. MCGOVERN, Mr. the American Bar Association, relative to a SARBANES, and Mr. HINCHEY. BRADY of Pennsylvania, and Mr. PIERLUISI. resolution approving the 2008 Amendments H. Con. Res. 144: Ms. SUTTON, Mr. GENE H. Res. 479: Mr. SHUSTER, Mr. ROSKAM, Mr. to the Uniform Interstate Family Support GREEN of Texas, Mr. PASCRELL, Mr. MCGOV- SMITH of Nebraska, Mr. STEARNS, Mr. Act, promulgated by the National Con- ERN, Mr. DAVIS of Illinois, Mr. OLVER, Mr. Sablan, Mr. MCKEON, Mr. CONYERS, Mr. ference of Commissioners on Uniform State NUNES, and Ms. CLARKE. COURTNEY, Mr. MCDERMOTT, Mrs. Laws in 2008, as an appropriate Act for those H. Con. Res. 145: Mr. RANGEL. NAPOLITANO, Mr. REYES, Ms. SUTTON, Ms. states desiring to adopt the specific sub- H. Res. 6: Mr. KAGEN, Mr. KENNEDY, Ms. SHEA-PORTER, Mr. HASTINGS of Florida, Mrs. stantive law suggested therin; which was re- BORDALLO, and Mr. SESTAK. BIGGERT, Mr. DREIER, Mr. BACHUS, Mr. ferred to the Committee on the Judiciary.

VerDate Nov 24 2008 06:07 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00108 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.072 H09JNPT1 smartinez on PROD1PC64 with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 111 CONGRESS, FIRST SESSION

Vol. 155 WASHINGTON, TUESDAY, JUNE 9, 2009 No. 85 Senate The Senate met at 10 a.m. and was U.S. SENATE, MEASURE PLACED ON called to order by the Honorable RO- PRESIDENT PRO TEMPORE, CALENDAR—H.R. 31 Washington, DC, June 9, 2009. LAND W. BURRIS, a Senator from the Mr. REID. Mr. President, it is my un- State of Illinois. To the Senate: Under the provisions of rule I, section 3, of derstanding that H.R. 31 is at the desk PRAYER the Standing Rules of the Senate, I hereby and it is due for a second reading. appoint the Honorable ROLAND W. BURRIS, a The ACTING PRESIDENT pro tem- The Chaplain, Dr. Barry C. Black, of- Senator from the State of Illinois, to per- pore. The clerk will read the bill by fered the following prayer: form the duties of the Chair. title for the second time. Let us pray. ROBERT C. BYRD, The legislative clerk read as follows: Our fathers’ God, to You, the author President pro tempore. A bill (H.R. 31) to provide for the recogni- of liberty, we lift this prayer. Long Mr. BURRIS thereupon assumed the may our land be bright with freedom’s tion of the Lumbee Tribe of North Carolina, chair as Acting President pro tempore. and for other purposes. holy light. Protect us by Your might, great God, our King. Mr. REID. Mr. President, I object to Lord, it is so easy for us to forget f any further proceedings at this time. Your gracious providence that sus- The ACTING PRESIDENT pro tem- tained our Nation’s Founders through RECOGNITION OF THE MAJORITY pore. Objection is heard. The bill will bitter adversity. How easily we forget LEADER be placed on the calendar under rule XIV. and assume that our might, wisdom, The ACTING PRESIDENT pro tem- and ingenuity alone produced this land pore. The majority leader is recog- f we love. Remind our lawmakers each nized. day that they are helpless without RECOGNITION OF THE MINORITY LEADER You. May they not wait for calamities f to fall before they acknowledge their The ACTING PRESIDENT pro tem- dependence upon You. Lord, deliver pore. The Republican leader is recog- SCHEDULE them from the pride which believes nized. that they alone can solve the problems Mr. REID. Mr. President, following f that beset our Nation. Quicken their the remarks of the leaders, the Senate minds to seek Your wisdom, and return will be in a period of morning business HEALTH CARE them to that noble dependence on You for 1 hour, with Senators allowed to Mr. MCCONNELL. Mr. President, that enabled our forebears to persevere speak therein for up to 10 minutes when it comes to health care, Ameri- and win against great odds. each. The majority will control the cans are looking for answers. They We pray in Your sovereign Name. first 30 minutes, and the Republicans don’t understand why basic medical Amen. will control the second 30 minutes. procedures are so expensive. They don’t f Following morning business, the Sen- understand why millions of Americans PLEDGE OF ALLEGIANCE ate will resume consideration of H.R. have to go without basic care in a na- 1256, the Family Smoking Prevention tion as prosperous as our own. Many The Honorable ROLAND W. BURRIS led and Tobacco Control Act. Last night, are worried about losing the care they the Pledge of Allegiance, as follows: cloture was invoked on that matter, already have and like. I pledge allegiance to the Flag of the and we also agreed last night that we So the need for health care reform is United States of America, and to the Repub- would have a vote in relation to the not in question. All of us want reform. lic for which it stands, one nation under God, Burr substitute amendment at 4:30 p.m. indivisible, with liberty and justice for all. The question is: What kind of reform I hope we will be able to reach an will we deliver? And two very different f agreement to consider other amend- approaches are now beginning to come APPOINTMENT OF ACTING ments prior to the vote in relation to into view. PRESIDENT PRO TEMPORE the Burr amendment. According to one approach, the gov- The PRESIDING OFFICER. The Senators will be notified if any other ernment plays the dominant role by clerk will please read a communication votes are scheduled. Staff is working getting into the health care business to the Senate from the President pro now trying to come up with a list of and leverages taxpayers’ money to tempore (Mr. BYRD). amendments we can vote on. muscle everybody else out of the way. The legislative clerk read the fol- The Senate will recess from 12:30 to Under this approach, the vast majority lowing letter: 2:15 for the weekly caucus luncheons. of Americans who like the health care

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S6319

.

VerDate Nov 24 2008 00:22 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JN6.000 S09JNPT1 jbell on PROD1PC69 with SENATE S6320 CONGRESSIONAL RECORD — SENATE June 9, 2009 they have risk losing it when a govern- either too old or too sick to be worth will now be a period of morning busi- ment-run system takes over. the effort. When these countries en- ness for up to 1 hour, with Senators The other approach is to find ways of acted health boards, I am sure their in- permitted to speak therein for up to 10 controlling costs, such as discouraging tention was not to delay and deny care. minutes each, with the time equally di- the junk lawsuits that drive up the But that is exactly what these govern- vided between the two leaders, or their cost of practicing medicine and limit ment boards are doing. designees, with the majority control- access to care in places like rural Ken- The writer and commentator Vir- ling the first half and the Republicans tucky; lifting barriers that currently ginia Postrel, who has written for the controlling the second half. diminish the effectiveness of preven- New York Times and the Wall Street The Senator from Illinois is recog- tion and wellness programs that have Journal recently wrote an account of nized. been shown to reduce health care costs, her own first-hand experience with Mr. DURBIN. Mr. President, I ask like quitting smoking, fighting obe- breast cancer and her ability to treat it unanimous consent that I may speak sity, and making early diagnoses; and, successfully with the drug Herceptin for 15 minutes. finally, letting small businesses pool here in the U.S. Postrel said the avail- The ACTING PRESIDENT pro tem- resources to lower insurance costs— ability of the drug increased her pore. Without objection, it is so or- without imposing new taxes that kill chances of survival from a coin flip to dered. jobs. 95 percent. A year after beginning her f This second approach acknowledges treatments, Postrel wrote that she had GUANTANAMO that government already plays a major no signs of cancer. role in the health care system, and In the same article, Postrel points Mr. DURBIN. Mr. President, for the that it will continue to play a role in out that the situation is far different last month, the Republican leader from any solution we devise. But this ap- in New Zealand, where a government Kentucky has come to the floor and ar- proach is also based on the principle board known as Pharmac decided that gued that we should not move detain- that government cannot be the solu- Herceptin should not be made available ees currently in Guantanamo into the tion. Americans want options, not a to some cancer patients in that coun- United States, even for trial. Luckily, government-run plan that drives every try. As one cancer doctor in New Zea- the President, the Attorney General, private health plan out of business and land put it, New Zealand ‘‘is a good and the head of the joint military forces people to give up the care they tourist destination, but options for chiefs of staff have come to the conclu- currently have and like. cancer treatment are not so attractive sion that it is in the best interest of The Secretary of Health and Human there right now.’’ Bureaucrats in New the safety and security of the United Services acknowledged this concern Zealand finally relented and allowed States that one of these notorious ter- about a health care monopoly when she coverage for Herceptin, due in part to a rorists be brought to the United States described those parts of the country public outcry over the limited avail- for trial. So it has been announced where certain private health plans al- ability of the drug. today that Mr. Ahmed Khalfan ready have a monopoly. ‘‘In many New Zealanders have also been de- Ghailani is being brought to the United areas in the country,’’ she said, ‘‘the nied access to drugs that have proven States, to New York, for trial. private market is monopolized by one to be effective in reducing the risk of Luckily, this administration is not carrier . . . You do not have a choice heart disease and strokes. According to following the advice and counsel of for consumers. And what we know in an article from 2006 in The New Zea- Senator MCCONNELL and some on his any kind of market is a monopoly does land Medical Journal, the restrictions side. It is time for this man to face not give much incentive for other inno- placed on statins by New Zealand’s trial. What is he being charged with? vation or for cost-effective strategies.’’ government board significantly ham- He is being charged as one of those in- Well, if this is true of private health pered the preventative approach to volved in the 1998 embassy attacks in plans, then it would be especially true heart disease. As the authors of the ar- Africa. This Tanzanian national has of a government-run health plan. If a ticle put it, ‘‘[it is probable that . . . been held in Cuba since September of government-run plan came into being, this one decision] has caused more 2006. He was captured by our forces, concerns about a monopoly would not harm and premature death to New Zea- and others, in Pakistan in 2004 and just be regional, they would be na- land patients than any of their other transported to Guantanamo. He is tional. maneuvers.’’ being charged with his involvement in Another problem with a government Americans want health care reform. the 1998 bombings of U.S. Embassies in plan is a feature that has become all But they do not want reform that de- east Africa, which killed 224 people, in- too common in nations that have stroys what is good about American cluding 12 Americans. adopted one. Many of these nations health care in the process. They do not The position being taken by the Re- have established so-called government want a government bureaucrat making publicans in the Senate is that this boards as part of their government arbitrary decisions about which drugs man should not be brought to the health plans that end up determining they or their loved ones can or cannot United States for trial. I think they which benefits are covered and which take to treat an illness. And they do are wrong. I think it is time that he benefits are not covered. Our former not want to be told they have to give answered for the crimes being charged colleague and the President’s first up the care they have. Americans do against him. Twelve Americans died as choice for HHS Secretary, Tom not want a government-run health a result of what we believe was his con- Daschle, envisions just such a board in plan. And they certainly do not want a duct. He needs to be held accountable. his widely cited book on the topic. government board to dictate their This argument that he cannot be ‘‘The Federal Health Board,’’ he writes, health care coverage. They want real brought to the United States and tried ‘‘would promote ‘high value’ medical reform that solves the problems they would virtually allow this man to es- care by recommending coverage of face without sacrificing the benefits cape punishment for the crime that we those drugs and procedures backed by they enjoy. believe he committed. The Repub- solid evidence.’’ Mr. President, I yield the floor. licans’ position that he should not be What this means is that the Federal brought to the United States because f Government would start telling Ameri- somehow, if he is being held in a prison cans what drugs they can and cannot RESERVATION OF LEADER TIME in the United States, it is a danger to have. We know this because that is ex- The ACTING PRESIDENT pro tem- the rest of us cannot be supported in actly what is happening in countries pore. Under the previous order, leader- fact. that have adopted these government ship time is reserved. There are 347 convicted terrorists boards. They have categorically denied f presently being held in U.S. prisons— cutting-edge treatments either because not one has escaped—in supermax fa- the treatments cost too much or be- MORNING BUSINESS cilities and no one has ever escaped. cause someone in the government de- The ACTING PRESIDENT pro tem- For the Republicans to argue we can- cided the patients who needed it were pore. Under the previous order, there not bring this man to the United

VerDate Nov 24 2008 01:29 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JN6.001 S09JNPT1 jbell on PROD1PC69 with SENATE June 9, 2009 CONGRESSIONAL RECORD — SENATE S6321 States for trial for killing a dozen can keep it. No one has ever argued the the men and women who risk their life Americans leaves him in a position opposite position, which the Senator for America and come home injured— where we may lose our ability to pros- from Kentucky referred to this morn- we know they are going to get quality ecute him. The speedy trial require- ing. care. To argue that if there is any gov- ments of our Constitution and the laws He also spent a lot of time talking ernment involvement at all in health of the United States could virtually about government-run health care care it is to the detriment of America end up with the United States being plans. It is interesting that he would argues against Medicare, argues unable to prosecute this man if the Re- raise that as an issue when we are not against the Veterans’ Administration. publican position on Guantanamo de- suggesting a government-centered The Senator went on to say, if the tainees is followed. health insurance reform. We think it government gets involved, the delays GEN Colin Powell is right, Guanta- should be a patient-centered health in- will be intolerable. We do not want namo needs to be closed. It is a recruit- surance reform. delays. We want timely treatment of ing tool for al-Qaida. We know these But we also know that when you ask people. If a doctor believes either I or individuals can be brought to the Americans across the board—families my family members need to have a sur- United States and tried and safely im- and patients—what do you think about gical procedure, some help, some diag- prisoned. We have never had an escape the health care system in America, nostic test, we want it done in a timely from a supermax facility. We know what are its greatest shortcomings in fashion. that to turn these prisoners over to the current health care system, do you What the Senator from Kentucky, some other country runs the risk that know what No. 1 is? Almost half, 48.9 the Republican leader, ignores is that they will be released. percent, of the people say not having there are delays within the current Dangerous people who threaten the health insurance. The second, 43 per- system. An article in BusinessWeek United States should be dealt with by cent say the greatest shortcoming of highlights a case of a woman in New our Constitution and laws. The admin- America’s health care system is deal- York, Susan, who called for an annual istration has made the right decision ing with health insurance companies; mammogram appointment in April, that this man be brought to trial in the 30.9 percent, inflexibility of health care knowing she would have to wait 6 United States, held accountable for plans; 30.9 percent, insurance compa- weeks. In 2007, her first scan at the end any wrongdoing on his part that led to nies’ refusal to cover preexisting condi- of May was not clear. A followup scan the deaths of so many hundreds of in- tions. detected an abnormality which the nocent people at our Embassies in Afri- When the Senator from Kentucky doctor wanted to address with a needle ca. comes to the floor and argues against biopsy and outpatient procedure. The f changing the current situation, he is first available date was mid-August, arguing for allowing these health in- more than 2 months later. This lady HEALTH CARE REFORM surance companies to continue to who had an abnormality in her mam- Mr. DURBIN. Mr. President, this dominate. As long as they dominate, mogram was forced to wait months morning we heard the Republican lead- Americans and their families will be under the current private health insur- er come to the floor again—this is not vulnerable—vulnerable to increases in ance system. the first time—to address the health costs they cannot manage, vulnerable We have a similar problem in Chi- care situation in America. I have read to new policies with more exclusions, cago, Cook County, IL. At the local his previous speech, and I listened to vulnerable to preexisting conditions public hospital, wait times for spe- his speech today. It is clear to me he not being covered. That is the vulnera- ciality services can range from 6 does not believe we are facing a crisis bility of Americans we have today that months to 1 or 2 years under the cur- when it comes to health care. I think we have to seriously address. rent system. we are. I think it is a serious crisis. It The Senator from Kentucky argues We know that when it comes to is a crisis where 47 million Americans we do not want a Canadian plan, we do delays, unfortunately, they are occur- have no health insurance. Imagine, if not want a British plan, we do not ring in the current system. We also you will, being a parent and having want a New Zealand plan. He is right. know that for a lot of people, this cur- children with no health insurance cov- We want an American approach—an rent system has become unaffordable erage. Imagine yourself in a position American approach that combines, yes, and intolerable. where an accident or a diagnosis at a private health insurance companies I think back to one of my friends in doctor’s office could literally mean you when they are held to standards that Springfield, Doug Mayol. Here is a fel- would lose every penny you have ever are fair to American families but also low who tells a story. He owns a small saved in your life for expensive medical holds open the option that we will have business in my hometown of Spring- care when you do not have health in- a plan which is run by the govern- field, a shop that sells cards and gifts. surance. Imagine that as a crisis that ment—as an option, a voluntary op- His only worker has Medicare cov- affects Americans, too many of them tion—for people to choose. If they like erage, so she is taken care of. But Doug today. what they have in their current plan, has to buy private health insurance. Then imagine those who have health they can keep it. If they want to move Unfortunately, Doug has a problem. He insurance and worry that tomorrow the to another private health insurance was diagnosed many years ago—30 costs will go up to the point where plan, they can do so. If they want to years ago, in fact—with a congenital they cannot afford it, that there will be choose a government plan, they can do heart valve defect. He has no symp- medical procedures necessary uncov- that as well. toms. Without regular health care, he ered by their health insurance. Cost is According to the Senator from Ken- runs the risk of developing serious an issue. It is an issue which is driving tucky, if the government is involved in problems. us to look at reform of the health care it, it must be bad. Tell that to 40 mil- In the year 2001, Doug, in Springfield, system. lion Americans under Medicare, many IL, paid $200 a month for health insur- I heard Senator MCCONNELL this of whom never had health insurance in ance. By 2005, even though he had not morning, and what he is arguing about, their life and now have the protection turned in any claims, his cost of health frankly, is not even in the debate on of Medicare. Medicare has worked for insurance was up to $400 a month. The Capitol Hill. He said repeatedly—said senior citizens and the disabled for a next year, when he turned 50, the rate it yesterday, said it again today—that long period of time. nearly doubled to $750 a month. He our debate over health care reform The Senator from Kentucky should made some changes in coverage so he means Americans run the risk of losing also tell the people in the Veterans’ would pay more out of pocket, choose a the health insurance they want. Ex- Administration that when the govern- small network of providers, and have a actly the opposite is true. What Presi- ment is involved, it does not work. higher deductible. He got his premium dent Obama has said and what we are They know better. Veterans and their down to $650 a month. saying is that if you have good health families across America know our vet- This man owns a small shop. He sells insurance, you can keep it. You like erans health care system provides qual- greeting cards. He was up to $650 a the health insurance you have? You ity care for them. We entrust to them, month. Two years later, his premium

VerDate Nov 24 2008 00:22 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.003 S09JNPT1 jbell on PROD1PC69 with SENATE S6322 CONGRESSIONAL RECORD — SENATE June 9, 2009 jumped to over $1,000 a month. Again, They argue the government will take man—such as in the case of the gen- he made some changes. By opting for over the health care system. I have not tleman from Springfield whom my the highest possible deductible, he was run into anybody who has suggested friend DICK DURBIN talked about—or able to bring his premiums down to that. What we want to do is have pub- when they deny coverage or when they $888 a month. Think about that: He is lic health insurance and have a private tell you because you have a preexisting paying 300 percent more than he paid option, which the Senator from New condition that you can’t get coverage for health coverage 8 years ago and York is going to address in a moment or they are not renewing your proposal getting a lot less for it. when I close. or whatever? He isn’t a costly patient. His valve This is an important debate for every We understand there needs to be a condition is asymptomatic. He has single American. It is time to put to- check on the insurance companies. Left never made a claim for illness or in- gether reform that assures quality and alone, they will not provide the kind of jury. He receives routine medical care. affordable health care for all Ameri- low-cost, full health care many Ameri- His high deductible rarely kicks in. cans. cans need. And when we propose a pub- Here is the problem. Because of his I yield the floor. lic option, we are proposing someone to high deductible and expense of health The ACTING PRESIDENT pro tem- keep a check on them. That is the only insurance, he is afraid to go to a doc- pore. The Senator from New York. point. If we had complete faith in the tor, that it will create another red flag Mr. SCHUMER. Mr. President, I insurance companies, we wouldn’t be for the health insurance company to thank my friend and colleague from Il- debating a public option. If we had raise his premiums even more. linois for his strong and forceful words, complete faith that, left on their own, It is unfair to him, Doug Mayol, meaningful, bringing it home, as he al- when an individual had the situation of working in Springfield, IL, as a small ways does, in a very strong and good an illness and their costs went way up, business owner, a man whose insurance way about individuals and how they they would say: Sure, we are going to company has never paid a claim, to are affected. take care of you, you signed the con- watch his costs explode from $200 a I would like to talk a little bit about tract when you were healthy and now month to $1,000 a month in just a few where we are in health care and where you are sick—and sometimes that hap- years. Sadly, if we follow the advice of we have to go. Let me say that about 10 pens. I am not saying it never happens, the Senator from Kentucky, it will get years ago—I cannot remember the not for sure. But what about all the in- worse. exact time—one of the major issues we stances when it doesn’t? What about President Obama has challenged us faced was called the Patients’ Bill of the worry the rest of us have? And to take on this reform. This is not Rights. Doctors and patients felt—ev- praise God, we are healthy, but it easy, believe me. There are health in- eryone felt—that HMOs were taking might happen. There has to be a check surance companies that are going to undue advantage of them. Doctors, if a on the insurance companies, and that fight us every step of the way. Anytime patient desperately needed a prescrip- is what the so-called public option we step in to try to protect Doug and tion, would call some accountant in a does. Insurance companies are part of the other families to make insurance af- faraway city and could not get ap- free enterprise system, and it is a great fordable and to make sure it is quality, proval and the patient would not get system, but the goal of the insurance the medicine. It sort of hit home. they are going to argue it is too much company—it is probably in their char- There was a movie called ‘‘As Good government, such as we heard from the ters, but it is how our system works— As It Gets,’’ with Jack Nicholson, and Senator from Kentucky this morning. is to maximize profits to their share- I cannot remember the name of the What he had to say is what we hear holders by producing a good product. from the health insurance companies: woman who starred in it. The family But we all know, particularly when it Leave it alone, leave the system alone. could not get the health care they comes to health, that system has Can we afford for Doug Mayol and needed because the HMO turned them major flaws. It sometimes works and it millions of Americans to leave this down. I believe it was her child who sometimes doesn’t work. alone? We have to make sure we move was hurting. When she and Jack Nich- If we thought only the private sector toward a situation that recognizes we olson made remarks about how some- should provide health care, we face a crisis. It is a crisis of cost and a body has to keep an eye on these wouldn’t have Medicare. And I know crisis when it comes to availability of HMOs, in theaters across America, the there are some—way over on the right health insurance. We have to hold the audience got up and cheered. side—who would like to get rid of Medi- health insurance companies account- That is, again, what we are talking care. If we thought private insurance able to provide us affordable quality about when we talk about public op- on its own worked just fine, we care. We have to change the system so tion. Every one of us has a friend, a wouldn’t have fought for years for a pa- we have early detection of problems— family member—maybe it is our- tients’ bill of rights. So this idea com- preventive care. We have to ring some selves—who has experienced the basic ing from the minority leader that we of the costs out of the system. intransigence of insurance companies should have no check on the insurance One of the persons who has made a in providing—even when you have a companies, which is what we would comment on this regularly whom I re- package of benefits—the kind of care have if we had no form of public option, spect very much is a doctor in Boston you or a loved one, a member of your isn’t where the American people are, named Atul Gawande. He recently, in a family, needs. and it is certainly not where I am. June 1 article in the New Yorker, It is clear in America the insurance Some bring up—and I think it is a talked about the disparity in cost companies—and they are doing their valid argument—well, if the govern- around the United States for Medicare. job maximizing their profit to their ment is involved—and by the way, It is clear that in some parts of the shareholders. Of course, our capitalist what we are proposing here is not that country—and he was speaking of system says they have to maximize it the government take over health care. McAllen, TX, at this point—the cost by trying to sell as many policies as We are proposing that in this exchange for Medicare patients is dramatically possible. So there is some check on where all kinds of insurances compa- higher than they are in other places. them. But it is clear America is not nies compete, there be at least one that We can bring costs down to a reason- happy with insurance companies. doesn’t put the profit motive above all able level and try to take control of a My good friend from Kentucky, the else but has to put patients above all, system that is currently out of control, minority leader, keeps saying we do a public option. It doesn’t make a prof- but we cannot do it if every day we are not want the government involved. it. And what we are saying is, if you be- reminded of problems that do not exist. Well, let me ask him: Who is going to lieve in competition, why not let the That is what we have heard from the protect the individual and even some of public option compete? We do this in other side of the aisle. the individual providers—the doctor in State governments. In State govern- They are arguing that we want to a small town or in an inner city—from ments, if you are a State worker in take away people’s health insurance. an insurance company when the insur- some States, you can sometimes get a Absolutely false. We said: If you like ance company either charges too much public plan or a private plan. The con- your health insurance, you can keep it. or tries to get rid of the small business- sumer chooses. And that is how it

VerDate Nov 24 2008 00:22 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.004 S09JNPT1 jbell on PROD1PC69 with SENATE June 9, 2009 CONGRESSIONAL RECORD — SENATE S6323 should be. We are simply saying that, responsibilities. When DICK DURBIN’s oly. And we all know what happens just as there are some who might say: friend from Springfield can’t get insur- when there is not real competition: I don’t think there should be any pri- ance from a private company, the pub- Price setting occurs. Price leadership vate sector involved in health care, it lic option will be there, and that may is what the economists call it. Nobody should all be public—and many people be somewhat more expensive for them. tries to undercut on price. We have think that is not the right view, as I Admittedly, we are going to try to pass seen this with the oil industry, for in- know my friend from Kentucky does— laws to say the private insurance com- stance, with our five big oil companies, many of us think it is just as wrong to pany has to keep DICK DURBIN’s friend, and you don’t get the kind of competi- say it should only be the private sec- the small businessman who is paying tion you would from a public option, tor. Let’s see who does a better job. Let for his own insurance, without a huge even if there were only one or two in- them compete in the marketplace. increase in cost. But if you believe, as surance companies competing. My view is this: There has to be a I do, and I think most Americans do, In conclusion, I would ask my col- level playing field. You cannot give the that the private insurance company is leagues on the other side of the aisle public option such advantages that it not going to embrace this and say: Gee, to, A, be openminded. We haven’t said overwhelms the private sector. The this is great, this is costing us a ton of no this or no that. When you say no proposal that I have made and that money and we have to report earnings public option, you are saying we want others are looking at—Senator BINGA- for our shareholders, and we will try to to let the private insurance companies, MAN is one; my friends in the House, find ways—there will be an intention of under the guise of competition, run the Congressmen WELCH and BRADY and not covering people like that, and the show. And if you believe that will MURPHY—is to try to make the playing public option will step into the lurch. work, fine, but then you also should be- field level. The government won’t just So this is a different model, no ques- lieve the public option won’t be a keep pouring money into the public op- tion about it. It is not just another in- threat to them. Some of us who are tion. It sets it up and then it has to surance company that happens to be worried that, left to their own devices, compete. If the private sector needs re- public. But it will be a level playing the private insurance companies will serves—God forbid there is cata- field. There will be a playing field not serve all or even most of the public strophic illness everywhere—then so where the private insurance companies as well as they should be served, are will the public option. I am certain will be under certain rules and the pub- saying let there be the competitive ad- those of us who are interested in a pub- lic option plan will be under certain vantage or the competition of a public lic option are very interested in sug- rules. If the private company has to option in a level playing field that has gestions as to how to make the playing leave reserves, the public company will no particular built-in advantage but field level. But make no mistake about have to leave reserves. No one is seek- has a different model—no profit, no it, the public option is a different ing to unlevel the playing field, but we merchandising, no advertising, serve model. The public option will not have are seeking to keep the insurance com- the patient first. to make a profit. That is about 10, 12 panies honest. A public option will This debate will continue, but I percent. That money will go to health bring in transparency. When we know would just say to my fellow Americans care for the patients. The public option what the public option has to pay, we out there who might be listening to will not have to merchandise and ad- will say: Why isn’t the private insurer this, when you hear the other side say vertise. That is often 20 percent. So paying the same? A public option will no public option, ask them: Then who right off the bat, the public option has keep the insurance company’s feet to is going to provide a check on the in- the same level playing field but has 30 the fire. surance companies? And do you believe percent of its revenues that can go to That is why President Obama feels so the insurance companies, even with patient health care. strongly about it. He said so in his let- some government regulation, won’t My friends on the other side say: ter. My friend from Iowa, Senator find their way out of the regulations or Well, the public option isn’t very effi- GRASSLEY, said he is just being polit- avoid the regulations or walk around cient; it doesn’t give enough direction, ical. I don’t think so. He knows the them? and direction to the right person, to public option will work well. Maybe The ACTING PRESIDENT pro tem- cure this disease but lets people go all after 3 years, the public option fails pore. The Senator’s time has expired. over. Well, if it is not, it is not going to and isn’t needed. Fine. Fine. But I Mr. SCHUMER. The debate will con- work. don’t believe that will happen. But we tinue, Mr. President, and I appreciate You know, if I were designing a are not going to, in the public option, the opportunity to address my col- health care system, I would even look just keep putting more and more gov- leagues. carefully at single payer. I believe we ernment money in until it wipes out The ACTING PRESIDENT pro tem- do need control mechanisms, and I the insurance companies. That is not pore. The Republican whip. think the insurance companies them- the intent. The intent is to have a ro- Mr. KYL. Mr. President, I understand selves, no matter how we try to regu- bust market, such as we have in other the time for morning business has now late them, will figure out ways around States and some of the Federal sys- reverted to the Republican side; is that them. That is almost their mandate be- tems, where many different plans com- correct? cause their goal is to maximize profit. pete, and one is a public option. There The ACTING PRESIDENT pro tem- There is nothing wrong with that. But might also be co-ops, such as my friend pore. The Senator is correct. we are not going to get single payer from North Dakota has been advo- f here. We know that. And we are prob- cating, but there will be plenty of pri- ably not even going to get something vate insurance companies. HEALTH CARE called Medicare For All, which would I would say one other thing. My Mr. KYL. I thank the Chair. be a much more pure system that friends on the other side of the aisle Mr. President, I would like to address would not be, frankly, a level playing say: Well, why can’t we just have the two subjects. The first is the subject field. But just as we have to com- private insurers compete and offer a my colleague from New York was just promise and move to the center a little whole lot of plans? We don’t have that discussing, and that is what to do bit to get something done, so do my in the vast majority of States right about health care issues we have in the colleagues on the other side of the now. We have a system where any pri- United States. Specifically, I would aisle. Again, when they say no public vate company can sell insurance. But like to refer to some comments that option, it is the inverse of saying no in more than half our States—and I be- both he made and the assistant major- private insurance companies. Let’s see lieve this statistic is right, but I will ity leader made this morning. who does better in this exchange. correct the record if it is not—the top The first point I wish to make is that My view is this: The public option two companies have more than 50 per- when the assistant majority leader will have certain advantages. It won’t cent of the market. There is usually came to the floor this morning and in have to make a profit, it won’t have to not unvarnished competition when you effect said: Unless you agree with our advertise and merchandise. But on the just leave it up to the private insur- solution, you don’t believe there is a other hand, it is going to have certain ance companies but, rather, an oligop- problem, that is a fallacy, of course. I

VerDate Nov 24 2008 00:22 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.005 S09JNPT1 jbell on PROD1PC69 with SENATE S6324 CONGRESSIONAL RECORD — SENATE June 9, 2009 think everybody agrees there are lots Insurance is one of the most highly have a government program which of problems. The question is, What is regulated enterprises in the United causes waiting lines today, does it the right solution? So we can all agree States. Every State in fact regulates solve the problem by adding a whole there are problems, but let’s don’t sug- health insurance. This is an area that lot more people to the rolls? gest that unless you agree with my so- not only has some Federal regulation, What is likely to happen? The wait- lution or your solution, somehow or but every State regulates health insur- ing lines are going to get longer be- other we don’t appreciate that there ance. In fact, one of the reasons you cause more people are going to have to are problems. cannot buy a health insurance policy be waiting for care. Is that what we We are frustrated and a lot of Ameri- from the State you do not live in—you want in the United States of America? cans are frustrated because they may can’t go across State lines and buy a I submit not. So far from being a jus- work for a small business or they are policy in another State—is because we tification for a government-run pro- unemployed and therefore they don’t are so jealous of the State regulation gram, I believe that argues for not hav- have insurance. It is not easy to take of insurance. So to the question of my ing a government-run program, or at your insurance with you. It is hard to friend from New York, who is going to least not expanding the government find quality, low-cost health care. This provide a check, the answer is, your programs we already have. A govern- has to be a big priority for a lot of State. If you do not trust your State to ment takeover is not the answer. No Americans. We all understand that. properly regulate health insurance, country, even the United States, the Health care needs to be portable. It then I don’t know where we are. But most prosperous country on Earth, has needs to be accessible. It needs to be af- you are not going to provide better reg- unlimited resources to spend on health fordable. I think all Americans want it ulation by commissioning a govern- care. to be quality care as well. The question ment insurance company to exist and That brings up the third problem, is, How do you accomplish these goals? compete right alongside the private in- which is the rationing, the inevitable One of the problems is, what if you surance companies. How does that pro- delay in getting treatment or tests and have insurance and you like it? The vide a check on the private insurance frequently the denial of care that re- President says, in that case you get to companies? sults from that. When a government keep it. The problem is, under the bill It is not as if there are not enough takes over health care, as it has, for that is being discussed in the Finance private insurance companies or they example, in Britain and Canada and Committee, you do not get to keep it. are not providing enough different many places in Europe and other If you are an employee of a small busi- kinds of plans, so that can’t be the places, care inevitably is rationed. We ness, for example, or you are an indi- problem. It is not a matter of a lack of all have heard the stories. vidual with your own insurance, when competition in most places. If the One of the most direct ways we can your insurance contract runs out—and question is, who is going to regulate, ration care is one that the White House those contracts are usually 1 year, 2 the answer is, the State is going to reg- has already embraced, and it is part of years, sometimes as long as 3 years; ulate. To the extent it does not, the the Kennedy bill that I spoke of ear- let’s say it is 2 years, and you are Federal Government is going to regu- lier. through the first year of it—the bot- late. That is why, A, it should not be The White House has said compara- tom line is, even though you may like called a public option if what they are tive effectiveness research, which it, at the end of next year when the talking about is creating a govern- would study clinical evidence to decide contract runs out, you don’t get to ment-run health insurance company, what works best, will help them elimi- keep it. which is exactly what is being proposed nate wasteful treatments. Wasteful to Under the bill being discussed there in the only legislation put out there so whom? A recent National Institutes of is a new regime of regulation for the far, the so-called Kennedy legislation Health project has a description of part insurance companies about who they in the HELP Committee. That is pre- of their plan that states, and I will have to cover, how they cover them, cisely what he proposes. Republicans quote: what they can charge, and a whole va- say: No, thank you. We are not for Cost-effectiveness research will provide ac- riety of other regulations that mean that. tive and objective information to guide fu- that the policy you used to have, that My final point is that the assistant ture policies that support the allocation of you liked, does not exist anymore. majority leader said there are lots of health resources for the treatment of acute It may be you will be able to find other government-run plans, and we and chronic conditions. coverage that you like, but it is simply are not afraid of them. He mentioned Allocation of health resources is a untrue to say that one of the main- Medicare and the Veterans’ Adminis- euphemism for rationing. Allocation stays of the legislation being proposed tration. First of all, these are not gov- means to allocate, and inevitably there is that if you like your current plan, ernment insurance companies, these will be denial based upon those things you get to keep it. When your current are government-run programs. But, which are deemed to be too costly. plan expires, it expires, and you don’t second, the President himself said, and As discussions about health care re- get to keep it because it cannot be re- everybody I know of who has studied form have dominated the news re- newed in its current form. That is the issue agrees, Medicare is in deep cently, stories have trickled out from point No. 1. trouble. The President has said its individuals living in countries that ra- Point No. 2. We just had a discussion commitments are unsustainable, mean- tion care whose medical treatment has about government-run insurance. I find ing we cannot keep the promises we been delayed or denied due to ration- it interesting that some on the other have made in Medicare to future gen- ing, and we are beginning to hear some side like to call this a public option, as erations because it is far too expensive. of those stories. One that I came across if the public somehow or other is oper- We have to find a way to get those ex- was reported in the Wall Street Jour- ating its own insurance company. Let’s penses under control. nal. be clear about who would operate this How is adding another 15, 20 or 30 It was the story of one Shona Holmes insurance company. It is the U.S. Gov- million Americans to an existing pro- of Ontario, Canada. When Miss Holmes ernment. It is not the public; it is the gram that is not sustainable going to began losing her vision and experi- U.S. Government. That is why Senator make it any better? encing headaches, panic attacks, ex- MCCONNELL has referred to it properly My colleague talked about waiting treme fatigue, and other symptoms, as government-run insurance. lines. It may well be true we can find she went to the doctor. An MRI scan The Senator from New York just got an example or two of people who have revealed a brain tumor, but she was through saying: Who else is going to to wait in line in the United States. told she would have to wait months to provide a check on the private insur- That is something we should not per- see a specialist. ance companies to make sure they do mit in the United States. We know Think about this. She goes home and things right? The President himself has that is what exists in other countries, tells her family: The MRI said I have a spoken about the need for a govern- and I will get to that in just a moment. brain tumor. I have all of these symp- ment-run plan to keep the other insur- Why does that justify having an expan- toms, including losing vision and the ance companies ‘‘honest.’’ sion of a government program? If we rest of it. But I have to wait months to

VerDate Nov 24 2008 00:22 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.006 S09JNPT1 jbell on PROD1PC69 with SENATE June 9, 2009 CONGRESSIONAL RECORD — SENATE S6325 see a specialist—I gather, to confirm like Canada or Great Britain. Ameri- time. We move families, unlike back in the diagnosis. I don’t know. As her cans do not deserve or want health care the old days. Why can’t we have an in- symptoms worsened, she decided to that forces them into a government bu- surance regime that enables you to buy visit the Mayo Clinic in Arizona. So reaucracy with its labyrinth of com- insurance from another State? It does she left her home country, paid her plex rules or regulations. not make sense; it inhibits competi- way down to Arizona and paid for the Think about the hassles of dealing tion; it makes prices higher; and it can diagnosis and treatment that was with the IRS or Department of Motor have the effect of restricting care. called for in her case to prevent the Vehicles or Social Security Adminis- Those are the kinds of things we need permanent vision loss and potentially tration when you have a problem there to do to reform our system, not put death that could have ensued had she and then imagine dealing with the more government in charge and not not been treated in a timely fashion. same issues when it comes to getting put government between you and what A Lindsey McCreith, also of Ontario, health care. We can’t enable a panel of your physician says you need, or even was profiled in the same article to bureaucrats, through rules and regula- put some time delay between the op- which I referred. Mr. McCreith suffered tions, to put the politicians in charge portunity to visit your physician when from recurring headaches and seizures. of deciding who is eligible for a par- you know you have something wrong When he went to the doctor, he was ticular treatment or deciding when or with you. told the wait time for an MRI was 41⁄2 where they can get it. It is wrong for We are going to have more discussion months. Think about this. You are hav- America, wrong for the patients in about this in the future, but I want to ing seizures and the test that will re- America, and it is the wrong approach back up what Senator MCCONNELL from veal what if anything is wrong is going to health care reform. Kentucky has said. Americans don’t to be delayed 41⁄2 months. One of the Republicans believe there is a better want government-run insurance com- reasons, I am told, by the way, is that way for health care reform. Rather panies any more than they want gov- there are very few places in Canada than empowering the government, em- ernment-run car companies. It seems where MRIs are located, where you can power patients. Rather than putting as though the government is starting actually get the test. In any event, he bureaucrats in between your doctor to run everything now—from the decided to visit a clinic in Buffalo, and yourself, try to remove the con- banks, to the insurance companies, to NY—fairly nearby—in order to get the straints that physicians have and hos- the car companies. Now we are going to MRI. He did and it, too, revealed a pitals have for treating people. Try to run insurance companies as well for brain tumor. Now Mr. McCreith is remove constraints on insurance com- health care. I do not think that is what suing the Canadian Government’s panies. the American people want. health care monopoly for jeopardizing One of the things I have asked for, I think the Senator from Kentucky is his life. for example, with all of these wonder- exactly right. I think he is right when I wonder if we want lawsuits to be ful ideas about more government regu- he says no government-run care and the answer. When you can’t get the lation of insurance is, how about re- that we should not be rationing care. care you want, you have to file a law- pealing some laws that currently pre- Those are two of the most critical as- suit to get it? Is that what we want in vent insurance companies from com- pects of the legislation Senator KEN- America? I don’t think so. peting? I mentioned before you can’t NEDY has come forth with and among There are also people whose care has compete across State lines. the things being discussed in the Sen- been flatout denied. Britain’s National We all know if you want to incor- ate Finance Committee as well. We Health Service has denied smokers porate as a corporation—why are all need to draw a line: Put patients first, treatment for heart disease, and it has the corporations incorporated in Dela- not put the government first. denied hip and knee replacements for ware, ‘‘a Delaware corporation’’? It (Mrs. GILLIBRAND assumed the people who are deemed to be obese. The doesn’t matter whether you are in Illi- Chair.) British Health Secretary, Patricia nois or Arizona, corporations are incor- f Hewitt, has said it is fine to deny porated in Delaware. At least that is treatment on the basis of lifestyle. the way it used to be. One of the rea- GUANTANAMO [Doctors] will say to patients: ‘‘You should sons is Delaware had very benign laws Mr. KYL. Now, Madam President, not have this operation until you have lost a regulating the incorporation of busi- since I think I have a little bit more bit of weight,’’ she said in 2007. nesses. It was cheaper to do it, and time on the Republican side—though if That is easier said than done for there was less regulatory hassle. But if I have colleagues who wish to speak, I some people. In any event, if they need the distinguished Presiding Officer, for will be happy to finish for the mo- a health treatment and they need it example, looked across the river to the ment—I will go for a little bit longer now, there is a real question whether west and saw an insurance company in on another subject. they can accomplish the ‘‘losing a lit- Iowa that could provide him with bet- We have had kind of a running debate tle bit of weight,’’ as Ms. Hewitt said. ter coverage at less cost than the com- on the question of closing Guantanamo All Americans deserve access to qual- pany that insures him in Illinois, why prison. This is a subject the Senate has ity care, but government-run insurance should he be restrained from buying spoken on by an overwhelming vote. I does not equate with access. Rationing the policy from the company in Iowa? think 90-some Senators voted not to will hinder access. You could buy your automobile insur- close Gitmo. The American people are 3 As I said, my colleague from Illinois, ance that way. You could buy your to 1 opposed to bringing Gitmo pris- the distinguished majority assistant home insurance that way. Why should oners into their State. They are 2 to 1, leader, says you can actually find some you not be able to buy your health in- at least, in opposition to closing Guan- examples in the United States where surance that way? Well, you can’t. tanamo prison. This is not something there are long wait times. If that is I am going to conclude this discus- on which there is a little bit of doubt. true—and I don’t doubt what he said— sion, but just one idea is to remove The American people are very much that is not good; it is bad. We should some of the barriers to competition opposed to closing Guantanamo prison try to fix that so we don’t have wait that would make it more likely that and bringing those people to their own times. We should not justify having insurance companies could expand States. more wait times on the fact that we al- their coverage by competing, be re- Nevertheless, the assistant majority ready have some. We should not say be- quired to compete with lower pre- leader and five other Democrats voted cause there are some people in America miums and/or provide better access to for the appropriation of money—or the who have to wait, therefore we should care. It seems logical, and in this coun- authorization of money—actually, the make it possible for everybody in try, where people move around all the appropriation of money to close Gitmo America to have to wait; we should be time—my family just drove all the way and acknowledge that would require like Canada or Great Britain. across the country from Washington, bringing many of those people to the That is not the answer. If we have DC, out to Arizona to visit friends and United States. wait times here, we should stop it, not family and go on to California. We Well, I happen to agree with Senator say that we, therefore, might as well be travel all around this country all the MCCONNELL that this is a bad idea, and

VerDate Nov 24 2008 00:22 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.007 S09JNPT1 jbell on PROD1PC69 with SENATE S6326 CONGRESSIONAL RECORD — SENATE June 9, 2009 with the other 89 Senators who agreed The President, in his speech, made colleague from Illinois says: Well, it is a bad idea, at least until we have the point that at least 60—I think is there are other people who agree we some kind of a plan to do it. So I was the number that was used—of these should close Gitmo. Even my colleague a little struck this morning when the prisoners have been released and that from Arizona has certainly said that. Senator from Illinois said: Well, here is they were released by the Bush admin- But what he did not say is, before we the proof of why we should close the istration. That is true. The Bush ad- have a plan to do so—and he himself Guantanamo prison. ministration was under a lot of pres- has acknowledged this is really hard to We just have had an announcement sure to try to release as many of these do. And while he would like to close we are going to try a terrorist, whose people who were being held as possible, it—as he himself has said: I do not name is Ghailani, in the United States, and so they held determinations. They know how you do it—we certainly can- and that proves we can close Gitmo. have a determination once a year and not do it without a plan, and we cer- Well, it does not prove that. It does initially as to what the status of the tainly cannot do it based upon the not prove anything. What it proves is, individual is and whether he is still a timetable that the President is talking we can try somebody in U.S. courts. We danger. Eventually, in many of the about. have done that with a few terrorists, cases, they decided the person could be So it is one thing to say it would be and it is not a pleasant experience. The released back to their home country or nice to close it. It is quite another to one that most of us recall in the Wash- to a country that would take them and figure out how to do it that would be ington, DC, area was the trial across it would not pose a danger to the safe for the American people. Finally, just a point I want to men- the river in Alexandria, VA, of United States. Zacarias Moussaoui. That was extraor- The problem is, there is a very high tion—well, two final points. The Sen- dinarily difficult for the government to rate of recidivism among these terror- ator from Illinois said this is a problem do. It was very difficult for at least two ists. One in seven are believed to have he, meaning the President, inherited. main reasons. returned to the battlefield. We have No. The President did not inherit the First of all, much of the evidence evidence of many of them, specifically problem of having to come up with a that was gained to try him was classi- by name, who returned and who caused plan to close Gitmo by next January fied and could not be shared with him, a lot of death. There are two in par- 20. The President made that problem and there were significant questions of ticular I recall who both eventually en- himself. When he was sworn into office, due process as a result. How can we try gaged in suicide bombing attacks, kill- I think it was within 3 days, he said: somebody for a serious crime and not ing, I think, 20-some people in one in- And we are going to close Gitmo within show them the evidence against them? stance and at least a half dozen people 12 months. That is one of the main reasons it is That is an arbitrary deadline that I in another instance. very difficult to try these terrorists for submit he should not have imposed on So even when we try our best to crimes. himself or on the country because it is make a determination that is fair to The second problem is the security going to cause bad decisions to be the individuals, but we do not want to issue. The people in Virginia, in Alex- made. We may have to try more people, hold people beyond the time they andria—in the county there—will tell such as this terrorist Ghailani, in the should be held—that they no longer you, it was a costly and difficult thing United States than we want to or than pose a danger—we make mistakes and for them to be able to conduct this we should. In any event, we are going we release people back to the battle- trial of Zacarias Moussaoui there. Nev- to have to try to find, I gather, facili- field who are going to try to kill us, ertheless, it was possible. Although ties in which these people could be held costly, it was possible. It was even pos- and they are certainly going to try to in the United States. sible to get a conviction, I would sug- kill others, including our allies; and, in FBI Director Robert Mueller testified gest, primarily because of some deci- fact, they do so. That is a risk, but it before the House of Representatives sions Moussaoui made. Nonetheless, it is not a risk that we should lightly that that posed a lot of problems, real was possible to do so. take. risks, for the United States. Nobody is Everybody acknowledges there are The remaining 240-some prisoners at saying it cannot be done. The question some people who need to be tried for Guantanamo are the worst of the is, Should it be done? Most of us be- serious crimes, in effect, such as war worst. These are people about whom it lieve, no, it should not be done; there crimes, and who should be tried in U.S. is very difficult to say: Well, they do are better alternatives. courts. It does not make it easy, but it not pose a danger anymore. We have al- The final point I want to make is can be done. What it does not prove is ready been through those, and, as I this: What is wrong with the alter- that it should be done for all of the said, one in seven of those people have native of the prison at Guantanamo? It people at Gitmo. In fact, not even the not only posed a danger, they have ac- is a $200 million state-of-the-art facil- President suggests that. The President, tually gone off and killed people. ity in which, as I pointed out yester- in his speech a few weeks ago, acknowl- So we have 240 of the worst of the day, people are very well treated, hu- edged that many of the prisoners at worst, and the President correctly manely treated. They have gotten a Gitmo now are never going to have a went through the different things that whole lot better medical and dental trial. They are simply being held until can happen to them. Some of them—a care than they ever got or could have the termination of the hostilities that limited number—will be tried in U.S. hoped to have gotten in their home have caused them to be captured and courts, such as this terrorist Ghailani countries, fighting us on the battlefield imprisoned in the first place. They are whom Senator DURBIN spoke of earlier of Afghanistan or somewhere else. like prisoners of war who can be de- this morning. It is hard to do. There The bottom line is, this is a top-rate tained until the war is over. are a lot of issues with it. But we will facility. The people there do not mis- Here, however, they do not even have try to try some of them. treat prisoners. That is the myth. the rights of prisoners of war under the Others can be tried with military Somehow people conflate what hap- Geneva accords because they do not ad- commissions. Others will not be able to pened at Abu Ghraib with Guanta- here to the rules of war, they do not be tried. They will have to be held. namo. This brings up the last point. It fight with uniforms for a nation state, There may be a few whom we deem no is argued by my colleague from Illinois and so on. They, in fact, are terrorists. longer a threat to us and they will and others that, well, terrorists recruit So they are still allowed humane treat- have to be released but to whom no- based upon the existence of Guanta- ment, but they do not have the same body knows because nobody appears to namo prison. rights as prisoners of war. want—well, the French will take one of Think about that for a moment. Are What that means is—as the President them, and I think there may be an- we going to say because terrorists ac- acknowledged, as the U.S. Supreme other European country that said— cuse us of doing something wrong— Court has acknowledged—we have a maybe the Germans will take one. even though we did not—we are going right to hold them until the cessation That still leaves a lot to go. to stop any activity in that area be- of hostilities so they do not kill any So the bottom line is, many are cause we want to take away that as a more people. We cannot just turn them going to have to be detained. The ques- recruitment tool? We would have to ba- loose. tion is, Where do we detain them? My sically go out of business as the United

VerDate Nov 24 2008 00:22 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.011 S09JNPT1 jbell on PROD1PC69 with SENATE June 9, 2009 CONGRESSIONAL RECORD — SENATE S6327 States of America if we are going to The real tragedy is not just that most vulnerable among us, and recog- take away all that terrorists use to re- adults choose to smoke and harm their nizing the fact that it kills so many cruit people to fight the West. They do health—and many of whom, unfortu- people and increases our health care not like the way we treat women with nately, die premature deaths as a re- costs not only in Medicare but in Med- equality in the United States. They do sult—it is that many smokers begin icaid—why in the world wouldn’t we not like a lot of our social values and their addiction to tobacco—the nico- ban it? I know the Senator from Okla- mores. They do not even like the fact tine, which is the addictive substance homa has said maybe the world would that we hold elections. within tobacco—when they are young, be a better place if tobacco wasn’t So because that is used as a recruit- before they are able to make intel- legal. Well, we all know that is a slip- ment tool, we are going to stop doing ligent choices about what to do with pery slope for the individual choices we all of that? What sense does this make? their bodies and their health. make. If we were to ban tobacco, we We treat people humanely and properly Every day about 1,000 children be- might as well ban fatty food; we might at Guantanamo. People were mis- come regular daily smokers. Medical as well ban alcohol. Obviously, the gov- treated in another prison called Abu professionals project that about one- ernment would become essentially the Ghraib. They are not the same. Abu third of these children will eventually dictator of what people could and could Ghraib, therefore, does not represent die prematurely from a tobacco-related not do and consume, and I don’t think the example of what we should be doing disease. the American people would tolerate it with respect to Guantanamo. Not surprisingly, at a time when we and I think with some good reason. We will have more debate on this are contemplating health care reform We have to accept individual respon- subject. I note the time is very short, in this country, the huge expense of sibility for our choices. But, again, and I meant to leave a little time for health care and the fiscal when you target a deadly drug such as my colleague from Texas. I hope to en- unsustainability of the Medicare pro- tobacco and nicotine—this addictive gage my colleagues in further con- gram, it is also important to point out component of tobacco to children— versation about this issue. The Amer- that tobacco directly increases the cost that, to me, crosses the line where we ican people do not want people from of health care in our country. More ought to say the Federal Government Gitmo put into their home States. than $100 billion is spent every year to does have a responsibility to allow this The PRESIDING OFFICER. The Sen- treat tobacco-related diseases—$100 bil- legal product, if it is going to remain ator from Texas. lion of taxpayer money—and about $30 legal, to be used but under a regulatory Mr. CORNYN. Madam President, I billion of that is spent through our regime that will protect the most vul- ask unanimous consent to speak in Medicaid Program. nerable among us. Many States have effective ways to morning business for 15 minutes. America has a love-hate relationship deal with underage use of tobacco. I The PRESIDING OFFICER. Without with tobacco, and Congress, I should think the regime in my State of Texas objection, it is so ordered. say, and State government does as Mr. CORNYN. I thank the Presiding well. My colleagues will recall that to- works pretty well, but it is spotty and not uniform across the country; thus, I Officer. bacco actually presents a revenue think, necessitating a Federal re- f source for the State and Federal Gov- ernment. One of the most recent in- sponse. This bill—which, as I say, should be FAMILY SMOKING PREVENTION stances is when Congress passed a 60- our last resort, and in many ways it AND TOBACCO CONTROL ACT cent-plus additional tax on tobacco in is—increases Federal regulation, I be- Mr. CORNYN. Actually, Madam order to fund an expansion of the State President, I intend to speak on the un- lieve, in a responsible way, under an Children’s Health Insurance Program. imperfect situation, where this legal derlying bill. But because the bill man- So government has become addicted to but deadly drug is used by so many ager is not here, I think my remarks tobacco, too, because of the revenue people in our country. are just as appropriate in morning stream it presents, and that is true at This bill gives the Food and Drug Ad- business. the Federal level and at the State ministration the authority to regulate I rise to offer my support as a co- level. the manufacturing, marketing, and sponsor of the Family Smoking Pre- However, because of the political sale of tobacco products. It would re- vention and Tobacco Control Act, the clout of tobacco companies years back, strict marketing and sales to our so-called FDA regulation of the to- when the FDA regulation statute was young people. It would require tobacco bacco bill that is currently before the passed, tobacco was specifically left companies to disclose all the ingredi- Senate. out of the power of the FDA to regu- ents in their products to the FDA. This is a rarity these days in Wash- late this drug. The active ingredient I There have been various revelations ington. It is actually a bipartisan bill— mentioned is nicotine, which was not over time that there were actually ef- people of both parties working together acknowledged to be an addictive drug forts made by tobacco companies to to try to solve a real problem—and I for many years until finally the Sur- provide an extra dose of the addictive want to particularly thank Senator geon General did identify it for what it component of tobacco, which is nico- KENNEDY and Senator DODD for their was: an addictive drug that makes it tine, in order to hook people at a leadership on the bill. I also want to harder for people, once they start younger age. I think by providing for thank the Campaign for Tobacco-Free smoking, to quit. disclosure of all the ingredients of Kids for organizing more than 1,000 Then, of course, we tried litigation to these products to the FDA, and thus to public health groups, faith-based orga- control tobacco and the spread of mar- the American people, we can give peo- nizations, medical associations, and keting tobacco to children and addict- ple at least as much information as we other partners to support this legisla- ing them to this deadly drug, which it possibly can to make wise choices with tion. is. Then, we found out it had basically regard to their use of tobacco, or not, The House, as we know, passed the no impact, that massive national liti- preferably. It would require larger and bill in April on a bipartisan basis, and gation through the attorneys general stronger health warnings on tobacco now it is time for the Senate to do its in the States. Basically, the only thing products. job this week. that happened as a result of that is This bill would also protect our This comes to us in a rather unusual lawyers got rich, but it didn’t do any- young people and taxpayers as well. historical and regulatory posture. The thing to deal with the problem of mar- Smokers will pay for the enforcement fact is, we know tobacco is a killer. It keting tobacco to children. of these regulations through user fees is a killer. It kills 400,000 Americans One might ask, as a conservative: on manufacturers of cigarettes, ciga- each year in the United States, includ- Why would one support more regula- rette tobacco, and smokeless tobacco ing 90 percent of all deaths from lung tion rather than less? Well, because of products. Nonsmokers will not have to cancer, one out of every three deaths this split personality the Federal Gov- pay any additional taxes or fees as a from other types of cancer, and one out ernment has in dealing with tobacco— result of this bill. of every five deaths for cardiovascular recognizing it is a deadly drug, recog- I hope this bill does some good. I disease. nizing marketing often targets the think it will. But the key to reducing

VerDate Nov 24 2008 00:22 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.012 S09JNPT1 jbell on PROD1PC69 with SENATE S6328 CONGRESSIONAL RECORD — SENATE June 9, 2009 smoking is for individuals to make bet- you put it in your mouth and you take their own health and for the health of ter choices and for our culture to it expecting it actually to be effective their family. change, as it has already changed, against the medical condition you I yield the floor and suggest the ab- when it comes to consumption of to- want to treat. The FDA is a regulatory sence of a quorum. bacco products. I think about other ex- agency that is supposed to determine The PRESIDING OFFICER. The amples over time where our culture has not only safety of food and drugs but clerk will call the roll. changed to where we now do things also their efficacy. The assistant legislative clerk pro- that are safer and better today than we There is a certain anomaly in giving ceeded to call the roll. used to when I was growing up. For ex- the FDA regulatory authority for Mrs. BOXER. Madam President, I ask ample, when I was growing up, seatbelt something we know will kill people— unanimous consent that the order for use was very sparse. As a matter of and does, in fact, kill hundreds of thou- the quorum call be rescinded. fact, you could buy a car, and if you sands of people—when used as intended The PRESIDING OFFICER. Without wanted a seatbelt, you would have to by the manufacturer, but I think this objection, it is so ordered. have somebody install it for you be- is a step in the right direction. I think f cause it didn’t come as original, manu- the world would be a better place—we EXTENSION OF MORNING factured equipment. Today we know would all certainly be healthier—if BUSINESS people chose not to use tobacco, and seatbelt use is not only much broader Mrs. BOXER. Madam President, I ask many have made that choice due to the and more widely spread, but you can’t unanimous consent that the period of cultural influences we have mentioned, get into a car and turn it on without morning business be extended until as well as some of the economic incen- being dinged to death or otherwise re- 12:30 p.m., with Senators permitted to tives that are provided by employers. minded that you need to put your seat- speak for up to 10 minutes each. belt on. The truth is it has made driv- As we undertake the task of reform- ing our health system in America, The PRESIDING OFFICER. Without ing in cars a lot safer. It has kept peo- objection, it is so ordered. ple healthier, even in spite of accidents something that comprises 17 percent of f they have been involved in, and it our gross domestic product, I think we has—not coincidentally—helped reduce could well learn from some of the suc- FAMILY SMOKING PREVENTION medical admissions and medical ex- cessful experiences and experiments AND TOBACCO CONTROL ACT penses as well. some employers have used and some Mrs. BOXER. Madam President, I We know there is also today a great- workers have used when it comes to came to the floor to speak in support of er societal stigma against drunk driv- drugs such as tobacco. For example, the Family Smoking Prevention and ing. That was not always the case. As one large grocery company Tobacco Control Act and also to ex- headquartered out in California— a matter of fact, as a result of many press my gratitude to Senator KEN- Safeway—which also has many employ- years of public education and stricter NEDY and my colleagues who have law enforcement, now people take a ees in Texas, as an employer, they no- pushed so hard for the consideration of much smarter and well-informed view ticed that 70 percent of their health this important bill. I am so pleased of drinking and particularly the risks care costs were related to individual about the vote last night which al- of drinking and driving. We know also behavior, things such as diet, exercise, lowed us to move forward on this bill. that many Americans, in dealing with and, yes, indeed, smoking. They recog- This would be a historic accomplish- energy, are dealing more responsibly nized that if they could encourage ment for this Senate, the House, and by recycling and conserving energy. Of their employees to get age-appropriate for the President. I am at a loss to un- course, millions of Americans are try- diagnostic procedures for cancer— derstand how Senators could stand in ing to do better when it comes to eat- colon cancer, for example—if they opposition to this important legisla- ing right and exercising more fre- could encourage their employees to tion. To prove the point, I could ask a quently so they can protect their own quit smoking, if they could encourage couple of questions: health and engage in preventive medi- their employees to watch their weight What is the leading cause of prevent- cine, so to speak. and get exercise and to watch their able death in this country, killing over Government can’t do it all because, blood pressure and take blood pressure 400,000 Americans a year? The leading as I said earlier, I think individuals medication where indicated, where cause of preventable death is tobacco. bear a responsibility to make good they could encourage them to take What causes more deaths than HIV/ choices. One thing government can do cholesterol-lowering medication, if AIDS, illegal drug use, alcohol use, is help inform those choices. I think they had high cholesterol, that they motor vehicle accidents, suicides, and this regulation bill will help smokers could not only have healthier, more murders combined? I guess if you ask make better decisions by knowing productive employees, they could actu- people out there, they may not know what is in the tobacco product and al- ally bring down the costs of health care that the answer is tobacco. lowing the FDA to regulate this drug. for their employees as well as their What are the only products on the I believe the real drivers of change, own costs. I think Safeway is just one market that kill one-third of their pur- though, are not just the government, example of many successful innovators chasers? Madam President, if you had a not the nanny State that will tell us across this country, where people are health device or any product that kills what we can and cannot do, but cul- encouraged to do the right thing for one-third of its purchasers, we would tural influences and, indeed, economic themselves and for their employers and outlaw that product in a heartbeat. We incentives which are more powerful for their families. I think these are the are not outlawing tobacco; we are sim- than government regulations in influ- kinds of issues that ought to guide us ply saying tobacco needs to be con- encing individual behavior. as we debate health care reform during trolled by the FDA. Remember, the Some have said: Why in the world the coming weeks. only product on the market that kills would we give tobacco regulation to I believe this legislation fills the nec- one-third of its purchasers is tobacco, the Food and Drug Administration, a essary gap in FDA’s regulatory author- if used as directed. Federal agency with the primary job of ity, an agency that regulates every- I could go on and on with these rhe- determining safety of food and drugs thing from food to prescription drugs, torical questions. Clearly, we know to- and medical devices as well as efficacy. to medical devices. The only reason to- bacco is the only product on the mar- As a matter of fact, many people have bacco was left out of it is because of ket that is advertised and sold without been tempted to buy prescription the political clout of tobacco years any government oversight. drugs, let’s say, over the Internet but ago. This legislation fills that gap and I don’t understand how 35 or so of our not knowing where they were actually I think presents the most pragmatic colleagues think the answer to our manufactured, whether they were actu- approach to try to deal with the pushing for this is no. But then again, ally counterfeit drugs. So there is not scourge of underage smoking and mar- that is the answer we get back from only the question of safety—in other keting to children, as well as informing the other side of the aisle a lot. I am words, if you put it in your mouth, is it consumers of what they need to know very grateful to the eight or nine Re- going to poison you—but it is also if in order to make smart choices for publicans who joined us. Without them,

VerDate Nov 24 2008 00:22 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.013 S09JNPT1 jbell on PROD1PC69 with SENATE June 9, 2009 CONGRESSIONAL RECORD — SENATE S6329 we wouldn’t be here today. As I did on years, now that we know the risks of the best way is to prevent someone the stimulus, thanking those three who tobacco? There were reasons in the from getting addicted in the first had the bravery to say yes, I thank the early years when we didn’t know how place. eight or nine who had the bravery to serious it was. That is one thing. But I don’t want my grandkids being say yes and move to regulate tobacco. here they have a situation where re- lured into smoking by looking at a box Food is regulated. Drugs are regulated. cently they raised the amount of nico- of candy cigarettes and trying one, Consumer products are regulated. To- tine. There is no rhyme or reason for two, three, and four. I don’t want that bacco is not. We know this bill could that. for anybody’s grandkids. If people de- prevent 80,000 tobacco-related deaths This bill will give the FDA the au- cide when they are older, when they every year. thority to require stronger warning la- know all of the facts, that they are It makes me sad to think that over bels, prevent industry misrepresenta- going to smoke, in many ways that is the years our failure to address this tions, and regulate ‘‘reduced harm’’ their problem. But it is our job to let issue is having the greatest impact on claims about tobacco products. If you them know the risks and dangers. Very our Nation’s children. Ninety percent die because you use smokeless tobacco clearly, we have been dancing around of all new smokers are children. I have but say you die from a heart attack, the edges with these little warning la- spoken to the tobacco executives and you are still dead. This Congress and bels, but we have not controlled to- watched them being interviewed. ‘‘Oh, the President have committed to re- bacco. We need to do that. we just don’t want kids to get our prod- ducing health care costs through com- I urge all of my colleagues on both ucts.’’ Please. It is embarrassing that prehensive reform. This legislation is sides of the aisle—again, thanking the they can say that with a straight face such an important step on the way be- eight or nine Republicans for joining when they have invented all kinds of cause lung cancer is a preventable dis- us—to make an investment in the new products, including tobacco candy. ease. It is preventable, as well as the health of the American people and sup- You know, there is an old cliche that heart risks associated with smoking. port this legislation. ‘‘this is so easy, it is like giving candy Investing in prevention and wellness I yield the floor and suggest the ab- to a baby.’’ We know kids love candy, will enable us to increase access to sence of a quorum. and what happens if you lace that quality health care while reducing The PRESIDING OFFICER. The candy with an addictive product? The costs. clerk will call the roll. answer is that we get a lot of kids Tobacco use results in $96 billion in The assistant legislative clerk pro- hooked on tobacco who cannot quit annual health care costs, and in Cali- ceeded to call the roll. when they get older. fornia alone—my State—we spend $9.1 Mrs. BOXER. Madam President, I ask Claims by the tobacco industry that billion on smoking-related health care unanimous consent that the order for these products are safe alternatives to costs. Everybody who has a heartbeat the quorum call be rescinded. smoking and they are not designed to and a pulse today knows that my State The PRESIDING OFFICER. Without attract kids, frankly, just don’t add up. suffers mightily from a terrible budget objection, it is so ordered. You know what they are doing. We crisis—$20 billion. We don’t know f know adult smokers are finally saying where to look, what to do. People never no; they are quitting, thank goodness. put together the fact that smoking is ORDER OF PROCEDURE It is very difficult. I have watched it up causing our health care costs to swell. Mrs. BOXER. Madam President, I ask close with family and friends, and some If my State could save $9.1 billion on unanimous consent that the order for of them who quit for 2, 3 years go right smoking-related health care costs, that the vote with respect to the Burr- back again, and it is worse than ever. really saves the education system and Hagan amendment be modified to pro- This isn’t easy. Don’t say you are cre- a lot of other important things we do vide that the vote occur at 4:20 p.m. ating a safer product when you create in our State. under the same conditions as pre- tobacco candy, a smokeless tobacco. Preventive medicine and giving the viously ordered. We know smokeless tobacco can lead authority to the FDA to vigorously en- The PRESIDING OFFICER. Without to oral cancer, gum disease, heart at- force some strict, new laws about ciga- objection, it is so ordered. tacks, heart disease, cancer of the rettes is going to make a positive dif- Mrs. BOXER. Madam President, I esophagus, and cancer of the stomach. ference. I am proud to be here in sup- suggest the absence of a quorum. Smokeless tobacco products are only port of this important legislation. The PRESIDING OFFICER. The the latest effort by the tobacco compa- I wish to say again to Senator KEN- clerk will call the roll. nies to market tobacco products that NEDY, if he is watching this debate, The assistant legislative clerk pro- they claim pose a reduced risk. how much I respect, admire, and miss ceeded to call the roll. Cigarettes contain 69 known carcino- him and his presence here on this bill. Mr. LEAHY. Madam President, I ask gens and hundreds of other ingredients If he were here, he would be roaring unanimous consent that the order for that contribute to the risk of all of the from the back of the Chamber about the quorum call be rescinded. diseases I mentioned. Yet the tobacco this, in the best of ways, and chal- The PRESIDING OFFICER. Without industry is not required to list the in- lenging us to move forward on this bill objection, it is so ordered. gredients of its products as all food as quickly as we can. f products have to do. We have a right to The House has acted. Once the Sen- JUDGE SONIA SOTOMAYOR know the calories, sugar, protein, and ate acts, we can have a conference—or all those things when we eat food, but maybe the House will take the Senate Mr. LEAHY. Madam President, for for cigarettes they don’t have to list bill—and this bill will be on the Presi- the sake of my colleagues, I want to the ingredients. dent’s desk before we do health care re- talk about the timing of the Judge The bill will make it so that we fi- form. Imagine what a great preamble Sotomayor nomination. nally know what is contained in these this would be to health care reform— I talked with the distinguished rank- products. The legislation will grant the tackling this incredible problem in our ing member last week on this schedule, FDA the authority to ban the most society, tobacco use, an incredible and I would note the concerns he harmful chemicals used in tobacco and problem in our society that causes so raised, but I am announcing today that even to reduce the amount of nicotine. much suffering and dependence and so the Senate Judiciary Committee will A 2006 Harvard School of Public much addiction, so much cost—if we hold the confirmation hearing on the Health study revealed that the average are able to tackle this as a preamble to nomination of Judge Sonia Sotomayor amount of nicotine in cigarettes actu- our health care reform, I would be so to be Associate Justice of the U.S. Su- ally rose 11.8 percent from 1997 to 2005. proud. I know each and every one of us preme Court on July 13. How can my colleagues on the other who will support this will be very I have talked and met with Senator side, who voted pretty much en masse proud. I know President Obama will be SESSIONS, the committee’s ranking against this bill, say we should just very proud. He has struggled with to- member, several times to discuss the keep it open to amendment? How can bacco addiction. He knows how tough scheduling of this hearing. I will con- they explain that even after all these it is to say no to cigarettes. Clearly, tinue to consult with Senator SESSIONS

VerDate Nov 24 2008 00:22 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.015 S09JNPT1 jbell on PROD1PC69 with SENATE S6330 CONGRESSIONAL RECORD — SENATE June 9, 2009 to ensure that we hold a fair hearing. I mention that because I have put to- tions, it would be helpful for his suc- We were able to work cooperatively to gether a schedule that tracks the proc- cessor to be confirmed and able to take send a bipartisan questionnaire to ess the Senate followed, by bipartisan part in the selection of cases as well in Judge Sotomayor within one day of her agreement, in considering President preparing for their argument. designation by President Obama. Last Bush’s nomination of John Roberts to I am merely following the timeline week the committee received her re- the Supreme Court in 2005. At that we followed with the Roberts nomina- sponse to that questionnaire. We also time, I served as the ranking minority tion. The timeline for the Alito nomi- received other background information member of the Judiciary Committee. I nation provides no reason to delay the from the administration, as well as the met with our Republican chairman, hearing for Judge Sotomayor. It pre- official Presidential nomination. and we worked out a schedule which sented a very different situation in This is a reasonable schedule. It will provided for Chief Justice Roberts’ many ways. For one thing, that nomi- be the middle of next month. It is in hearing 48 days after he was named by nation was made with no consultation line with past experience. It will allow President Bush. by President Bush. By contrast, Presi- several more weeks for committee I might say that the agreement on dent Obama devoted several weeks to members to prepare for the hearing— time was reached even before the com- consultation with both Republicans several more weeks than if I had held mittee received the answers to the bi- and Democrats before making his se- the hearing this month—and there is partisan questionnaire. And while Jus- lection. The Alito nomination was no reason to unduly delay the consider- tice Roberts—then Judge Roberts—had President Bush’s third nomination to ation of this well-qualified nominee. not written as many opinions as Judge succeed Justice O’Connor. It followed 4 Judge Sotomayor deserves the oppor- Sotomayor, he had been in a political months of intense effort by the Judici- tunity to go before the public and policy position in Republican adminis- ary Committee, beginning with Justice speak of her record, especially as some trations for years before, and there O’Connor’s announcement on July 1. And finally, the Christmas holidays have mischaracterized and misstated were 75,000 pages of documents from helped account for the timing of those it. The only place she can speak of her that time. In fact, some arrived almost hearings. I do not believe Bastille Day record is in a hearing. on the eve of the hearing itself. And, of requires us to delay the confirmation It is also a responsible schedule that course, that nomination replaced Jus- serves the many interests involved. Of hearings for the first Hispanic nomi- tice O’Connor, who was recognized as a nated to the Supreme Court for an ad- course, first and foremost is the Amer- pivotal vote on the Supreme Court. ican people’s stake in a process that is ditional 6 weeks. If something that significant re- Some may recall that Justice O’Con- fair and thorough but not needlessly quired 48 days, and Republicans and nor’s resignation in 2005 was contin- prolonged. It serves the purpose of the Democrats agreed that was sufficient gent on the ‘‘nomination and confirma- institution of the Senate, where we to prepare for that hearing, in accord- tion of [her] successor.’’ She continued need sufficient time to prepare for a ance with our agreement on the initial to serve on the Supreme Court when its confirmation hearing. We have a full schedule, certainly that is a precedent new term began in October 2005, and legislative plate of additional pressing that says we have more than adequate until Justice Alito was confirmed at business in the weeks and months time to prepare for the confirmation the end of January 2006. In addition, ahead that is of great importance to hearing for Judge Sotomayor. proceedings to fill that vacancy in- our constituents and to the Nation. My initial proposal to Senator SES- volved a more extended process, not Then, of course, it serves the need of SIONS was that we begin the hearing on only because Justice O’Connor rep- the third branch of government, which July 7, following the Senate’s return resented a pivotal vote on the Supreme depends on the other branches of gov- from the Fourth of July recess. I have Court on so many issues, but because ernment to fill court vacancies in our deferred the start date to July 13 in an President Bush first nominated John independent judiciary. It serves the effort to accommodate our Republican Roberts and then withdrew that nomi- needs of the President who has nomi- members. With bipartisan cooperation, nation, then nominated Harriet Miers nated Judge Sotomayor. And lest we we should still be able to complete Ju- and withdrew her nomination when Re- forget, it serves the needs of the nomi- diciary Committee consideration of the publicans and conservatives revolted, nee herself, who as a judge will only be nomination during the last week in and finally nominated Samuel Alito. able to speak publicly about her record July, and allow the Senate to consider The nomination of Judge Alito was the when the hearings are convened. the nomination during the first week third Supreme Court nomination that This is an extremely important obli- in August, before the Senate recesses the Senate was asked to consider, and gation that we as Members of the Sen- on August 7. followed the withdrawal of the Miers ate take on. There are only 101 people In selecting the date, I am trying to nomination by only 3 days. who get a direct say in the nomination be fair to all concerned. I want to be Given that sequence of events, and and confirmation of a Justice of the fair to the nominee, allowing her the the then upcoming Christmas holiday, Supreme Court. First and foremost, of earliest possible opportunity to re- that hearing on the late October nomi- course, the President of the United spond to attacks made about her char- nation of Samuel Alito was appro- States—and in this case, President acter. It is not fair for critics to be priately scheduled by the Republican Obama consulted with numerous Sen- calling her racist—one even equating Chairman to begin after the New Year. ators, Republicans and Democrats her with the head of the Ku Klux Klan, In addition, Judge Alito did not return alike—prior to making his nomination. an outrageous comment, and both Re- his questionnaire until November 30. Then once the nomination is made, 100 publicans and Democrats have said it His hearing was held 40 days after his Members of the Senate have to stand in was outrageous—without allowing her questionnaire was returned, which in- for 300 million Americans in deciding the opportunity to speak to it, and she cludes the Christmas and the holiday who will get that lifetime appoint- can’t speak to it until she is in the period. That is substantially equiva- ment. I voted on every single current hearing. lent to the 39 days between the time re- member of the Supreme Court, as well I also want to conclude the process ceipt of Judge Sotomayor’s question- as some in the past, and I know how without unnecessary delay so that she naire response and her hearing. important an obligation that is. might participate fully in the delibera- Of course, in the case of the current The Justice who takes Justice tions of the Supreme Court selecting nomination, Judge Sotomayor had Souter’s place for the court session cases and preparing for its new term. been reported to be a leading candidate that convenes October 5 also needs as In his May 1 letter to President Obama, for the vacancy as soon as it arose on much time as possible to hire law Justice Souter announced his resigna- May 1, and her record was being stud- clerks, to set up an office, to find a tion effective ‘‘when the Supreme ied from at least that time forward. place to live here in Washington, and Court rises for the summer recess this The right wing groups attacking her to take part with the rest of the Court year,’’ which will happen later this were doing so long before she was in the preparatory work that precedes month. Thereafter, the Supreme Court named by the President on May 26, and the formal start of the session on the prepares for the next term. To partici- those attacks have intensified since first Monday in October. pate fully in the upcoming delibera- her designation.

VerDate Nov 24 2008 00:22 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.016 S09JNPT1 jbell on PROD1PC69 with SENATE June 9, 2009 CONGRESSIONAL RECORD — SENATE S6331 I do not want to see this historic and proceeded to nominate John Rob- ruption of votes, without the interrup- nomination of Sonia Sotomayor treat- erts to succeed the Chief Justice, in- tion of the regular Senate business—to ed unfairly or less fairly than the Sen- stead. We did not insist that the proc- prepare for the hearings. I would advise ate treated the nomination of John ess start over; rather, we continued to those Senators who feel they have to Roberts. In 2005, when President Bush move forward. It was the aftermath of have extra time to forgo your vacation made his first nomination to the Su- Hurricane Katrina, with its destruction and spend that week preparing for the preme Court, Senator MCCONNELL, who and toll in damage and human life, hearing. Holding Judge Sotomayor’s was the majority whip, said the Senate that pushed the start of the hearings hearing on July 13 will, in effect, afford should consider and confirm the nomi- back 1 week, by bipartisan agreement. 10 weeks for them to have prepared. nations within 60 to 70 days. We worked We were still able to complete Senate Because this is a historic nomina- hard to achieve that. consideration and the Senate con- tion, I hope all Senators will cooperate. The nomination of Judge Sotomayor firmed John Roberts to be the Chief It is a schedule that I think is both fair should more easily be considered with- Justice 72 days after he was initially and adequate—fair to the nominee, but in that timeframe. Judge Sotomayor designated to be an Associate Justice. also adequate for the Senate to prepare has been nominated to succeed Justice We did this despite the fact his initial for the hearing and Senate consider- Souter, a like-minded, independent and nomination was withdrawn and only ation. There is no reason to indulge in fair Justice, not bound by ideology, but shortly before his hearing he was re- needless and unreasonable delay. one who decided each case on its merits nominated to serve as the Chief Justice I say this is a historic nomination be- and in accordance with the rule of law. of the Supreme Court. And we did this cause it should unite and not divide the We have the added benefit of her career despite the terrible aftermath of Hurri- American people and the Senate. Hers being one that includes her service on cane Katrina, where everybody—Re- is a distinctly American story. Wheth- the judiciary for the past 17 years. Her publicans and Democrats alike—agreed er you are from the south Bronx or the judicial decisions are matters of the that we should hold back a week on the south side of Chicago or south Bur- public record. Indeed, when my staff hearings so we could all concentrate lington, VT, the American dream in- assembled her written opinions and of- the Nation’s resources on Hurricane spires all of us. Her life story is the fered them to the Republican staff, Katrina. So that required a week’s American dream. And so, I might add, they declined, because they already delay. If we followed the same sched- is the journey of the President who had them and were reviewing them. We ule, 72 days after Judge Sotomayor was nominated her. have the benefit of her judicial record nominated to the Supreme Court would Some are simply spoiling for a fight. being public and well known to us. We be August 6—and we will not have to There have been too many unfair at- have the benefit of her record having lose 7 of those days to Hurricane tacks, people unfairly calling her rac- been a subject of review for the last Katrina. ist and bigoted. I know Sonia month, since at least May 1, when she Her historic nomination should be Sotomayor, and nothing could be fur- was mentioned as a leading candidate treated as fairly as the nomination of ther from the truth. These are some of to succeed Justice Souter. We have the John Roberts was treated by the Sen- the same people who vilify Justice benefit of having considered and con- ate. Given the outrageous attacks on Souter and Justice O’Connor. Ameri- firmed her twice before, first when Judge Sotomayor’s character, I do not cans deserve better. There are others nominated to be a judge by a Repub- think it fair to delay her hearing. I who have questioned her character and lican President and then when elevated cringed when I was told that, during temperament. She deserves a fair hear- to the circuit court by a Democratic the courtesy visit Judge Sotomayor ing, not a trial by attack and assaults President. We have the benefit of not paid to Senator MCCONNELL, reporters upon her character. So let’s proceed to having to search through Presidential shouted questions about conservatives give her that fair hearing without un- libraries for work papers of the nomi- calling her a racist. She had to sit necessary delay. nee. By contrast, the 75,000 pages of there silently and could not respond. I am also disappointed that some work papers for John Roberts required She deserves that opportunity as soon have taken to suggesting that after 17 extensive time and effort to retrieve as possible. years as a Federal judge, including 11 them from Presidential libraries and to The hearing is the opportunity for all as a member of the U.S. Court of Ap- overcome claims of privilege. In fact, Senators on the Judiciary Committee, peals for the Second Circuit, Judge they were still being received just days both Republicans and Democrats, to Sotomayor does not understand ‘‘the before the hearing. ask questions, to raise concerns, and to judge’s role.’’ I know her to be a re- To delay Judge Sotomayor’s hearing evaluate the nominee. As Senator SES- strained and thoughtful judge. She has until September would double the SIONS’ Saturday radio speech ably dem- reportedly agreed with judges ap- amount of time that Republicans and onstrates, Republican Senators are al- pointed by Republican Presidents 95 Democrats agreed was adequate to pre- ready prepared to ask their questions. percent of the time. Let us respect her pare for Judge Roberts’ hearing. That Last week, we were considering an- achievements, her experience and her would not be fair or appropriate. That other judicial nomination at the meet- understanding. Let no one demean this would not be equal treatment. ing of the Judiciary Committee when extraordinary woman or her under- Unlike the late July nomination of Senator KYL suggested that he may op- standing of the constitutional duties John Roberts, this nomination of pose all of President Obama’s nominees she has faithfully performed for the Judge Sotomayor by President Obama given what he views as the criteria last 17 years. I urge all Senators to join was announced in May. Unlike the res- President Obama is considering in se- with me to fulfill our constitutional ignation of Justice O’Connor that was lecting them. Republicans have ques- duties with respect. not announced until July, the retire- tioned whether her recognition that I have said many times on the floor ment of Justice Souter was made offi- she brings her life experience with her, of this great body over my 35 years cial on May 1. Given that the vacancy as all judges do, is somehow disquali- here that as Senators we should be the arose 2 months earlier, and the nomi- fying. conscience of the Nation, as we are nation was made after bipartisan con- Our Republican colleagues have said called upon to be. There have been oc- sultation 2 months earlier, by fol- they intend to ask her about her judi- casions when this Senate—Republicans lowing the Roberts roadmap, we should cial philosophy. It doesn’t take a and Democrats alike—has united and be able to complete the process 2 month to prepare to ask these ques- shown they can be the conscience of months earlier. We should be able to tions. In fact, most of them have al- the Nation. I would say this is one time complete the entire process by the ready raised the questions. They will we should rise above partisanship and scheduled recess date of August 7. surely be prepared to ask them more be that conscience. Of course, while the Roberts nomina- than a month from now. And during When I met with Judge Sotomayor, I tion was pending, Chief Justice that month, we have a week’s vacation asked her about her approach to the Rehnquist passed away and President from the Senate. I intend to be using law. She answered that, of course, Bush decided to withdraw the initial that week—without the interruption of one’s life experience shapes who you nomination to be an Associate Justice, committee hearings, without the inter- are, but ultimately and completely—

VerDate Nov 24 2008 00:22 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.017 S09JNPT1 jbell on PROD1PC69 with SENATE S6332 CONGRESSIONAL RECORD — SENATE June 9, 2009 her words—as a judge, you follow the of the longtime and storied New York The bill clerk proceeded to call the law. There is not one law for one race District Attorney, Robert Morgenthau. roll. or another. There is not one law for I appreciate that she has shown re- Mr. BROWN. Madam President, I ask one color or another. There is not one straint as a judge. We do not need an- unanimous consent the order for the law for rich, a different one for poor. other Supreme Court Justice intent on quorum call be rescinded. There is not one law for those who be- second-guessing Congress, undercut- The PRESIDING OFFICER. Without long to one political party or another. ting laws passed to benefit Americans objection, it is so ordered. There is one law for all Americans. And and protect their liberties, and making f she made it very emphatic that as a light of judicial precedent. judge, you follow that one law. President Obama handled the selec- HEALTH INSURANCE There is only one law. We all know tion process with the care that the Mr. BROWN. Madam President, in that. She said, ultimately and com- American people expect and deserve, 1945, President Truman delivered a pletely a judge has to follow the law, and met with Senators from both sides speech to a joint session of Congress, in no matter what their upbringing has of the aisle. Senator SESSIONS sug- which he declared: been. That is the kind of fair and im- gested to the President that it was im- Millions of our citizens do not now have a partial judging that the American peo- portant to nominate someone with a full measure of opportunity to achieve and ple expect. That is respect for the rule judicial record. Judge Sotomayor has enjoy good health. Millions do not now have of law. That is the kind of judge she more judicial experience than any protection or security against the economic has been. nominee in recent history. effects of sickness. The time has arrived for The purpose of the hearing is to I wanted someone outside the judi- action to help them attain that opportunity and that protection. allow Senators to ask questions and cial monastery, and whose experiences raise their concerns. It is also the time were not limited to those in the rari- That was said by President Truman, the American people can see the nomi- fied air of the Federal appellate courts. 10 or 11 Presidents ago, perhaps six dec- nee, consider her temperament and Her background as someone who was ades ago, and 64 years later we are still evaluate her character, too. I am dis- largely raised by a working mother in fighting to provide that opportunity appointed that some Republican Sen- the South Bronx, who has never forgot- and that protection. ators have declared that they will vote ten where she came from, means a A severely weakened economy, grow- no on this historic nomination and great deal to me. Judge Sotomayor has ing unemployment, rising health care have made that announcement before a first-rate legal mind and impeccable and health insurance costs, and declin- giving the nominee a fair chance to be credentials. I think she combines the ing employment-based insurance are heard at her hearing. It is incumbent best of what Senator SESSIONS and I all factors contributing to the current on us to allow the nominee an oppor- recommended that the President look health care crisis. Today, 47 million tunity to be considered fairly and allow for in his nominee. Americans are uninsured. An addi- The Supreme Court’s decisions have her to respond to false criticism of her tional 25, 30, 35, as many as 40 million a fundamental impact on Americans’ record and her character. Those who Americans are underinsured and mil- everyday lives. One need look no fur- are critical and have doubts should lions of Americans are either under- ther than the Lilly Ledbetter and support the promptest possible hear- insured or uninsured and are saddled Diana Levine cases to understand how ing. That is where questions can be with catastrophic medical debt. just one vote can determine the Court’s Closing the health care gap will dra- asked and answered. That is why we decision and impact the lives and free- hold hearings. matically improve the public’s health. doms of countless Americans. It will also lead predictability to na- Judge Sotomayor is extraordinarily I believe Judge Sotomayor will con- well equipped to serve on the Nation’s tional health spending, which is essen- tinue to do what she has always done tial if we are going to get health care highest court. To borrow the phrase as a judge—applying the law to the that the First Lady used last week, not costs under control. case before her. I do not believe she Closing the health care gap would only do I believe that Judge Sotomayor will act in the mold of conservative ac- dramatically reduce personal bank- is prepared to serve all Americans on tivists who second-guess Congress and ruptcies, more than half of which re- the Supreme Court, I believe the coun- undercut laws meant to protect Ameri- sult from catastrophic illness and the try is more than ready to see this ac- cans from discrimination in their jobs huge bills that go with it. complished Hispanic woman do just and in voting, to protect the access of Think about that for a moment. Most that. This is a historic nomination, and Americans to health care and edu- bankruptcies in this country are be- it is an occasion for the Senate and our cation, and to protect their privacy cause people have had health care bills great Nation to come together. This is from an overreaching government. the time for us to come together. I believe Judge Sotomayor under- they simply cannot pay. Most of those The process is another step toward stands that the courthouse doors must people have those health care bills the American people regaining con- be as open to ordinary Americans as which they cannot pay which then fidence in their judiciary. Our inde- they are to government and big cor- force them into bankruptcy. Most of pendent judiciary is considered to be porations. those people have health insurance, but the envy of the world. Though less visi- President Obama is to be commended it is inadequate and has too many gaps ble than the other two branches, the for having consulted with Senators in it. judiciary is a vital part of the infra- from both sides of the aisle. I was with Closing the health care gap is a structure that knits our Nation to- him on some of the occasions that he short-term and a long-term investment gether under the rule of law. Every did. I have had Senators come up to in the health of Americans, the health time I walk up the steps into the Su- me, Republican Senators, and tell me of U.S. businesses—businesses whose preme Court, I look at the words over they had never been called by a Presi- premiums are inflated by the costs of the entrance to the Supreme Court. dent of their own party, to say nothing uncompensated care. It is an invest- They are engraved in marble from my of a Democratic President, to talk ment in the health of our economy, native State of Vermont. Those words about a Supreme Court nominee. But which benefits from the health care in- say: ‘‘Equal Justice Under Law.’’ The President Obama did call and reach dustry but not from already too high nomination of Judge Sotomayor keeps out. health care costs, further inflated by faith with that model. Now it is the Senate’s duty to come needless red tape, needless duplication, Her experience as a trial court judge to the fore. I believe all Senators, of needless indifference to health care will be important. Only Justice Souter both parties, will work with me to con- needs that become more serious and of those currently on the Supreme sider this nomination in a fair and more costly when they are not caught Court previously served as a trial court timely manner. early. judge. Judge Sotomayor has the added I yield the floor and suggest the ab- Per capita health care spending in benefit of having been in law enforce- sence of a quorum. the United States is 53 percent higher ment as a tough prosecutor who re- The PRESIDING OFFICER. The here than that of any other nation in ceived her early training in the office clerk will call the roll. the world, and we are the only nation

VerDate Nov 24 2008 00:22 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.017 S09JNPT1 jbell on PROD1PC69 with SENATE June 9, 2009 CONGRESSIONAL RECORD — SENATE S6333 in the world without an insurance sys- other words, we need insurance com- insurance option—is one of the nec- tem to cover everyone. In other words, pany rules on preexisting conditions, essary components of health reform. we are paying at least half again as on changing the way we do community There is no better way to keep the much—at least—as any other country rating, on a whole host of rules to private insurance industry honest than in the world per person. Yet millions, make insurance companies behave bet- to make sure they are not the only tens of millions of Americans, do not ter and serve the public better. game in town. Historically, public have health insurance. Life expect- We also need this federally backed health insurance has outperformed pri- ancy, infant mortality, maternal mor- insurance option because all too often vate insurance in preserving access to tality, immunization rates—we are not insurance companies are a step ahead stable and reliable health care, in rein- among the world leaders in any of of the sheriff. They always can figure ing in costs, in cutting down on bu- those categories. out how to stay ahead of the rules that reaucracy, and in pioneering new pay- Interestingly, the only place we are a try to make them behave in a way that ment and quality-improvement meth- world leader is life expectancy at 65. If is more in the public interest. ods. you get to be 65 in this country, the The purpose of establishing a feder- A public health insurance option will chance that you will live a longer, ally backed insurance option—it is an not neglect sparsely populated and healthier life is greater than in almost option—is to give Americans more rural areas, as insurers too often do. any other country in the world. choices and to give the private insur- The Presiding Officer previously rep- In Ohio, $3.5 billion is spent each ance industry an incentive to play fair resented a rural congressional district year by and on behalf of the uninsured with their enrollees, or their enrollees in New York. She knows the problems for health care that meets about half will look elsewhere, perhaps in the pub- of insurance availability in rural areas. their needs. For the first time, we are lic plan. It will not disappear. on the verge of meaningful health care Private insurers have helped to cre- A public health insurance option will reform that will make a difference in ate a system of winners and losers—a not disappear when an American loses the lives of Americans who have, for system in which insured Americans can her job, when a marriage ends, or when too long, put up with less than they de- still be bankrupted by health expenses a dependent becomes an adult. And the serve when it comes to health care. Our and uninsured Americans can still die pages sitting here in front of me, when health insurance system does some far too young because they cannot get they finish school and go into the things very well, but we have let the the health care they need. workplace, they would have an option. industry, the health care industry, for- Insurance companies have always Once they are no longer dependent on get its own core central purpose. been one step ahead of the sheriff. They their parents, they will have that pub- The insurance industry is supposed have given us no reason to believe they lic option, as other Americans will. to bear risks on behalf of its enrollees, will behave any differently. They have A public health insurance option will not avoid risk at the expense of its en- come to Congress this year and said: not deny claims first and ask questions rollees. You can put some new rules on us. But later, as insurance companies too often The insurance industry is supposed when we have done that in the past, we do. It will not look for any and every to protect the sick, not throw them know they have always found a way to loophole to insure the healthy and overboard. avoid some of those rules that do not avoid the sick, as private insurance The insurance industry is supposed serve their bottom line. And it is their companies too often do. to offer affordable coverage to every bottom line, and I do not even blame These are the fundamental reasons American, not expensive coverage to the insurance companies for acting the why a public plan option is the key—is some Americans and no coverage to the way they do. I just say we need a set of the key—to arriving at a health insur- rest. rules to make sure they act in the pub- ance system that better serves every The insurance industry is supposed lic interest. American, insured and uninsured alike. to cover the reasonable and customary Private insurance market reforms, What is the point of health care reform costs of health care, not a fraction of coupled with the creation of a competi- if we do not do it right and make sure that. tive, federally backed health insurance every American citizen is better served The health insurance industry is sup- option—it is an option, just as it will than they are now in this health insur- posed to cover the doctors you need, be an option, once we pass health in- ance market? not the doctors the insurer chooses for surance, that anybody today can stay Madam President, I yield the floor. you. in the insurance plan they have. No- The insurance industry is supposed body is going to be forced to do any- f to pay claims on a timely basis, not as thing they do not want to do. Private RECESS slowly as they possibly can. insurance market reforms, coupled Who can forget, when Senator Obama with the creation of a competitive, fed- The PRESIDING OFFICER. Under was talking about his mother in the erally backed health insurance option the previous order, the Senate stands last months of her life, how as she suf- represents our best hope at achieving in recess until 2:15 p.m. fered and was dying from terminal can- the health reforms so vital to the Thereupon, the Senate, at 12:34 p.m., cer, she spent much of her time on the health of our citizens and the future of recessed until 2:15 p.m. and reassem- phone trying to figure out how to col- our Nation. bled when called to order by the Acting lect on insurance, how to pay, how to Last week, President Obama sent a President pro tempore. simply get by and not leave debt for letter to Chairman KENNEDY of the The ACTING PRESIDENT pro tem- her soon to be very famous son. Health, Education, Labor, and Pen- pore. The Senate will come to order. The health insurance industry does sions Committee, on which I sit, and to The Senator from Vermont is recog- some things pretty well, but it gets Chairman MAX BAUCUS, chairman of nized. away with too much. What do we do the Finance Committee, the other Mr. LEAHY. Mr. President, I note about it? First, we put stronger insur- health care committee here, in which there is nobody here who wishes to ance rules in place. Second, we intro- the President stated: speak, so I suggest the absence of a duce some good old-fashioned competi- I strongly believe that Americans should quorum. tion into the insurance market. That is have the choice of a public health insurance The ACTING PRESIDENT pro tem- the purpose of a federally backed insur- option operating alongside private plans. pore. The clerk will call the roll. ance option, one the Presiding Officer This will give them— The legislative clerk proceeded to from New York has spoken out for, as Will give American citizens— call the roll. has the other Senator from New York a better range of choices, make the health Mr. GREGG. Mr. President, I ask and a majority of people in this body. care market more competitive and keep in- unanimous consent that the order for It is to set the bar high enough for pri- surance companies honest. the quorum call be rescinded. vate insurers that they can’t slip back A public health insurance option— The ACTING PRESIDENT pro tem- into their risk-avoiding ways without not administered by a private for-profit pore. Without objection, it is so or- taking a hit in the marketplace. In insurance company but a public health dered.

VerDate Nov 24 2008 01:29 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.018 S09JNPT1 jbell on PROD1PC69 with SENATE S6334 CONGRESSIONAL RECORD — SENATE June 9, 2009 THE DEFICIT conferences because they did some- for pay-go. I have not heard a Demo- Mr. GREGG. Mr. President, I rise thing else today which implies that—if cratic candidate for Congress, and now today to speak briefly about two they are actually serious about trying the President of the United States, not issues, and I know Senator BURR wants to address this debt issue, then they claim they are going to exercise fiscal to continue his discussion of the FDA should immediately take the $65 billion discipline here by being for pay-go, be- tobacco bill. they are going to get back from the cause the term has such motherhood There are two issues which are very banks to which money was lent and implications, that you are going to pay significant to the American taxpayer, that was put out by taxpayers and for what you do here. It is total hypoc- especially to those of us who are con- knew we would get back, they should risy, inconsistent with everything that cerned about how much debt this ad- immediately take that money and has happened from the other side of the ministration is running up on our chil- apply it to reducing the Federal debt. aisle in the era of spending and budg- dren, and they need to be highlighted. It should not be spent on other pro- eting. Not only do they not support The first is good news. It looks as grams. It shouldn’t even be recycled pay-go, they punch holes in what we though a number of banks are going to through the financial system. have for our pay-go law. repay a fair percentage of the TARP It should be repaid to the taxpayer In the last 21⁄2 years, this Congress— money that has been put out by the ad- by reducing the debt of the United and now in the last 3, 4, or 5 months— ministration—potentially $65 billion. States. That is the only reasonable and this Presidency have passed— When TARP was originally structured, way to approach it. It would be a tre- democratically controlled—10 bills the understanding was that we would mendously strong signal not only to that have waived or gamed the pay-go buy assets in banks or from banks, and the American taxpayers that this ad- rules that are already on the books to at some point we would get that money ministration is serious about doing the tune of $882 billion. If you throw in back as taxpayers. In fact, we would something on the debt side, but it the things they wanted to do that they get it back with interest. This is what would be a strong signal to the world weren’t able to pass, because we on our is happening now. The money is com- markets that we were willing, as a na- side stood up and said, no, that is too ing back, as these banks have restored tion, to take this money and pay down much—and we did it on the rest, but we their fiscal strength, and it is actually the debt. Ironically, it would also fol- got rolled—it is over a trillion dollars coming back with interest. About $4.5 low the proposal of the original TARP of instances where this Congress and billion on top of the money we have bill, which said that after the financial this President have asked for initia- put out, is my understanding, as to system was stabilized, any moneys tives that would waive, punch holes in, what will be paid back on the interest coming in should be used to reduce the go around the pay-go rules we already side relative to the preferred stock. So deficit and debt of the United States. It have. That is why I called it ‘‘Swiss- that is all good news. certainly should not be used to fund cheese-go,’’ not pay-go. Now we have First, the financial system was sta- new ventures into the private sector, this disingenuous statement from the bilized during a cataclysmic period in whether it is buying automobile com- administration that suddenly they are September and October, and the invest- panies or insurance companies or any- for pay-go. It already exists; we just ments which remained in preferred thing else such as that. It should be don’t enforce it around here. Not only stock, with taxpayers’ money, is now simply used to reduce the debt. do they claim they are for pay-go, even being repaid. I hope the administration will do in their statement they claim they are The issue becomes, however, what that because that would follow the law, for it, and they game their own pay-go are we going to do with this money and it would be a good sign to the proposal by saying it is not going to that is coming back into the Treasury? world markets, which are becoming apply to the doc fix, the AMT fix, or Well, it ought to go to reduce the debt. suspicious of our debt, as we have seen even to the health care exercise. There This administration in recent days has in a number of instances—for example, should be a pay-go point of order been giving at least lipservice to the the cost of 10-year bills, 30-year bills, against the first 5 years, and they fact that the budget they put in place, and also the fact that the Chinese lead- waived that on health care reform. with a $1 trillion deficit over the next ership, in the financial area, expressed It is a good precedent. It will be 10 years on average every year—$1 tril- concern about the purchase of the long- picked up by the mainstream media as lion every year for the next 10 years, of term debt of the United States. It an effort by this administration to try doubling the debt in 5 years, of tripling would also be a positive sign to Ameri- to discipline spending because, of it in 10 years—they have been giving cans that we are going to do something course, they are not going to acknowl- lipservice that they understand that is about this debt we are passing on to edge that it has been gamed to such an not a sustainable situation. The Sec- our kids. extraordinary extent that over $882 bil- retary of the Treasury, the Chief Eco- It is unfair to run up a trillion dol- lion has been spent that should have nomic Counsel, and even the President lars a year of deficit, double the debt in been subject to pay-go rules. So it is a have said the budget they proposed is 5 years, and triple it in 10 years, and touch inconsistent and disingenuous not sustainable because the debt that send all those bills to our kids. These for them to suddenly now find the faith is being run up on the American public young students here today as pages, in of pay-go when, in fact, they have been cannot be afforded by our children. It 10 years, will find the household they ignoring pay-go rules and gaming those goes from what has historically been are living in has a new $30,000 mortgage rules so they could spend money. about 35 percent of the gross national on it, and it is called the bill for the Again, what happens there? They run product up to over 82 percent of the Federal debt. They will have a new up the debt on the American people in gross national product. The interest on $6,500 interest payment that they will the United States, creating a system the debt alone at the end of this budget have to make, which is called the in- where our government will not be sus- which the President proposed will be terest they have to support on the Fed- tainable or affordable for our children. $800 billion a year—$800 billion a year— eral debt. It is not appropriate to do If this administration wants to do just in interest payments that the that to these younger Americans and something meaningful in the area of American people will have to pay. That to the next generation. Let’s take the reducing the debt and controlling will actually exceed any other major $65 billion and use it as it was origi- spending, take the $65 billion they are item of discretionary spending in the nally agreed it would be used, which is about to get in repayment of TARP budget. We will be spending less than when it came back into the Treasury, money from the various banks and that on the national defense. We will with interest, which is pretty good, it apply it to reduce the debt. That would be spending more on interest, in other would be used to pay down the debt. be real action versus the precedent. words, than we spend on national de- Why am I suspicious that this admin- I yield the floor and appreciate the fense because of all of the debt that is istration is giving us lip service on the courtesy of the Senator from North being run up. issue of fiscal discipline? There is a Carolina. Well, if this administration is seri- second thing that happened today. The The ACTING PRESIDENT pro tem- ous—and I am not sure they are; I President today came out and held a pore. The Senator from North Carolina think they are basically holding press big press conference about how he was is recognized.

VerDate Nov 24 2008 00:22 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.020 S09JNPT1 jbell on PROD1PC69 with SENATE June 9, 2009 CONGRESSIONAL RECORD — SENATE S6335 Mr. BURR. Mr. President, I ask unan- whose responsibility it is to approve ting ready to say we want you to main- imous consent to speak for up to an safety and effectiveness, for God’s tain that gold standard on drugs, and hour as in morning business. sake, you could not give them tobacco food, and biologics, and medical de- The ACTING PRESIDENT pro tem- because they could never prove it was vices, but we understand you cannot pore. Without objection, it is so or- safe. It kills, and there is no dispute hold tobacco to the same threshold. So dered. about that. We are trying to take a we want you to ignore the fact that to- f round peg and put it in a square hole. bacco kills, and we want you to regu- We are trying to find an agency that late it as we prescribe it in legislation. FAMILY SMOKING PREVENTION we think has punitive steps that they How does H.R. 1256 prescribe this in AND TOBACCO CONTROL ACT can take, but we are actually going regulation? Mr. BURR. Mr. President, I came to much farther than that. You see, not We will turn to this, which is my the floor last week for north of 5 hours only is there experience or expertise at continuum of risk chart. It basically and spoke about the bill that will be the FDA to regulate tobacco, they are starts to my right, and your left, Mr. disposed of as this week goes on and, not. We are going to ask the FDA to President. It has unfiltered cigarettes. specifically, on an amendment that, surge, with their resources, their per- You remember those. They had a risk though nongermane postcloture, the sonnel, expertise, away from things of 100 percent. If you smoked them, majority leader has agreed to hold a such as lifesaving drugs, effective med- there was a 100-percent likelihood that vote on. To me, this will be one of the ical devices, and a responsibility to you were going to have a health prob- most important votes Members in this food safety at a time Americans have lem from smoking. body cast this year. been killed because this agency Then the industry came up with fil- Again, I believe this is one of the couldn’t effectively do their job. We tered cigarettes, and they reduced the most important votes Members in the are going to ask them to surge to han- risk by 10 percent, from 100 percent to Senate will cast this year. Let me try dle a new product they have never, ever 90 percent. But when one is looking for to say why. This is a debate about the regulated. a way to play this, a 90-percent risk is regulation of tobacco and, to start As a matter of fact, the last FDA not a good one. What H.R. 1256 says is: OK, we realize with, Members need to be reminded Commissioner, von Eschenbach, said FDA is not the right agency, but we that today this is not an industry with- this: out regulation. This is the current are going to place it there anyway, and The provisions in this bill— we are going to tell the FDA: We want charted Federal regulation of the to- I might say this was slightly over 2 bacco industry before we do anything. I you to leave this alone; we don’t want years ago. As I have pointed out and you to touch this 100-percent risk or 90- point out that included in that regu- talked about last week for over 5 hours latory structure is the Department of percent risk. We want to grandfather on H.R. 1256, the authors of the bill all the products that were made before Transportation, Department of Treas- didn’t even change the dates in the bill ury, Department of Commerce, Depart- February 2007. And, oh, by the way, from the bill written 2 years ago. As a that would include U.S. smokeless to- ment of Justice, Office of the Presi- matter of fact, the section by section is bacco. dent, Department of Health and Human the same bill written 10 years ago. So The most risky we are Services, Department of Education, De- I think it is appropriate, if they are grandfathering in and we say to the partment of Labor, General Services going to use an effective date of Feb- FDA: You can’t change it. You basi- Administration, Department of Vet- ruary 2007, that I use the comments of cally can’t regulate it. You can’t regu- erans Affairs, Federal Trade Commis- the FDA Commissioner at the time, late the 100 percent, you can’t regulate sion, Department of Agriculture, Envi- who said: the 90 percent, and you can’t regulate ronmental Protection Agency, U.S. The provisions in this bill would require this small but growing U.S. smokeless Postal Service, and Department of De- substantial resources, and FDA may not be market that has a risk of 10 percent. fense. in a position to meet all of the activities One might look at the chart and say One, no Member can come to the within the proposed user levels. . . . as a there are other things on there. There floor and claim this is not a regulated consequence of this, FDA may have to divert are electronic cigarettes, tobacco-heat- product. It is the most regulated prod- funds from other programs, such as address- ing cigarettes, Swedish smokeless snus. uct sold in America today. I think ing the safety of drugs and food, to begin im- plementing this program. There are dissolvable and other prod- there is consensus, and I agree, that we ucts that have less risk. All those prod- can do better than this maze of regu- This is not RICHARD BURR, this is the ucts in February 2007 were not in the latory oversight in jurisdiction that is former Commissioner of the FDA say- marketplace. They are banned. They currently structured within the Fed- ing we may have to divert funds from are eliminated. eral Government, because it has been other programs, such as safety of drugs What are we asking the FDA to do? cobbled together as the Federal Gov- and food. If the American people are We are asking them to grandfather ernment has grown, as new areas saw given this choice, they would say up- three categories of products and let all they had a piece of this pie, and they hold the gold standard of the FDA. Let adults who choose to use a tobacco wanted some jurisdiction. We are me go to bed at night as I take that product choose from the most risky throwing this regulatory structure medication my doctor prescribed and categories. away, and the proposal in the base bill, the pharmacist filled, and let me feel What are we saying to the 40 million H.R. 1256, is to centralize this regula- confident that the most qualified re- Americans who smoke today? If you tion of tobacco within the FDA. viewer looked at that application, at are in this category of using cigarettes, For those who aren’t familiar with the clinical trial date, and made a de- we are not going to give you any op- the FDA, let me say the Food and Drug termination that this drug was safe tions as to what you turn to as you re- Administration regulates 25 cents of and effective for me. Make sure when I alize that is not the best thing for your every dollar of the U.S. economy—25 go to the grocery store and buy food in health. We are going to lock you in and percent of all of the products sold in a global marketplace, where the mel- hope it kills you fast so our health care the United States are regulated by this ons might have come from Chile or the cost goes down. one agency. spinach from Mexico, that they have Any claim—any claim—that H.R. 1256 FDA’s core mission is this: the best and brightest addressing food reduces the cost of health care is only Responsible for protecting the public safety. because we have grandfathered in health by assuring the safety, efficacy, and They have already flunked that sev- smokers who will die sooner, not that security of human and veterinary drugs, bio- eral times in the last 3 years, and we we have allowed them a pathway logic products, medical devices, our Nation’s have all dealt with the consequences of through this bill to ever experience not food supply, cosmetics, and products that it. But think about what we are getting only products that are currently on the emit radiation. ready to do. We are getting ready to marketplace that reduce the risk from Nowhere in there does it say tobacco, make it worse. We are getting ready to 100 percent to as little as 1 percent, but nor has it ever. A layperson would look take an agency that has a seal of ap- we have completely eliminated any ad- at this and say if there is an agency proval, a gold standard, and we are get- ditional innovation in product in the

VerDate Nov 24 2008 00:22 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.021 S09JNPT1 jbell on PROD1PC69 with SENATE S6336 CONGRESSIONAL RECORD — SENATE June 9, 2009 future that would allow somebody to bacco-related mortality in Sweden is what Illinois should spend on youth get from 100 percent to 1 percent and among the lowest in the developed prevention, Illinois spends 6.1 percent; actually be a healthier American. world. Why is that? Because the au- 19.9 percent of the youth have a preva- I am not on the floor today sug- thors of H.R. 1256 suggest that new lence to smoke. They are at 23.3 per- gesting that regulation is not in order. product innovation can happen, and I cent who have a prevalence of mari- It is in order. At 4:20 p.m. today, Mem- would tell you there are three thresh- juana use. bers of the Senate will have an oppor- olds one has to meet for new products In Missouri, of the CDC recommenda- tunity to vote on a substitute amend- to come on the market. I will not talk tion on how much should be spent on ment that has several changes from about the first two. I will focus on the the prevalence of youth smoking, Mis- this current bill. One, it does not cen- third one. souri spent 3.7 percent; 23 percent of tralize the jurisdiction in the FDA. It The third one is this: that to have a the youth have a prevalence of smok- creates, under the Secretary of Health product approved to be placed on the ing; 19 percent a prevalence of mari- and Human Services, a new agency market, a company has to prove that a juana use. called the Harm Reduction Center. Its nontobacco user is no more likely to I can see that the Presiding Officer sole job is to regulate tobacco. It regu- use that new product if that product is gets where I am going. We have con- lates tobacco more specifically than available. Then it goes on to say, in stantly, since 1998, with the money pro- does the FDA under H.R. 1256. But great congressional form, that unless vided by the tobacco industry to the what it does allow is the development you have an application that has been States, chosen to build sidewalks over of new products that might encourage approved, you cannot engage the public promoting programs to reduce youth individuals to give up smoking and to on a product that has not been im- prevalence of smoking. Now the au- turn to products that are less harmful. proved. thors of this bill would have us suggest Here is a list of the organizations How does one do a clinical study that that by allowing the FDA to have regu- that support tobacco harm reduction: proves to the FDA that no American is lation of tobacco, the prevalence of The American Association of Public more likely to use tobacco on a prod- youth smoking is going to go down be- Health Physicians, 2008; the World uct that wasn’t in the marketplace if, cause now we have one Federal agency Health Organization, 2008; the Institute in fact, you can’t talk to them about that will have total jurisdiction over of Medicine, 2001; the American Coun- the product until it is approved? It is a this product. Let me say this: If that were the cil on Science and Health, 2006; the Catch-22. New Zealand Health Technology As- The authors of this bill knew exactly case, the prevalence of marijuana sessment, 2007; the Royal College of what they were doing. Let me say it usage by youth would be zero because it is illegal. There is no age limit. As a Physicians, 2002, 2007; Life Sciences Re- again. The authors of this bill knew ex- matter of fact, there is no agency need search Office, 2008; Strategic Dialogue actly what they were doing. for jurisdiction because nobody in on Tobacco Harm Reduction Group, What has changed over the weekend America—adult or youth—is supposed 2009—this year. since I was out here for 5 hours-plus People around the world are talking last week? Public health experts to use it. It is a myth for us to believe about reduced harm, except in the Sen- around the country are beginning to the authors of this bill that by simply dumping this in the FDA, somehow ate. As a matter of fact, we don’t need read the bill and they are beginning to youth prevalence of smoking goes to look far across the pond before we go: Oh, my gosh. Do not pass this. This down. It is a joke. It is a joke, and the find Sweden. During the past 25 years, is a huge mistake. As a matter of fact, public health community has now rec- Swedish men have shown notable re- I will get into it in a little while. I ognized this. ductions in smoking-related diseases: a have plenty of time that I am going to In 1975, Congress commissioned the decline in lung cancer incidence rate to spend on it. University of Michigan to track youth the lowest of any developed country; Understand there are only three rea- smoking rates. At that time, youth no detectible increase in oral cancer sons we would consider new additional smoking was at an alltime high. How- rate; improvement in cardiovascular regulations: to reduce the rate of dis- ever, those rates started coming down health. Tobacco-related mortality in ease and death and to reduce the preva- and leveled off around 30 percent all Sweden is among the lowest in the de- lence of youth access to tobacco prod- the way up to 1993. For some unknown veloped world. ucts and specifically smoking. reason at that time, youth smoking Why? Every Member of this Congress I know the Presiding Officer heard started to rise and peaked at an all- should ask why. Because the sponsors me say this last week. This is my chart time high in 1997. In 1998, 12th graders of this bill have said this is what we of 50 States. In 1998, the tobacco indus- who said they tried a cigarette in the are trying to do in the United States. try came to a settlement with States last 30 days was approximately 36 per- How did Sweden do it? It is very sim- called the Master Settlement Agree- cent, according to the University of ple. Sweden did it by allowing these ment, MSA. In that agreement, they Michigan. products to come to market. As a mat- committed $280 billion to defray the Congress didn’t have a good sense of ter of fact, Swedish smokeless snus is cost of health care for the States—spe- why this was happening. Opponents of currently on the market in the United cifically, their Medicaid costs—and the tobacco industry started blaming States. I am not going to tell you the also provided money to make sure they all this on the alleged manipulation of market share is big, but I can tell you could have cessation programs to get young people by tobacco manufactur- this. The risk of death or disease is less people to quit smoking and to make ers through sophisticated marketing than 2 percent. But under H.R. 1256, sure youth access, youth prevalence and advertising. which the Senate may or may not went down. The tobacco industry has a checkered adopt this afternoon, what we would do These are the CDC levels for last past, I will be the first to admit that, is we would eliminate Swedish snus, year, and I might say the CDC makes a when it comes to advertising in the and we would lock smokers into the recommendation to every State at the market. But what I am suggesting is, it categories that are currently on the beginning of the year as to how much may not have been all due to tobacco market, all because of an arbitrary they should spend on programs that en- marketing. There was another trend February 2007 date because somebody courage youth not to smoke. I am just occurring during the 1993 to 1998 period was too lazy to change the bill. going to pull randomly a few States. that virtually mirrored that of youth Think about that: that we would Connecticut: Of the CDC rec- smoking. It was the increase in illicit take something Sweden found over 25 ommendation, Connecticut spent 18.9 drugs in the United States. years had been an incentive to get peo- percent of what the CDC recommended; Let me say that again. What mir- ple off cigarettes and move toward 21 percent of the youth in Connecticut rored the trend from 1993 to 1998 of the other products, to the degree that, in have a prevalence of smoking; 23.2 per- increase in youth smoking was the in- Sweden, they had a decline in lung can- cent of the youth in Connecticut have crease of use of illicit drugs by teen- cer, they had no detectible increase in a prevalence of marijuana usage. agers. Something much broader was oral cancer, and they had an improve- The Presiding Officer’s own State, Il- happening among our country’s young ment in cardiovascular health; that to- linois: Of the CDC recommendation of people.

VerDate Nov 24 2008 00:22 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.023 S09JNPT1 jbell on PROD1PC69 with SENATE June 9, 2009 CONGRESSIONAL RECORD — SENATE S6337 The Senate’s answer to the smoking ket. It actually takes some reduced- products and the least risky. The bill rate increase was to pass this initia- harm products that are currently on that consolidates all this jurisdiction tive, to give FDA jurisdiction. the market, that haven’t been sold for tobacco within the Food and Drug Senator KENNEDY made the following since February 2007, and says, there- Administration doesn’t even require remarks during the 1998 Senate floor fore, they are gone. There is no ability the Food and Drug Administration to debate to emphasize the need to pro- for the FDA to look at this product and rank the most risky products. Why? tect kids. Let me quote him: say: My gosh, in the name of public Because those are the ones we have FDA Commissioner David Kessler has health, let’s keep this product on the grandfathered. We have said they can’t called smoking a ‘‘pediatric disease with its market, because the Senate is legisla- touch them. onset in adolescents.’’ In fact, studies show tively telling the FDA what to do. Compassion would tell you that if that over 90 percent of the current adult Why does it matter what agency we you want people to switch from smok- smokers began to smoke before they reached put this in? If Congress believes they ing and give it up, you have to give the age of 18. It makes sense for Congress to do what we can to discourage young Ameri- can fix it, then why haven’t they fixed them a tool to get there. But what we cans from starting to smoke during these it up until now? If writing a bill that have said is that the future will consist critical years. . . . Youth smoking in Amer- legislates how to fix it would work, of no new tools except those manufac- ica has reached epidemic proportions. Ac- why haven’t we done it? Well, I would turers that were on the market before cording to a report issued last month by the contend that all I have to do is go to February 2007—some magical date in Centers from Disease Control and Preven- this chart of 50 States, and for the ma- history we will all look back on and tion, smoking rates among high school stu- jority of the States the prevalence of probably find that to blame as to why dents soared by nearly a third between 1991 marijuana usage is higher than the this program doesn’t work. and 1997. Among African-Americans, the In a little over an hour, we will have rates have soared by 80 percent. More than 36 prevalence of youth smoking, which percent of high school students smoke, a 1991 tells you there is no regulatory body an opportunity to come to the floor year high. . . . With youth smoking at crisis that can eliminate the usage of an ille- and to vote on the substitute. Let me levels and still increasing, we cannot rely on gal product by those who choose to use say to my colleagues, if you want a halfway measures. Congress must use the it, unless—unless—it is through edu- real public health bill, vote for the sub- strongest legislative tools available to re- cation. There is no education in H.R. stitute. If you want to reduce the prev- duce youth smoking as rapidly as possible. 1256. Let me say it again: There is no alence of youth smoking, vote for the Well, the Senate told the American education in H.R. 1256. substitute. If you want to reduce the public that the passage of a massive If the goal is to reduce the risk of rate of death and disease, vote for the FDA tobacco regulation back in 1998 death and disease and education is the substitute. Don’t just listen to me, lis- contained the strongest legislative only way to accomplish that, if the ten to public health experts and au- tools available to address youth smok- goal is to reduce youth prevalence of thors who now have written on this ing issues. smoking and the only tool to accom- issue. By the way, they have decreased plish that is education, then I ask the This happens to be a book—and I am since 1998—youth smoking has de- sponsors to come to the floor and show not sure how long ago it was published, creased. As a matter of fact, overall me where the education is in FDA reg- although I am sure I can probably find smoking has decreased. I don’t want ulations. that out—that I think I spent $50 today anybody to think there is no light at I am on day 5 now—maybe day 6 if to get, either that or it is on loan. That the end of the tunnel. As a matter of you count that I was here for a short seems like a lot of money, but the fact, what this shows is a comparison— period of time last Monday, but I didn’t truth is, it is a book about how the a study done by the Centers for Disease make it yesterday, Monday—day 6, and Senate of the United States is getting Control and Prevention and then a I have yet to have anybody come to the shafted. It is a book about the collu- Congressional Budget Office estimate floor and ask a question, refute any- sion that happened behind closed doors after reviewing the Kennedy bill, or thing I have said or question the facts between the authors of this bill and Waxman bill, H.R. 1256. What the CDC I have produced. Why? Because I am Philip Morris. It is written by an au- said was that if we do nothing, we re- using the same agencies most Members thor named Patrick Basham. I want to duce smoking to 15.97 percent by 2016, come to the floor and reference: the read a few things he has printed in his and the Congressional Budget Office, Centers for Disease Control and Pre- book. under H.R. 1256, said that if we pass the vention and the Congressional Budget Handing tobacco regulation over to the Kennedy bill, the rate would be 17.80 Office. It is hard to say that they are FDA, as Congress is poised to do, is an epic percent. As a matter of fact, I miscal- wrong, that they are not reputable en- public health mistake. It is tantamount to culated when I put the chart together, giving the keys of the regulatory store to tities within the Federal Government, the Nation’s largest cigarette manufacturer. and it is actually 2 percent higher, and then turn around next week and It goes on: meaning we do 4 percent better if we do bring your own statistics using the nothing. same entities we use as a gauge. There are significant and numerous prob- You see, my point is this, and it is lems with the FDA regulating tobacco and One can question whether the Royal virtually no benefits to public health. exactly what I said at the beginning: College of Physicians came to the right Let me say that again. The authors of this bill said its purpose conclusion when they said: There are significant and numerous prob- is to reduce the risk of death and dis- In Sweden, the available low-harm smoke- ease and to reduce youth smoking. I lems with FDA regulating tobacco and vir- less products have been shown to be an ac- tually no benefits to public health. would tell you that a caveat to that ceptable substitute for cigarettes to many should be that we should reduce smok- smokers, while ‘‘gateway’’ progression from Do you get it? I mean, if you are ing. Clearly, the Centers for Disease smokeless to smoking is relatively uncom- going to bill it as a public health bill, Control and Prevention says that if mon. for God’s sake, put something in there you do nothing, it goes to this point, Let me say that again: ‘‘. . . while that is to the benefit of the public and the Congressional Budget Office, gateway progression from smokeless to health of this country. after looking at the bill, suggests it is smoking is relatively uncommon.’’ Mr. Basham goes on to say: 2 percent or 4 percent higher if, in fact, Some authors of H.R. 1256 have come Kennedy, Waxman, and the public health we pass the bill. Why is that? How establishment present their legislation as a to the floor and said: Well, my gosh, if masterful regulatory stroke that will end to- could it possibly be higher if you pass we let reduced-harm products come to bacco marketing, preventing kids from legislation that is supposed to fix it? the marketplace, this is going to create starting to smoke, make cigarettes less en- Well, it is for this reason: It is because a gateway to youth usage of tobacco joyable to smoke, and reduce adult smoking. of what H.R. 1256 does. It is not a pub- products that will eventually turn But FDA regulation of tobacco will do none lic health bill. It is a bill that locks in them into smokers. of these things. the most risky products and grand- Read the substitute bill. The sub- This is not a fan of the tobacco in- fathers them to the Food and Drug Ad- stitute bill requires the Reduced Harm dustry. This is an author, an indi- ministration and allows no pathway for Center to actually list for the Amer- vidual, who has been covered in numer- reduced-harm products to come to mar- ican public the most risky tobacco ous publications. He is an adjunct

VerDate Nov 24 2008 01:29 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.023 S09JNPT1 jbell on PROD1PC69 with SENATE S6338 CONGRESSIONAL RECORD — SENATE June 9, 2009 scholar with the Cato Center for Re- Center post the relative risk of each to- eliminate print advertising. Somehow sponsible Government. He is a lecturer bacco product currently on the market. the authors of this bill would have us at Johns Hopkins University. He has Wouldn’t that be incredible if we had a believe if we go from color to black and written a variety of policy issues, and ranking between cigarettes and all the white advertising that people under 18 his articles have appeared in the New other things? We wouldn’t need that if actually will not read it or can’t read York Times, the Washington Post, H.R. 1256 passed because we would only it. Maybe today’s youth can only read USA Today, the New York Post, and have nonfiltered cigarettes, filtered in color. But they suggest theirs is a the New York Daily News, just to name cigarettes, and smokeless tobacco. I stronger regulatory bill. But the sub- a few. His book is titled ‘‘Butt Out! can tell you the ranking would be stitute eliminates print advertising. No How Philip Morris Burned Ted Ken- unfiltered cigarettes the worst, filtered longer will the Vogue magazine that a nedy, the FDA & and the Anti-Tobacco cigarettes next to the worst, and mom finds in the grocery store attrac- Movement.’’ This is no fan of tobacco. smokeless third. Those are the choices tive, that might not be one of those This is a guy who is calling balls and that adults would have in this country, publications that is considered a publi- strikes. He is one person who is so con- and for somebody who is addicted to cation that youth would purchase, but cerned about the public health in this smoking, if smokeless wasn’t some- a 14-year-old might go to her mother’s country and making sure what we do thing that enticed them to quit smok- Vogue magazine and flip open and see a accomplishes good public health policy ing, they would be left out because the tobacco ad by mistake—it can’t happen that he is willing to be outspoken. legislation does not create a pathway under the substitute legislation. It will He goes on in his book and says this: for new products. happen under H.R. 1256, but only in The process of validating new reduced-risk We also give current users the infor- black and white. products appears to be designed to prevent mation they need to decide whether H.R. 1256 uses user fees to fund the such products from ever reaching the mar- they want to migrate from a more FDA, about $700 million over 3 years. ketplace, thus giving smokers the stark, and harmful product, such as cigarettes, to We asked the Secretary of Health and for many the impossible, choice of ‘‘quit less harmful products. smoking or die.’’ Human Services: How much do you I have heard my colleagues and many need to stand up a complete new agen- You might want to remember that other advocacy groups boast how the cy that is only focused on tobacco leg- part. We can now call the continuum of underlying bill will give the FDA au- islation? One hundred million dollars a risk ‘‘quit or die.’’ thority to remove toxins in cigarettes, year because these fees that we charge Rather than making smoking safer for boast how granting the FDA the abil- the tobacco companies are passed on to ity to regulate advertising will encour- those who continue to smoke, it will deny the consumers, the people least likely smokers access to new products that might age people to not use, and current to fund it, the ones who are already literally save their lives. That is hardly a smokers to quit. sterling prescription for good public health. I agree, better warning labels will act funding the Children’s Health Insur- If the objective is public health, H.R. 1256 as a deterrent to nonsmokers. But ance Program, funding the majority of falls way short. Even if the idea of FDA reg- what about current smokers? Dr. the State Medicaid programs. Let’s ulation were good in theory and practice, Basham sites a very interesting study give these folks a break. Let’s not put several things, including the FDA’s com- conducted in Canada and the United this entire burden on their backs, espe- petence in tobacco policy and science, its cially if it is not going to do any good. public image, its fit with the tobacco file, its States by an independent organization. available resources, and its overall current The study consisted of showing smok- It is not just Mr. Bashan. As a matter competence, argue strongly against giving it ers packages of their current cigarettes of fact, Brad Rodu wrote, March 26— regulatory responsibility for our Nation’s to- with an increased warning label and Brad Rodu, the Endowed Chair of To- bacco policy. graphic pictorials of cancer and other bacco Harm Reduction Research, This is a scholar, Mr. President. diseases. The study concluded that no School of Medicine, University of Lou- FDA regulation of tobacco need not be a statistically significant change in isville—I will read a couple of excerpts public health tragedy, however. By bringing smoking behavior could be expected to of what he wrote. the crafting of tobacco policy out into the be followed from the redesigned pack- According to the American Association of light of day, by taking it out of the hands of ages. Public Health Physicians, the bill ‘‘will do the special interests and, most importantly, If you have noticed, over this 45 min- more harm than good in terms of the future by keeping it away from the FDA, there is utes, so far, I have sort of knocked all tobacco-related illnesses and death.’’ While every opportunity to begin to create a policy the things out that the sponsors of this the AAPHP favors ‘‘effective regulation of that not only serves the interest of non- bill said it accomplished. It does not do the tobacco industry. . . . This bill does not smokers and smokers, but a policy that any of them. It does do one thing: it meet this standard.’’ The bill, introduced by might really work. Rep. Henry Waxman, is supported by medical grandfathers the most risky products To Senators of the U.S. Senate: If groups that are engaged in a crusade against and consolidates their regulation at the tobacco industry. That’s the problem: In you want a policy that really works, do the FDA. It does not reduce risk of not adopt H.R. 1256. Consider strongly a blind desire to kill tobacco manufacturers, death, disease, or youth prevalence of the Waxman bill may end up hurting smok- the merits of the substitute amend- smoking. ers. ment, which does focus on the public Since H.R. 1256 bans any reduced risk It goes on and on. Again, an endowed health of this country. smokeless products from entering the Mr. Basham is a professor who stud- chair of a major academic institution marketplace, it locks current smokers says don’t do this. ies and writes on a variety of topics, only into cigarettes. However, our How about Michael Siegel, Professor and when he took an objective view of amendment does not lock them into in the Social and Behavioral Sciences the situation, he saw H.R. 1256 for what just cigarettes. We provide this con- Department at—get this—Boston Uni- it was. He saw it as misguided legisla- sumer with the ultimate amount of versity School of Public Health, home tion. choice. The purpose of my amendment, of the authors of the bill. The Los An- Our amendment—mine and Senator as I said, is to reduce the risk of death HAGAN’s—accomplishes exactly what and disease and to reduce youth preva- geles Times, op-ed, June 3—not long Mr. Basham raises. Our amendment lence of smoking. ago. Let me read a couple of excerpts sets up a new agency under the aus- The regulated products under my out of Mr. Siegel’s op-ed. pices of HHS and a Secretary who will amendment? All tobacco and nicotine In the end, it ensures that federal regula- examine all tobacco products and set products. There are no holes in the sub- tion of tobacco products will remain more up a regulatory framework that will stitute. It covers the entire scope of to- about politics than about science. save lives. That is in the public health bacco products. New smoking provi- H.R. 1256 gives the FDA the ability to interest of America. We don’t preclude sions in H.R. 1256, ‘‘change current to- lower nicotine levels in cigarettes. Since new reduced-risk products from enter- H.R. 1256 locks current users into cigarettes bacco advertising to black and white only by banning reduced risk products, H.R. ing the marketplace. We do not pre- only and require graphic warning la- 1256 ensures that 40 million Americans who clude reduced risk products from com- bels on packages of cigarettes.’’ currently smoke are doomed to death and ing into the marketplace; H.R. 1256 We require graphic warning labels on disease associated with cigarette smoking. does. We mandate the Tobacco Harm the package of cigarettes, and we H.R. 1256 will cost lives, not save lives.

VerDate Nov 24 2008 00:22 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.026 S09JNPT1 jbell on PROD1PC69 with SENATE June 9, 2009 CONGRESSIONAL RECORD — SENATE S6339 This is a professor in the Boston Uni- want to ignore the research from for 10 years people have said we have to versity School of Public Health, talk- around the world that suggests by al- put this in the FDA, that Matt Meyers, ing about his Senator’s bill. He goes on lowing lower harm smokeless products head of Campaign for Tobacco-Free to say: on the marketplace it allows smokers Kids, is the most powerful ‘‘U.S. Sen- Even worse, by giving a federal agency the to get off the tobacco products, support ator’’ because he is getting his wish, he appearance of regulatory authority over H.R. 1256. is getting exactly what he has been cigarettes without the real ability to regu- I believed 5 days ago when I came to trying to do for decades. He is not a late, the legislation would seemingly create the Senate floor that was all I needed science expert. If he was, he would be a FDA seal of approval for cigarettes, giving to put up to win this debate. I actually voting for the substitute, if he were the public a false sense of security about the believed that was all I needed to put up here. increased safety of the product. In fact, the bill’s crafters are apparently so for the American people. I have learned He wrote the bill. I am surprised he worried about the harmful effects of such a over the past 5 days just how stubborn did not catch the mistake of February public perception— Members of the Senate are. I hope that 2007. Nobody caught that. But the 1 Get this— now, after 6 ⁄2 hours of coming to the truth is, the bill has not changed much Senate floor on this one bill, staff in 10 years, though the world has that they have written a clause into the bill that prohibits the cigarette companies from members through every office—Repub- changed a lot. The science has changed even informing the public that cigarettes are lican, Democrat, and Independent— a lot. Health care has changed a lot. regulated by the FDA or that the companies have taken the opportunity to check There is a real opportunity to do the are in compliance with FDA regulations. the facts that I have presented, and right thing in the Senate. But Members The legislation forbids a company they have found I am right; they have will have to show a degree of independ- from even referring to the regulator. found a study did exist in Sweden. I ence and vote for the substitute and He goes on to say: didn’t make it up; they have found that not wait for the base bill. I hope Mem- bers will heed the words of people who This is clearly an unconstitutional provi- CDC did do a study—if we did nothing sion, as it violates the free speech rights of we would reduce smoking more than if have no dog in this fight who have sug- the tobacco companies; nevertheless, it sug- we pass this bill; they have found that gested, if we pass this bill—not the sub- gests that even the supporters of the legisla- in Sweden, people did become healthier stitute, the base bill—we will have tion are aware that the bill creates a false because of the decision to use smoke- done a great disservice to the public perception of the increased safety of ciga- less products. health of America. More importantly, rette smoking. I thought this was all it took for the we will have done a disservice to those There is a charge I have not made. American people to understand it; that individuals to get locked into these The bill is actually unconstitutional. you can’t take an agency of the Fed- categories, as shown on this chart, be- When we recognize things as unconsti- eral Government that is ‘‘responsible cause their certain future is death and tutional, I know it is the inclination of for protecting the public health by as- disease. They are counting on us. They some Members of the Senate to wait suring the safety, efficacy and security are. They are counting on us to do the and have it passed and somebody refer of human and veterinary drugs, bio- right thing. it to the Supreme Court so the Su- logic products, medical devices, our I can leave this debate tonight and preme Court can tell us it is unconsti- Nation’s food supply, cosmetics and say: I left nothing in the bag. I have tutional. When scholars tell us it is un- products that emit radiation’’—it is tried everything to convince my col- constitutional, I believe our responsi- impossible to take an agency where leagues not to make a huge mistake. I bility is then: don’t pass it, don’t do it. that is their core mission and give will sleep well tonight. If this sub- Let me conclude with Michael Siegel, them a product where you ask them to stitute does not pass, if H.R. 1256 passes professor in the School of Public ignore the gold standard on everything and becomes law, it is others who are Health, Boston University. else they regulate. I think the Amer- going to have to live with the way they During the previous administration, the ican people would say it seems reason- voted. When people die because of what FDA was accused of making decisions based able to create a new entity to regulate they did, it is others who are going to on politics, not health. If the Senate passes tobacco, if for no other reason than—if have to live with it. the FDA tobacco legislation, it will be insti- you didn’t believe any other science There are going to be more articles. tutionalizing, rather than ending, the tri- that I have shown and the data that This is just the tip of the iceberg of umph of politics over science in federal pol- has been proven—if for no other reason health professionals, of public health icymaking. This is not the way to restore individuals, people who detail in great science to its rightful place. than why would we jeopardize this gold standard? Why would we make one quantity exactly what has been going I am not saying it. It is a professor American at home wonder whether on. As a matter of fact, as they say, the from the School of Public Health at that pharmaceutical product they were wool has been pulled over our eyes. Boston University. taking was actually safe or effective? Well, it has not. That is why we have a What is this bill about? Its author Why would we have them question substitute amendment. That is why the said reducing the rate of death and dis- for a minute whether that medical de- majority leader allowed a nongermane ease and prevalence of youth smoking. vice was approved and reviewed by the amendment to come to the floor. Well, Michael Siegel’s assessment: It is most seasoned reviewer versus maybe it might have had something to do about politics. somebody who was fresh on the job be- with that he did not have the votes for Patrick Bashan’s conclusion in ‘‘Butt cause that seasoned person went over cloture without allowing it to come to Out,’’ the book: It is about politics. As to regulate tobacco products? the floor, but I give him the benefit of a matter of fact, it says on the back of Why would we put the American peo- the doubt that he understood this was the book: ple in a more difficult situation today an important debate to have, that this Philip Morris outwitted this coalition of on their question of food safety with was worth extending the opportunity useful idiots at every turn. the incidents we have had of death in for people to vote up or down. The decision in front of Members of the United States of America because I see my colleague is here to speak, the Senate is simple. Do you want to the Agency could not quite meet their and I am not going to prolong this de- reduce the risk of death? Do you want mission statement? bate. In less than an hour, Members to reduce the risk of disease? If you Why would we dump on them now? will have an opportunity to come to want to reduce the prevalence of youth Why would we do this to the American the floor. Most Members will get prob- smoking you only have one chance, and people? It is beyond me. But when you ably 2 minutes equally divided; 60 sec- that is support the substitute amend- turn to some of the folks who have onds to hear what it has taken me 6 ment. written on this issue—whether it is hours to say in this debate. Clearly, If you want to do politics as usual, if Brad Rodu, whether it is Patrick that is not much time. But now it is in you want to let politics trump science, Basham, whether it is Michael Siegel, their hands. It is a decision Members of if you want to lock in a category of in the public health department at Bos- the Senate will have to make about the products that have a high likelihood of ton University—I guess the only an- future of the public health policy of risking the American people, if you swer is, it is politics over science, that this country.

VerDate Nov 24 2008 00:58 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.027 S09JNPT1 jbell on PROD1PC69 with SENATE S6340 CONGRESSIONAL RECORD — SENATE June 9, 2009 I urge my colleagues, on both sides of It is important to dissect the rhet- Finally, economist Paul Krugman, a the aisle, to support the substitute oric and speak to Americans who have New York Times columnist, wrote: amendment today at 4:20 and make been promised something I would sug- I, at least, find it hard to see how the fed- sure the future of our country is one we gest the President cannot deliver. Re- eral government can meet its long-term obli- will be proud of and not one we will member that those in the so-called gations without some tax increases on the find as an embarrassment. middle class—and the definition of that middle class. I yield the floor. has changed—have been told they will All of these experts echo the point I The PRESIDING OFFICER (Mr. be shielded from tax increases. Well, I am making: You cannot tax the rich UDALL of Colorado). The Senator from would suggest the evidence is obvious. enough to cover all the spending. Inevi- Nebraska. The rug is about to be pulled out from tably, what all of this is leading to is Mr. JOHANNS. Mr. President, I ask underneath them by the President’s ex- that the middle class will fall victim to unanimous consent to speak in morn- plosive growth in spending and bor- massive taxation. ing business. rowing. I will put this into more tangible The PRESIDING OFFICER. Is there If Congress continues to follow the terms by examining how much the tax objection? President’s unlimited spending spree rate would need to rise to make up for Without objection, it is so ordered. and tries to balance the budget at the only this year’s projected budget def- icit—just this year’s projected budget f same time, the middle class will get hammered with tax increases. This, I deficit. The deficit for this year alone MIDDLE CLASS TAX would suggest, is the elephant in the is an eye-popping $1.8 trillion. This Mr. JOHANNS. Mr. President, I rise room that no one in the Obama admin- does not even take into consideration this afternoon to speak about the istration wants to discuss for fear of the more than $12 trillion public debt President’s announcement a few hours the consequences. we currently owe. ago relative to pay-go. But the American people deserve an Here is what would have to happen to Today, the President said: open discussion about the real-life con- the tax rate. The rates for the top four sequences of big government and the brackets would skyrocket from the Paying for what you spend is basic com- current rates of 35 percent, 33 percent, mon sense. Perhaps that’s why, here in runaway freight train of spending and Washington, it has been so elusive. borrowing that comes with bigger gov- 28 percent, and 25 percent to an alarm- ing 90 percent across the board. Imag- Well, I could not agree more. But I ernment. Supporters of the current budget ine, people would have to work until must ask: Where was that common claim that only individuals earning Thanksgiving just to pay their taxes. sense when the President proposed to more than $200,000 will see their taxes Some may say: Well, this is great. add $10 trillion to the national debt in go up; therefore, there will be no tax Tax the rich because they can afford to the fiscal year 2010 budget submission? increase on the middle class. Yet such pay more in taxes. Yet those making Where was this basic common sense a tax on higher income earners still re- up the third and fourth brackets from when he signed a bill earlier this year sults in an average annual deficit hov- the top can hardly be characterized as that adds $1 trillion in debt this year ering around $1 trillion per year for the rich. alone? Where was this newfound fiscal next 10 years, described by many to be Let’s look at who actually falls in discipline when he proposed a massive unsustainable. those income brackets. Currently, for universal health care proposal that is Our national revenue simply cannot tax year 2008, people who fall under the now turning out to be a government- keep up with the bloated spending in 25-percent bracket earn about $32,000 to run proposal with just a downpayment the budget, and that is resulting in a $78,000. of $650 billion? shortfall. Does anyone want to come to the The President’s announcement un- Let me illustrate this in an example. Senate floor and make the case that doubtedly was meant to quell rising This is equivalent to a Lincoln, NE, somebody making $32,000 a year in Ne- fears about the amount of spending and teacher earning $33,000 per year but braska is rich? The average salary in borrowing his administration has un- spending $58,000 per year—year after Nebraska is $35,000. I do not know any- dertaken. It was likely intended to year. It cannot last long. So is the one who would suggest that only calm the fears of those who buy our Obama administration going to con- wealthy people fall within the bracket. debt who are wondering if it is just tinue this spending increase with only The average Nebraskan would have paper. the revenue from the so-called rich? something to say about that in terms But do the President’s words today in How can they continue running annual of whether they are wealthy. Let’s look any way address the mountain of debt deficits with no end in sight? They can- at the next bracket, those taxed at 28 and increased taxes he proposed and not. Inevitably, the spending spree and percent. The income levels for this supported just a few weeks ago with exploding deficits will land squarely on bracket are roughly $78,000 and $164,000 the budget submission? The answer to the middle class in the form of higher for singles. For married couples, it is that is no. taxes, unless we do something. $131,000 to $200,000. What does that Today’s announcement does abso- The reality is, the Obama adminis- mean? This means that a landscape ar- lutely nothing to decrease the rising, tration cannot continue the unprece- chitect in Nebraska making $75,000 a crushing debt we have accumulated. In dented level of spending while claiming year, hypothetically, married to an fact, this President has significantly to hold the middle class harmless. emergency room nurse making $59,000 a added to our debt, causing it to rise to If you do not believe me, listen to year would fall into a 90-percent tax an unprecedented level, an leading economists. rate. Again, I suggest if you asked this unsustainable level. Let me repeat Martin Sullivan, a former economic couple, I am quite confident they that. The President’s announcement aide to President Reagan, actually, would not describe themselves as does absolutely nothing to address our who backed President Obama last fall, wealthy. Taxing the middle class to the record spending and borrowing. This is said: tune of 90 percent would bring this akin to maxing out on the personal You just simply can’t tax the rich enough economy to its knees. credit card and then promising not to to make this all up. There is some notion in America that use it anymore but offering no plan to He went on to say: we, the people, should be the masters pay off the balance. Just for getting the budget to a sustain- of our own economic success. If you tax The President rightly pointed out able level, there needs to be a broad-based someone at a 95-percent rate, you take today: tax increase. away the economic incentive to be in- The debate of the day drowns out those Leonard Burman, director of the lib- novative, to strive for greater success. who speak of what we may face tomorrow. eral Tax Policy Center, said: Eventually you end up with slim or no Maybe it is an appropriate time to [T]here’s no way we’re going to be able to productivity or competitiveness. Yet thoughtfully consider what we face to- pay for government 10, 20 years from now this administration keeps spending as morrow because of the unpaid credit without coming up with a new revenue though it is monopoly money. Just this card balance. source. week, more directions: Get that money

VerDate Nov 24 2008 00:58 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.028 S09JNPT1 jbell on PROD1PC69 with SENATE June 9, 2009 CONGRESSIONAL RECORD — SENATE S6341 out there. Get that spending going. ment No. 1246. The Burr substitute affected by this decision we are mak- Their spending binge has an amendment takes major steps to re- ing. As I recall, I think he told me unsustainable course. Complying with strict tobacco. It creates a new office there are some 12,000 to 15,000 tobacco pay-go alone won’t even come close to within HHS to regulate tobacco. It farmers in North Carolina, hard-work- fixing it. Maybe Congress would benefit puts in place a realistic, science-based ing families who have been in the busi- from being coached by the same credit standard for the approval of new and ness for generations. This will have an card counselors who help Americans reduced risk products. It also requires impact on them. It may not be as dra- who are drowning in debt. I will bet states to do more on tobacco control— matic as some suggest, but it certainly those counselors would have some something we can all support. will have a negative impact if we are stern words. As many of you know, I support successful in reducing the amount of My point is simple: This is not the strong tobacco regulation. I want to re- smoking and use of tobacco products right direction for our country. We mind my colleagues that supporting a by young children. must start to make spending decisions different approach to tobacco regula- I am pleased my colleague from today that paint a realistic and candid tion doesn’t mean being soft on to- North Carolina has had a chance to picture of the impact on the middle bacco. make his case, along with his colleague class, and if it is the purpose of our Na- The Burr amendment is extensive— from North Carolina, Senator HAGAN. tion to hold them harmless, then we longer and more detailed even than the Having said I would support his right have to cut spending and we have to underlying bill. It makes it more dif- to be heard, now I wish to take a few smart size our government. ficult for kids to get tobacco and start minutes to express why I support the Working families across our Nation smoking, and that is the most impor- underlying bill. This bill has been sup- and in my State deserve an honest de- tant thing of all. ported over the years by a substantial bate. It is time for Washington to take Whether we see the Burr proposal or number in this body, as well as in the responsibility. The people at home I the Kennedy proposal put in place, we other body, the House of Representa- believe are demanding it. I often say still have our work cut out for us when tives—as I pointed out in the past, this Nebraskans have great wisdom to con- it comes to putting out tobacco use. I matter, which has been under consider- vey. I couldn’t agree more with a gen- am going to keep working on this ation for almost a decade, has not be- tleman from North Platte, NE, who issue, and I am going to keep putting come law because neither House of wrote me a letter recently and he said forward new ideas to stop smoking. Congress has adopted the legislation in this: These proposals are a first step, but we the same Congress. We have ended up It’s important to remember that while gov- have a long way to go. with the Senate passing a bill, the ernment consumes wealth, transfers wealth I urge my colleagues to support the other House passing a bill, but never in and sets the ground rules for the generation the same Congress. So for all of these of wealth, it is the private individuals that Burr amendment. create it. I suggest the absence of a quorum. years, the Food and Drug Administra- tion has not been able to regulate to- As a final note, the President today The PRESIDING OFFICER. The bacco products. rightly acknowledged: clerk will call the roll. The assistant legislative clerk pro- We are about to change that if we, in The reckless fiscal policies of the past have fact, reject the Burr amendment and left us in a very deep hole. ceeded to call the roll. Mr. DODD. Mr. President, I ask unan- several others that are pending and I would add to that: And the present. imous consent that the order for the give the Food and Drug Administration Digging our way out will take time, and the power, the authority, to regulate patience, and tough choices. quorum call be rescinded. The PRESIDING OFFICER (Mr. the sale, production, and marketing of Again, I could not agree more, other KAUFMAN). Without objection, it is so tobacco products, particularly to than I would add to that: The present. young children. So for the first time, However, instituting pay-go does ordered. the FDA will have this authority and nothing to cut the deficit or the debt, Mr. DODD. Mr. President, I further put in place tough restrictions that for it simply attempts to hold the line, ask unanimous consent that I be al- far too long have been absent. This will which the President’s budget fails to lowed to speak as in morning business provide support for families when it do. His proposal is actually a more lib- for 10 minutes. comes to how cigarettes are marketed eral approach than what is already in The PRESIDING OFFICER. Without House rules. Right-sizing government objection, it is so ordered. to their children. I am sure my colleagues are tired of and cutting spending is far from revo- f hearing me speaking over the last sev- lutionary. So while the President is FAMILY SMOKING PREVENTION eral weeks about the number of young saying when you find yourself in a AND TOBACCO CONTROL ACT people who start smoking every day. massive hole, stop digging, the more Mr. DODD. I thank the Chair. I will We have been at this matter now for important question might be: How are try and be brief on this. I know I have about 2 or 3 weeks, considering the we going to start filling up this gaping spoken at some length about the bill floor action, as well as the action in hole? Our country needs leadership, not the before us, the Family Smoking Preven- the HELP Committee, which is the empty rhetoric I would suggest we tion and Tobacco Control Act. I wish to committee of jurisdiction. You can do heard today. The President’s speech begin by again thanking our colleagues the math yourself: Over 20 days, 3,000 today sought to subdue the fears of who voted yesterday to allow us to to 4,000 children every day starting to many regarding our country’s explod- move forward by supporting the clo- smoke while we have been deliberating ing deficits. I am sure it was targeted ture motion. It took a bipartisan effort this piece of legislation. Needless to to those who buy that debt, who are ex- and I am grateful to colleagues, both in say, I don’t know of a single person in pressing concerns about what they are the majority and the minority, for this country with an ounce of sense purchasing. Yet people should not be lending their support to that effort. I who wants that many children who fooled into thinking that pay-go is the am also pleased we are having an op- begin this habit to continue. I don’t holy grail for solving all of our spend- portunity to vote on the Burr-Hagan know of anybody with any sense at all ing and borrowing woes. I believe that amendment. There were some ques- who believes our country is better off if while pay-go is a useful tool, when you tions raised as to whether that amend- day after day we allow an industry to look at the hard facts, you realize that ment would be permissible under a market products designed specifically President Obama’s speech today, postcloture environment from a par- to appeal to young people, knowing though, is simply too little and it is liamentary standpoint. As I told my what danger and harm it causes. Four too late. The horse is already out of friend from North Carolina, Senator hundred thousand of our fellow citizens the barn, and the President is talking BURR, even though I disagree with his expire, die every year because of smok- to us about closing the barn door. amendment, I would vote against a ing-related illnesses—400,000 people. Thank you, Mr. President. point of order if one were raised That is more than the number of peo- Mr. ENZI. Mr. President, I rise today against it so he would have a chance to ple who lose their lives as a result of to speak in support of the Burr amend- make his case. His State is going to be automobile accidents, AIDS, alcohol

VerDate Nov 24 2008 00:58 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.029 S09JNPT1 jbell on PROD1PC69 with SENATE S6342 CONGRESSIONAL RECORD — SENATE June 9, 2009 abuse, illegal drug abuse, and violent ents in cigarettes, which the Kennedy say to my friend from North Carolina, crimes with guns. All of those com- bill would do. It doesn’t go far enough and others, I know what it means to bined do not equal the number of in protecting children and has weaker have an industry in your State face deaths that occur because of people’s and less effective health warnings as these kinds of challenges, but clearly use of tobacco and tobacco products. well. the challenge to our Nation is to begin That does not include the number of I say respectfully to my friend, set- to reduce the number of children who people who lead very debilitated lives, ting up and creating a whole new agen- smoke and to save lives every year. I who are stricken with emphysema or cy, providing a fraction of the funding say respectfully that there is no more related pulmonary illnesses that fun- necessary to get it done, and providing paramount issue for our Nation as a damentally alter their lives and the inadequate resources in order to sup- whole. lives of their families. port these efforts is not the step we I urge my colleagues to reject the I apologize to my colleagues for con- ought to be taking. All of us can agree Burr amendment. tinuing to recite these numbers, but I that the FDA is basically the agency The PRESIDING OFFICER. The Re- pray and hope these numbers may have we charge with the responsibility of publican leader is recognized. some impact on those who wonder if regulating everything we consume and Mr. MCCONNELL. Mr. President, the every aspect of the bill makes the most ingest, including the products ingested ranking member of the Senate Judici- sense or not. None of us should ever by our pets. The FDA has jurisdiction ary Committee, Senator SESSIONS, Sen- claim perfection, but we have spent a over your cat food, dog food, and what ator KYL, and I will take a few mo- lot of time on this, a lot of consider- your parakeet may have, but your ments to discuss the pending Supreme ation on this. There are 1,000 organiza- child’s use of tobacco is not regulated Court nomination and the proceedings tions, faith-based, State organiza- by anybody. Your child’s safety, in leading up to that. I have notified the tions—leading organizations dealing many ways, is being less protected Democratic floor staff that it might with lung cancer and related problems than that of a household pet. That slightly delay the 4:20 vote. I find that and they are all speaking with one needs to change. not objectionable on the other side. voice. They are telling us to pass this For a decade, we have debated this. I would inform our colleagues that bill, pass this bill, and allow finally for We have been through countless argu- we are going to proceed as if in morn- the FDA to be able to control the mar- ments. Now we have come down to the ing business. I ask unanimous consent keting, the selling, and the production moment as to whether this Congress, that we may do so. of these tobacco products. in a bipartisan fashion, as we did yes- The PRESIDING OFFICER. Without Absent any action by this Congress, terday, will say enough is enough. We objection, it is so ordered. more than 6 million children who are have come to the end of the debate. Mr. MCCONNELL. It will not cause alive today will die from smoking. Mr. Mr. President, 400,000 people are los- much of a delay on the 4:20 vote. President, 1 out of 5 children from my ing their lives every day, and 3,000 to Senator SESSIONS is up and will be State of Connecticut smokes today, 4,000 children are starting to smoke, a first to speak. and 76,000 children, we are told by thousand of whom will be addicted for The PRESIDING OFFICER. The Sen- health care professionals, will die pre- life, and one-third of that number will ator from Alabama is recognized. maturely because of their addiction to die because of the use of these prod- f tobacco. ucts. That is over with. The marketing, SOTOMAYOR NOMINATION As I mentioned earlier, we are on the the production, as well as the selling of eve of passing major health care re- these products has to come to an end. Mr. SESSIONS. Mr. President, I form legislation. The centerpiece of This is the best way to save money, if thank Senator MCCONNELL for his lead- that bill, as I hear my Republican you are not impressed with the ethics ership in so many ways but in par- friends and Democratic friends talk and morality of the issue. ticular the concern he has shown re- about it, is prevention. That is the one This is a self-inflicted wound we im- peatedly on the U.S. judiciary. He is on piece about which there is a great deal pose on ourselves as a country, know- the Judiciary Committee, and he takes of unanimity. How can we deal with ing the damage it causes, the costs it these issues seriously. I think it is im- health care reform? The best way to imposes, the hardships, the horror, and portant that we all do so. treat a disease is to have it never hap- the sorrow it brings to families. I don’t I have to say I am disappointed that pen in the first place. This bill may do know a single person who smokes and this morning we learned from media re- more in the area of prevention, if wants their child to begin that habit. If ports—I did—that the chairman of the adopted, than anything else we may in- they could stand here collectively—the Judiciary Committee, Senator LEAHY, clude in the health care bill in the families across this country who are announced we would begin the hearings short term. The estimates are that 11 smokers—they would say with one on July 13 on Judge Sotomayor. I be- percent of young people would not voice: Pass this bill. Please do every- lieve that is too early. I don’t believe it begin the habit of smoking if this bill thing you can to see to it that my child is necessary. It is far more important is adopted. Imagine 11 percent of the doesn’t begin that habit. that we do this matter right than do it young people not smoking of that 3,000 Ninety percent of smokers start as quick. When the announcement was to 4,000 every day who start. That in kids, we know that. So we need to made, President Obama said the time itself would be a major achievement. change how we regulate these products. we should look to is October 1, when My friend from North Carolina, Sen- That is what this bill does. It has had the new Supreme Court term starts. I ator BURR, does not give authority to tremendous support from our friends, think that always was an achievable the FDA. The FDA is 100 years old. His both Republicans and Democrats, over goal, and it is something I said I be- bill creates a completely new agency, the years. We have never done it to- lieve we could achieve and still do it in an untested agency, to oversee tobacco gether, and we are on the brink of the right way. products. But the FDA is the right doing that and making a significant The question is, Can we get all this agency because it is the only agency change in our country for the better. It done in this rush-rush fashion? It will that has the regulatory experience and is long overdue. be the shortest confirmation time of scientific experience and the combina- When the vote occurs on the Burr any recent nominee. It is a time well tion of that with a public health mis- amendment, I urge my colleagues to shorter than that of Justice Roberts— sion. Unlike the Kennedy bill, the un- vote against the amendment. I want to now Chief Justice—and we had a need derlying bill, the Burr substitute fails do everything I can to help those farm- to move that a bit because he was con- to provide adequate resources to do the ers. The bill makes a difference in pro- firmed, as it turned out, on September job. In the first 3 years, if the Burr sub- viding real help to the farmers. I see 29, a couple of days before the new stitute is adopted, it would allocate my friend from Kentucky. He knows I term began. He was going to be Chief only one-quarter of the funding allo- went to law school there, and he knows Justice. But the last nominee, whose cated in Senator KENNEDY’s proposal. I have an affection for the people there. record was much like this nominee, The Burr substitute fails to give the We owe it to them to provide real help Justice Alito, was coming up in late authority to remove harmful ingredi- so they can get back on their feet. I December, and the Democratic leader

VerDate Nov 24 2008 00:58 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.030 S09JNPT1 jbell on PROD1PC69 with SENATE June 9, 2009 CONGRESSIONAL RECORD — SENATE S6343 then on the Judiciary Committee, Sen- The chairman of the Judiciary Com- a date right now on the hearing for ator LEAHY, asked that it be put off mittee, today, said back then that ‘‘We Judge Sotomayor. There is no reason until after Christmas. The Republican need to consider this nomination as for us to do that because there is no chairman at that time, Senator SPEC- thoroughly and carefully as the Amer- way to know at this point whether we TER, despite President Bush’s desire ican people deserve. It is going to take will have our work done by that time. that it move forward, said: No, I think time.’’ That was Senator LEAHY then. Historically—and it is for good rea- that is a reasonable request, and so we He also said, ‘‘It makes sense that we son—you want to have the review com- put it off. It was 90-some-odd days be- take time to do it right.’’ I think the pleted before you question the witness fore that confirmation occurred. It was American people deserve nothing less. about the matters under review. That well over 70 days before the hearings He also said that we want to do it makes sense. So there is no reason to began. right, we don’t want to do it fast. set that date today, and that is trou- Mr. President, first and foremost, we Again, if that was the standard a few blesome. We don’t know if we will be are committed to giving this nominee years ago when Republicans were in ready by July 13, but there is a lot of a fair, good, just hearing. But to do so the majority, I don’t know why it history to suggest it is going to be very requires that we have an opportunity wouldn’t be the standard today. difficult to be ready by that time. to examine her record of probably more I don’t know what our friends in the The leader just pointed out the fact than 4,000 cases. In addition to that, majority are fearful of. This nominee that if you compare the work required she has given a lot of speeches and certainly has already been confirmed to consider the nomination of the now- written law review articles, which need by the Senate twice. She has an exten- Chief Justice John Roberts as opposed to be analyzed. sive record, and it takes a while to go to this nominee, you have more than 10 Make no mistake about it, this is the through 3,600 cases. In the case of the times as many cases to look at with only time, the only opportunity this Chief Justice, there were only 327 Judge Sotomayor as you had with Jus- Congress and the American people have cases. He had only been on the circuit tice Roberts. That takes a lot of time. to play a role in what will turn out to court for a couple of years. She has And even with 20-some staffers reading be a lifetime appointment, an appoint- been on one court or another for 17 these 4,000-plus decisions, it is not just ment to a Federal bench of independ- years. It is a larger record. I am con- a matter of reading the cases; it is a ence and unaccountability for the rest fident, and our ranking member, Sen- matter of then looking to see what the of their lives. I think it is important ator SESSIONS, confirms that the staff precedents cited were to determine that we do this right. is working rapidly to try to work their whether you think the judge was right I thank Senator MCCONNELL for his way through this lengthy number of in the decision that was rendered, to leadership in trying to insist that we cases. But a way to look at it is the look at the other references in the case do it right. I believe, from what I know committee had to review an average of to see how closely this followed exist- today, the timeframe set forth is unre- six cases a day in order to be prepared ing law, and whether it appears the alistic. More than that, it is not nec- for Judge Roberts’ hearings—six cases judge might be trying to make law as essary. Let’s do this right, take our a day. The committee will now have to opposed to deciding law. time, and do it in a way that I hope— review an average of 76 cases—76 That is important in this particular as I have said repeatedly, this would be cases—per day in order to be ready by case because of the standard the Presi- what people could say is the finest con- the time the majority has proposed for dent laid down for his nominees which firmation process we have ever had. the Sotomayor hearing. strongly suggests something beyond I thank the Chair and yield the floor. The Senate functions on comity and deciding the law. In 5 percent of the The PRESIDING OFFICER. The Sen- cooperation, and the majority leader cases, as he said, there is no precedent, ator from Kentucky is recognized. and I are a big part of that every day, there is no legal mechanism for decid- Mr. MCCONNELL. Mr. President, I trying to respect each other’s needs ing how the case should come out. You thank my good friend from Alabama and trying to make the Senate func- have to base it on other factors. Every- for his observation about this nomina- tion appropriately. Here the Demo- body is well aware of some of the fac- tion. He and I have been involved in a cratic majority is proceeding, in my tors this particular nominee has talked number of these confirmation pro- view, in a heavy-handed fashion, com- about and the President has talked ceedings over the years. In every one of pletely unnecessary, and is basically about—the empathy, the background, them, I think there is a sense of fair- being dismissive of the minority’s le- the experience in other matters. ness that can be reached on a bipar- gitimate concerns of a fair and thor- The question is, in reading these tisan basis so that the nominee is ade- ough process. There is no point in this. opinions, do you find a trend of decid- quately and appropriately vetted. That It serves no purpose, other than to run ing cases on something other than the is what the Senator from Alabama is the risk of destroying the kind of com- law, potentially the making of law in looking for as we go forward on the Ju- ity and cooperation that we expect of this particular case? And even if, as the diciary Committee. each other in the Senate, all of which leader said, you have to review 76 cases Frankly, I was surprised to learn was granted in the case of Chief Justice a day, that is only the decisions she that the majority decided unilaterally, Roberts and Justice Alito. has participated in or the opinions she basically, that the schedule would in- Let me be clear. Because of what our has written or joined in. volve hearings beginning on that spe- Democratic colleagues are doing and How about the other writings—her cific date, July 13, to which Senator the way they are doing it, it will now law review writings, her speeches she SESSIONS referred. be much more difficult to achieve the has given, the FBI report, the ABA re- During the Senate’s consideration of kind of comity and cooperation on this port, which we do not have yet, the both the Roberts and Alito nomina- and other matters that we need and ex- questionnaire which has not been com- tions, we heard a lot from our Demo- pect around here as we try to deal with pleted; in other words, a variety of cratic colleagues about how the Senate the Nation’s business. things that have been reviewed and wasn’t a rubberstamp and about how it I hope they will reconsider their deci- read. And then you discuss the nomina- was more important to do it right than sion and work with us on a bipartisan tion with witnesses to say this matter to do it fast. If that was the standard, basis to allow a thorough review of this has been raised, this matter has been I suggest to our colleagues, just a few lengthy record that the nominee pos- raised, what do you think about that? years ago, why wouldn’t it be a good sesses. She will have a variety of people who standard today? If that was the stand- Mr. President, I yield the floor. will be writing to the committee on her ard when the Republicans were in the The PRESIDING OFFICER. The Sen- behalf. We will receive reams of letters majority, why wouldn’t it be a good ator from Arizona. and comments from people who think standard when the Democrats are in Mr. KYL. Mr. President, I wish to she is a good nominee, and we will re- the majority? We are talking about the join the ranking member of the com- ceive a lot of comments, I suspect, same Supreme Court, the same lifetime mittee on which I sit, as well as the from people who think she is not a appointment to which Senator SES- distinguished minority leader, in ask- good nominee. We need to go through SIONS referred. ing the question of why we have to set all of that. When people write to us

VerDate Nov 24 2008 00:58 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.033 S09JNPT1 jbell on PROD1PC69 with SENATE S6344 CONGRESSIONAL RECORD — SENATE June 9, 2009 about these nominees, for or against, perhaps if somebody had not been to allow the nominee to respond to un- we don’t ignore what they say; we take aware of that omission, maybe we fair criticisms of her record. But the it to heart. That is part of our job. All would not have received that document chairman and all our Democratic col- of this takes a great deal of time and at all. What else might she have failed leagues know that the Republican Sen- effort. to include that might be an important ators who will actually be voting on Final point, Mr. President. We don’t bit of information as our committee this nominee, I am confident and cer- want to leave this to staff. We are does its oversight work? tain, have been nothing but extremely going to read those opinions. I have in- In addition, the nominee was sup- fair and courteous and respectful of the structed my staff on the opinions I posed to provide opinions and filings nominee. Even when she made mis- want to read. I am used to reading for cases going to verdict, judgment, or takes, such as omitting several things court opinions, but not everybody has final decision. For three cases, she in- from her questionnaire, we have not done that fairly recently in their ca- dicates that the District Attorney’s Of- criticized her for that. So in return for reer, and that takes a lot of time as fice is searching its records for infor- this courtesy, I am disappointed that well, considering all the other work we mation on this case, and she did not we are being rushed to complete this have to do. provide those. process in a time based on what I know To do this right, to conduct the kind In 14 cases, she noted that she tried, now is not a wise approach. I don’t of fair and thorough hearing that Sen- the record is incomplete and not pro- think it is a good way to begin the pro- ator SESSIONS talked about, and to fol- vided. So we don’t have any documents ceedings. low the kind of precedents and tradi- related to these cases. I look forward to working with my tion that the minority leader talked As another example, the nominee is colleagues on this date. Perhaps we can about, I think it is important for us to supposed to list speeches, remarks, and do better as we move forward. It is an do it right, to get it right, to take the lectures she gave and, in the absence of important process. It is the public’s time that requires. And if that means having a prepared text, to provide out- only opportunity to understand what going beyond July 13, then do that. lines, notes, and then a summary of the this is about. I think we ought to do it Senator SPECTER, when he was chair- subject matter. right. As Senator LEAHY has said, do man of the committee, worked in a bi- Several of the entries lacked any sub- not rush it. partisan way with Senator LEAHY. Sen- ject matter descriptions or are so I yield the floor. ator LEAHY can certainly work in a bi- vague as to be utterly uninformative, Mr. REID. I suggest the absence of a partisan way with us to ensure there is including these quotes I will note for quorum. an adequate amount of time. the record, and we have had some prob- The PRESIDING OFFICER. The At the end of the day, what we want lems with her speeches. A lot of speech- clerk will call the roll. is a hearing that everyone can say was es she has given she has no text for. The legislative clerk proceeded to fair, was thorough, resulted in a good I note this is on her questionnaire: ‘‘I call the roll. decision and, hopefully and presum- spoke on Second Circuit employee dis- Mr. REID. Mr. President, I ask unan- ably, will allow this nominee, if she is crimination cases.’’ She did not indi- imous consent that the order for the confirmed, to take her position prior to cate what or give any summary of quorum call be rescinded. the beginning of the October term. Jus- that. The PRESIDING OFFICER. Without tice Roberts was confirmed, I believe, Another one: ‘‘I spoke at a federal objection, it is so ordered. on the 29th of September, and that was court externship class on ‘Access to Mr. REID. Mr. President, let me say 4 days ahead of the time, I think—or 2 Justice.’ ’’ It is not clear what that was a few words regarding the excellent days. The Court reconvenes on October in any way, and no summary and cer- work of the Judiciary Committee, the 5. Therefore, I see no reason why, if we tainly no text. work that has been done by Chairman do this right, we cannot have the nomi- ‘‘I participated in a panel entitled LEAHY. He has informed me that Sen- nee—if this nominee is confirmed—con- ‘Sexual Harassment: How to Practice ator SESSIONS has been most coopera- firmed by the time the October term Safe Employment.’ ’’ Similarly, no ad- tive during the entire time Senator begins. ditional explanation. SESSIONS has had this new assignment. Next: ‘‘I spoke on the United States Senator MCCONNELL asked me one I say to my colleagues, let’s do this judicial system.’’ day last week to delay a floor vote on right and not try to push things beyond Next: ‘‘I spoke on the topic Judge Sotomayor until after the Au- the point that is appropriate under the ‘Lawyering for Social Justice.’ I dis- gust recess, and he sent me a letter, circumstances. cussed my life experiences and the role The PRESIDING OFFICER. The Sen- which I was happy to receive, making of minority bar organizations.’’ his case for this delay. I indicated to ator from Alabama. ‘‘I participated in a symposium on Mr. SESSIONS. Mr. President, I him this morning—he, Senator MCCON- post-conviction relief. I spoke on the NELL thank Senator KYL for his leadership —that I had a telephone call execution of judgments of conviction.’’ scheduled with the chairman of the Ju- on this committee. He is one of the ‘‘I spoke on the implementation of Senate’s great lawyers. I appreciate his diciary Committee and the President the Hague Convention in the United to go over the content of Senator insights, as we all do. States and abroad.’’ I note that I think this rush is ill ad- MCCONNELL’s well-written letter. ‘‘I participated in an ACS panel dis- We had quite a long conversation vised. In truth, the White House was cussion on the sentencing guidelines.’’ determined to get the nominee’s ques- with the President. Time? I don’t ‘‘I participated in a roundtable dis- know, 15 minutes, 10 minutes. But it tionnaire to the Senate in a hurry. cussion and reception on ‘The Art of There were a number of cameras and was certainly enough to learn very Judging’ at this event.’’ quickly that the President was well crews and press releases that went out It would be nice to know what she when boxes were delivered. In many versed on this nomination. thought about the art of judging. After having spoken with the Presi- ways, the questionnaire was incom- ‘‘I contributed to the panel, ‘The Fu- dent and the chairman of the com- plete, the result, I think, of that kind ture of Judicial Review: The View from mittee this morning, I had an obliga- of rush. In others, the nominee failed the Bench’ at the 2004 National Con- tion to convey to Senator MCCONNELL to provide sufficient details that are vention. The official theme was ‘Lib- my conclusion based on my conversa- required by the questionnaire. erty and Equality in the 21st Cen- For example, the judge did not in- tion with the President. tury.’ ’’ What I wish to do now, Mr. President, clude a troubling recommendation to Those are some of the things that I is read into the RECORD a letter I had the Puerto Rican Legal Defense Fund think are inadequate responses to the delivered this morning to Leader to lobby against a New York State law questionnaire’s requirements. This MCCONNELL: that would reinstate the death penalty, questionnaire is one we have used for DEAR MITCH: and it had quite a bit of intemperate nominees of both parties for a number Thank you for your letter regarding the rhetoric in it. After that was noted, she of years. process for considering the nomination of admitted she had failed to include but The chairman justifies this rushed Judge Sotomayor to the United States Su- got that document in. But I suggest schedule because of the need, he says, preme Court. I have taken your concerns

VerDate Nov 24 2008 00:58 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.034 S09JNPT1 jbell on PROD1PC69 with SENATE June 9, 2009 CONGRESSIONAL RECORD — SENATE S6345 into consideration and have discussed the cess, or the first Tuesday after Labor ing the 5 weeks we are in session dur- confirmation process with the President and Day, Tuesday, September 8, would sub- ing July we are going to be working the Chairman of the Judiciary Committee. ject Judge Sotomayor to the longest Mondays through Fridays, and you Judge Sotomayor’s judicial record is large- delay between selection and her con- have informed the members of the Ju- ly public and has been undergoing extensive review by all interested parties at least since firmation hearing of any Supreme diciary Committee—Democrats and the President announced her nomination on Court nominee in history, so far as we Republicans—that would be the case? May 26. In addition, she has returned her can tell. We stopped checking, frankly, That is why—it is my understanding questionnaire, including available records of when we got back to 1960. The GOP from the distinguished chair—you had her speeches and writings, in record time. plan would delay her hearing until the announced the hearing was going to Her record for review is now essentially com- 107th day after her selection. Robert start on a Monday? plete. Bork, the current record holder, waited Mr. LEAHY. We are going to be in In contrast, both Judge Roberts and Judge Alito had spent significant time in the exec- 76 days. Thomas and Alito waited 64 anyway. I would also note this gives us utive branch and much of their record was and 67 days, respectively. plenty of time. not public or available for review following We are doing our utmost to have this We get elected in November, most of their nominations. Numerous executive nominee have a fair hearing. We want us—the first week in November—and branch documents were not included with to make sure the Republicans have all when we are new Senators, we find it their questionnaires, and much staff prepara- the time they need, but history doesn’t difficult to put everything together in tion time was devoted to extensive negotia- lie, and history suggests we are being 2 months, to go into the Senate in Jan- tions over document production with both overly generous with this good woman. uary. We should at least give the same nominations. She will be a wonderful addition to the In 2005, Senator LEAHY agreed to a Sep- courtesy to a Justice of the Supreme tember 6 hearing date for the Roberts nomi- Court, and I would hope we can move Court that we expect the American nation before Judge Roberts had submitted forward and have this matter resolved voters and taxpayers to give us. his questionnaire, and before more than quietly, respectfully, and fairly. I yield the floor. 75,000 pages of documents, primarily from Mr. LEAHY. Mr. President, if the The PRESIDING OFFICER. The Sen- the Reagan Library and the National Ar- Senator would yield. I might add to ator from New York. chives, came in throughout August and be- that. When I met with the distin- Mr. SCHUMER. Mr. President, I wish fore the hearing began in September. Indeed, guished Senator from Alabama last to confirm and agree with most of what on the eve of the planned start of the hear- week, I had originally suggested it ing, on August 30, the Archives notified the the majority leader and our chairman would be well within the appropriate Judiciary Committee they had found a new have said. The bottom line is, this is a timeframe of the other Justices—in- set of documents consisting of about 15,000 nomination that should be easy to cluding Justice Roberts—that we have pages. These were delivered September 2, study up on. The record is public. The further complicating the hearing prepara- the hearing the week we came back record has been available from the day tions. The hearings went ahead on Sep- from our week-long break of the she was nominated. There are not tember 12. Fourth of July. He had expressed—and thousands and thousands of pages Furthermore, Hurricane Katrina hit New I will let him speak for himself—some given to us at the end of the days, as I Orleans and Chief Justice Rehnquist passed concern about that week after, and so away while Judge Roberts’ nomination to be know my colleague, the chairman, has I said: OK, we will put it a week later. an Associate Justice, leading to a week-long said. delay in his hearing after he was then nomi- He, obviously, wanted to speak with his leadership, and that is fine. I had I would like to make one other point. nated to be the new Chief Justice. I know my colleague, our ranking mi- Despite these obstacles, Judge Roberts was originally intended to speak about it confirmed 72 days after President Bush on Friday, but I understood that the nority member, Mr. SESSIONS, said named him as a nominee to the Supreme Republican leader had sent a letter to Alito took some 90 days. That is true. Court. If Judge Sotomayor is confirmed be- the majority leader because the major- But that included both the Thanks- fore the Senate recess in August, she will ity leader had told me about that, and giving and Christmas breaks. If you have been confirmed on a virtually identical we are all aware of the date. There was look at the actual working days, it was timetable. If, however, she is not confirmed much shorter, as it has been for every until the beginning of the Court’s term in never a question about what date I in- tended to start. I had known that for other Justice. Let me repeat. If we October, consideration of her nomination were to do what the minority leader will have lasted nearly twice as long as that some time. But this morning I told him of Judge Roberts. by telephone I was going to do that asks, and not vote on this nomination Confirming Judge Sotomayor before the date. I talked to the President, and I so until well after the September break, August recess would give her time to prepare advised Judge Sotomayor. it would be the longest nomination adequately for the Court’s fall term, includ- The fact is, we are not doing some- proceeding we have had for the most ing the review of hundreds of petitions for publicly available and most concise certiorari for the Court’s first conference thing where we have problems with tens of thousands of pages just days be- record. and preparation for merits arguments. It This is not somebody whom we have would also allow her time to move and hire fore the hearing. We have all the mate- law clerks. I do not believe it is fair to delay rial. I can’t speak for other Senators, to dig and find out things about, be- Judge Sotomayor’s confirmation if it is not but we have a lot of work to do. We are cause she has had 17 years—17 years—of absolutely necessary. paid well, and we have big staffs. I had Federal decisions at the district and at I appreciate that Senate Republicans are hoped to take some vacation time dur- the court of appeals level, more than committed to a fair and respectful confirma- ing the Fourth of July week—I will any other nominee to the Supreme tion process for Judge Sotomayor. I believe not. I will spend that time preparing Court in 100 years—in 70 years, excuse it is important that Senators be permitted me. No, in 100 years for Federal and in the opportunity to thoroughly review Judge for it in my farmhouse in Vermont. I Sotomayor’s record and to fulfill our con- would suggest Senators may have to 70 years for Federal and State because stitutional duty to provide advice and con- spend some time doing that. I know a Justice Cardozo had 29 years on the sent. I believe our proposed schedule for lot of our staffs—both Republican and State bench. The record is ample and hearings and a floor vote on her confirma- Democratic staffs—are going to have to the record is public. Given the staff tion will do so. plan to take time off. They are going that I know the Judiciary minority I signed that letter HARRY REID. to be working hard. has, as chairman of the Rules Com- The hearing date is just 48 days after We have a responsibility to the mittee, any lawyer worth their salt Judge Sotomayor was selected and is American people. Certainly, we have a could more easily research the whole consistent with the 51-day average responsibility to have a Justice have record in less than a month. So, actu- time between announcement of a Presi- time enough to get a place to live down ally, Chairman LEAHY has been kind of dential selection and the start of their here, hire law clerks, and get going. generous by delaying a week or two be- hearings. It has been that way for the Mr. REID. Will my friend yield for a yond that month. past nine Court nominees who were moment? Every day, as we speak now, there confirmed. Mr. LEAHY. Sure. are, I daresay, tens of thousands of The proposed alternative, that the Mr. REID. It is also true, is it not, lawyers who have larger research dock- hearings be held after the August re- the announcement was made that dur- ets to do and are doing them in less

VerDate Nov 24 2008 00:58 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.035 S09JNPT1 jbell on PROD1PC69 with SENATE S6346 CONGRESSIONAL RECORD — SENATE June 9, 2009 time. So the bottom line is very sim- had a Latino on the bench—I am ask- given for this nominee, who has 3,500 ple. One can only come to the conclu- ing my friend, does he not believe this cases. sion that the reason for delay is delay nominee should be accorded equal I would ask if the Senator remembers alone, not needing time to study a pub- treatment—equal treatment as it re- saying with regard to the Alito nomi- lic, ample record. So I would urge my lates to the others who have been nom- nation, when our Democratic col- colleagues on the other side to recon- inated to the same post? leagues asked that it be held over past sider. That is all I am asking for. I am not Christmas, and at their request it was I have been told, at least on my sub- on the committee, but I am supporting done so, he said: committee, that no one is going to par- our Chairman LEAHY and the rest of It is more important to do it right than to ticipate in any meetings on anything. I the committee—at least those who are do it quickly. And now we have a bipartisan don’t know if that is true—I hope it moving toward this in a schedule simi- agreement to do that. isn’t—that there is going to be an at- lar to Justice Roberts. I would ask, So we just ask for a bipartisan agree- tempt to close down the Judiciary once again: Shouldn’t we, who are very ment to do it right and not too fast. I Committee on all the important issues excited about this nomination and don’t know how we can work it out, we face. want to see it move forward, expect to but I think this is an arbitrary date, Mr. KERRY. Mr. President, will the have Judge Sotomayor treated in an designed to move this process forward Senator yield for a question? equal fashion? by a certain end game, faster than we Mr. SCHUMER. I will yield to the Mr. SCHUMER. I think my colleague need to. The vacancy, as the Senator Senator. from California makes an excellent knows, does not occur until October Mr. KERRY. Mr. President, I ask my point, and I would answer in the af- when Justice Souter steps down. So we colleague, in terms of the public firmative. We are not asking for more do need to complete it by then. I have record, is it true not only that this is time. We are actually asking for less told the President I will work to make the longest period of time, but if we time, if you include vacation time. sure that occurs. were to delay it until September, that It is not a situation like with Justice Mr. SCHUMER. I thank my col- would be the longest period of time for Roberts and even Judge Alito, where league. consideration of any Justice for the there were weeks and weeks before we The PRESIDING OFFICER. The Sen- Supreme Court in history? were able to get private records that ator from New York is recognized. Mr. SCHUMER. I believe my col- were available. No one has requested— Mr. SCHUMER. If I might respond, league from Massachusetts is correct. Judge Sotomayor has not worked with with nominee Alito, now Justice Alito, Mr. KERRY. Certainly much longer the executive, so you don’t have all there was a Christmas break. As I un- than Justice Alito, Justice Roberts or those issues that have to be discussed derstand it, according to Chairman any of the others whom we considered and negotiated about executive privi- LEAHY it was the majority, Repub- very rapidly? lege. She has a 17-year career on the licans, who asked we go to that Christ- Mr. SCHUMER. Clearly, longer than bench. She has 3,000 opinions. If that is mas break, not the Democrats. In Jus- Roberts—much longer than Roberts— not an adequate record? tice Roberts’ case, I believe Katrina in- and somewhat longer than Alito. But My office just in 2 days looked at tervened and everybody had to drop ev- Alito had both the Thanksgiving and every one, for instance, of the immi- erything and work on the emergency of Christmas breaks that were counted in gration asylum cases that were Katrina. that time, and we all know people are brought before her. There were 83—a If you look at days where the record busy celebrating the holidays. pretty good sample, 83 percent. I don’t is available, and it has been available Mr. KERRY. I would also ask my col- recall the number, but there were a right from the get-go here, and no va- league whether there is any rationale large number of cases, and 83 percent of cation, no intervening long recesses here whatsoever, that we have seen, for the time we found she denied asylum to and things like that, the minority why this Justice’s entire record, which the immigrant applicant, which we here, any Senator here, will have had is public, and has been poured over al- concluded made it pretty clear that her more time to scrutinize this record ready, requires having the longest pe- fidelity to rule of law trumped her nat- than we have had for most other riod in history, in terms of Justices of ural sympathy for the immigrant expe- Judges. Again, underscored by the fact the Supreme Court, particularly given rience. that the record is public, is open and the issues that are at stake and the We just did that in a day or two. I ample. convening of a new Court in October? don’t have the kind of staff that my No one has to go look for needles in Mr. SCHUMER. Well, I thank my col- good friend, the Senator from Ala- a haystack to try to figure out the league, and I think his points are well bama, has. He should have it. He is the record of Judge Sotomayor. It is very taken. As I mentioned before, the bot- ranking minority Member. So it is very extensive and ample. With Justice Rob- tom line is, any lawyer worth his salt— easy, given the number of staff, given erts, we only had a few years where he and there are many very qualified law- the public record, given that there is was on the bench and all the rest of his yers in the minority on the Judiciary no litigation or discussion about execu- record was in the executive and it took Committee—could research this record tive privilege—as there was with both us weeks, I think—the chairman prob- within a month, easily—easily. Right nominee Alito and nominee Roberts— ably remembers this better than me— now, in the buildings here in Wash- that a month seems to me to be ample or months to get the record. ington and in the buildings in New time. The chairman, in his wisdom, to With that, I yield the floor. I know York and in the buildings in Bir- which I will defer, gave more than a we want to get on with the vote. mingham, AL, are lawyers who have month to the day of the nomination. Mr. DURBIN. Mr. President, I ask far more extensive research to do in Mr. SESSIONS. Will the Senator unanimous consent to speak for up to 3 less time and they do it well. yield for just one question? minutes before the vote. Mrs. BOXER. Would my friend yield Mr. SCHUMER. I am happy to yield The PRESIDING OFFICER. Without for a question? to my colleague. objection, it is so ordered. Mr. SCHUMER. I would be happy to Mr. SESSIONS. I know the Senator Mr. DURBIN. Mr. President, I join in yield. from California raised the question of saying the chairman of the Senate Ju- Mrs. BOXER. I know we have to vote, doing for this nominee as the others. If diciary Committee, Senator LEAHY, has but I wish to speak for a minute. As a this goes forward as planned, it would come up with a reasonable timetable woman, and being from California, we be 48 days from nomination announce- for considering this historic nomina- have such excitement about this nomi- ment to the first hearing. I wonder if tion. I believe his setting Monday, July nation. I know we all agree this is a the Senator from New York would ac- 13, for the hearing is well within the historic first, this nomination, and I knowledge that for Justice Breyer it ordinary bounds of time allotted for think, given that and the fact that the was 60 days; for John Roberts it was 55, Supreme Court nominees. The impor- women of this country comprise a ma- the shortest; and Sam Alito was 70. tant date is when paperwork is sub- jority and there is only one woman on This would be much shorter a period of mitted. When it came to the submis- the Court—and we certainly have never time than the period we are being sion of paperwork before the hearing

VerDate Nov 24 2008 00:58 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.037 S09JNPT1 jbell on PROD1PC69 with SENATE June 9, 2009 CONGRESSIONAL RECORD — SENATE S6347 actually took place, basically, when it by the Senator from North Carolina, and we would like to complete it if we came to Judge Sotomayor, she com- Mr. BURR. could. We have been now almost a week pleted her paperwork setting forth her Mr. BURR. Mr. President, I ask for and a half on this legislation, so it key information, background, on June the yeas and nays. shouldn’t take much more to get to 4. The July 13 hearing will take place The PRESIDING OFFICER. Is there a final passage. 39 days after that paperwork was sub- sufficient second? There is a sufficient So I make that offer to my col- mitted. second. leagues, that they can sit down and see In the case of Justice Alito—who in- The clerk will call the roll. if we can’t resolve some of those mat- cidentally had participated in 4,000 The legislative clerk called the roll. ters or at least allow for some time for cases, 1,000 more than Judge Mr. DURBIN. I announce that the debate on those outstanding germane Sotomayor—in that case, in Justice Senator from West Virginia (Mr. amendments that are pending. Alito’s case, the hearing took place 40 BYRD), the Senator from Massachusetts f days after we received his work; for (Mr. KENNEDY), and the Senator from MORNING BUSINESS Chief Justice John Roberts, 43 days. Mossouri (Mrs. MCCASKILL) are nec- This is entirely consistent. essarily absent. Mr. DODD. Mr. President, I ask unan- I might also add a point that was The PRESIDING OFFICER (Mr. imous consent to proceed to morning raised by Senator UDALL of New Mex- BEGICH). Are there any other Senators business, with Senators permitted to ico. Judge Sotomayor is no stranger to in the Chamber desiring to vote? speak for up to 10 minutes each. this Chamber. She was nominated first The result was announced—yeas 36, The PRESIDING OFFICER. Without for the district court bench by Presi- nays 60, as follows: objection, it is so ordered. dent George Herbert Walker Bush and [Rollcall Vote No. 205 Leg.] The Senator from Utah is recognized. then nominated for the district court YEAS—36 f by President Clinton. That is an indi- Alexander DeMint Martinez ORDER OF PROCEDURE cation that we have seen her work be- Barrasso Ensign McCain fore. We are aware of her background. Bennett Enzi McConnell Mr. HATCH. Mr. President, I ask The last point I would make, con- Bond Graham Murkowski unanimous consent that the distin- Brownback Gregg Risch sistent with the Senator from Cali- Bunning Hagan Roberts guished Senator from Missouri be given fornia, is that justice delayed could be Burr Hatch Sessions a couple of minutes to make his speech justice denied. In this case, if we con- Chambliss Hutchison Shelby for the record and that afterwards I im- tinue this hearing for a record-break- Coburn Inhofe Thune mediately be given the floor. Cochran Isakson Vitter ing period of time—which has been re- Corker Johanns Voinovich Mr. WYDEN. Mr. President, reserving quested by the Republican side—it will Crapo Kyl Wicker the right to object, and I do not intend mean we will have a vacancy on the NAYS—60 to object, I would ask unanimous con- sent to be recognized following the re- Supreme Court when it begins its im- Akaka Feinstein Murray portant work this fall. Baucus Gillibrand Nelson (NE) marks of the distinguished Senator What Chairman LEAHY has asked for Bayh Grassley Nelson (FL) from Missouri, and then following the is reasonable. It is consistent with the Begich Harkin Pryor remarks of the distinguished Senator Bennet Inouye Reed way Judges were treated under Presi- Bingaman Johnson Reid from Utah, that I be allowed to follow dent Bush and at the time the Repub- Boxer Kaufman Rockefeller him. licans had no objection or complaint Brown Kerry Sanders The PRESIDING OFFICER. Is there about it. This is a reasonable time- Burris Klobuchar Schumer objection? Cantwell Kohl Shaheen table. I urge my colleagues to support Cardin Landrieu Snowe Without objection, it is so ordered. Chairman LEAHY. Carper Lautenberg Specter Mr. HATCH. Mr. President, I wish my I yield the floor. Casey Leahy Stabenow colleague to understand that I may Collins Levin Tester f Conrad Lieberman Udall (CO) take longer than 10 minutes, so I ask unanimous consent for that. CONCLUSION OF MORNING Cornyn Lincoln Udall (NM) Dodd Lugar Warner The PRESIDING OFFICER. Is there BUSINESS Dorgan Menendez Webb objection? The PRESIDING OFFICER. Morning Durbin Merkley Whitehouse Feingold Mikulski Wyden Without objection, it is so ordered. business is closed. The Senator from Missouri is recog- NOT VOTING—3 f nized. Byrd Kennedy McCaskill FAMILY SMOKING PREVENTION f AND TOBACCO CONTROL ACT The amendment (No. 1246) was re- jected. NOMINATION OF LIEUTENANT The PRESIDING OFFICER. Under Mr. DODD. Mr. President, I move to GENERAL STANLEY MCCHRYSTAL the previous order, the Senate will re- reconsider the vote, and I move to lay Mr. BOND. Mr. President, today in sume consideration of H.R. 1256, which that motion on the table. the Appropriations Defense Sub- the clerk will report. The motion to lay on the table was committee we heard about some good The legislative clerk read as follows: agreed to. things going on in South Asia and the A bill (H.R. 1256), to protect the public Mr. DODD. Mr. President, if I may— new strategy for both Afghanistan and health by providing the Food and Drug Ad- ministration with certain authority to regu- I wish to ask unanimous consent to go Pakistan to bring military and civilian late tobacco products, and to amend title 5, into morning business at the conclu- efforts into that region. United States Code, to make certain modi- sion of these brief remarks—there are I understand the Armed Services fications in the Thrift Savings Plan, the several amendments that are germane Committee has just approved the nomi- Civil Service Retirement System, and the amendments to this bill that we ought nation of LTG Stanley McChrystal, an Federal Employees’ Retirement System, and to consider, and my hope is that will ex-commander of the international se- for other purposes. happen. I will let the leadership deter- curity forces, the final senior-level Pending: mine what the rest of the day will be military position in the theater. Dodd amendment No. 1247, in the nature of like, but my hope is we can complete The dedicated members of the Amer- a substitute. these other germane amendments that ican military, our intelligence profes- Burr/Hagan amendment No. 1246 (to are before us. I know there is a package sionals and State Department officials amendment No. 1247), in the nature of a sub- stitute. of amendments on other things to be continue to serve our country well, but Schumer (for Lieberman) amendment No. looked at, and I am certainly prepared it is essential that the efforts of each 1256 (to amendment No. 1247), to modify pro- to do that. be woven together to form a com- visions relating to Federal employees retire- My good friend, the Senator from prehensive strategy that will not only ment. Wyoming, Senator ENZI, is not on the win the battle but win the war. This The PRESIDING OFFICER. The floor at this minute, but he and I have will take senior leaders of great vision question occurs on amendment No. 1246 had a good relationship on this bill, in all areas of our government.

VerDate Nov 24 2008 01:29 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.038 S09JNPT1 jbell on PROD1PC69 with SENATE S6348 CONGRESSIONAL RECORD — SENATE June 9, 2009 Last November I reached out to the Afghan National Army and Police, The White House talking points tell many of these leaders when I sent then General McChrystal acknowledged the us that the Supreme Court nomination, President-elect Obama and his national Afghan component is essential to any Judge Sonia Sotomayor, has more Fed- security team my report on the way successful COIN strategy. Years of spe- eral judicial experience than any Su- forward in Afghanistan and Pakistan. cial operations experience has led him preme Court nominee in a century. My President Obama has taken many of to know inherently how important it is friends on the other side of the aisle the steps I outlined, steps that are crit- to have the populace gain confidence in have taken, used, and aggressively cir- ical to our long-term success in the re- its own government institutions. Hav- culated these talking points. I assume gion. ing met with the general in Iraq and by stressing judicial experience they Earlier this year the President ap- seen the good work he did there, hav- are saying that this overwhelmingly pointed a special envoy for the region ing watched his work on the Joint deep, broad, and vast judicial record who will oversee the implementation of Staff, and having spoken with him at provides the basis on which to judge the new strategy and he appointed a length over the past several weeks, I the nominee’s fitness for the Supreme new ambassador to Afghanistan, who can unequivocally state that he is the Court. Well, that coin has two sides. will focus the efforts of U.S. Govern- kind of officer who intends to do just The flip side is that a 17-year judicial ment agencies in country. With Gen- this—build public trust in Afghanistan. career that has produced thousands of eral Petraeus firmly in place as the Just look at his testimony. Accord- judicial decisions takes time to evalu- CENTCOM commander and the recent ing to the general, more intelligence, ate adequately and properly to con- nomination of LTG Stanley surveillance and reconnaissance (ISR) sider. The question is whether the ma- McChrystal as the next commander of is good not only because it gives you a jority is at all interested in a genuine, International Security Forces, Afghan- better understanding of the battle serious, deliberative process by which istan—COMISAF—the President will space, but also because it increases pre- the Senate can fulfill one of our most have filled the senior-most military cision which ultimately reduces civil- important constitutional responsibil- and civilian positions in-theater. ian casualties. Reducing civilian cas- ities. This process should be fair and I recently met personally with Gen- ualties is a must and will gain trust in thorough. Instead, it is being rigged eral McChrystal to talk about our way Afghanistan. and rushed for no apparent reason forward in the region and to listen to General McChrystal also believes other than that the majority can do so. This process should be bipartisan, his ideas on Afghanistan and Pakistan. that corruption is ‘‘one of the things and instead it is becoming entirely par- I must say I was impressed. He is not that must be reduced for the govern- tisan. The ranking member was not only a dedicated and accomplished sol- ment to be legitimate, and therefore even given the very same courtesy that dier who has years of combat and for the people to trust it.’’ The general the chairman was given when he was in counterterrorism experience, he is also intends for us to partner with Afghans that position at the time of the pre- an effective leader who understands the at every level to help them rid or re- duce the widespread corruption because vious Supreme Court nominations. critical challenges we face in the re- Let me focus on the process followed gion. More importantly, he under- it has a corrosive effect on the legit- imacy of the government and is per- to consider the previous Supreme stands that the war will not be won Court nominee, Justice Samuel Alito. with military might alone—that to win ceived by the Afghan people to be a real problem. This will also gain trust He had served on the U.S. Court of Ap- this war we must combine the out- peals for the Third Circuit for more standing work of our military with ef- in Afghanistan. Finally, he believes it is important than 15 years when he was nominated fective diplomatic and economic ef- that we succeed in Afghanistan not to the Supreme Court. This is 5 years forts. longer than Judge Sotomayor has A true counterinsurgency—or COIN— only because it removes access to safe havens for al-Qaida and associated served on the Second Circuit and near- strategy, one that wins the hearts and groups, but because it is the right ly the same as Judge Sotomayor’s com- minds of the local population and gains thing to do. According to the general’s bined judicial service on both the dis- grassroots support for development and testimony, ‘‘we have the ability to—to trict and circuit courts. governance efforts, includes an effec- support the people of Afghanistan and The other party demanded and was tive public diplomacy campaign. Gen- to move and to shape a better future granted 70 days from the announce- eral McChrystal not only understands that they want. And I think that that ment of the nomination to the hearing the importance of good public diplo- will make a difference in how we are to study then-Judge Alito’s record. The macy, he is dedicated to ensuring that viewed worldwide.’’ This gains trust in Senator from Pennsylvania, Mr. SPEC- our actions on the ground speak as general. TER, was chairman at the time. He loudly for our intentions as do our in- Everything I have seen or heard made no unilateral partisan announce- formation efforts. That is part of what about Lieutenant General McChrystal, ments. He imposed no truncated, lim- I call ‘‘smart power’’—combining diplo- from my conversations with him and ited timeframe. No, he consulted the matic, economic, informational and from his testimony before the Senate ranking member, and they agreed there military efforts. Armed Services Committee, his impec- would be 70 days to study that volumi- I have seen first-hand the success of cable record of military command and nous judicial record. these smart power efforts. In operations, to the comments of his fel- Oh, what a difference an election Nangarhar Province, the Missouri Na- low officers, tells me that Stan makes. With the unilateral partisan tional Guard Agriculture Development McChrystal will be a wise, measured, edict announced today by the chair- team gained the trust and cooperation and excellent commander of our oper- man, we are being given only 48 days to of the local leaders. These Missourians ations in Afghanistan. I strongly urge study the same lengthy record. We are have given Afghans in Nangarhar the my colleagues to support this nomina- told we must consider the largest judi- skills they need to grow and harvest le- tion without delay so General cial record in a century in the shortest gitimate and sustainable crops. As a McChrystal can get on the ground. time in modern memory, and that is result, Afghan farmers are not only im- I thank the Chair, and I particularly simply not enough. It is not enough to proving their own lives and land, but thank my distinguished colleague from do the job right, and I would remind poppy production in the region has vir- Utah. my friends on the other side that it was tually been eliminated. I am confident f their leaders who once said that it is that General McChrystal will support more important to do it right than to increased focus and investment in CONFIRMATION PROCESS do it fast. That was when there was a smart power efforts such as these. Mr. HATCH. Mr. President, I wish to Republican President and a Republican General McChrystal understands how associate myself with the remarks and Senate. Are we to assume from the uni- critical putting an ‘‘Afghan face’’ on concerns expressed earlier by both the lateral imposition of a stunted and in- our combat operations is to our ulti- Judiciary Committee’s ranking mem- adequate process that the majority mate success. I was pleased that when ber, Senator SESSIONS, and the distin- today no longer cares that the con- we talked about accomplishing this guished Republican leader and whip, firmation process be done right, only goal by improving our efforts to train Senators MCCONNELL and KYL. that it be done fast?

VerDate Nov 24 2008 00:58 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JN6.004 S09JNPT1 jbell on PROD1PC69 with SENATE June 9, 2009 CONGRESSIONAL RECORD — SENATE S6349 The chairman has actually suggested plan on American families and health $39 trillion, which in turn translates that he really has no choice, that some care. into a financial burden of more than intemperate criticism by a few people I am very disappointed that the $300,000 per American family. has somehow forced his hand. He can- President and my friends on the other In our current fiscal environment, not be serious about this. This nominee side of the aisle have chosen to pursue where the government will have to bor- has the full force and weight of no less the creation of a new government-run row nearly 50 cents of every dollar it than the entire administration of a plan—one of the most divisive issues in spends this year, exploding our deficit currently popular President, a compli- health care reform—rather than focus- by almost $1.8 trillion, let’s think hard ant media, and the largest partisan ing on broad areas of compromise that about what we are doing to our country congressional majority in decades to can lead us toward bipartisan reform in and our future generations. come to her defense. Interest groups health care legislation. The impact of a new government-run are mobilizing, lobbying campaigns are Yesterday, I spearheaded a letter program on families who currently in full swing, Web sites are already in with my Republican Finance Com- have private insurance of their choice operation. With all of that, are we to mittee colleagues urging the President is also alarming. A recent Milliman believe a few ill-considered remarks by to strike a more conciliatory tone on study estimated that cost-shifting a few people outside this body are health care reform. Having played a from government payers, specifically enough to cut the confirmation process profound role in almost every major Medicare and Medicaid, already costs off at the knees? Are we to believe this health care legislation for the last families with private insurance nearly is all it takes to set aside fairness, to three decades and having worked repet- $1,800 more each year. Creating another undercut the ability of the Senate to itively in a bipartisan manner with ev- government-run plan will further in- do its confirmation duty, and to inject eryone from Senators KENNEDY and crease these costs on our families in this degree of partisanship and rancor DODD to Congressman WAXMAN, I know Utah and across the country. into the process? Give me a break. something about getting things done Let me make a very important point. This is choice, plain and simple, and for our families in a thoughtful man- A new government plan is nothing it is the wrong choice. The distin- ner. You advance legislation by focus- more than a Trojan horse for a single- guished Senator from New York, Mr. ing on areas of compromise, not strife. payer system, a one-size-fits-all gov- First and foremost, let me make this SCHUMER, has said that Senators on our ernment-mandated system, where we point again, even though I am starting side of the aisle oppose this nominee at are going to put bureaucrats between to sound like a broken record: Reform- their peril, as if there is any peril in you and your doctors. Washington-run ing our health care system to ensure fairly applying basic principles and programs undermine market-based that every American has access to standards to this as well as to other competition through their ability to quality, affordable, and portable health nominees. But the distinguished major- impose price controls and shift costs to care is not a Republican or Democratic ity leader has apparently said the same other purchasers. issue; it is an American issue. When we thing to Senators on this side of the The nonpartisan Lewin Group has are dealing with one-sixth of our econ- concluded that a government plan open aisle, literally daring any of them to omy, it is absolutely imperative that vote against this nominee. That is a to all, and offering Medicare-level re- we address this challenge in a bipar- imbursement rates, would result in strange tactic, indeed, especially so tisan manner. Anything less would be a publicly and so early on in the process. 119.1 million Americans losing their huge disservice to our families and our private coverage. This is almost three It makes me wonder whether there are Nation. times the size of the entire Medicare concerns, even on the majority side, Clearly, health care spending con- Program, which is already in trouble. that the leadership simply cannot tinues to grow too fast. This year will allow to be expressed. mark the biggest ever 1-year jump in More important, this would run con- I urge my friends on the other side to health care’s share of our GDP—a full trary to the President’s own pledge to reconsider and not be intimidated and percentage point to 17.6 percent. You the American families about allowing not be pushed around. There is more can think of this as a horse race be- them to keep the coverage of their than enough time to do the confirma- tween costs and resources to cover choice. So far as I know, no one has tion job right, to have a fair and thor- these costs. The sad reality is that disputed the Lewin Group. They are ough process that can have a confirmed costs win year after year. well known as one of the most non- Justice in place when the Supreme Growing health care costs translate partisan groups in the country. Court begins its term in October. There directly into higher coverage costs. Proponents of this government plan is no need gratuitously to further po- Since the last decade, the cost of seem to count on the efficiency of the liticize the confirmation process. In- health coverage has increased by 120 Federal Government in delivering care jecting such partisanship at the begin- percent—three times the growth of in- for American families, since it is al- ning easily can result in greater con- flation and four times the growth of ready doing such a great job with our flict and division further down the con- wages. It is not the only problem, but banking and automobile industry. firmation road, and that is not good for cost is one part of the reason more Medicare is a perfect example. It is Judge Sotomayor or anybody else in than 45 million Americans do not have on a path to fiscal meltdown, with Part this body. That is not in the best tradi- health insurance. A already facing bankruptcy within tion of the Senate, it is not how the I believe we need to do more to en- the next decade, and we all know it. It Supreme Court nominations have been sure we achieve universal and afford- underpays doctors by 20 percent and considered in the past, and it is not the able access to quality health care for hospitals by 30 percent, compared to way we should do this today. every American. We can do this by re- the private sector, forcing increasing I have been informed there have been forming and improving the current sys- numbers of providers to simply stop some 4,000 decisions. My gosh, it is tem. However, the creation of a govern- seeing our Nation’s seniors. According going to take some time to go through ment plan is nothing more than a to the June 2008 MedPAC report, 9 out those decisions. backdoor approach to a Washington- of 10 Medicare beneficiaries have to get I believe we ought to be fair in this run health care system. additional benefits beyond their Medi- body, and fairness means giving enough At a time when major government care coverage—9 out of 10. time to be able to do the job properly programs such as Medicare and Med- We have a broken doctor payment and to get it done within a reasonable icaid are already on a path to fiscal in- system in Medicare that has to be fixed period of time and not be pushed in solvency, creating a brand new govern- every year, so seniors can continue to ways that really don’t make sense. ment program will not only worsen our get care. This year alone, this broken f long-term financial outlook but also formula calls for a more than 20-per- negatively impact American families cent cut. I can keep going, but the HEALTH CARE REFORM who enjoy the private coverage of their point is simple: Washington and a gov- Mr. HATCH. Mr. President, I wish to choice. ernment-run plan is not the answer. take a few minutes now to talk about To put this in perspective, as of this Talk about creating problems. The the perils of creating a government year, Medicare has a liability of almost supporters of the government plan

VerDate Nov 24 2008 00:58 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.040 S09JNPT1 jbell on PROD1PC69 with SENATE S6350 CONGRESSIONAL RECORD — SENATE June 9, 2009 know these facts. So they are trying a plan, health care reform has the poten- wanting to work together and in a bi- different approach by claiming that the tial of simply becoming another exam- partisan manner. We need to do that. government plan is simply competing ple of the Democrats justifying the You cannot work on a partisan basis on with the private sector on a so-called current economic turmoil to further issues regarding the American econ- level playing field. Give me a break. expand the Federal Government. omy. There are some in the White History has shown us that forcing To enact true health care reform, we House and on the Democratic side who free market plans to compete with have to come together as one to write want to do that. I am grateful the Sen- these government-run programs always a reasonable and responsible bill for ator from Oregon is not one of them. I, creates an unlevel playing field and the American families who are faced personally, will do everything in my dooms true competition. with rising unemployment and out-of- power to try to put together a bipar- The Medicare Program, once again, control health care costs. tisan approach to this that would work provides an important lesson. As a po- I do look forward to working to- and would put the best of the private litical compromise, Medicare was set gether to transform our sick-care sys- sector in with the best of the govern- up in 1965 to pay doctors and hospitals tem into a true health care system. I ment sector and work for our folks in the same rates as the private sector. continue to hold deep in my heart that this country. When you are talking Faced with rising budget pressures, we will move beyond these beltway about one-sixth of the American econ- Congress quickly abandoned this level- games and work together in a bipar- omy, if we do that, it will be for the playing-field approach and enacted tisan way to fix Main Street. The time betterment of the country and for ev- price limits for doctors and hospitals. is now and I am ready. erybody. If we go in a partisan, one- Today, as I have said, Medicare pay- I am absolutely positive the way to size-fits-all way—especially, in my ments are 20 percent less for doctors go is not with a government-run, gov- opinion, with a government-run plan— and 30 percent less for hospitals com- ernment-mandated health care pro- we are going to be anything but good pared to the private sector. I have been gram, which will bring the lowest com- as far as health care is concerned. I am told by doctors from Utah and across mon denominator in health care to ev- grateful for the Senator’s kind re- the country that if this continues, they erybody. I think you are going to find marks. will simply stop seeing patients alto- that the costs are so astronomical, the Mr. WYDEN. Mr. President, I share gether. A number of them are ready to way it is being formed in the HELP the Senator’s interests. There are a lot quit the profession. I cannot tell you Committee, in particular, that we are of Senators of good will on both sides the problems that will arise if we go to leaving a burden on our kids and of the aisle who want to get this done a government-run program—a Trojan grandkids and great grandkids that is right. horse to lead us to a government-man- going to be insurmountable. Mr. HATCH. I thank the Senator. dated, government-run, one-size-fits-all With that, I yield the floor. Mr. WYDEN. Mr. President, I ask massive program. The PRESIDING OFFICER (Mr. unanimous consent to speak in morn- In his March, 2009, testimony before KAUFMAN). The Senator from Oregon is ing business for up to 20 minutes. the House Energy and Commerce Com- recognized. The PRESIDING OFFICER. Without mittee, Doug Elmendorf, the Director Mr. WYDEN. Before the Senator objection, it is so ordered. of the nonpartisan Congressional Budg- leaves the floor, I wish to tell the Sen- Mr. WYDEN. When I was a young et Office, testified that it would be ‘‘ex- ator from Utah how much I am looking man, I got involved working with sen- tremely difficult’’ to create ‘‘a system forward, on a personal level, to work- ior citizens as codirector of the Oregon where a public plan [government plan, ing with him in this 5-month sprint to Gray Panthers. Every day back then, if you will] could compete on a level figure out a way to fix American we got up and said we are going to playing field’’ against private cov- health care in a bipartisan fashion. make a difference. We are going to help erage. The end result would be a Fed- Some of the moments I am proudest of people and, particularly, for senior eral Government takeover of our have been those when the two of us citizens we are going to make it pos- health care system, taking decisions have been able to team up on health re- sible for them to have a better quality out of the hands of our doctors and our form. Without getting into it this of life. patients, placing them in the hands of afternoon, let me say that millions of The distinguished occupant of the a Washington bureaucracy, and insert- poor young people who use community chair is, I think, close to my age. We ing that bureaucracy right between health centers are getting services can both recall that in those days if a them. there at no extra cost to our taxpayers, town had a lunch program for senior Here is the bottom line: We are walk- because Senator HATCH was willing to citizens, that was considered a big deal. ing down a path where stories such as work with this Senator and a group of There weren’t a whole lot of discount Jack Tagg’s could become increasingly others, including public interest groups programs. People didn’t even talk common in our great country. In 2006, and a wide variety of health care advo- about home and community-based Jack Tagg, a former World War II cates, in order to change malpractice health care services. In most of the pilot, suffered from a severe case of rules. This was done to make sure not country, back then, if a town had a macular degeneration. The regional only that those who had a legitimate lunch program for senior citizens, that government bureaucrats rejected his claim got served but also that the bulk was considered a full-fledged program request for treatment, citing high of the money went to patients in need. for older people. costs, unless the disease hit his other Thousands of low-income Americans In those early days with the Oregon eye also. It took 3 years to overturn get care because Senator HATCH was Gray Panthers I started thinking about that decision—3 years, while he had to willing to take a stand for low-income the importance of good-quality, afford- suffer, when we could have done this in folks. I wish to tell him I am very able health care. I spent hours and a better way. much looking forward to working with hours back then watching what hap- Let’s remember that a family mem- him and our colleagues on a bipartisan pened when seniors and their families ber with cancer in an intensive care basis over the next 5 months to get this got exploited in the health care sys- unit would probably neither have the job done. tem. The first issue I was involved with time nor the resources to appeal such Mr. HATCH. If the Senator will yield, concerning senior citizens was a real an egregious bureaucratic decision. We I am very appreciative of the Senator’s tragedy. At that time, there were a lot need to remember the real implications remarks. I have spent 33 years working of older people who needed insurance to of these policies—not simply in terms on virtually every health care bill that supplement their Medicare. It was very of political spin and special interests has come up. We have always done it in common for senior citizens then, every but in terms of its impact on real peo- a bipartisan way. I certainly enjoy time some fast-talking salesman came ple, who are mothers, fathers, hus- working with the distinguished Sen- through, to buy another policy. When I bands, wives, brothers, sisters, and ator from Oregon. He is one of the was running the legal aid office for sen- children. more thoughtful people in health care ior citizens I would go to visit older Similar to the ill-conceived stimulus on the Finance Committee and in this people in their homes, and very often legislation and flawed auto bailout whole body. I am grateful to him for they could take out a shoe box full of

VerDate Nov 24 2008 00:58 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.041 S09JNPT1 jbell on PROD1PC69 with SENATE June 9, 2009 CONGRESSIONAL RECORD — SENATE S6351 health insurance policies—15 or 20 poli- have to be prevention and wellness so tration. This Senate has begun to move cies. A lot of them weren’t worth the it is not just sick care, as Senator in the right direction, with the leader- paper they were written on. In fact, HATCH touched on very eloquently. ship of the Obama administration, to they had what were known as subroga- That is something Democrats and promote electronic medical records. As tion clauses, so that if you had another Republicans already are on record as far as I am concerned, we ought to send policy, the first one would not pay off. coming together to support. Fixing the these paper medical records off to the It was tragic to watch senior citizens private insurance marketplace is a fun- Museum of American History and put walking on an economic tightrope damental part of health reform. them next to the typewriter and tele- every week, balancing food against fuel There are other areas where Demo- graph. and fuel against medical bills, and get- crats and Republicans can join forces. The Obama administration has made ting sold all this junk health insur- One that I care most about is making good progress in moving in that direc- ance, and as I said earlier, most of it health care coverage portable so that tion. But much more needs to be done wasn’t worth a lot more than the paper you do not lose your coverage when ei- to lower administrative costs in health it was written on. I starting saying to ther you leave your job or your job care. people, I want to do something about leaves you. Once again, Democrats and Repub- this. In a few years, I got elected to the This is an especially serious problem licans have teamed up. They’ve said, House of Representatives, and I had a for the millions of folks who are laid let’s use the withholding system. We chance to work with both Democrats off today. They go to a program called already do that for administering much and Republicans, a number of them in COBRA, which, I might note, is the of the human services benefits on the Senate today. Chairman BAUCUS only Federal program named after a which our people rely. We will make was very involved in the effort. poisonous snake. Colleagues have im- sure people sign up once so they don’t In the early nineties, we finally proved it, certainly, in the stimulus to have to go through it again and again. drained that swamp of paper. Today it try to provide additional assistance. We will pool people into these larger is possible for a senior to have just one But it is still part of a dysfunctional groups so they don’t have to experience of these policies, not 15 or 20, and have system that has not changed a whole the excessive administrative costs that the extra money to spend on other es- lot since the 1940s. Much of the rules are associated with smaller groups, and sentials. The coverage is standardized with respect to coverage—and cer- they will have portable coverage so our so you don’t need to be some kind of tainly, in my opinion, that have led to people do not have to apply time and Houdini in order to figure it out. the lack of portability—were made in again, every time they change their That effort resulted in the only the 1940s, when there were wage and job. tough law on the books today that price controls, and when big decisions For each one of these issues—insur- really has teeth in it to regulate and got made that affect health care today. ance reform, portability, lower admin- stop some of these private insurance Back in the 1940s, the rules made istrative costs—already there exists a ripoffs. I am very proud to have taken some sense for those times. People significant group of Democrats and Re- a role along with some of my col- would usually go to work somewhere publicans in the Senate willing to join leagues in the Senate in changing it. and pretty much stay put for 20 or 25 forces. Democrats and Republicans, as part years until you gave them a gold watch My own view is these are not par- of health reform, are going to have to and a 20,000-calorie retirement dinner. tisan issues, and I think there are fix the insurance market for the non- That is not what the workforce is other areas that can also be tackled to- elderly population. The insurance mar- about today. gether by Democrats and Republicans. ket today for those who are not in Today the typical worker changes One of the most contentious of those Medicare or in the veterans system, their job 11 times by the time they are upcoming issues involves the tax rules but who instead have private coverage, 40. So what workers need is portable for American health care. The reason is inhumane. It is all about cherry- health care coverage, coverage they these are so important is, of course, picking. It is about trying to find can take from place to place. People do they are vital to Americans who are healthy people and send sick people not need to find that when they lose trying to pay for their health care and over to government programs more their jobs, they go out and face dis- other essentials. These tax rules, which fragile than they are. That is today’s crimination in the insurance market- are upwards of $250 billion a year, insurance market. place where they are not able to afford amount to the biggest federal health Fortunately, a big group of Demo- insurance, even with the COBRA sub- care program. cratic Senators and Republican Sen- sidies which, of course, run out often Prominent Democrats and prominent ators are now on record saying they before they get their next position. Republicans, just in the last few weeks, want to change that. They want to The current system is also anti-en- have said these rules do not make make sure, for example, that people trepreneur because very often some- sense. Let me give some examples for cannot be discriminated against if they body who works for a business has a colleagues on our side of the aisle of have a preexisting condition. These good idea and they would like to go some of the progressives who have Senators want to make sure, for exam- into the marketplace and try it out, called for reforms just in the last cou- ple, that instead of being sent off to but if they have an illness, they cannot ple of weeks. Robert Reich, the former the individual insurance market, where leave their job because they are not Secretary of Labor, certainly one of people don’t really have any clout or going to be able to get coverage at the leading progressive thinkers in our any bargaining power, people will be their next job. country, has talked about the able to be part of a bigger group so Once again, Democrats and Repub- regressivity of these rules, how they they get more value for their health licans in the Senate are on record as disproportionately favor the most af- care dollar. In this larger group mar- being willing to make a fundamental fluent. Bob Greenstein, the head of the ket, insurance companies pay out a change in the way the system works Center on Budget and Policy Priorities, bigger portion of the premium dollar in today. They are on record in favor of is on record with the same views. Both terms of benefits. portability and guaranteeing to Ameri- of those reflect the comments of indi- Democrats and Republicans are pre- cans who lose their job or want to go viduals who are progressive. pared to, in effect, turn the current somewhere else the ability to take Suffice it to say, a number of con- system of private insurance around their coverage with them. This system servatives have spoken out against completely and say: Instead of basing would be administered in a seamless these rules as well. Milton Friedman, it on cherry-picking, which is what it kind of way so you wouldn’t have to go going back to a legendary conserv- is about today, in the future, private out and reapply and have physicals and ative, began to speak out against these insurers should have to take all incur excessive costs. rules some time ago. comers. They should not discriminate. Which leads me to my next point We ought to deal with these issues on People should pool into large groups, where Democrats and Republicans are a bipartisan basis. I know of no Sen- and the companies should compete on in agreement, and that is lowering the ator—not a single one—who is going to price, benefits, and quality. There will crushing costs of health care adminis- support taxes on middle-class people on

VerDate Nov 24 2008 00:58 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.041 S09JNPT1 jbell on PROD1PC69 with SENATE S6352 CONGRESSIONAL RECORD — SENATE June 9, 2009 their health care. It is off the table. It age you buy costs. You can keep the committees, because they are showing is not going to happen. There are 100 of difference. We will have a functioning they want to spend the time to bring us. Not a single one of us is going to market. If you save $600, $800 on the the Senate together. support taxing those individuals. But I health care you buy, you have $800 to I see the distinguished Senator from do think Democrats and Republicans, go fishing in Oregon, and I suspect the Maine on the floor, and I know that for just like Robert Reich and Bob Green- Senators from Delaware and Georgia a lot of us who have worked together stein on the Democratic side and con- may have some other ideas for where on health care over a lot of years, this servatives going back to Milton Fried- people can use their savings. is a historic opportunity. This is the man on the Republican side, have said The point is, we will have created a place—the Senate—and this is the time we can come together and find a way to market where there is none now. I con- to get it done. I believe Democrats and make sure in the future these rules do sider the current health care system Republicans coming together can make not subsidize inefficiency and also dis- today, for all practical purposes, a it happen. proportionately favor the most afflu- money-laundering operation. What we Mr. President, with that I yield the ent. have done largely since World War II is floor. What is tragic in the State of Dela- set it up so that third parties call the The PRESIDING OFFICER. The Sen- ware, the State of Oregon, the State of shots, and there are not any opportuni- ator from Maine. Georgia, is, if somebody does not have ties for individuals who want to make Ms. SNOWE. Mr. President, I ask health care coverage and works in a a cost-conscious choice to buy a good unanimous consent to speak for 15 min- furniture store outside Atlanta, they, quality health care package. In effect, utes as in morning business. in effect, have their Federal tax dollar the individual has been divorced from The PRESIDING OFFICER. Without subsidize somebody who is particularly the process completely. objection, it is so ordered. well off who decides they want to get a I am not calling for individuals to go Ms. SNOWE. Mr. President, I rise to designer smile in their health care off into the health insurance market- speak about the Family Smoking Pre- plan. place by themselves. What I am saying vention and Tobacco Control Act, but Can we not all say in the interest of is they ought to have the opportunity, before I do I want to compliment the protecting taxpayers and fairness that as we have as Members of Congress, to Senator from Oregon for his passion we want that person who is interested be part of a large group where they can and his eloquent statement on behalf of in their designer smile to be able to have clout, where they aren’t discrimi- renovating and reforming our health buy as many of them as they want; but nated against, where they do have care system. That certainly will be a can we not agree, Democrats and Re- power in the marketplace to make a historic occasion. I have worked with publicans, that if they are going to get sensible choice for themselves and him on so many instances in the past, a designer smile, they are going to pay their family. in a bipartisan fashion, on key issues, for it with their own money rather So in each of these areas, Mr. Presi- such as prescription drugs and adding than with subsidized dollars? dent—and this is why I wanted to come the critical Part D benefit to the Medi- In each of these areas I mentioned to the floor of the Senate today, be- care Program. That also was a historic there is an opportunity for Democrats cause I know emotions are starting to event in the Medicare Program—the and Republicans to come together. run hot on this health issue—I have first major expansion of Medicare since What each of the areas I have touched outlined ways in which Democrats and its inception. I look forward to work- on deals with is making health care Republicans can come together. The ing with him in a genuine bipartisan more affordable—more affordable for Congressional Budget Office, which is way to build a consensus for this his- individuals, more affordable for fami- the independent arbiter of all of this, toric occasion that is so essential and lies, and more affordable for taxpayers has largely scored the proposals I have so important to all Americans. who are getting pretty darned worried outlined in the legislation that 14 Sen- It is important to get it right. It is about the debts that are being incurred ators are in support of as being budget important that we work together in a and the prospect that their kids and neutral over a 2-year phase-in period. concerted fashion, as we have in the their grandkids are going to have to The CBO has said that in the third year past. And certainly on the Senate Fi- pick up some of these bills. the proposals would actually start nance Committee, as we begin to pro- I believe one of the keys to making bending the cost curve downward. ceed to mark up legislation in the fu- health care more affordable is to make I close with this—and I thank my ture, I certainly am looking forward to it possible for the individual, largely as colleague and friend from Georgia for working with him. part of a group where they can have his patience—I think we have five of Mr. REED. Madam President, would some clout, to be rewarded for making our most dedicated legislators working the Senator yield for a parliamentary a financially sound decision for herself now on a bipartisan basis in two com- request? and her family and to have a choice to mittees to bring Democrats and Repub- Madam President, at the conclusion go to the kind of program that makes licans together. The leaders on the Fi- of the remarks of the Senator from sense for her and her family. nance Committee on which I serve— Maine, I ask unanimous consent to be The current statistics show 85 per- Chairman BAUCUS and Senator GRASS- recognized for 5 minutes, and then fol- cent of our people who are lucky LEY have been extremely fair and gra- lowing me that Senator ISAKSON be rec- enough to have employer coverage get cious. They have put untold hours into ognized for 10 minutes. no choice. Let me repeat that. Eighty- this issue. Both of them have spent an The PRESIDING OFFICER (Mrs. five percent of those who are lucky exceptional amount of time with me, SHAHEEN). Is there objection? enough to have employer coverage get and they have extended that offer to Without objection, it is so ordered. no choice. literally any Member of the Senate, to Mr. REED. I thank the Senator and Every one of us is going to require sit down and spend time with them to the Chair. that a final bill protect somebody’s try to address this bill in a bipartisan f right to keep the coverage they have. way. In the HELP Committee, Senator Mr. President, 100 Senators are going KENNEDY, Senator DODD, and Senator FAMILY SMOKING PREVENTION to vote for the requirement that you ENZI who serves on both committees, AND TOBACCO CONTROL ACT can keep the coverage you have. But are extending the same kind of good- Ms. SNOWE. Madam President, I am can we not agree, as Democrats and will. I have told the leaders of both of proud to join my colleagues in express- Republicans, that we are also going to these committees I am going to do ev- ing first and foremost my admiration say you ought to have some other erything I can to bring to them the for Senator KENNEDY, for his long- choices? I would like those choices to ideas I have outlined today that have standing, vigorous leadership, which be in the private sector. If you can find strong bipartisan support and have has been the impetus behind this legis- a plan that is financially in your inter- been scored by the Congressional Budg- lation. Undeniably, Senator KENNEDY est, you can keep the difference be- et Office as saving money and pushing continues to serve as the strongest of tween what your health care costs the cost curve downward. I have great champions on so many matters relat- today and what this new health pack- confidence in the leaders of those two ing to health care, and I am certainly,

VerDate Nov 24 2008 00:58 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.042 S09JNPT1 jbell on PROD1PC69 with SENATE June 9, 2009 CONGRESSIONAL RECORD — SENATE S6353 as we all are, grateful for his tireless providing consumers with information Under our bill, the Secretary of contributions to this major initiative. I to make informed decisions about Health and Human Services would be also commend Senator DODD, who has smoking. authorized to develop regulations that been guiding this legislation here in In fact, in August of 2006, a district impose guidelines on the advertising the Senate, and I certainly appreciate court judge found that several tobacco and promotion of a tobacco product all of his efforts to make sure that this companies intentionally manipulated consistent with and to the full extent legislation becomes a reality. I also ap- information, lied, and conspired ‘‘to permitted by the first amendment to preciate the public health agencies and bring new, young and hopefully long- the Constitution. These regulations advocates who work ceaselessly to ad- lived smokers into the market in order would be based on whether they would dress these serious public health prob- to replace those who die or quit.’’ Fur- be appropriate for the protection of lems associated with tobacco, as we all thermore, the Harvard School of Public public health. It is imperative that we well know, and who are committed to Health study in 2008 found that ciga- provide the FDA the flexibility to re- the task of reducing youth smoking. I rette companies strategically manipu- spond to inevitable tobacco industry certainly want to commend States lated menthol levels in cigarettes to attempts to circumvent restrictions, such as Maine that have used their attract and addict young people. It is while acknowledging the rights of the funds from the 1998 tobacco settlement bad enough Congress could have acted tobacco industry to sell its products to to reduce smoking rates. and chose not to do so, but what makes consenting adults. First and foremost, it is regrettable the situation even worse is that, in the While this bill allows that informed as the first decade of the 21st century interim, tobacco companies have adults ought to be able to purchase to- draws to a close that we are even hav- ratcheted up their marketing cam- bacco products, we must also under- ing this debate when the American paigns. stand that many smokers want to quit smoking. In 2006, 44 percent of smokers Lung Association reports that ciga- Congress is tackling the tobacco stopped smoking at least 1 day in the rette smoke contains more than 4,800 issue again in the wake of discovering preceding year because they were try- chemicals, 69 of which are known to how tobacco manufacturers add sub- ing to quit smoking completely. Un- cause cancer, and that smoking is di- stances to cigarettes to increase their doubtedly, for some, cessation is more rectly responsible for approximately 90 addictiveness, enhance the taste—and difficult, and as they struggle to limit percent of lung cancer deaths, and that this is unbelievable—making them more palatable to children. Menthol their risk, those individuals will seek 8.6 million people in the United States out products which they understand to have at least one serious illness caused makes an individual’s airways less re- active to the harsh effects of smoking, be less hazardous, such as lower tar and by smoking. nicotine products. While these actions In addition, the Centers for Disease and ammonia is often added to speed are admirable, their benefits are indis- Control and Prevention estimates that the delivery of nicotine to the smoker’s putably limited. That is partially be- smoking costs the country $96 billion a brain. cause the tobacco industry has waged a year in health care costs and another That is not to say we haven’t made progress in trying to limit some of the marketing campaign to convince con- $97 billion a year in lost productivity. sumers that they can continue to It didn’t have to be this way. Look- negative health effects of cigarette smoke and mitigate the negative ing back over the last several Con- smoking. We have. Since 1983, the pro- health impacts of smoking by choosing gresses, I can tell you that many of my portion of Americans who smoke has alternatives, such as light, low tar, and Senate colleagues have engaged on this declined from 30 to 24 percent, and low nicotine cigarettes. Again, an FDA issue of tobacco usage’s ill effects for since the landmark 1964 Surgeon Gen- with the authority to regulate the pro- the better part of a decade. I well recall eral report, our knowledge of health duction and marketing of tobacco prod- during the 105th Congress at least five risks of tobacco has expanded greatly. ucts is the most viable answer. And yet, without substantial initia- comprehensive tobacco policy bills Our approach would also ensure that which were introduced in the Senate. tives by Congress, in the past 10 years the scientific expertise of the FDA is The Senate Commerce Committee, on the rate of tobacco use has not dropped applied to appropriately regulate to- which I have served, held no fewer than but merely stabilized. Today, approxi- bacco. Current smokers deserve to 10 hearings on issues ranging from how mately 1 in 5 youth and adults smokes learn more about the products they to implement the tobacco settlement regularly. consume. Additionally, we must have The first step toward addressing the to protecting children from the health much improved marketing oversight, enormous toll taken on our Nation by risks of becoming a smoker to review- so that children and adults are not tar- smoking is to equip the Federal Gov- ing marketing and labeling restrictions geted with false or deceptive adver- that were under consideration at the ernment with the tools it requires to tising of a dangerous product. time. hold purveyors of tobacco to account. To that end, I was pleased to join In 1997, Senator MCCAIN, who then For too long, there has been a vacuum with Senator LAUTENBERG in spon- chaired the Commerce Committee, in- in authority when it comes to regu- soring legislation that would end the troduced the National Tobacco Policy lating smoking at the Federal level. fraud of allowing the tobacco industry and Youth Smoking Reduction Act, Our bill, the Family Smoking Preven- to perpetuate the Orwellian idea of the which contained many of the very tion and Tobacco Control Act, would safer cigarette. The Truth in Cigarette same safeguards as the measure cur- create the kind of restrictions that the Labeling Act was a bill Senator LAU- rently before us. While on the one hand Food and Drug Administration unsuc- TENBERG and I introduced to prohibit it is irrefutable that protecting youth cessfully tried to impose on the to- the cigarette companies from using the from the harms of smoking and ensur- bacco industry in 2000. Unfortunately, ‘‘FTC method’’ for measuring tar and ing tobacco products are manufactured the Supreme Court held that Congress nicotine, which had been found to be a under high standards was the correct had not yet granted the FDA explicit deceptive method of presenting data on course of action in 1997, how is it con- authority to regulate tobacco. The pur- tar and nicotine exposure through ceivable it has taken 12 years to get pose of the FDA restrictions was to smoking. this right? Why, after the first warning prevent the tobacco industry from Thankfully, the Federal Trade Com- 25 years ago by the Surgeon General on marketing its products to kids or to mission agreed to implement the Lau- the hazards of smoking, has that mes- create products that are specifically tenberg-Snowe bill by not allowing to- sage not been translated into law? attractive to children, such as flavored bacco companies to label their prod- Why is Congress taking this action cigarettes. Granting FDA the author- ucts with low tar, low nicotine, and now? What has changed since 1997 to ity to protect the children from these light. To augment that effort, Senator prompt this renewed action? For one, potentially deadly products is para- LAUTENBERG and I sent a letter to the there has been a justifiable drumbeat mount. Thus, the legislation before us FTC supporting the decision to curtail of outrage over fraudulent findings would allow regulation of manufactur- these deceptive marketing tactics and that has grown louder by the decade as ers of tobacco products in order to en- finally holding cigarette producers to the tobacco industry has been less than sure standards of content, label, and higher standards in advertising their forthcoming, and at times deceitful, in marketing. products.

VerDate Nov 24 2008 00:58 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.043 S09JNPT1 jbell on PROD1PC69 with SENATE S6354 CONGRESSIONAL RECORD — SENATE June 9, 2009 As I stated at the outset, since 2000, such varieties as chocolate, vanilla, mental in helping us craft this bill. Ad- efforts at smoking reduction have berry, lime and the package I am hold- ditionally, Erik always prepared com- largely atrophied. A Harris poll re- ing—coconut-and-pineapple-flavored prehensive and insightful background leased just last year demonstrated that Kauai Koala. materials for me that included meticu- after two decades of reduction in smok- Although State-level bills to ban fla- lously researched statistics for com- ing rates, progress has stalled. In 2009, vored cigarettes have been introduced mittee hearings and roundtables. He do we really want to say that one in in New York, Minnesota, West Vir- has also been personally responsive to four Americans smoking is an accept- ginia, Connecticut, Illinois, North small businesses seeking help navi- able statistic, and that we will turn a Carolina, and Texas—a move in the gating the confusing and difficult maze blind eye to the fact that all too many right direction to be sure—there is known as Federal contracting. And young Americans have taken up smok- more we must do. It is time for Con- Erik has been an aggressive watchdog, ing? Do we really want to say that al- gress to act to protect our youth—to exhorting government agencies to not though in the last 12 years America safeguard our children and in the proc- just meet but exceed their small busi- created YouTube, the IPod, the Iphone ess send a clear message to those in the ness contracting goals. and more—yet we can’t keep children tobacco industry that we will not per- Prior to joining the committee staff, from smoking altogether or substan- mit them to recruit our children at in- Erik had already assembled an impres- tially lower the instances of smoking creasingly younger ages to become life- sive and varied resume. A contracting by adults. Our response must be noth- long cigarette smokers. specialist and procurement technician ing less than the bill we are cham- Our bill will achieve what we failed and Navy acquisitions consultant for pioning today. to accomplish 12 years ago, and we can the Department of the Navy, Erik And make no mistake, time is of the ill afford to allow this opportunity to came to the Senate armed with the essence. The reality is the average pass. I urge my colleagues to join me in necessary experience and knowledge to smoker begins at age 19. So many indi- supporting this timely and necessary hit the ground running in procurement. viduals take up tobacco use before they legislation to protect the health of all A 2006 dean’s list graduate of the can ever legally purchase the product. Americans, especially the millions of Thomas M. Cooley Law School in And let there be no mistake about it— children at risk of becoming cigarette Michigan, Erik has also interned for our youth are targeted to be the next smokers. the circuit court of his home county in generation of tobacco consumers. I yield the floor. Frederick, MD, in addition to serving In fact, in my home State of Maine, f as a law clerk for the District Court of 1 in 7 high school students currently Ingham County, MI. These experiences COMMENDING ERIK NECCIAI smokes, and each year, 1,600 youth be- all led to the in-depth and extensive come new daily smokers. And most Ms. SNOWE. Madam President, I rise knowledge Erik possess about contract concerning, an estimated 27,000 youth today to recognize the outstanding law. now living in Maine will die pre- service Erik Necciai has provided to He graduated from Virginia Tech in maturely from health consequences re- the Senate Committee on Small Busi- 2002 with a major in biology and chem- lated to cigarette smoking, and health ness and Entrepreneurship in his ca- istry. This led to his work in 2003 as a care costs in Maine directly caused by pacity as a professional staff member research scientist for the National Can- smoking have reached a whopping $602 and counsel. When Erik joined the cer Institute at the National Institutes million annually. Committee staff just—over 2 years of Health. Prior to taking that posi- Maine has responded with a com- ago—in June 2007 I knew that I had se- tion, Erik went overseas to South Afri- prehensive tobacco prevention and con- lected a top-notch staffer who cared ca to take part in student research. He trol program known as the Partnership deeply about making a difference in organized and presented several lec- for a Tobacco-Free Maine which is peoples’ lives, and I will feel a deep loss tures on government and conservation funded with proceeds from the tobacco with his departure from Capitol Hill issues, including voting rights and the settlement. And I am proud to say that later this week. AIDS epidemic. Maine is among the States that have Indicative of the dedicated person Erik has also given generously of his maximized their tobacco settlement Erik is, he began his work on the com- time in the service of others. He has money for the purpose of reducing mittee the day after he arrived home been a dental assistant at the Virginia smoking rates and easing related from his honeymoon in romantic Italy Homeless Dental Clinic, and received health problems. That is why Maine with his new bride, Tina. During his the Volunteer of the Year Award for has established Healthy Maine Part- first weeks here, Erik was focused on his stellar work as a hospital operating nerships, including 31 local partner- preparing for a committee roundtable room assistant. A division I varsity ships that span the entire geography of regarding legislative suggestions to scholarship athlete in track and field— Maine, which are engaging in more improve the Small Business Innovation who was named a 2002 Virginia Tech than 156 policy and environmental Research, SBIR, program. He was si- Athlete of the Year—Erik has also change efforts to reduce tobacco use, multaneously studying for the Mary- combined his athletic prowess and en- increase physical activity, and encour- land bar exam—no small feat! As if gaging speaking skills to participate as age healthy eating at local schools, that was not enough, Erik faced a daily a motivational speaker for Special worksites, hospitals, recreation centers commute of roughly 2 hours each way, Olympics athletes. and other community sites. coming from his home in Solomon’s Is- Erik’s perpetual smile and charming While I commend the efforts of land, MD. After a whirlwind first demeanor make him eminently like- States such as Maine in attempting to month, Erik settled in quickly, re- able and easily approachable. His re- stem the tide of youth smoking, what maining a proactive staff member who sponsible nature and insightful analyt- we have not yet dealt with is the consistently sought new and critical ical skills make him a key member of known practices of tobacco companies avenues to increase contracting oppor- any group, and a talented Hill staffer. marketing directly to our children. tunities to small businesses and reform The consummate team player, Erik The fact is, the industry has not only the Small Business Administration’s never seeks credit or recognition for targeted children as its new customers, HUBZone program. himself, but always looks for ways that but it has designed products for them Over his 2 years on the Hill, Erik has government can empower people to im- as well. Even as one prohibition is im- helped me develop thoughtful and prob- prove their lot. posed—such as restricting the use of ing legislation regarding small busi- A proud native of Maryland, Erik cartoon characters like ‘‘Joe Camel’’— ness contracting and procurement. Necciai has already led an exciting life. we find that the tobacco industry de- Committee Chair Mary Landrieu and I But on Thursday, Erik leaves the Sen- vises a new scheme. We witnessed the will soon be introducing crucial legis- ate to begin a new chapter as the direc- new flavored products in packaging lation to reauthorize and make signifi- tor of an international consulting firm which was designed to appeal to a new cant improvements to the SBIR and headquartered locally in Northern Vir- generation. Many ‘‘child-oriented’’ fla- Small Business Technology Transfer, ginia. I only hope that he can find a vors have been developed including STTR, programs, and Erik was instru- way to reduce his commute time. That

VerDate Nov 24 2008 02:01 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JN6.007 S09JNPT1 jbell on PROD1PC69 with SENATE June 9, 2009 CONGRESSIONAL RECORD — SENATE S6355 said, Erik’s determination, sincerity, ston, Special Olympics Rhode Island At that luncheon, unsolicited by me, thoughtfulness, and character will be dedicated its 2009 State summer games the name of Jim Wooten came up and, sorely missed in the halls of the Rus- to Mike McGovern for his outstanding, one by one, the leaders of Cox Enter- sell Building. I wish Erik and his beau- long-time commitment to the Special prises talked about the tremendous tiful wife Tina the best in all of their Olympics. Speaking at the games, he contributions that Jim Wooten has endeavors, and sincerely thank Erik spoke of being inspired by the courage made to their newspaper. for his remarkable commitment to of the athletes through their ability to As one who was first elected in 1976 public service. defy stereotypes, to compete, to and has been written about many times The PRESIDING OFFICER. The Sen- strive—all of them—to win. We, too, by Jim Wooten, I wanted to add my ator from Rhode Island is recognized. are inspired by his commitment to a tribute to his journalistic talent and f very noble cause. the contribution he has made. I am not Through his presence at the organi- sure I know of any other writer I have HONORING MICHAEL MCGOVERN zation, he imbued it with a special spir- read who has reported on what is going Mr. REED. Madam President, I rise it. That spirit will be missed. But he on in politics in our State, who has to recognize and honor the significant will continue to serve because that is gotten it right more often—in fact al- accomplishments of Special Olympics his nature. ways—than Jim Wooten. Rhode Island executive director Mike Thank you, Mike, for your exemplary Conservative? Yes, he is conserv- McGovern. Mike is retiring this month service. You have been a strong advo- ative. But he is pragmatic. When he after 21 years of working to expand op- cate for thousands of Special Olympics writes his opinions on the editorial portunities for Rhode Islanders with athletes, both on and off the playing page of the Atlanta Constitution, it disabilities. He has been a lifelong field. Your dedicated leadership and makes a difference in the minds and at- friend, since grammar school and high hard work have helped thousands of titudes of Georgia’s people. school. He is someone I respect and ad- Rhode Islanders with disabilities I say job well done to Jim Wooten. I mire immensely, and this respect and achieve their goals. hope his retirement is successful and admiration is shared by the entire Also, you have been a great success rewarding in every way he wishes it to community of Rhode Island. in something as important—as a hus- be, and I thank him very much for all He has demonstrated a lifelong com- band, as a father, as a friend. I wish the contributions he has made to the mitment to upholding the mission and you and your lovely family, your wife lives of all Georgians and, in one case, values of the Special Olympics. Mike’s and your children, the best in your to this Georgian. special dedication and enthusiasm have well-deserved retirement. f ensured that the Special Olympics Let me conclude by saying Rhode Is- HOUSING Rhode Island remains one of the most land’s special athletes have never had a impressive organizations in our State, more special friend than Mike McGov- Mr. ISAKSON. I would like to talk providing year-round sports training ern. for a minute, if I can, Madam Presi- and competitions to approximately I yield the floor. dent, about a very important issue. I 2,700 young and adult athletes across The PRESIDING OFFICER. The Sen- don’t come to the floor all that often, the State. ator from Georgia is recognized. but people will tell you I come to the Mike began his involvement with Mr. ISAKSON. Madam President, I floor too often to talk about the hous- Special Olympics Rhode Island as a ask unanimous consent to address the ing industry. I am going to do it for a volunteer for 18 years, every year Chamber as in morning business for up little bit tonight because it is criti- pitching in, helping out. That is the to 10 minutes. cally important to our economy and to way he is—a generous heart, a great The PRESIDING OFFICER. Without our country. sense of community and neighbor- objection, it is so ordered. A year and a half ago, I introduced a liness. He then served as assistant ex- f piece of legislation, in January of 2008, ecutive director for Special Olympics creating a housing tax credit of $15,000 Rhode Island from 1988 to 1998, when he HONORING JIM WOOTEN for any family who would buy and oc- took over the role of executive direc- Mr. ISAKSON. Madam President, it cupy their home as a principal resi- tor. is a distinct honor and privilege for me dence in the United States. I did so be- Under his leadership, Special Olym- to stand on the floor of the Senate to cause housing had collapsed, fore- pics Rhode Island expanded the number pay tribute to a gentleman I went to closures were beginning to become of sports offered to 20. His athlete-cen- college with, a gentleman who has re- rampant and are rampant today. tered approach helped the program ex- ported on politics and government in Standing inventory proliferated, build- perience a 40-percent increase in com- Georgia for the better part of the last ers were going out of business, and our petitors. 35 years, a gentleman who recently an- economy was in a downward slide. Mike has also worked hard to ensure nounced his retirement at the end of The CBO score on that $15,000 tax that the funding goals of Special Olym- this month from the associate editorial credit is $34.2 billion, and I was told pics Rhode Island were achieved. Dur- page responsibilities at the Atlanta last January that was too expensive, ing his time with Special Olympics Journal and Constitution. we couldn’t afford to do it. By my last Rhode Island, the organization built a Mr. Jim Wooten, born and raised in count—Senator COBURN is a better budget surplus of over $1 million. He McRae, GA, veteran of Vietnam, 20 counter than I am—we spent about $5.5 also helped launch a capital campaign years in the Georgia Air National trillion trying to fix an economy that to establish a permanent home for Spe- Guard, former President of the Georgia has been in a continual downward cial Olympics Rhode Island. His inno- Press Association, lifetime trustee of slide. vative spirit, which characterized his the Georgia Press Association’s edu- Fortunately, in July of last year, entire tenure, was evident in many dif- cational fund, has made a tremendous with the help of Members on both ferent ways—particularly 33 years ago, contribution to our State and to the sides, we did get a tax credit passed, when he and several friends cofounded public lives of all our people. I rise to but it was basically an interest-free the Penguin Plunge, which is an an- pay tribute to him. loan for $7,500, it was means tested to nual New Year’s Day ritual in James- One of the greatest tributes of all families who were first-time home buy- town, RI, where hardy souls, hundreds that I can share is what happened on ers or had incomes under $150,000. It did of them, brave the frigid waters of Nar- Monday, at lunch this week. I had a no good. ragansett Bay to raise money for Spe- luncheon with the Board of Cox Enter- Later in the year, I finally convinced cial Olympics Rhode Island and raise a prises. The Cox newspapers own the At- this body, and we took off the limita- feeling of camaraderie, fellowship, and lanta Constitution, as they do the tion in terms of the payback and made good spirits to begin the year. Palm Beach Post and the Dayton it a real tax credit and raised it from Last month, Mike attended his final paper. They own many other busi- $7,500 to $8,000 and it has made a dif- games as executive director. Held at nesses. It is a huge privately held com- ference. First-time home buyers used it the University of Rhode Island in King- pany. and the market stabilized, but we don’t

VerDate Nov 24 2008 00:58 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.032 S09JNPT1 jbell on PROD1PC69 with SENATE S6356 CONGRESSIONAL RECORD — SENATE June 9, 2009 have a recession in first-time home have dissipated and disappeared in the So as we start into the health care buyers. We have a recession in the American family. And over time it will debate, there are some things I believe move-up market. restore our vibrant economy back to are critically important that I think The man who is transferred from the economy we all hope and pray will most Americans would agree with. Missouri or Georgia who can’t sell his come. The first is that individuals ought to house in Missouri, can’t come to Geor- So I ask all of the Members of the be in charge of their health care. Noth- gia, can’t take the transfer. The cor- Senate to reconsider their positions in ing should stand between you as a pa- poration can’t afford to buy the house the past and consider joining me in the tient and your physician. No bureau- and hold it for him because of the pro- introduction of this legislation tomor- crat, no government-run program liferation of inventory that is owned row. We have three Democrats and should get in between that relation- and today in the United States of three Republicans who have come on ship. America one in two sales made every board. I would like to see all 100 of us The second thing I know is you ought day is a short sale or a foreclosure. because in the end all of our problems to be able to pick what you want, you That is an unhealthy market, and it is will be more easily solved if the prob- ought to be able to afford what you continuing to precipitate a downward lems of the American taxpayers and want, and you ought to be able to do spiral in values, loss of equity by the citizens are solved, and their biggest that at the time that is appropriate for American people, and a protracted, dif- problems today are an illiquid housing your health care needs. That means ficult economic time for our country. market, a decline in their equity, a de- you have to be in charge of your health Tomorrow, joined by a number of cline in their net worth, and a depres- care, you cannot have someone else. I Members of this Senate on both sides, sion in the housing market that we are am reminded of that fact because we I will reintroduce the $15,000 tax credit obligated to correct if we possibly can. have a Medicaid Program in which 40 that is available to any family or indi- I yield the floor. percent of physicians in this country vidual who buys or occupies any home The PRESIDING OFFICER. The Sen- do not participate, and what we are in the United States of America as ator from Oklahoma is recognized. really saying to people on Medicare is: their principal residence with no means f We will give you health care, but we test for first-time home buyers, no will limit a large number of physicians means test or income limitations. To- HEALTH CARE and providers because we are not will- morrow it also will be announced in Mr. COBURN. I wish to take a few ing to pay what it actually costs to do New York the Business Roundtable has minutes this evening to kind of discuss that. adopted this tax credit as its No. 1 sug- with the American people what is The third thing is that we cannot as- gestion to the U.S. Government as the going to happen on health care—what sume, which we have, and I am worried one thing we can do to turn around the it looks like is going to happen. we will, that people cannot manage American economy. As a practicing physician, there are their own health care, that they have I am getting to be a pretty old guy. things I know that if we start from to have Uncle Sam manage it for them. I went through the second recession of ground zero we would do in health care Nothing could be further from the my career in 1974. Gerald Ford was in this country. But as I was reading truth. President, it was a Democratic Con- some articles, I pulled this quote. This There are some key components. gress. America had a 3-year standing is by Adrian Rogers, and it really be- Health care is about people. It is not inventory of new houses built and lies what is happening right now with about an insurance company, it is not unsold. The economy went into a tail- this idea of transferring the wealth. about your employer, and it is cer- spin. Values started to go down. We Here is what he said: tainly not about the government. It is were in deep trouble. You cannot legislate the poor into freedom about you. And if it is about you, you That Republican President and that by legislating the wealthy out of freedom. ought to be in control of that—abso- Democratic Congress came together What one person receives without working lutely, without a fact be in control. and passed a $2,000 tax credit for any for, another person must work for without You ought to have a caring profes- family who bought and occupied as its receiving. sional who will be able to spend the principal residence a new house that The government cannot give to anybody time with you to truly teach you pre- was standing and vacant. In 1 year’s anything that the government does not take vention, to truly work with you on first from someone else. When half of the wellness, to truly manage your chronic time, a 3-year inventory was reduced to people get the idea that they do not have to 1 year; values stabilized, the economy work because the other half is going to take disease, and then we ought to recognize came back, home sales became care of them, and when the other half gets that those services ought to be paid healthy, and America recovered. That the idea that it does no good to work because for, not outlandish fees but appropriate is precisely what will happen this time. somebody else is going to get what they payment. I am not so smart that I figured it worked for, that, my dear friend, is about You recognize that in none of the out, I am lucky enough that I lived the end of any Nation. You cannot multiply government-run programs, which is through it in 1974, and 30 years later we wealth by dividing it. now 60 percent of health care, do we need to do the right thing for America Those are pretty wise words. truly pay for prevention. We will pay and the right thing for our economy As I think about the trillions of dol- for it when you get sick. That is why and put in a time-sensitive, 1-year sig- lars that have gone through Congress we have ‘‘sick care’’ in America. We do nificant tax credit for anyone who buys this year and the fact that our spend- not have health care, we have sick and occupies as their residence a sin- ing is totally out of control, with mini- care. And we do not have real insur- gle-family home. mal effect other than things like the ance. What we have is prepaid health An independent group estimated, Senator from Georgia—had we actually expense, which about 20 percent, 25 per- when I introduced this last year, that spent the $35 billion on a tax credit to cent of the money that went into that it would create 700,000 house sales and stimulate housing rather than spend- health insurance doesn’t ever come 684,000 jobs this year. I think it is iron- ing about $100 billion on true, true back to help you get well or prevent ic that house sales today are at half a stimulus activities and another $680- you from getting sick. million. A normal to good year in the some billion on other items, and the So we ought to be about the fact that United States is 1.2 to 1.5 million sales. fact that all of a sudden we are now we know there is something wrong If you could get the tax credit and talking about pay-go—that is about me with health care in America today. We the 700,000 sales that have been esti- paying and you going—and we have all know that. We are dissatisfied, mated it will introduce and add it to spent $800 billion in the last year and whether it is the bills you get after you the 500,000 sales we have today, it will avoided pay-go 15 times in the Senate get a test that you can’t read or can’t return our housing market to nor- in the last year. Fifteen times we have understand or you have to wait or have malcy. It will stabilize the values of said: Oh, time out, pay-go does not an approval to get something. Regard- the largest investment of the people of count. And we spent another $800 bil- less of what your doctor thinks, you the United States of America. It will lion. What that means is we did not still may not be able to access that recreate equity lines of credit that have the money, we borrowed it. care. There is no question we need to

VerDate Nov 24 2008 00:58 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.045 S09JNPT1 jbell on PROD1PC69 with SENATE June 9, 2009 CONGRESSIONAL RECORD — SENATE S6357 fix health care, and I will be the first tion in health care every year, we will although there is an auto enrollment to admit we need to do that. But how not have done anything. And it will not where you can opt out. If you do not we do it—how we do it is ultimately be long before we will not be able to af- want health insurance, you do not have important, not just for the health care ford it, and then we will take the peo- to take it, but you do not get the tax of Americans, but it will markedly im- ple in the government-run option and credit that goes along with buying it. pact our economy. we will put them into Medicare, and So, in fact, of the 46 million people The very idea that we have to have then we will do a price control. who do not have access to care today another $1.3 trillion to $2 trillion to fix There is no question that we need to through an insurance program, they health care does not fit with any real- carefully address America’s health care will have it under this program, and istic set of facts anywhere else in the challenge. We need to find immediate they will have prevention, and they world. We spend twice as much per per- measurable ways to make it more ac- will have wellness, and they will have a son in this country as anybody else in cessible and affordable without jeop- medical home or an accountable care the world save Switzerland. We are not ardizing quality. We need to make sure organization to manage their chronic getting value for what we are buying. we give individuals choice at every disease, help them manage it. And they Now, why aren’t we? One of the rea- point in the health care continuum. will get to do that where they want to sons we are not is because you are not And we need to make sure we allow do it, not where some bureaucrat tells in control of your health care. You do personalized care. We are not a bunch them they will do it or where some in- not get to see a transparent price or of cattle lining up in the chute. Every- surance company tells them where quality or availability for what you body is different. Everybody needs to they will do it. purchased because we have given over be able to make their own decisions. We have a chance to hit a home run the payment for that to some other or- On top of that, the No. 1 thing we for the American people on health ganization. So we are less inclined to have to do is protect the doctor-patient care—not just on their health care, but be prudent purchasers because it is not relationship. Half of getting well is keeping us globally competitive, keep- coming out of our pocket, whether it is having confidence in the person who is ing jobs here at home instead of ship- Medicaid or Medicare or a health insur- treating you. When you do not get to ping them off where the labor costs and ance plan. We ought to be about fixing choose that, as you do not in Medicaid health care costs are less. We have a that. And our health care cannot be and oftentimes in Medicare because we chance to hit two home runs. The ques- about bureaucrats in Washington. It is are limited to the doctors who are tak- tion is, Will we do it? personal. It is also local. ing Medicare, you are limiting the out- We have before us in the HELP Com- The trust in a patient-doctor rela- come. mittee a draft of a bill that has three If you cannot get treatment when tionship is enhanced by transparency big blanks on it. We do not have any you need it, there is a crisis. If you are of the cost and transparency of the analysis by the CBO on what it is going denied the ability to choose the doctor quality. You ought to be able to go and to cost. We have no knowledge about or hospital that is best for you, that is buy a health care service and know what it costs, and we are going to be a crisis for you. If you cannot afford what it is going to cost before you buy marking that up in a week. We are sup- the coverage you need for you and your it, and you ought to know that you are posed to get health care done in 6 likely to get great outcomes based on family, then you have a crisis. We need to stop looking at it from a weeks in this country, which is 17 per- transparency of quality. That has to be global perspective and restore the hu- cent of our GDP, one-sixth of our econ- there. manity to health care. We need to omy, and we are going to do it without The second thing that has to be there focus more on people and less on the knowing what we are doing. is you have to know we are going to system. The parameters under which this spend the dollars in a way to prevent I have a lot of ideas on health care. I, Senate is addressing health care are a you from getting sick, not just take along with many others, have intro- prescription for disaster. What we care of you once you get sick. duced the Patient’s Choice Act, where should do is put out the bills, have a le- Grandmom was right: An ounce of pre- we allow everybody to have insurance gitimate debate about what is a proper vention is worth more than a pound of in this country. We equalize the tax way to go, and let the American people cure. Yet we do not incentivize that in treatment for everybody in this coun- hear the debate and see which way to any of the Federal Government pro- try. go. I will tell you, if you allow the grams we have today. And we do All the studies say that any plan American people to decide: Here is a some—especially in the ERISA-based Congress puts forward, our plan will do government-controlled option or here plans or the company-owned plans, as well or better with some major dif- is my option, with me choosing every- they have learned this. ferences. We do not raise the cost at thing, me not depending on the govern- A great plan that is out there that all. It does not cost anything. As a ment, me making the choices for my people are fortunate to have is matter of fact, it saves the States $1.3 family—when I want it, where I want Safeway. Safeway’s health care costs trillion over the next 10 years just on it, and how I want it—individual free- have risen one-half of 1 percent in the Medicaid alone. And every Medicaid dom and liberty will win every time last 4 years. The average of other plans patient out there will have a private over a government-mandated program of other employers has risen 42 percent. insurance program, and nobody will or a, quote, public government-run in- What is the difference? Why is it that ever know if they got it through Med- surance company. Safeway, with 200,000 employees, has icaid or not. They will be truly access- The PRESIDING OFFICER. The been able to have only half a percent, ing and having the care, and we will Chair reminds the Senator that his plus they also have increased satisfac- not raise taxes on anybody to do that— time under morning business has ex- tion with the health care they are get- no one. pired. ting? What is the difference? The dif- The other thing we do is, if you like Mr. COBURN. Madam President, I ference is prevention and wellness and what you have today, you can keep it. ask for 10 additional minutes. management of chronic disease. You absolutely can keep it. If what you The PRESIDING OFFICER. Is there So anything we do that does not ad- have is what you want, it gives you objection? dress prevention and incentivize it, care when you want it, access to the Mr. WHITEHOUSE. I do not object. It wellness and incentivize it, and man- doctors you want or to the hospital you will be the last extension? agement of chronic disease and want, and you can afford it, you are The PRESIDING OFFICER. Without incentivize it will not make any fix we going to keep it. But if you would like objection, it is so ordered. do here sustainable. We can cover ev- something different, and not be locked Mr. COBURN. I thank the Chair. erybody in the country. We can charge in, not having to stay at a job because One of the questions we ought to ask $1.2 trillion or $1.3 trillion to our kids you are afraid you will not have insur- the American people is: Would you over the next 10 years and we can get ance when you leave, you need to look rather pay the costs you pay today for everybody covered, but if we have not at what we are talking about. the quality of care you currently re- fixed the sustainability to where we do There is no preexisting illness exclu- ceive or would you rather get in line, not have a 7.2-percent automatic infla- sion. There is no individual mandate, pay less, not have the same quality,

VerDate Nov 24 2008 00:58 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.046 S09JNPT1 jbell on PROD1PC69 with SENATE S6358 CONGRESSIONAL RECORD — SENATE June 9, 2009 and not get to choose the health care ability for true choice, true access, and But the point is, she made a logical you are going to get or your family is true affordability. decision not to spend $1,800 because going to get—defer the decisionmaking One of the things our bill will do is there was another way of doing it. Part about you and your family’s health make sure, no matter how sick you of that was because she had a $5,000 de- care to a government bureaucracy? are, you get an insurance policy. When ductible health care policy, so she All of us agree, Democrats and Re- it comes time for renewal, they cannot made a good economic choice. Multiply publicans, we want to fix health care. deny you. Our bill gives everybody in- that 100,000 times in this country every All of us want prevention, wellness, surance in this country and month and see how much money we management of chronic disease. All of incentivizes you to the point where you can take out of the health care system us want as much freedom as we can will have extra money with which you by people acting in their own best give the American people. But the dif- pay for the additional costs associated health interest and financial interest. ference lies in how we do it and who with that care. We have a lot in front of us, and we pays the bill. That is why I started out Our plan does not mandate anything, have a lot that is riding on us. I hope with the article from Adrian Rogers. except the base minimum plan is the we get to see the bills, which we have We are going to spend $2.4 trillion on base minimum plan the Members of not seen yet, and what people want to health care this year, and we are going Congress get. If you want to buy more do. The first bill out is: The govern- to get back $1.7 trillion worth of health than that, you can. But nobody is ment does everything; the government care. going to tell you what you have to buy. is in control. There is not one govern- We should not be spending a penny You buy what is right for you, what is ment program that either offers the more. What we should be saying to the right for your family. services or is not bankrupt that we Senate is: Why aren’t you fixing what One of the costs of health care in this have on health care today. Medicare is is wrong with this terrible, broken sys- country—and it is about 8 or 9 percent bankrupt. Medicaid—we are bankrupt, tem? And the answer is: We need more of the cost of health care—is doctors so they are bankrupt. They have $80 money. That is the government’s an- like me ordering tests you do not need billion worth of fraud in Medicare; $40 swer every time. Every time: We need because I fear a malpractice lawsuit. billion worth in Medicaid. The Indian more money. We need a new program. We incentivize the States to make Health Service is a sham, especially on We do not need a new program. What changes—very simple changes—do not the reservation, because we do not we need is to allow the individual en- eliminate the right of any individual to have the quality and we have not put trepreneurship and ingenuity of the go to court, but set up health courts or the money there. Why shouldn’t a Na- American people and give them the re- set up judge-doctor-lawyer panels or a tive American have an insurance policy sources with which to buy their health combination thereof, and we give them to be able to buy health care wherever care and make their personal choices, extra money if, in fact, they will do they want? Why shouldn’t a veteran be and what you will see is a dynamic that. It is an easy, cheap buy. Because able to get care wherever they want that squeezes $500 billion to $700 billion if we reform the tort system State by rather than have to travel 200 miles to out of the cost of health care in this State, we get back about a hundredfold a VA health care center? Why can’t we country. for every dollar we put out that comes keep the commitment that we would There are a lot of components. out of health care that will then go to say: If we are going to offer you access, Health care is a complex issue. Every- prevention, wellness, and management then we are going to offer you access to body who worked on it knows it. It is of chronic disease. the best, the highest quality health hard in a 20- or 30-minute talk on the We have cost-shifting in this coun- care, with you making the decisions floor to explain a bill fully. But if you try. If you opt out and you go to an about your care, when you get that had absolute access, and you could af- ER, your State can buy you a high-de- care, and who gives you that care. ford health care, and you got to make ductible policy, whereas you are still The patient has to come first. Sen- the choices, and it did not cost your covered. You are not going to ever lose ators’ egos have to come second. And kids any more in the future to pay for your home because you had an accident we have to fix this program in a way that by borrowing against their future, or you had a major health complica- that not only solves the health care most Americans would say: I will buy tion because you will be auto enrolled crisis but does not create another crisis something like that. That is a fix. as soon as you hit the ER. So we elimi- for our children down the road. And by the way, we are going to nate about $200 billion in cost-shifting. With that, I yield the floor. incentivize the $40 billion we spend I have just outlined $500 billion that I thank my colleague from Rhode Is- every year supposedly on prevention to can go away under our bill out of $2.4 land for his patience, and I wish him a where it is actually making some dif- trillion—money that does not help any- good night. ference on cost. We are going to quit body get well, money that does not pre- The PRESIDING OFFICER (Mr. paying for food that is terrible for you vent anybody from getting sick. UDALL of Colorado). The Senator from through the Food Stamp Program. We I had an orthopedist in my office Rhode Island. are going to fix the School Lunch Pro- today and he had a patient who he Mr. WHITEHOUSE. Mr. President, it gram so we do not feed you high carbo- thought had a torn anterior cruciate is always a pleasure to hear the Sen- hydrates and fat. And we are going to ligament. That is a ligament con- ator from Oklahoma discussing health give you protein, fruits, and vegeta- necting the femur to the tibia. And she care, which I know is very dear to him. bles. We are going to do that which is could not relax. He is a good ortho- So I did not feel my time was wasted necessary to put us on a glidepath to pedist. By clinical exam, you can tell if listening to him speak on that subject, where we have real health care instead somebody has torn an ACL, anterior and I wish him a good evening as well. of sick care in this country. People will cruciate ligament. So he said: Well, Mr. President, I ask unanimous con- buy that. you can’t relax. We’ll do an MRI. So sent, if I may, to speak in morning I cannot wait for the real debate to she comes back a week later and says: business, but to exceed the 10-minute start on health care. When you hear Doctor, I didn’t do the MRI. I didn’t rule. the talk, and you read the articles that want to pay for that. And she brought The PRESIDING OFFICER. Without have been written—just for example, a glass of wine with her, a glass of objection, it is so ordered. on comparative effectiveness, the di- chardonnay. She said: I think if I drink f rector who is involved in that in Eng- this, about 15 minutes after I drink land said it was the biggest mistake this, I think I will be relaxed enough GASPEE DAY they ever made. It explains why people for you to do it. Well, sure enough, she Mr. WHITEHOUSE. Mr. President, in England die earlier. It explains why did, and she relaxed. She had a torn the Boston Tea Party is one of the they have a cancer cure rate about a ACL, and she never had to have an celebrated events in American history. third lower than ours. It explains why MRI. It just saved us about $1,800. It From a young age, Americans learn the people cannot get care because they saved her and us $1,800. He could have story of the men who crept onto Brit- have a government option. They have a given her xanax and done the same ish ships moored in Boston harbor on government option that eliminates the thing. December 16, 1773, to toss overboard

VerDate Nov 24 2008 02:29 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.059 S09JNPT1 jbell on PROD1PC69 with SENATE June 9, 2009 CONGRESSIONAL RECORD — SENATE S6359 shipments of tea that the English his men to fire upon anyone who at- British force bent on their destruction, sought to tax. These Massachusetts pa- tempted to board the Gaspee. we did not torture. When our capital triots yearned for liberty, opposed That was all these Rhode Islanders city was occupied and our Capitol ‘‘taxation without representation,’’ needed to hear, and they rushed the burned by troops of the world’s great- and stepped into history books with Gaspee and forced their way aboard her. est naval power, we did not torture. this simple act of defiance. In the violent melee, Lieutenant When Nazi powers threatened our free- But conspicuously absent from too Dudingston was shot in the arm by a dom in one hemisphere and Japanese many of those same history books is a musket ball. Rhode Islanders had aircraft destroyed much of our Pacific group of Rhode Island men who took on drawn the first blood of the conflict fleet in the other, we did not torture. the British Crown in a bold, insubordi- that would lead to American independ- Indeed, even when Americans took nate gesture matching the temper of ence, right there in Pawtuxet Cove, 16 arms against Americans in our bloody their bold and insubordinate colony months before the ‘‘Tea Party’’ in Bos- Civil War, we did not torture. more than a year earlier than the Bos- ton. I know this is not easy. Our instincts ton Tea Party. This evening, I would Brown and Whipple’s men seized con- to protect our country are set against like to share the story of the H.M.S. trol of the Gaspee from its British crew our historic principles and our knowl- Gaspee, a daring group of Rhode Island- and transported the captive English- edge of right versus wrong. It is all ers, and the real beginning of the fight man safely to shore. They then re- made more difficult by how much that for American independence. turned to the abandoned Gaspee to set is untrue, how much that is mis- In the early 1770s, as tensions be- her afire and watched as the powder leading, and how much that is irrele- tween England and her American colo- magazine exploded, blowing the ship vant have crowded into this discussion. nies grew increasingly strained, King apart and leaving her remains to burn It is hard enough to address this issue George III stationed the H.M.S. Gaspee, to the water line. That historic loca- without being ensnared in a welter of under the command of Lieutenant Wil- tion is now called Gaspee Point. deception. liam Dudingston, in the waters of Since that night in June, 237 years To try to clarify it, I wish to say a Rhode Island. Its mission was to search ago tonight when the Gaspee burned, few things. The first is that I see three incoming ships for smuggled goods and Rhode Islanders have marked the event issues we need to grapple with. The contraband and to enforce the payment with celebration. This year, as I do first is the torture itself: What did of taxes. every year, I will march in the annual Americans do? In what conditions of On June 9, 1772, 237 years ago tonight, Gaspee Days Parade in Warwick, RI. humanity and hygiene were the tech- the sailing vessel Hannah was traveling Every year, I think about what it must niques applied? With what intensity from Newport to Providence, when it have been like to be among those 60 and duration? Are our preconceptions was intercepted by the Gaspee and or- men: muffled oars on dark waters; com- about what was done based on the sani- dered to stop to allow a search. On rades pulling with voices hushed; a tized descriptions of techniques justi- board the Hannah, CAPT Benjamin shouted demand, the indignant re- fied? Or was the actuality far worse? Lindsey refused and continued on his sponse, and then a pell-mell rush to Were the carefully described predicates course, despite warning shots fired by clamber aboard; the oaths and shouts for the torture techniques and the limi- the Gaspee. Under full sail and into a of struggle, gun shots and powder tations on their use followed in prac- falling tide, the Hannah pressed north smoke, the clash of sword and cutlass; tice? Or did the torture exceed the up Narragansett Bay with the Gaspee in and when it was over, the bright fire of predicates and bounds of the Office of hot pursuit. Overmatched in size, Cap- the ship in the night, the explosion Legal Counsel opinions? tain Lindsey found advantage in guile turning night to day and reverberating We do know this. We do know that and in his greater knowledge of Rhode across the bay and the hiss and splash Director Panetta of the CIA recently Island waters. He led the Gaspee to the as the pieces fell and the water claimed filed an affidavit in a U.S. Federal shallow water of Pawtuxet Cove. the flames. court saying this: There, the lighter Hannah sped over I hope that one day the tale of the These descriptions— the shallows, but the heavier Gaspee brave Rhode Islanders who stormed the He is referring to descriptions of ran aground in the shallow waters off HMS Gaspee will be remembered among EITs—enhanced interrogation tech- Namquid Point. The Gaspee was stuck, the other stories of the Revolution and niques—the torture techniques. until the higher tides of the following that they will be given their due place He says in his sworn affidavit: day would lift her from the mud. in our Nation’s history beside the tea These descriptions, however, are of EITs as Captain Lindsey proceeded on his partiers of Boston. applied in actual operations and are of a course to Providence, where he met I hope, frankly, on an annual basis, qualitatively different nature than the EIT with a group of Rhode Islanders, in- to come back to this floor and relate descriptions in the abstract contained in the cluding John Brown, a community that story over and over and over OLC memoranda. leader whose family helped found again. It is a proud part of Rhode Is- The words ‘‘as applied’’ and ‘‘in the Brown University. The two men ar- land’s heritage. abstract’’ are emphasized in the text. ranged for a meeting of local patriots f These descriptions, however, are of EITs as at Sabin’s Tavern, on what is now applied in actual operations and are of a Providence’s east side, later that TORTURE qualitatively different nature than the EIT evening. At the meeting, the assembled Mr. WHITEHOUSE. Mr. President, I descriptions in the abstract contained in the Rhode Islanders decided to act. The wish to now change the subject and OLC memoranda. HMS Gaspee was a symbol of their op- speak about an incident that is not The questions go on: What was the pression and she was helplessly strand- part of anybody’s proud heritage and role of private contractors? Why did ed in Pawtuxet Cove. The opportunity that is the evidence we have recently they need to be involved? And did their was too good to pass up. heard about America’s descent into peculiar motivations influence what That night, there was no moonlight torture. I know it is an awkward sub- was done? Ultimately, was it success- on the waters of Pawtuxet Cove. The ject to talk about, an awkward subject ful? Did it generate the immediately Gaspee lay silent on the sandbar. Down to think about. On the one hand, we, as actionable intelligence protecting the bay from Providence came 60 men Americans, love our country, we hate America from immediate threats that in longboats, led by John Brown and the violence that has been done to us, it had been sold as producing? How did Abraham Whipple, armed and headed and we want more than anything to the torture techniques stack up through those dark waters for the protect our people from attacks. On against professional interrogation? Gaspee. the other hand, torture is wrong and Well, that is a significant array of When the men reached the Gaspee we have known it and behaved accord- questions all on its own, and we intend and surrounded it, Brown called out ingly in far worse circumstances than to answer them in the Senate Intel- and demanded that Lieutenant now. ligence Committee under the leader- Dudingston surrender his vessel. When Washington’s troops hid in the ship of Chairman FEINSTEIN, expanding Dudingston refused and instead ordered snows of Valley Forge from a superior on work already done, thanks to the

VerDate Nov 24 2008 02:29 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.060 S09JNPT1 jbell on PROD1PC69 with SENATE S6360 CONGRESSIONAL RECORD — SENATE June 9, 2009 previous leadership of Chairman cate that just two detainees were To the proud, experienced, and suc- ROCKEFELLER. waterboarded 83 times and 183 times. cessful interrogators of the military There is another set of questions Khalid Shaikh Mohammed reportedly and the FBI, I believe Judge Mukasey around how this was allowed to hap- was waterboarded 183 times. A former and General Hayden owe an apology. pen. When one knows that America has CIA official had told ABC News: ‘‘KSM Finally, we were told that torturing over and over prosecuted lasted the longest on the waterboard— detainees was justified by American waterboarding, both as crime and as about a minute and a half—but once he lives saved—saved as a result of action- war crime; when one knows that the broke, it never had to be used again.’’ able intelligence produced on the Reagan Department of Justice con- We were told that waterboarding was waterboard. That is the clincher, they victed and imprisoned a Texas sheriff determined to be legal, but we were not stay—lives saved at the price of a little for waterboarding prisoners; when one told how badly the law was ignored and unpleasantness. But is it true? That is sees no mention of this history in the manipulated by the Department of Jus- far from clear. lengthy opinions of the Office of Legal tice’s Office of Legal Counsel, nor were FBI Director Mueller has said he is Counsel at DOJ that cleared the we told how furiously government and unaware of any evidence that waterboarding—no mention whatso- military lawyers tried to reject the de- waterboarding produced actionable in- ever; when assertions of fact made in fective OLC opinions. formation. Nothing I have seen con- those OLC opinions prove to be not We were told we couldn’t second vinces me otherwise. The examples we only false but provably false from open guess the brave CIA officers who did have been able to investigate—for in- source information available at the this unpleasant duty, and then we stance, of Abu Zubaida providing crit- time; when one reads Chairman LEVIN’s found out that the program was led by ical intelligence on Khalid Shaik Mo- excellent Armed Services Committee private contractors with no real inter- hammed and Jose Padilla—turned out reports on what happened at the De- rogation experience. to be false. The information was ob- partment of Defense, it is hard not to Former CIA Director Hayden and tained by regular professional interro- wonder what went wrong. Was a fix put former Attorney General Mukasey gators before waterboarding was even in? And, if so, how? A lot of damage wrote that military interrogators need authorized. As recently as May 10, our former was done within the American institu- the Army Field Manual to restrain Vice President went on a television tions of government to allow this to abuse by them, a limitation not needed show to relate that the interrogation happen. by the experienced experts at the CIA. process we had in place produced from If American democracy is important, Let’s look at that. The Army Field certain key individuals, such as Abu damage to her institutions is impor- Manual is a code of honor, as reflected Zubaida—he named him specifically— tant and needs to be understood. Much by General Petraeus’ May 10, 2000, let- actionable information. Well, we had a of this damage was done to one of ter to the troops in Iraq. He wrote this: hearing inquiring into that, and we America’s greatest institutions—the Some may argue that we would be more ef- produced the testimony of the FBI U.S. Department of Justice. I am con- fective if we sanctioned torture or other ex- agent who actually conducted those in- fident the Judiciary Committee, under pedient methods to obtain information from the enemy. They would be wrong. . . . In terrogations. Chairman LEAHY’s leadership, will as- fact, our experience in applying the interro- Here is what happened. Abu Zubaida sure that we understand and repair gation standards laid out in the Army Field was injured in a firefight and captured that damage and protect America Manual . . . shows that the techniques in the in Afghanistan. He was flown to an un- against it ever happening again. manual work effectively and humanely in disclosed location for interrogation. Finally—and I am very sorry to say eliciting information from detainees. The first round of interrogation con- We are indeed warriors. . . . What sets us this—but there has been a campaign of ducted professionally by Soufan and falsehood about this whole sorry epi- apart from our enemies in this fight, how- ever, is how we behave. In everything we do, his assistant from the CIA produced sode. It has disserved the American such significant intelligence informa- public. As I said earlier, facing up to we must observe the standards and values that dictate that we treat noncombatants tion that a jet with doctors on it was the questions of our use of torture is and detainees with dignity and respect. scrambled from Langley—from this hard enough. It is worse when people Military and FBI interrogators, such area—and flown to the undisclosed lo- are misled and don’t know the whole as Matthew Alexander, Steve Keinman, cation so that the best medical care truth and so can’t form an informed and Ali Soufan, it appears, are the true could be provided to Abu Zubaida so he opinion and instead quarrel over professionals. We know now that the could continue to talk. That was the irrelevancies and false premises. Much ‘‘experienced interrogators’’ referenced first round of information. debunking of falsehood remains to be by Hayden and Mukasey had actually In the second interrogation, con- done but cannot be done now because little to no experience. ducted consistent with professional in- the accurate and complete information Philip Zelikow, who served in the terrogation techniques, Abu Zubaida is classified. State Department under the Bush ad- disclosed that the mastermind of the From open source and released infor- ministration, testified in a sub- 9/11 attacks was Khalid Shaik Moham- mation, here are some of the falsehoods committee that I chaired. He said the med. That may be the apex piece of in- that have been already debunked. I will CIA ‘‘had no significant institutional telligence information we have ob- warn you the record is bad, and the capability to question enemy captives’’ tained during the course of the con- presumption of truth that executive of- and ‘‘improvised’’ their program of flict. ficials and agencies should ordinarily ‘‘cooly calculated dehumanizing abuse At that point, the private contrac- enjoy is now hard to justify. We have and physical torment.’’ In fact, the CIA tors arrived, and for some reason Abu been misled about nearly every aspect cobbled its program together from Zubaida was handed over to them so of this program. they could apply their enhanced inter- techniques used by the SERE Program, President Bush told us ‘‘America rogation techniques. Ali Soufan testi- designed to prepare captured U.S. mili- does not torture’’ while authorizing fied that at that point they got no fur- tary personnel for interrogation by ty- conduct that America itself has pros- ther information. What triggered the rant regimes who torture not to gen- ecuted as crime and war crime, as tor- first round of information was that erate intelligence but to generate prop- ture. Soufan knew about Zubaida’s pet name aganda. Vice President Cheney agreed in an that his mother used for him. When he Colonel Kleinman submitted testi- interview that waterboarding was like used that nickname, Zubaida fell apart. mony for our hearing, in which he stat- ‘‘a dunk in the water’’ when it was ac- He didn’t know how to defend himself, ed: tually a technique of torture from the and he began to disclose this very im- Spanish Inquisition to Cambodia’s kill- These individuals were retired military portant information. psychologists who, while having extensive ing fields. experience in SERE (survival, evasion, re- Knowledge, outwitting people, play- John Yoo, who wrote the original sistance, and escape) training, collectively ing on mental weaknesses, taking ad- torture opinions, told Esquire maga- possessed absolutely no firsthand experience vantage of our skills as Americans— zine that waterboarding was only done in the interrogation of foreign nationals for that is what worked and got the infor- three times. Public reports now indi- intelligence purposes. mation about Mohammed. He was

VerDate Nov 24 2008 02:29 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.056 S09JNPT1 jbell on PROD1PC69 with SENATE June 9, 2009 CONGRESSIONAL RECORD — SENATE S6361 turned over to the private contractors branch can use, and has used, that one- loving husband, father, son, and friend for enhanced techniques and they got sided advantage to spread assertions to many. He is survived by his wife Dr. nothing. that either aren’t true at all or may be Luzma Houseal; seven children, Teresa, It was then determined that because technically true but only on a strained, Catherine, David, Isabel, Patrick, the interrogation had become unpro- narrow interpretation that is omitted, Monica and Kelly; his parents, William ductive, he should be returned to the leaving a false impression, or that and Helen Houseal; eight siblings, Dr. FBI agent and CIA agent who had sometimes simply supports one side of Timothy Houseal and wife Leslie, U.S. twice interrogated him. It was in the an argument that has two sides—but Army Retired LTC Stephen Houseal third round that he disclosed informa- the other side is one they don’t want to and wife Julie, Joseph Houseal, Friar tion about Jose Padilla, the so-called face up to and don’t declassify. David Houseal, John Houseal and wife dirty bomber, which was so important One can hope the Obama administra- Gail, U.S. Air Force COL Anne T. that Attorney General Ashcroft held a tion will be more honorable. I suspect Houseal and husband Paul Houser, press conference, I believe in Moscow, and believe they will be. But the fact is Elizabeth Nightingale, and Maria John- to celebrate the discovery of this infor- that a cudgel that so lends itself to ston and husband Jeff; 26 nieces and mation. Again, for some reason, he was abuse will some day again be abused, nephews; and a host of other friends turned back again to the private con- and we should find a way to correct and relatives. tractors for the application of more that imbalance. It is intensely frus- Matthew, a native of Washington, abusive techniques, and again the flow trating to have access to classified in- DC, grew up in St. Joseph, MI, and re- of information stopped. formation that proves a lie and not be ceived a bachelor’s degree, master’s de- For a third time, he was returned to able to prove that lie. It does not serve gree, and medical degree from the Uni- versity of Michigan. He spent his sur- the FBI and CIA agents again for pro- America well for Senators to be in that gical internship at Henry Ford Hos- fessional interrogation, but by now he position. pital and went through the Officers had been so compromised by the tech- Chairman LEVIN has already done ex- niques, even they were unsuccessful in cellent work in the Armed Services Training School in the U.S. Navy. He served his psychiatry residency at getting further information. Committee, and there is no reason to Texas Tech University in Lubbock, TX, As best as I have been able to deter- believe that good work won’t continue. and spent over a decade at the Texas mine, for the remaining sessions of 83 Chairman ROCKEFELLER has done excel- Panhandle Mental Health Mental Re- waterboardings that have been dis- lent work in the Intelligence Com- tardation, where he was a beloved closed as being associated with this in- mittee, and his successor, Senator member of the staff. He joined the terrogation, no further actionable in- FEINSTEIN, has picked up the mantle formation was obtained. Yet the story Army Reserve as a major in 2007. and continues forward with energy and Matthew had many passions in life: has been exactly the opposite. The determination. We can be proud of story over and over has been that once known as a brilliant physician and an what she is doing. Chairman LEAHY has insatiable learner, Matthew held a pri- you got these guys out of the hands of begun good work in the Judiciary Com- vate pilot license and was a certified the FBI and the military amateurs and mittee, and more will ensue when we flight instructor with more than 10,000 into the hands of the trained CIA pro- see the report of the Department of hours of flight time in different types fessionals, who can use the tougher Justice Office of Professional Responsi- of aircraft. His extraordinary accom- techniques, that is when you get the bility about what went wrong in the plishments were only rivaled by his information. In this case, at least, the Office of Legal Counsel. The new ad- passion for his family, especially his exact opposite was the truth, and this ministration, I hope and expect, is seven children. was a case cited by the Vice President itself drilling down to the details of While we struggle to express our sor- by name. this sordid episode and not letting row over this loss, we can take pride in The costs of this could be high. There themselves be fobbed off with sum- the example Matthew set as a soldier has been no accounting of the wild maries or abridged editions. In short, a and as a father. Today and always, he goose chases our national security per- lot is going on, and a lot should be will be remembered by family and sonnel may have been sent on by false going on. friends as a true American hero, and statements made by torture victims While it is going on, I want my col- we cherish the legacy of his service and seeking to end their agony; no account- leagues and the American public to his life. ing of intelligence lost if other sources know that measured against the infor- As I search for words to do justice to held back from dealing with us after mation I have been able to gain access this valiant fallen soldier, I recall our dissent into what Vice President to, the story line we have been led to President Abraham Lincoln’s words as Cheney refers to as the ‘‘dark side’’; no believe—the story line about he addressed the families of soldiers accounting of the harm to our national waterboarding we have been sold—is who died at Gettysburg: ‘‘We cannot standing or our international good will false in every one of its dimensions. dedicate, we cannot consecrate, we from this program; no accounting of I ask that my colleagues be patient cannot hallow this ground. The brave the benefit to our enemies’ standing— and be prepared to listen to the evi- men, living and dead, who struggled particularly as measured in militant dence when all is said and done before here, have consecrated it, far above our recruitment or fundraising; and no ac- they wrap themselves in that story poor power to add or detract. The counting of the impact this program line. world will little note nor long remem- had on information sharing with for- I thank the Presiding Officer. I know ber what we say here, but it can never eign governments whose laws prohibit the hour is late. I appreciate his cour- forget what they did here.’’ This state- such mistreatment. tesy. ment is just as true today as it was At the heart of all these falsehoods f nearly 150 years ago, as we can take lies a particular and specific problem: some measure of solace in knowing HONORING OUR ARMED FORCES The ‘‘declassifiers’’ in the U.S. Govern- that Matthew’s heroism and memory ment are all in the executive branch. Mr. BAYH. Mr. President, I rise will outlive the record of the words No Senator can declassify, and the pro- today with a heavy heart to honor the here spoken. cedure for the Senate as an institution life of Major Matthew Philip Houseal, It is my sad duty to enter the name to declassify something is so cum- from Amarillo, TX. Matthew was 54 of MAJ Matthew Philip Houseal in the bersome that it has never been used. years old when he lost his life on May official RECORD of the Senate for his Certain executive branch officials, on 11, 2009, from injuries sustained from a service to this country and for his pro- the other hand, are at liberty to di- noncombat related incident in Bagh- found commitment to freedom, democ- vulge classified information. When it dad, Iraq. He was a member of the 55th racy and peace. I pray that Gary’s fam- comes out of their mouth, it is declas- Medical Company, U.S. Army Reserve, ily can find comfort in the words of the sified because they are declassified. Its Indianapolis, IN. prophet Isaiah who said, ‘‘He will swal- very utterance by those requisite offi- Today, I join Matthew’s family and low up death in victory; and the Lord cials is a declassification. What an in- friends in mourning his death. Mat- God will wipe away tears from off all stitutional advantage. The executive thew will forever be remembered as a faces.’’

VerDate Nov 24 2008 01:32 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.058 S09JNPT1 jbell on PROD1PC69 with SENATE S6362 CONGRESSIONAL RECORD — SENATE June 9, 2009 May God grant strength and peace to to the deficiencies in the questionnaire ceeded in his desire to make the those who mourn, and may God be with and the number of documents that are school’s curriculum more multicul- all of you, as I know He is with Mat- still missing. We need all this stuff in tural and diverse. He inspired and en- thew. order to fully vet the nominee. gaged thousands of students with his f Judge Sotomayor has an extensive thought-provoking and insightful per- record, and the July 13 timetable that spectives on race and ethnicity in the TIMETABLE FOR SOTOMAYOR Chairman LEAHY wants to impose will United States. HEARING force us to consider a Supreme Court Professor Takaki was also a distin- Mr. GRASSLEY. Mr. President, ear- nominee with one of the lengthiest guished and prolific writer. Among his lier today, Chairman LEAHY announced records in recent history in the short- most well-known books were Iron July 13 as the start date for the Judici- est time in recent history. Republican Cages: Race and Culture in 19th-Cen- ary Committee hearings on Supreme members got no serious consideration tury America; A Different Mirror: A Court Justice nominee Sonia to address concerns about timing, and History of Multicultural America, Sotomayor. I am extremely dis- no consultation or bipartisanship on which won the American Book Award, appointed with this unilateral decision setting the start date as has been done and Strangers from a Different Shore: on the part of my Democratic col- in the past. A History of Asian Americans, which leagues. In the past, the decision of I and my Republican colleagues are was nominated for a Pulitzer Prize. when to start these Supreme Court committed to give Judge Sotomayor a Professor Takaki is survived by his hearings has been a bipartisan one. fair hearing, but we need to thoroughly wife Carol; his children Troy, Todd, With the Roberts and Alito nomina- review her extensive legal record and and Dana; his brother Michael; his sis- tions, Republicans worked with our that takes time. It is important that ter Janet; and his seven grandchildren. colleagues to accommodate Democrat we do the job right because this is a I extend my deepest sympathies to his concerns about the timing of the hear- lifetime appointment and we are talk- entire family. Professor Takaki was widely consid- ings for the highest court in the land. ing about the highest court of the land. ered to be the father of Senators LEAHY and SPECTER held joint As my Democrat colleagues have said multiculturalism. His trailblazing spir- press conferences announcing the Rob- before, the Senate cannot be a it and love of life was evident in every- erts and Alito hearings. rubberstamp. We have a constitutional thing that he did, and his many years I would have hoped that Ranking responsibility to carefully vet Judge of service as an educator, writer, and Member SESSIONS and Judiciary Com- Sotomayor and not rush the process. activist will not be forgotten. We take mittee Republicans would have gotten We owe this to the American people. the same courtesy for President comfort in knowing that future genera- f Obama’s nominee. Yet I understand tions will benefit from his tireless ef- that Ranking Member SESSIONS had no ADDITIONAL STATEMENTS forts to make America a better place ∑ idea that Chairman LEAHY was going to live. to the floor to make this July 13 an- f REMEBERING RONALD TAKAKI nouncement, and that he was not con- COMMENDING THE U.S. ARMY ∑ sulted about this decision. Clearly the Mrs. BOXER. Mr. President, I take CORPS OF ENGINEERS—OMAHA July 13 date is not a bipartisan deci- this opportunity to honor the life of DISTRICT Professor Ronald Takaki, a pioneer and sion. ∑ Mr. NELSON of Nebraska. Mr. Presi- Moreover, July 13 is just not enough leader in the field of ethnic studies. dent, today I wish to recognize the 75th time to prepare for a thorough and Professor Takaki passed away on May anniversary year of the establishment careful review of Judge Sotomayor’s 26, 2009, at the age of 70. of the Omaha District as part of the record and qualifications to be a Su- Ronald Takaki, the grandson of Jap- anese immigrants, was born and raised U.S. Army Corps of Engineers. preme Court Justice. First, July 13 is a Established on January 2, 1934, the in Hawaii. In his youth he was an avid mere 48 days from the nomination an- immediate mission of the Omaha Dis- surfer, earning the nickname ‘‘Ten nouncement to the hearing, which is trict was the creation of Fort Peck shorter than the timeframe for Jus- Toes Takaki’’ because of his ability to Dam in Montana, which was the first of tices Roberts and Alito. Moreover, Jus- perform one of the most impressive and six multipurpose main stem dams oper- tice Roberts had just a few hundred de- iconic stunts a surfer can do on a surf- ating as part of a flood control system cisions for the Judiciary Committee to board. Though uninterested in school on the upper Missouri River. After analyze. Judge Sotomayor has over when he was younger, Takaki applied completing the Fort Peck Dam, the 3,000 cases over a 17-year period on the to and was accepted at the College of Corps, operating under the Pick-Sloan Federal bench for us to study. The Wooster in Ohio; he was the first in his Plan, went on to build the other five Alito confirmation hearing timeframe family to attend college. After earning main stem structures on the Upper is probably a better comparison since a bachelor’s degree in history, he at- Missouri River. The Plan called for a Justice Alito had a similar large num- tended UC Berkeley, where he received coordinated effort with the Bureau of ber of decisions. a master’s and doctorate in history. It Reclamation for irrigation projects, With respect to concerns that criti- was at UC Berkeley, doing a disserta- flood control, navigation, and recre- cisms have been lodged against the tion on the history of American slav- ation facilities. nominee, we don’t control what outside ery, that Takaki found his passion. In the early 1940s, the Omaha Dis- groups say, but I do I know that Senate In 1967, Takaki was hired by UCLA, trict added military construction to its Republican members have treated where he taught the University of Cali- mission. Its first task was construction Judge Sotomayor fairly and have not fornia’s first Black history course fol- of Lowry Field in Colorado. Since then, engaged in personal attacks. So the lowing the tumultuous Watts riots. the Omaha District has been involved idea that Judge Sotomayor needs a Though an unlikely candidate to teach in the construction of several historic hearing scheduled as soon as possible the course, students quickly came to projects, such as the Northern Area De- to respond to criticisms by outside respect and admire him, and he and his fense Command in Cheyenne Mountain, groups just doesn’t hold water. class became one of the most popular Colorado; various missile control and In addition, the Judiciary Committee on campus. In 1971, Professor Takaki launch facilities throughout the Mid- has yet to receive everything we need returned to UC Berkeley, where he west; and facilities for Space Com- from Judge Sotomayor. I understand served as the first full-time teacher in mand. that her questionnaire is not complete, the Department of Ethnic Studies. As the Cold War ended in the 1980s, that we have yet to receive all her doc- In addition to teaching Black his- the national focus switched to a umentation, memos, speeches and un- tory, Professor Takaki also established stronger set of environmental prin- published opinions, that we still don’t UC Berkeley’s PhD program in ethnic ciples. The Omaha District readily have her ABA review and FBI back- studies, the first of its kind in the Na- adopted a ‘‘green’’ program, providing ground report. It seems like the rushed tion. During the 30 years he taught at outstanding leadership in environ- nature of the process has contributed UC Berkeley, Professor Takaki suc- mental remediation. Today, the Omaha

VerDate Nov 24 2008 01:32 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.024 S09JNPT1 jbell on PROD1PC69 with SENATE June 9, 2009 CONGRESSIONAL RECORD — SENATE S6363 District is managing one of the largest Community Connections School, Newfound Congress would cut the deficit in half base realignment and closure and Regional High School, Northwood School, by the end of my first term, while lay- ‘‘Grow the Army’’ initiatives in the Raymond School Board, Virtual Learning ing a new foundation for sustained and ∑ Nation. Center. widely shared economic growth For more than 75 years, the men and f through key investments in health, women of the Omaha District have MESSAGES FROM THE PRESIDENT education, and clean energy. Enacting served their country by harnessing the statutory PAYGO would complement mighty Missouri River basin, building Messages from the President of the these efforts and represent an impor- state-of-the-art facilities to serve our United States were communicated to tant step toward strengthening our military, and recovering the earth the Senate by Mrs. Neiman, one of his budget process, cutting deficits, and re- from hazardous toxic and radioactive secretaries. ducing national debt. Ultimately, how- waste. f ever, we will have to do even more to It is only fitting that we in the Sen- restore fiscal sustainability. ate recognize the impressive achieve- EXECUTIVE MESSAGES REFERRED I urge the prompt and favorable con- ments of the U.S. Army Corps of Engi- As in executive session the Presiding sideration of this proposal. neers—Omaha District during its 75th Officer laid before the Senate messages BARACK OBAMA. year.∑ from the President of the United THE WHITE HOUSE, June 9, 2009. f States submitting sundry nominations f which were referred to the appropriate 2009 NEW HAMPSHIRE EXCELLENCE committees. MESSAGE FROM THE HOUSE IN EDUCATION AWARDS (The nominations received today are At 2:15 p.m., a message from the ∑ Mrs. SHAHEEN. Mr. President, today printed at the end of the Senate pro- House of Representatives, delivered by I congratulate the recipients of the 2009 ceedings.) Mr. Zapata, one of its reading clerks, New Hampshire Excellence in Edu- announced that the House has passed f cation Awards. The New Hampshire Ex- the following bills, in which it requests cellence in Education Awards, or LEGISLATIVE PROPOSAL REL- the concurrence of the Senate: ‘‘ED’’ies, honor the best and the bright- ATIVE TO THE ‘‘STATUTORY H. R. 466. An act to amend title 38, United est among New Hampshire’s educators PAY-AS-YOU-GO ACT OF 2009,’’ OR States Code, to provide for certain rights and and schools. ‘‘PAYGO,’’ TOGETHER WITH A benefits for persons who are absent from po- For the past 16 years, the ‘‘ED’’ies SECTIONAL ANALYSIS—PM 22 sitions of employment to receive medical treatment for service-connected disabilities. have been presented to teachers, ad- The PRESIDING OFFICER laid be- ministrators, schools, and school H. R. 1709. An act to establish a committee fore the Senate the following message under the National Science and Technology boards who demonstrate the highest from the President of the United Council with the responsibility to coordinate level of excellence in education. Out- States, together with an accompanying science, technology, engineering, and mathe- standing individuals have been com- report; which was referred to the Com- matics education activities and programs of pared against criteria set by others in mittee on the Budget: all Federal agencies, and for other purposes. their discipline through their spon- H. R. 1736. An act to provide for the estab- soring organization. Experienced edu- To the Congress of the United States: lishment of a committee to identify and co- cators and community leaders select Today I am pleased to submit to the ordinate international science and tech- outstanding elementary, middle, and Congress the enclosed legislative pro- nology cooperation that can strengthen the domestic science and technology enterprise secondary schools based upon guide- posal, the ‘‘Statutory Pay-As-You-Go Act of 2009,’’ or ‘‘PAYGO,’’ together and support United States foreign policy lines established by the New Hamp- goals. shire Excellence in Education Board of with a sectional analysis. f Directors. The deficits that my Administration It is critical that all of our children inherited reflect not only a severe eco- MEASURES REFERRED nomic downturn but also years of fail- receive a high quality education so The following bills were read the first ing to pay for new policies—including that they can succeed in today’s global and the second times by unanimous large tax cuts that disproportionately economy. I am proud to recognize this consent, and referred as indicated: year’s recipients who will receive this benefited the affluent. This failure of fiscal discipline contributed to trans- H.R. 466. An act to amend title 38, United prestigious award on June 13, 2009 for States Code, to prohibit discrimination and the positive examples they set for their forming surpluses projected at the be- acts of reprisal against persons who receive peers and the lasting impact they have ginning of this decade into trillions of treatment for illnesses, injuries, and disabil- made on our children and communities. dollars in deficits. I am committed to ities incurred in or aggravated by service in I ask that the names of the 2009 New returning our Government to a path of the uniformed services; to the Committee on Hampshire Excellence in Education fiscal discipline, and PAYGO rep- Veterans’ Affairs. Award winners be printed in the resents a key step back to the path of H.R. 1709. An act to establish a committee under the National Science and Technology RECORD. shared responsibility. PAYGO would hold us to a simple but Council with the responsibility to coordinate 2009 NEW HAMPSHIRE EXCELLENCE IN science, technology, engineering, and mathe- EDUCATION AWARD RECIPIENTS important principle: we should pay for matics education activities and programs of Diane Beaman, Nora L. Beaton, Doug new tax or entitlement legislation. all Federal agencies, and for other purposes; Brown, Michelle Carvalho, Cathy Chase, Creating a new non-emergency tax cut to the Committee on Commerce, Science, Mary K. Coltin, Anne Delaney, Arthur R. or entitlement expansion would require and Transportation. Deleault, Irene M. Derosier, Kenneth Dugal, offsetting revenue increases or spend- H.R. 1736. An act to provide for the estab- Denise Dunlap, Katherine J. Engstrom, ing reductions. lishment of a committee to identify and co- Deborah A. Fogg, Venera Gattonini, Doris In the 1990s, statutory PAYGO en- ordinate international science and tech- Grady, Nathan S. Greenberg, Gerri Harvey, couraged the tough choices that helped nology cooperation that can strengthen the Cathy Higgins. domestic science and technology enterprise Kathleen Collins McCabe, Eric ‘‘Chip’’ to move the Government from large and support United States foreign policy McGee, Dorothy M. Morin, Jackie Moulton, deficits to surpluses, and I believe it goals; to the Committee on Commerce, Sean P. Moynihan, Dorothy A. Peters, Marge can do the same today. Both houses of Science, and Transportation. Polak, Patricia Popieniek, Richard Congress have already taken an impor- f Provencher, Meagan Reed, Roberto tant step toward righting our fiscal Rodriguez, Fern Seiden, John J. Stone, course by adopting congressional rules MEASURES PLACED ON THE Lyonel B. Tracy, Jacqueline R. Verville, incorporating the PAYGO principle. CALENDAR Sheila A. Ward, Suzette Wilson, Otis E. But we can strengthen enforcement Wirth, Joseph L. Wright. The following bill was read the sec- Bicentennial Elementary School, Boynton and redouble our commitment by en- ond time, and placed on the calendar: Middle School, Inter-Lakes Elementary acting PAYGO into law. H.R. 31. An act to provide for the recogni- School, Kennett High School, Matthew Both the Budget I have proposed and tion of the Lumbee Tribe of North Carolina, Thornton Elementary School, Monadnock the Budget Resolution approved by the and for other purposes.

VerDate Nov 24 2008 01:32 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.025 S09JNPT1 jbell on PROD1PC69 with SENATE S6364 CONGRESSIONAL RECORD — SENATE June 9, 2009 EXECUTIVE REPORTS OF tion of such detectors in homes, and for ment is a reluctant shareholder in the own- COMMITTEES other purposes; to the Committee on Com- ership of General Motors and Chrysler; to merce, Science, and Transportation. the Committee on Banking, Housing, and The following executive reports of By Ms. STABENOW (for herself, Mrs. Urban Affairs. nominations were submitted: LINCOLN, and Mr. BEGICH): By Mr. FEINGOLD (for himself, Mr. By Mr. LEVIN for the Committee on S. 1217. A bill to amend title XIX of the So- ISAKSON, Mr. KERRY, Mr. INHOFE, Mr. Armed Services. cial Security Act to improve and protect re- BURRIS, Mr. WHITEHOUSE, Mr. NELSON *Air Force nomination of Lt. Gen. Douglas habilitative services and case management of Florida, Mr. DURBIN, Mr. CARDIN, M. Fraser, to be General. services provided under Medicaid to improve and Mr. BROWNBACK): *Army nomination of Lt. Gen. Stanley A. the health and welfare of the nation’s most S. Res. 176. A resolution expressing the McChrystal, to be General. vulnerable seniors and children; to the Com- sense of the Senate on United States policy *Navy nomination of Adm. James G. mittee on Finance. during the political transition in Zimbabwe, Stavridis, to be Admiral. By Mr. MENENDEZ (for himself and and for other purposes; considered and By Mr. BINGAMAN for the Committee on Mr. LAUTENBERG): agreed to. Energy and Natural Resources. S. 1218. A bill to amend title XVIII of the By Mr. HARKIN: *Catherine Radford Zoi, of California, to be Social Security Act to preserve access to S. Res. 177. A resolution recognizing the an Assistant Secretary of Energy (Energy, urban Medicare-dependent hospitals; to the 10th anniversary of the International Labour Efficiency, and Renewable Energy). Committee on Finance. Organization’s unanimous adoption of Con- *William F. Brinkman, of New Jersey, to By Mr. KOHL: vention 182, ‘‘Concerning the Prohibition and be Director of the Office of Science, Depart- S. 1219. A bill to amend subtitle A of the Immediate Action for the Elimination of the ment of Energy. Antitrust Criminal Penalty Enhancement Worst Forms of Child Labour’’; considered *Anne Castle, of Colorado, to be an Assist- and Reform Act of 2004 to extend the oper- and agreed to. ant Secretary of the Interior. ation of such subtitle for a 1-year period end- By Mr. DURBIN (for himself, Mr. ing June 22, 2010; to the Committee on the UDALL of Colorado, Mr. BURRIS, Mr. *Nomination was reported with rec- Judiciary. BENNETT, Mr. BENNET, and Mr. ommendation that it be confirmed sub- By Mr. SPECTER (for himself and Mr. HATCH): ject to the nominee’s commitment to WYDEN): S. Res. 178. A resolution supporting Olym- respond to requests to appear and tes- S. 1220. A bill to require that certain com- pic Day on June 23, 2009, and encouraging the tify before any duly constituted com- plex diagnostic laboratory tests performed International Olympic Committee to select mittee of the Senate. by an independent laboratory after a hos- Chicago, Illinois as the host city for the 2016 pital outpatient encounter or inpatient stay Olympic and Paralympic Games; considered f during which the specimen involved was col- and agreed to. INTRODUCTION OF BILLS AND lected shall be treated as services for which By Mr. KAUFMAN: JOINT RESOLUTIONS payment may be made directly to the labora- S. Res. 179. A resolution congratulating the tory under part B of title XVIII of the Social American Society of Mechanical Engineers The following bills and joint resolu- Security Act; to the Committee on Finance. on its 125 years of codes and standards devel- tions were introduced, read the first By Mr. SPECTER (for himself and Mr. opment; considered and agreed to. and second times by unanimous con- ROBERTS): By Mr. REID (for himself and Mr. sent, and referred as indicated: S. 1221. A bill to amend title XVIII of the MCCONNELL): Social Security Act to ensure more appro- S. Res. 180. A resolution to authorize testi- By Mr. SCHUMER: priate payment amounts for drugs and mony and legal representation in United S. 1211. A bill to designate the facility of biologicals under part B of the Medicare Pro- States v Edward Bloomer, Frank Cordaro, the United States Postal Service located at gram by excluding customary prompt pay Elton Davis, Chester Guinn, and Renee 60 School Street, Orchard Park, New York, discounts extended to wholesalers from the Espeland; considered and agreed to. as the ‘‘Jack F. Kemp Post Office Building’’; manufacturer’s average sales price; to the By Mr. MENENDEZ (for himself and to the Committee on Homeland Security and Committee on Finance. Ms. STABENOW): Governmental Affairs. By Mrs. LINCOLN (for herself, Ms. S. Con. Res. 25. A concurrent resolution By Mr. DURBIN: SNOWE, Mr. KERRY, Ms. LANDRIEU, recognizing the value and benefits that com- S. 1212. A bill to amend the antitrust laws Mr. VITTER, Ms. CANTWELL, Mrs. munity health centers provide as health care to ensure competitive market-based fees and GILLIBRAND, Mr. BURRIS, and Mr. homes for over 18,000,000 individuals, and the terms for merchants’ access to electronic SCHUMER): importance of enabling health centers and payment systems; to the Committee on the S. 1222. A bill to amend the Internal Rev- other safety net providers to continue to Judiciary. enue Code of 1986 to extend and expand the offer accessible, affordable, and continuous By Mr. BAUCUS (for himself and Mr. benefits for business operating in empower- care to their current patients and to every CONRAD): ment zones, enterprise communities, or re- American who lacks access to preventive and S. 1213. A bill to amend title XI of the So- newal communities, and for other purposes; primary care services; to the Committee on cial Security Act to provide for the conduct to the Committee on Finance. Finance. of comparative effectiveness research and to By Mr. MCCONNELL (for himself, Mrs. f amend the Internal Revenue Code of 1986 to FEINSTEIN, Mr. MCCAIN, and Mr. DUR- establish a Patient-Centered Outcomes Re- BIN): ADDITIONAL COSPONSORS search Trust Fund, and for other purposes; to S.J. Res. 17. A joint resolution approving S. 214 the Committee on Finance. the renewal of import restrictions contained By Mr. LIEBERMAN (for himself, Mr. in the Burmese Freedom and Democracy Act At the request of Mr. BINGAMAN, the CASEY, Mr. BOND, Ms. STABENOW, Mr. of 2003, and for other purposes; to the Com- name of the Senator from Rhode Island CARDIN, Mr. SANDERS, Mr. mittee on Finance. (Mr. REED) was added as a cosponsor of WHITEHOUSE, and Mr. CRAPO): f S. 214, a bill to amend title XXI of the S. 1214. A bill to conserve fish and aquatic Social Security Act to permit quali- communities in the United States through SUBMISSION OF CONCURRENT AND fying States to use their allotments partnerships that foster fish habitat con- SENATE RESOLUTIONS servation, to improve the quality of life for under the State Children’s Health In- the people of the United States, and for The following concurrent resolutions surance Program for any fiscal year for other purposes; to the Committee on Envi- and Senate resolutions were read, and certain Medicaid expenditures. ronment and Public Works. referred (or acted upon), as indicated: S. 254 By Mr. CASEY (for himself and Mr. By Mr. CRAPO: At the request of Mrs. LINCOLN, the SCHUMER): S. Res. 173. A resolution supporting Na- names of the Senator from Idaho (Mr. S. 1215. A bill to amend the Safe Drinking tional Men’s Health Week; to the Committee RISCH) and the Senator from Mis- Water Act to repeal a certain exemption for on Health, Education, Labor, and Pensions. sissippi (Mr. WICKER) were added as co- hydraulic fracturing, and for other purposes; By Mr. BOND (for himself, Mr. ROB- to the Committee on Environment and Pub- ERTS, Mr. BROWNBACK, and Mrs. sponsors of S. 254, a bill to amend title lic Works. MCCASKILL): XVIII of the Social Security Act to By Ms. KLOBUCHAR (for herself and S. Res. 174. A resolution recognizing the re- provide for the coverage of home infu- Mr. NELSON of Florida): gion from Manhattan, Kansas to Columbia, sion therapy under the Medicare Pro- S. 1216. A bill to amend the Consumer Missouri as the Kansas City Animal Health gram. Product Safety Act to require residential Corridor; to the Committee on Agriculture, S. 292 carbon monoxide detectors to meet the ap- Nutrition, and Forestry. plicable ANSI/UL standard by treating that By Mr. NELSON of Nebraska: At the request of Mr. SPECTER, the standard as a consumer product safety rule, S. Res. 175. A resolution expressing the name of the Senator from Alaska (Ms. to encourage States to require the installa- sense of the Senate that the Federal Govern- MURKOWSKI) was added as a cosponsor

VerDate Nov 24 2008 01:32 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JN6.023 S09JNPT1 jbell on PROD1PC69 with SENATE June 9, 2009 CONGRESSIONAL RECORD — SENATE S6365 of S. 292, a bill to repeal the imposition of S. 655, a bill to amend the Pittman- (Mr. TESTER) was added as a cosponsor of withholding on certain payments Robertson Wildlife Restoration Act to of S. 910, a bill to amend the Emer- made to vendors by government enti- ensure adequate funding for conserva- gency Economic Stabilization Act of ties. tion and restoration of wildlife, and for 2008, to provide for additional moni- S. 301 other purposes. toring and accountability of the Trou- At the request of Mr. GRASSLEY, the S. 688 bled Asset Relief Program. name of the Senator from New Hamp- At the request of Ms. SNOWE, the S. 941 shire (Mrs. SHAHEEN) was added as a co- name of the Senator from Washington At the request of Mr. CRAPO, the sponsor of S. 301, a bill to amend title (Ms. CANTWELL) was added as a cospon- names of the Senator from Idaho (Mr. XI of the Social Security Act to pro- sor of S. 688, a bill to require that RISCH) and the Senator from Utah (Mr. vide for transparency in the relation- health plans provide coverage for a BENNETT) were added as cosponsors of ship between physicians and manufac- minimum hospital stay for S. 941, a bill to reform the Bureau of turers of drugs, devices, biologicals, or mastectomies, lumpectomies, and Alcohol, Tobacco, Firearms, and Explo- medical supplies for which payment is lymph node dissection for the treat- sives, modernize firearm laws and regu- made under Medicare, Medicaid, or ment of breast cancer and coverage for lations, protect the community from secondary consultations. SCHIP. criminals, and for other purposes. S. 700 S. 316 S. 990 At the request of Mr. BINGAMAN, the At the request of Mrs. LINCOLN, the name of the Senator from Arkansas At the request of Ms. STABENOW, the name of the Senator from Nevada (Mr. (Mrs. LINCOLN) was added as a cospon- name of the Senator from Ohio (Mr. ENSIGN) was added as a cosponsor of S. sor of S. 700, a bill to amend title II of BROWN) was added as a cosponsor of S. 316, a bill to amend the Internal Rev- the Social Security Act to phase out 990, a bill to amend the Richard B. Rus- enue Code of 1986 to make permanent the 24-month waiting period for dis- sell National School Lunch Act to ex- the reduction in the rate of tax on abled individuals to become eligible for pand access to healthy afterschool qualified timber gain of corporations, Medicare benefits, to eliminate the meals for school children in working and for other purposes. waiting period for individuals with life- families. S. 500 threatening conditions, and for other S. 1023 At the request of Mr. DURBIN, the purposes. At the request of Mr. DORGAN, the name of the Senator from Connecticut S. 711 names of the Senator from New York (Mr. DODD) was added as a cosponsor of At the request of Ms. MIKULSKI, her (Mrs. GILLIBRAND), the Senator from S. 500, a bill to amend the Truth in name was added as a cosponsor of S. Missouri (Mr. BOND), the Senator from Lending Act to establish a national 711, a bill to require mental health New Hampshire (Mrs. SHAHEEN) and the usury rate for consumer credit trans- screenings for members of the Armed Senator from Vermont (Mr. LEAHY) actions. Forces who are deployed in connection were added as cosponsors of S. 1023, a S. 535 with a contingency operation, and for bill to establish a non-profit corpora- At the request of Mr. NELSON of Flor- other purposes. tion to communicate United States ida, the name of the Senator from Con- S. 823 entry policies and otherwise promote necticut (Mr. LIEBERMAN) was added as At the request of Ms. SNOWE, the leisure, business, and scholarly travel a cosponsor of S. 535, a bill to amend names of the Senator from Pennsyl- to the United States. title 10, United States Code, to repeal vania (Mr. SPECTER), the Senator from At the request of Mr. DURBIN, his requirement for reduction of survivor South Carolina (Mr. GRAHAM) and the name was added as a cosponsor of S. annuities under the Survivor Benefit Senator from Florida (Mr. MARTINEZ) 1023, supra. Plan by veterans’ dependency and in- were added as cosponsors of S. 823, a S. 1034 demnity compensation, and for other bill to amend the Internal Revenue At the request of Ms. STABENOW, the purposes. Code of 1986 to allow a 5-year name of the Senator from Colorado S. 538 carryback of operating losses, and for (Mr. UDALL) was added as a cosponsor At the request of Mrs. LINCOLN, the other purposes. of S. 1034, a bill to amend titles XIX name of the Senator from Louisiana S. 831 and XXI of the Social Security Act to (Ms. LANDRIEU) was added as a cospon- At the request of Ms. MIKULSKI, her ensure payment under Medicaid and sor of S. 538, a bill to increase the re- name was added as a cosponsor of S. the State Children’s Health Insurance cruitment and retention of school 831, a bill to amend title 10, United Program for covered items and services counselors, school social workers, and States Code, to include service after furnished by school-based health clin- school psychologists by low-income September 11, 2001, as service quali- ics. fying for the determination of a re- local educational agencies. S. 1136 duced eligibility age for receipt of non- S. 547 At the request of Ms. STABENOW, the regular service retired pay. At the request of Mr. BINGAMAN, the names of the Senator from Vermont S. 841 name of the Senator from Rhode Island (Mr. SANDERS) and the Senator from At the request of Mr. KERRY, the (Mr. REED) was added as a cosponsor of Alaska (Mr. BEGICH) were added as co- name of the Senator from Utah (Mr. S. 547, a bill to amend title XIX of the sponsors of S. 1136, a bill to establish a HATCH) was added as a cosponsor of S. Social Security Act to reduce the costs chronic care improvement demonstra- 841, a bill to direct the Secretary of tion program for Medicaid beneficiaries of prescription drugs for enrollees of Transportation to study and establish with severe mental illnesses. Medicaid managed care organizations a motor vehicle safety standard that by extending the discounts offered provides for a means of alerting blind S. 1156 under fee-for-service Medicaid to such and other pedestrians of motor vehicle At the request of Mr. HARKIN, the organizations. operation. name of the Senator from Pennsyl- S 572 . S. 908 vania (Mr. CASEY) was added as a co- At the request of Ms. MIKULSKI, her At the request of Mr. BAYH, the name sponsor of S. 1156, a bill to amend the name was added as a cosponsor of S. of the Senator from Wyoming (Mr. Safe, Accountable, Flexible, Efficient 572, a bill to provide for the issuance of BARRASSO) was added as a cosponsor of Transportation Equity Act: A Legacy a ‘‘forever stamp’’ to honor the sac- S. 908, a bill to amend the Iran Sanc- for Users to reauthorize and improve rifices of the brave men and women of tions Act of 1996 to enhance United the safe routes to school program. the armed forces who have been award- States diplomatic efforts with respect S. 1185 ed the Purple Heart. to Iran by expanding economic sanc- At the request of Mr. BINGAMAN, the S. 655 tions against Iran. name of the Senator from Michigan At the request of Mr. JOHNSON, the S. 910 (Ms. STABENOW) was added as a cospon- name of the Senator from New Mexico At the request of Mr. WARNER, the sor of S. 1185, a bill to amend titles (Mr. UDALL) was added as a cosponsor name of the Senator from Montana XVIII and XIX of the Social Security

VerDate Nov 24 2008 01:32 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JN6.020 S09JNPT1 jbell on PROD1PC69 with SENATE S6366 CONGRESSIONAL RECORD — SENATE June 9, 2009 Act to ensure that low-income bene- based fees and terms for merchants’ ac- holder obtaining goods or services, whether ficiaries have improved access to cess to electronic payment systems; to authorization is signature-based or PIN- health care under the Medicare and the Committee on the Judiciary. based. Medicaid programs. Mr. DURBIN. Mr. President, I ask (10) ELECTRONIC PAYMENT SYSTEM.—The unanimous consent that the text of the term ‘‘electronic payment system’’ means S. 1203 the proprietary services, infrastructure, and At the request of Mr. BAUCUS, the bill be printed in the RECORD. There being no objection, the text of software that route information and data to name of the Senator from Michigan facilitate transaction authorization, clear- the bill was ordered to be printed in (Ms. STABENOW) was added as a cospon- ance, and settlement and that merchants are sor of S. 1203, a bill to amend the Inter- the RECORD, as follows: required to access in order to accept a spe- nal Revenue Code of 1986 to extend the S. 1212 cific brand of general-purpose credit cards or research credit through 2010 and to in- Be it enacted by the Senate and House of Rep- debit cards as payment for goods or services. resentatives of the United States of America in (11) ELECTRONIC PAYMENT SYSTEM JUDGES.— crease and make permanent the alter- Congress assembled, native simplified research credit, and The term ‘‘Electronic Payment System SECTION 1. SHORT TITLE. Judges’’ means the Electronic Payment Sys- for other purposes. This Act may be cited as the ‘‘Credit Card tem Judges appointed under section 4(a). At the request of Mr. HATCH, the Fair Fee Act of 2009’’. (12) FEES.—The term ‘‘fees’’ means any names of the Senator from Idaho (Mr. SEC. 2. DEFINITIONS. monetary charges, rates, assessments, or CRAPO) and the Senator from Kentucky In this Act: other payments imposed by a provider upon (Mr. BUNNING) were added as cospon- (1) ACCESS.—The term ‘‘access’’— a merchant for the merchant to access an sors of S. 1203, supra. (A) when used as a verb means to use to electronic payment system. conduct transaction authorization, clear- AMENDMENT NO. 1230 (13) FINANCIAL INSTITUTION.—The term ‘‘fi- ance, and settlement involving the accept- nancial institution’’ has the meaning given At the request of Mr. JOHANNS, the ance of credit cards or debit cards from con- that term in section 603(t) of the Fair Credit name of the Senator from Tennessee sumers for payment for goods or services and Reporting Act (15 U.S.C. 1681a(t)). (Mr. ALEXANDER) was added as a co- the receipt of payment for such goods or (14) ISSUER.—The term ‘‘issuer’’— sponsor of amendment No. 1230 in- services; and (A) means a financial institution that tended to be proposed to H.R. 1256, to (B) when used as a noun means the permis- issues credit cards or debit cards or approves protect the public health by providing sion or authority to use to conduct trans- the use of other devices for use in an elec- the Food and Drug Administration actions described in subparagraph (A). tronic payment system; and (2) ACCESS AGREEMENT.—The term ‘‘access with certain authority to regulate to- (B) does not include an independent third agreement’’ means an agreement between 1 party processor that may act as the agent of bacco products, to amend title 5, or more merchants and 1 or more providers United States Code, to make certain a financial institution described in subpara- giving the merchant access to a covered elec- graph (A) in processing general-purpose cred- modifications in the Thrift Savings tronic payment system, conditioned solely it or debit card transactions. upon the merchant complying with the fees Plan, the Civil Service Retirement (15) MARKET POWER.—The term ‘‘market System, and the Federal Employees’ and terms specified in the agreement. power’’ means the ability to profitably raise Retirement System, and for other pur- (3) ACQUIRER.—The term ‘‘acquirer’’— prices above those that would be charged in poses. (A) means a financial institution that pro- a perfectly competitive market. vides services allowing merchants to access AMENDMENT NO. 1256 (16) MERCHANT.—The term ‘‘merchant’’ an electronic payment system to accept means any person who accepts or who seeks At the request of Mr. LIEBERMAN, the credit cards or debit cards for payment; and to accept credit cards or debit cards in pay- (B) does not include an independent third names of the Senator from Alaska (Ms. ment for goods or services provided by the party processor that may act as the agent of MURKOWSKI), the Senator from Mary- person. a financial institution described in subpara- land (Ms. MIKULSKI), the Senator from (17) NEGOTIATING PARTY.—The term ‘‘nego- graph (A) in processing general-purpose cred- Hawaii (Mr. INOUYE), the Senator from tiating party’’ means 1 or more providers of it card or debit card transactions. Alaska (Mr. BEGICH), the Senator from a covered electronic payment system or 1 or (4) ADJUDICATION.—The term ‘‘adjudica- more merchants who have access to or who Wisconsin (Mr. KOHL) and the Senator tion’’ has the meaning given that term in are seeking access to that covered electronic from Maryland (Mr. CARDIN) were section 551 of title 5, United States Code, and payment system, as the case may be, and added as cosponsors of amendment No. does not include mediation. who are in the process of negotiating or who 1256 proposed to H.R. 1256, to protect (5) ANTITRUST LAWS.—The term ‘‘antitrust have executed a voluntarily negotiated ac- the public health by providing the laws’’— (A) has the meaning given that term in cess agreement that is still in effect. Food and Drug Administration with (18) NORMAL RATE OF RETURN.—The term certain authority to regulate tobacco subsection (a) of the first section of the Clay- ton Act (15 U.S.C. 12(a)); and ‘‘normal rate of return’’ means the average products, to amend title 5, United (B) includes— rate of return that a firm would receive in an States Code, to make certain modifica- (i) section 5 of the Federal Trade Commis- industry when conditions of perfect competi- tions in the Thrift Savings Plan, the sion Act (15 U.S.C. 45) to the extent section tion prevail. Civil Service Retirement System, and 5 applies to unfair methods of competition; (19) PROCEEDING PARTY.—The term ‘‘pro- the Federal Employees’ Retirement and ceeding party’’ means collectively all pro- System, and for other purposes. (ii) State antitrust laws. viders of a covered electronic payment sys- (6) CHAIRMAN.—The term ‘‘Chairman’’ tem or collectively all merchants who have AMENDMENT NO. 1270 means the Chairman of the Federal Trade access to or who are seeking access to that At the request of Mr. CORKER, the Commission. covered electronic payment system, as the name of the Senator from Georgia (Mr. (7) COVERED ELECTRONIC PAYMENT SYS- case may be, during the period in which the ISAKSON) was added as a cosponsor of TEM.—The term ‘‘covered electronic payment Electronic Payment System Judges are con- amendment No. 1270 intended to be pro- system’’ means an electronic payment sys- ducting a proceeding under this Act relating posed to H.R. 1256, to protect the public tem that routes information and data to fa- to that covered electronic payment system. health by providing the Food and Drug cilitate transaction authorization, clear- (20) PERSON.—The term ‘‘person’’ has the ance, and settlement for not less than 10 per- meaning given that term in subsection (a) of Administration with certain authority the first section of the Clayton Act (15 U.S.C. to regulate tobacco products, to amend cent of the combined dollar value of credit card or debit card payments processed in the 12(a)). title 5, United States Code, to make United States in the most recent full cal- (21) PROVIDER.—The term ‘‘provider’’ certain modifications in the Thrift endar year. means any person who owns, operates, con- Savings Plan, the Civil Service Retire- (8) CREDIT CARD.—The term ‘‘credit card’’ trols, serves as an issuer for, or serves as an ment System, and the Federal Employ- means any general-purpose card or other acquirer for a covered electronic payment ees’ Retirement System, and for other credit device issued or approved for use by a system. purposes. financial institution for use in allowing the (22) STATE.—The term ‘‘State’’ has the cardholder to obtain goods or services on meaning given that term in section 4G(2) of f credit on terms specified by that financial the Clayton Act (15 U.S.C. 15g(2)). STATEMENTS ON INTRODUCED institution. (23) TERMS.—The term ‘‘terms’’ means any BILLS AND JOINT RESOLUTIONS (9) DEBIT CARD.—The term ‘‘debit card’’ and all rules and conditions that are applica- means any general-purpose card or other de- ble to providers of an electronic payment By Mr. DURBIN: vice issued or approved for use by a financial system or to merchants, as the case may be, S. 1212. A bill to amend the antitrust institution for use in debiting the account of and that are required in order for merchants laws to ensure competitive market- a cardholder for the purpose of that card- to access that electronic payment system.

VerDate Nov 24 2008 01:32 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JN6.021 S09JNPT1 jbell on PROD1PC69 with SENATE June 9, 2009 CONGRESSIONAL RECORD — SENATE S6367

(24) VOLUNTARILY NEGOTIATED ACCESS (ii) any documentation relating to a volun- (IV) may select a final offer that is a AGREEMENT.—The term ‘‘voluntarily nego- tarily negotiated access agreement evidenc- schedule of fees and terms that varies based tiated access agreement’’ means an access ing any consideration being given or any upon cost-based differences in types of credit agreement voluntarily negotiated between 1 marketing or promotional agreement be- card and debit card transactions (which may or more providers of a covered electronic tween the negotiating parties; and include whether a transaction is of a signa- payment system and 1 or more merchants (iii) any amendment to that voluntarily ture-based, PIN-based, or card-not-present that sets the fees and terms under which the negotiated access agreement or documenta- type); merchant can access that covered electronic tion. (V) may select a final offer that is a sched- payment system. (C) TIMING AND AVAILABILITY OF FILINGS.— ule of fees and terms that provides alter- (25) WRITTEN DIRECT STATEMENTS.—The The negotiating parties to any voluntarily native fees and terms for those acquirers or term ‘‘written direct statements’’ means negotiated access agreement executed after issuers that are regulated by the National witness statements, testimony, and exhibits the date of enactment of this Act shall joint- Credit Union Administration or that, to- to be presented in proceedings under this ly file the voluntarily negotiated access gether with affiliates of the acquirer or Act, and such other information that is nec- agreement, and any documentation or issuer, have assets in a total amount of less essary to establish fees and terms for access amendment described in subparagraph (B), than $1,000,000,000; and to covered electronic payment systems as set with the Electronic Payment System Judges (VI) may not select a final offer that is a forth in regulations issued by the Electronic not later than 30 days after the date of exe- schedule of fees and terms that varies based Payment System Judges under section cution of the voluntarily negotiated access on type of merchant or volume of trans- 5(b)(4). agreement or amendment or the date of the actions (either in number or dollar value). SEC. 3. ACCESS TO COVERED ELECTRONIC PAY- creation of the documentation, as the case (D) USE OF EXISTING FEES AND TERMS AS MENT SYSTEMS; LIMITED ANTI- may be. The Electronic Payment System EVIDENCE.—In establishing fees and terms for TRUST IMMUNITY FOR THE NEGO- access to a covered electronic payment sys- TIATION AND DETERMINATION OF Judges shall make publicly available any FEES AND TERMS; STANDARDS FOR voluntarily negotiated access agreement, tem under this paragraph, the Electronic ESTABLISHMENT OF FEES AND amendment, or accompanying documenta- Payment System Judges— TERMS. tion filed under this paragraph. (i) shall decide the weight to be given to (a) ACCESS TO COVERED ELECTRONIC PAY- (2) INITIATION OF PROCEEDINGS.—The pro- any evidence submitted by a proceeding MENT SYSTEMS.—Access by a merchant to ceedings under this subsection to establish party regarding the fees and terms for access any covered electronic payment system and fees and terms for access to a covered elec- to comparable electronic payment systems, the fees and terms of such access shall be tronic payment system shall be initiated in including fees and terms in voluntarily nego- subject to this Act. accordance with section 6. tiated access agreements filed under para- (b) AUTHORITY AND LIMITED ANTITRUST IM- (3) PROCEEDINGS.— graph (1); and MUNITY FOR NEGOTIATIONS OF FEES AND (A) IN GENERAL.—The Electronic Payment (ii) shall give significant weight to fees in TERMS AND PARTICIPATION IN PROCEEDINGS.— System Judges shall conduct proceedings as a voluntarily negotiated access agreement (1) IN GENERAL.—Notwithstanding any pro- specified under this Act to establish fees and that are substantially below the fees reflec- vision of the antitrust laws— terms for access to a covered electronic pay- tive of the market power of the covered elec- (A) in negotiating fees and terms and par- ment system. Except as specifically provided tronic payment systems that existed before ticipating in any proceedings under sub- in a voluntarily negotiated access agree- the date of enactment of this Act. section (c), any providers of a covered elec- SEC. 4. ELECTRONIC PAYMENT SYSTEM JUDGES. tronic payment system and any merchants ment, a provider of a covered electronic pay- ment system may not directly or indirectly (a) APPOINTMENT.—The Attorney General who have access to or who are seeking access and the Chairman shall jointly appoint 3 to that covered electronic payment system charge fees or set terms for access to a cov- ered electronic payment system that are not full-time Electronic Payment System may jointly negotiate and agree upon the Judges, and shall appoint 1 of the 3 Elec- fees and terms for access to the covered elec- in accordance with the fees and terms estab- lished by the Electronic Payment System tronic Payment System Judges as the Chief tronic payment system, including through Electronic Payment System Judge. the use of common agents that represent the Judges pursuant to proceedings under this Act. (b) DUTIES.—The Electronic Payment Sys- providers of the covered electronic payment tem Judges shall establish fees and terms for (B) PERIOD OF APPLICABILITY.—Except as system or the merchants on a nonexclusive access to covered electronic payment sys- basis; and provided in section 6, the fees and terms es- tablished under this paragraph with respect tems in accordance with this Act. (B) any providers of a single covered elec- (c) RULINGS.—The Electronic Payment to a covered electronic payment system tronic payment system also may jointly de- System Judges may make any necessary pro- shall apply during the 3-year period begin- termine the proportionate division among cedural or evidentiary ruling in a proceeding ning on January 1 of the second year fol- such providers of paid fees. under this Act and may, before commencing lowing the year in which the proceedings to (2) LIMITATIONS.—The immunity from the a proceeding under this Act, make any pro- antitrust laws conferred under this sub- establish such fees and terms are com- cedural ruling that will apply to a pro- section shall not apply to a provider of a cov- menced. ceeding under this Act. ered electronic payment system or to a mer- (C) STANDARD FOR ESTABLISHMENT OF FEES (d) ADMINISTRATIVE SUPPORT.—The Attor- chant during any period in which such pro- AND TERMS BY THE ELECTRONIC PAYMENT SYS- ney General and Chairman shall provide the vider, or such merchant, is engaged in— TEM JUDGES.— Electronic Payment System Judges with the (A) any unlawful boycott; (i) IN GENERAL.—In establishing fees and necessary administrative services related to (B) any allocation with a competitor of a terms for access to a covered electronic pay- proceedings under this Act. geographical area; ment system under subparagraph (A), the (e) LOCATION.—The offices of the Electronic (C) any unlawful tying arrangement; or Electronic Payment System Judges— Payment System Judges and staff shall be (D) any exchange of information with, or (I) shall be limited to selecting, without located in the offices of the Department of agreement with, a competitor that is not modification, 1 of the 2 final offers of fees Justice or the Federal Trade Commission. reasonably required to carry out the negotia- and terms filed by the proceeding parties (f) QUALIFICATIONS OF ELECTRONIC PAYMENT tions and proceedings described in sub- pursuant to section 5(c)(2)(A); and SYSTEM JUDGES.—Each Electronic Payment section (c). (II) shall select the final offer of fees and System Judge shall be an attorney who has (c) ESTABLISHMENT OF FEES AND TERMS.— terms that most closely represent the fees at least 7 years of legal experience. The Chief (1) VOLUNTARILY NEGOTIATED ACCESS and terms that would be negotiated in a hy- Electronic Payment System Judge shall AGREEMENTS.— pothetical perfectly competitive market- have at least 5 years of experience in adju- (A) AGREEMENTS BETWEEN NEGOTIATING place for access to an electronic payment dications, arbitrations, or court trials. At PARTIES.—A voluntarily negotiated access system between a willing buyer with no mar- least 1 Electronic Payment System Judge agreement may be executed at any time be- ket power and a willing seller with no mar- who is not the Chief Electronic Payment tween 1 or more providers of a covered elec- ket power. System Judge shall have significant knowl- tronic payment system and 1 or more mer- (ii) STANDARDS.—In determining which edge of electronic payment systems. At least chants. With respect to the negotiating par- final offer of fees and terms to select, the one Electronic Payment System Judge shall ties, such executed voluntarily negotiated Electronic Payment System Judges— have significant knowledge of economics. An access agreement shall supersede any fees or (I) shall consider the costs of transaction individual may serve as an Electronic Pay- terms established by the Electronic Payment authorization, clearance, and settlement ment System Judge only if the individual is System Judges under paragraph (3) relating that are necessary to operate and to access free of any financial conflict of interest to that covered electronic payment system. an electronic payment system; under the standards established under sub- (B) FILING AGREEMENTS WITH THE ELEC- (II) shall consider a normal rate of return section (m). TRONIC PAYMENT SYSTEM JUDGES.—The nego- in a hypothetical perfectly competitive mar- (g) STAFF.—The Chief Electronic Payment tiating parties shall jointly file with the ketplace; System Judge shall hire, at minimum, 3 full- Electronic Payment System Judges— (III) shall avoid selecting a final offer of time staff members to assist the Electronic (i) any voluntarily negotiated access fees and terms that would have anticompeti- Payment System Judges in performing the agreement that affects any market in the tive effects within the issuer market, the duties of the Electronic Payment System United States or elsewhere; acquirer market, or the merchant market; Judges under this Act.

VerDate Nov 24 2008 01:32 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JN6.027 S09JNPT1 jbell on PROD1PC69 with SENATE S6368 CONGRESSIONAL RECORD — SENATE June 9, 2009

(h) TERMS.— more than the basic rate of pay payable for Judges shall preside over hearings in pro- (1) INITIAL APPOINTMENTS.—For the first level 10 of GS–11 of such Schedule. ceedings under this Act en banc. The Chief appointments of Electronic Payment System (3) LOCALITY PAY.—All rates of pay estab- Electronic Payment System Judge may des- Judges after the date of enactment of this lished under this subsection shall include lo- ignate an Electronic Payment System Judge Act— cality pay. to preside individually over such collateral (A) the Chief Electronic Payment System (k) INDEPENDENCE OF ELECTRONIC PAYMENT and administrative proceedings as the Chief Judge shall be appointed for a term of 6 SYSTEM JUDGES.— Judge considers appropriate. years; (1) IN MAKING DETERMINATIONS.— (b) PROCEDURES.— (B) 1 Electronic Payment System Judge (A) IN GENERAL.—Except as provided in (1) COMMENCEMENT.—The Electronic Pay- who is not the Chief Electronic Payment subparagraph (B), the Electronic Payment ment System Judges shall cause to be pub- System Judge shall be appointed for a term System Judges— lished in the Federal Register a notice of of 4 years; and (i) shall have full independence in estab- commencement of proceedings under section (C) 1 Electronic Payment System Judge lishing fees and terms for access to covered 3(c) to establish fees and terms for access to who is not the Chief Electronic Payment electronic payment systems and in issuing a covered electronic payment system. System Judge shall be appointed for a term any other ruling under this Act; and (2) MANDATORY NEGOTIATION PERIOD.— of 2 years. (ii) may consult with the Attorney General (A) IN GENERAL.—Promptly after the com- (2) SUBSEQUENT APPOINTMENT.—After the and the Chairman on any matter other than mencement of a proceeding under section appointments under paragraph (1), an Elec- a question of fact. 3(c) to establish fees and terms for access to tronic Payment System Judge shall be ap- (B) CONSULTATION.—The Electronic Pay- a covered electronic payment system, the pointed for a term of 6 years. ment System Judges shall consult with the Electronic Payment System Judges shall (3) REAPPOINTMENT.—An individual serving Attorney General and the Chairman regard- initiate a period for negotiations for the pur- as an Electronic Payment System Judge ing any determination or ruling that would pose of achieving a voluntarily negotiated may be reappointed to subsequent terms. require that any act be performed by the At- access agreement. Nothing in this paragraph (4) START AND END OF TERMS.—The term of torney General or the Chairman, and any shall preclude the proceeding parties or any an Electronic Payment System Judge shall such determination or ruling shall not be members thereof from conducting negotia- begin on the date on which the term of the binding upon the Attorney General or the tions before or after the mandatory negotia- predecessor of that Electronic Payment Sys- Chairman. tion period for the purpose of achieving a tem Judge ends. If a successor Electronic (2) PERFORMANCE APPRAISALS.— voluntarily negotiated access agreement. Payment System Judge has not been ap- (A) IN GENERAL.—Notwithstanding any (B) LENGTH.—The period for negotiations pointed as of the date on which the term of other provision of law or any regulation of initiated under subparagraph (A) shall be 3 office of an Electronic Payment System the Department of Justice or Federal Trade months. Judge ends, the individual serving that term Commission, and subject to subparagraph (C) DETERMINATION OF NEED FOR FURTHER may continue to serve as an interim Elec- (B), the Electronic Payment System Judges PROCEEDINGS.—At the close of the period for tronic Payment System Judge until a suc- shall not receive performance appraisals. negotiations initiated under subparagraph (A), the Electronic Payment System Judges cessor is appointed. (B) RELATING TO SANCTION OR REMOVAL.—To (i) VACANCIES OR INCAPACITY.— the extent that the Attorney General and shall determine if further proceedings under (1) VACANCIES.—The Attorney General and the Chairman adopt regulations under sub- this Act are necessary. the Chairman shall act expeditiously to fill ROCEEDING PARTIES IN FURTHER PRO- section (m) relating to the sanction or re- (3) P any vacancy in the position of Electronic CEEDINGS.— moval of an Electronic Payment System Payment System Judge, and may appoint an (A) IN GENERAL.—In any further proceeding Judge and such regulations require docu- interim Electronic Payment System Judge ordered by the Electronic Payment System mentation to establish the cause of such to serve until an Electronic Payment Sys- Judges under paragraph (2)(C), there shall be sanction or removal, the Electronic Payment tem Judge is appointed to fill the vacancy only 2 proceeding parties, 1 consisting of all System Judge may receive an appraisal re- under this section. An Electronic Payment providers of the covered electronic payment lated specifically to the cause of the sanc- System Judge appointed to fill a vacancy oc- system and the other consisting of all mer- tion or removal. curring before the expiration of the term for chants that have access to or seek access to (l) INCONSISTENT DUTIES BARRED.—No Elec- which the predecessor of that individual was tronic Payment System Judge may under- the covered electronic payment system. appointed shall be appointed for the remain- take duties that conflict with the duties and Each proceeding party shall bear its own der of that term. responsibilities of an Electronic Payment costs. A provider of a covered electronic pay- (2) INCAPACITY.—If an Electronic Payment System Judge under this Act. ment system or a merchant that has access System Judge is temporarily unable to per- (m) STANDARDS OF CONDUCT.—The Attor- to or seeks access to the covered electronic form the duties of an Electronic Payment ney General and the Chairman shall adopt payment system may choose not to partici- System Judge, the Attorney General and regulations regarding the standards of con- pate in the proceeding as a member of a pro- Chairman may appoint an interim Elec- duct, including financial conflict of interest ceeding party, but unless such provider or tronic Payment System Judge to perform and restrictions against ex parte commu- merchant executes a voluntarily negotiated such duties during the period of such inca- nications, which shall govern the Electronic access agreement, such provider or merchant pacity. Payment System Judges and the proceedings shall be bound by the determination of the (j) COMPENSATION.— under this Act. Electronic Payment System Judges with re- (1) JUDGES.—The Chief Electronic Payment (n) REMOVAL OR SANCTION.—The Attorney gard to the fees and terms for access to the System Judge shall receive compensation at General and the Chairman acting jointly covered electronic payment system. the rate of basic pay payable for level AL–1 may sanction or remove an Electronic Pay- (B) RULE OF CONSTRUCTION.—Nothing in for administrative law judges under section ment System Judge for violation of the this paragraph may be construed to prohibit 5372(b) of title 5, United States Code, and standards of conduct adopted under sub- the proceeding parties or any members each Electronic Payment System Judge who section (m), misconduct, neglect of duty, or thereof in a proceeding under subparagraph is not the Chief Electronic Payment System any disqualifying physical or mental dis- (A) from negotiating and entering into a vol- Judge shall receive compensation at the rate ability. Any such sanction or removal may untarily negotiated access agreement at any of basic pay payable for level AL–2 for ad- be made only after notice and opportunity other time. ministrative law judges under such section. for a hearing. The Attorney General and the (4) REGULATIONS.— The compensation of the Electronic Pay- Chairman may suspend an Electronic Pay- (A) AUTHORIZATION.— ment System Judges shall not be subject to ment System Judge during the pendency of (i) IN GENERAL.—The Electronic Payment any regulations adopted by the Office of Per- such a hearing. The Attorney General and System Judges may issue regulations to sonnel Management under its authority the Chairman shall appoint an interim Elec- carry out the duties of the Electronic Pay- under section 5376(b)(1) of title 5, United tronic Payment System Judge during the pe- ment System Judges under this Act. All reg- States Code. riod of any suspension under this subsection. ulations issued by the Electronic Payment (2) STAFF MEMBERS.—Of the 3 staff mem- SEC. 5. PROCEEDINGS OF ELECTRONIC PAYMENT System Judges are subject to the approval of bers appointed under subsection (g)— SYSTEM JUDGES. the Attorney General and the Chairman. Not (A) the rate of pay of 1 staff member shall (a) PROCEEDINGS.— later than 120 days after the date on which be not more than the basic rate of pay pay- (1) IN GENERAL.—The Electronic Payment all Electronic Payment System Judges are able for level 10 of GS–15 of the General System Judges shall act in accordance with appointed under section 4(h)(1), the Elec- Schedule; regulations issued by the Electronic Pay- tronic Payment System Judges shall issue (B) the rate of pay of 1 staff member shall ment System Judges, the Attorney General, regulations to govern proceedings under this be not less than the basic rate of pay payable and the Chairman, and on the basis of a writ- subsection. In setting these regulations, the for GS–13 of the General Schedule and not ten record, prior determinations and inter- Electronic Payment System Judges shall more than the basic rate of pay payable for pretations of the Electronic Payment Sys- consider the regulations issued by the Copy- level 10 of GS–14 of such Schedule; and tem Judges under this Act, and decisions of right Royalty Judges under section 803(b)(6) (C) the rate of pay of 1 staff member shall the court of appeals of the United States. of title 17, United States Code. be not less than the basic rate of pay payable (2) JUDGES ACTING AS PANEL AND INDIVID- (ii) SCOPE.—The regulations issued under for GS–8 of the General Schedule and not UALLY.—The Electronic Payment System clause (i) shall include regulations regarding

VerDate Nov 24 2008 01:32 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JN6.027 S09JNPT1 jbell on PROD1PC69 with SENATE June 9, 2009 CONGRESSIONAL RECORD — SENATE S6369 the procedures described in subparagraph proceeding party shall be permitted to take mitted under subsection (a)(2). Upon such (B). depositions of every witness identified by the motion or request to compel discovery, the (B) PROCEDURES.— other proceeding party. Except as provided Electronic Payment System Judges may (i) WRITTEN DIRECT STATEMENTS.—The writ- in subclause (III), each proceeding party also order discovery under regulations estab- ten direct statements of the proceeding par- shall be permitted to take 5 additional depo- lished under this paragraph. ties shall be filed by a date specified by the sitions in the entire proceeding. (II) CONSIDERATIONS.—In determining Electronic Payment System Judges, which (II) ORGANIZATIONAL ENTITIES.—A deposi- whether discovery will be granted under this may be not earlier than 4 months, and not tion notice or subpoena may name as the de- clause, the Electronic Payment System later than 5 months, after the end of the vol- ponent a person who is an individual or a Judges may consider— untary negotiation period under paragraph person who is not an individual. Such deposi- (aa) whether the burden or expense of pro- (2). Notwithstanding the preceding sentence, tion notice or subpoena shall describe with ducing the requested information or mate- the Electronic Payment System Judges may reasonable particularity the matters on rials outweighs the likely benefit, taking allow a proceeding party to file an amended which examination is requested. If the depo- into account the needs and resources of the written direct statement based on new infor- sition notice or subpoena names a person proceeding parties, the importance of the mation received during the discovery proc- who is not an individual, the deponent per- issues at stake, and the probative value of ess, not later than 15 days after the end of son so named shall designate 1 or more offi- the requested information or materials in re- the discovery period specified in clause (ii). cers, directors, or managing agents, or other solving such issues; (ii) DISCOVERY SCHEDULE.—Following the individual persons who consent to testify on (bb) whether the requested information or submission to the Electronic Payment Sys- behalf of the deponent person, and may set materials would be unreasonably cumulative tem Judges of written direct statements by forth, for each individual person designated, or duplicative, or are obtainable from an- the proceeding parties, the Electronic Pay- the matters on which the individual person other source that is more convenient, less ment System Judges shall meet with the will testify. A subpoena shall advise a burdensome, or less expensive; and proceeding parties to set a schedule for con- nonparty deponent person of the duty of the (cc) whether the proceeding party seeking ducting and completing discovery. Such deponent person to make such a designation. discovery has had ample opportunity by dis- schedule shall be determined by the Elec- An individual person designated under this covery in the proceeding or by other means tronic Payment System Judges. Discovery in subclause shall testify as to matters known to obtain the information sought. such proceedings shall be permitted for a pe- or reasonably available to the deponent per- (viii) VOLUNTARILY NEGOTIATED ACCESS riod of not longer than 60 days, except for son. AGREEMENTS.—In proceedings to determine discovery ordered by the Electronic Payment (III) ADDITIONAL DEPOSITIONS.—The Elec- fees and terms for access to a covered elec- System Judges in connection with the reso- tronic Payment System Judges may increase tronic payment system, the Electronic Pay- lution of motions, orders, and disputes pend- the permitted number of depositions for good ment System Judges shall make available to ing at the end of such period. cause in exceptional circumstances, and the proceeding parties all documents filed (iii) INITIAL DISCLOSURES.— shall resolve any disputes among persons under section 3(c)(1). (I) IN GENERAL.—In a proceeding under this within either proceeding party regarding the (ix) SETTLEMENT CONFERENCE.—The Elec- Act to determine fees and terms for access to allocation of the depositions permitted tronic Payment System Judges shall order a a covered electronic payment system, cer- under this clause. settlement conference between the pro- tain persons shall make initial disclosures (v) WRITTEN DISCOVERY.—In a proceeding ceeding parties to facilitate the presentation not later than 30 days after the date of com- under this Act to determine fees and terms of offers of settlement between the parties. mencement of the proceeding, in accordance for access to a covered electronic payment The settlement conference shall be held dur- with this clause. system, each proceeding party shall be per- ing the 21-day period beginning on the date (II) ISSUERS, ACQUIRERS, AND OWNERS.—Any mitted to serve written discovery requests on which the discovery period ends and shall person who is 1 of the 10 largest issuers for a on 10 persons. These written discovery re- take place outside the presence of the Elec- covered electronic payment system in terms quests may include requests for production tronic Payment System Judges. of number of cards issued, any person who is or inspection, a total of no more than 10 re- (x) DIRECT AND REBUTTAL HEARINGS.—At 1 of the 10 largest acquirers for a covered quests for admission in the entire pro- the conclusion of the 21-day period described electronic payment system based on dollar ceeding, and a total of no more than 25 inter- in clause (ix), the Electronic Payment Sys- amount of transactions made by merchants rogatories in the entire proceeding. The tem Judges shall determine if further pro- they serve, and any person who owns or con- Electronic Payment System Judges may in- ceedings under this Act are necessary. If the trols the relevant covered electronic pay- crease the permitted number of requests for Electronic Payment System Judges deter- ment system and establishes the terms and admission or interrogatories for good cause mine further proceedings under this Act are conditions through which issuers and in exceptional circumstances, and shall re- necessary, the Electronic Payment System acquirers participate in the covered elec- solve any disputes among persons within ei- Judges shall schedule a direct hearing of not tronic payment system, shall produce to the ther proceeding party regarding the alloca- more than 30 court days and a rebuttal hear- Electronic Payment System Judges and to tion of the requests for admission or inter- ing of not more than 20 court days during both proceedings parties— rogatories permitted under this clause. which both proceeding parties will be al- (aa) an itemized list of the costs necessary (vi) SUBPOENAS.—Upon the request of a lowed to offer witness testimony and docu- to operate the covered electronic payment party to a proceeding to determine fees and ments. system that were incurred by the person dur- terms for access to a covered electronic pay- (xi) SPONSORING WITNESSES.—No evidence, ing the most recent full calendar year before ment system, the Electronic Payment Sys- including exhibits, may be submitted in the the initiation of the proceeding; and tem Judges may issue a subpoena com- written direct statement or written rebuttal (bb) any access agreement between that manding a person to appear and give testi- statement of a proceeding party without a person and 1 or more merchants with regard mony, or to produce and permit inspection of sponsoring witness, except for— to that covered electronic payment system. documents or tangible things, if the resolu- (I) requests for admission that have been (III) MERCHANTS.—Any person who is 1 of tion of the proceeding by the Electronic Pay- admitted by the receiving proceeding party; the 10 largest merchants using the relevant ment System Judges may be substantially (II) evidence of which the Electronic Pay- covered electronic payment system, deter- impaired by the absence of such testimony ment System Judges have taken official no- mined based on dollar amount of trans- or production of documents or tangible tice; actions made with the covered electronic things. A subpoena under this clause shall (III) incorporation by reference of past payment system, shall produce to the Elec- specify with reasonable particularity the records; or tronic Payment System Judges and to both materials to be produced or the scope and (IV) good cause shown. proceeding parties— nature of the required testimony. Nothing in (xii) HEARSAY.—Hearsay may be admitted (aa) an itemized list of the costs necessary this clause shall preclude the Electronic in proceedings under this Act to the extent to access the electronic payment system dur- Payment System Judges from requesting the determined relevant and reliable by the ing the most recent full calendar year prior production by a person of information or ma- Electronic Payment System Judges. to the initiation of the proceeding; and terials relevant to the resolution by the (xiii) APPLICABILITY OF THE FEDERAL RULES (bb) any access agreement between that Electronic Payment System Judges of a ma- OF EVIDENCE.—To the extent not inconsistent person and 1 or more providers with regard terial issue of fact. with this subparagraph, the Federal Rules of to that covered electronic payment system. (vii) OBJECTIONS TO DISCOVERY REQUESTS.— Evidence shall apply to proceedings under (IV) DISAGREEMENT.—Any disagreement re- (I) IN GENERAL.—Any objection to a request this Act. garding whether a person is required to or subpoena under clause (v) or (vi) shall be (5) PENALTIES FOR FAILURE TO COMPLY WITH make an initial disclosure under this clause, resolved by a motion or request to compel A DISCOVERY REQUEST.— or the contents of such a disclosure, shall be production made to the Electronic Payment (A) FAILURE TO COMPLY.—A person has resolved by the Electronic Payment System System Judges in accordance with regula- failed to comply with a discovery request if Judges. tions adopted by the Electronic Payment the person, or an employee or agent of the (iv) DEPOSITIONS.— System Judges. Each motion or request to person, fails, without substantial justifica- (I) IN GENERAL.—In a proceeding under this compel discovery shall be determined by the tion, to— Act to determine fees and terms for access to Electronic Payment System Judges, or by an (i) make initial disclosures required under a covered electronic payment system, each Electronic Payment System Judge when per- paragraph (4)(B)(iii);

VerDate Nov 24 2008 01:32 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JN6.027 S09JNPT1 jbell on PROD1PC69 with SENATE S6370 CONGRESSIONAL RECORD — SENATE June 9, 2009 (ii) be sworn or answer a question as a de- United States to collect the penalty, and and terms that were previously in effect ex- ponent after being directed to do so by the such court shall have jurisdiction to hear pire. Electronic Payment System Judges under and decide any such action. In hearing such (ii) FEE PAYMENTS.—The pendency of a mo- clause (iv) or (vi) of paragraph (4)(B); action, the court shall have authority to re- tion for a rehearing under this paragraph (iii) answer an interrogatory submitted view the violation and the assessment of the shall not relieve a person obligated to make under paragraph (4)(B)(v); civil penalty on the record. fee payments for access to a covered elec- (iv) produce nonprivileged documents re- (c) DETERMINATION OF ELECTRONIC PAY- tronic payment system who would be af- quested under clause (v) or (vi) of paragraph MENT SYSTEM JUDGES.— fected by the determination on that motion (4)(B); or (1) TIMING.—The Electronic Payment Sys- from paying the fees required and complying (v) admit the genuineness of any document tem Judges shall issue a determination in a with the terms under the relevant deter- or the truth of any matter as requested proceeding not later than the earlier of— mination. under paragraph (4)(B)(v), and the person re- (A) 11 months after the end of the 21-day (iii) OVERPAYMENTS AND UNDERPAYMENTS.— questing the admissions thereafter proves settlement conference period under sub- Notwithstanding clause (ii), if fees described the genuineness of the document or the section (b)(4)(B)(ix); or in clause (ii) are paid— truth of the matter. (B) 15 days before the date on which the (I) the recipient of such fees shall, not (B) FALSE OR MISLEADING RESPONSES.—For fees and terms in effect for the relevant cov- later than 60 days after the date on which purposes of this Act, any disclosure, answer, ered electronic payment system expire. the motion for rehearing is resolved or, if the or response that is false or substantially (2) DETERMINATION.— motion is granted, 60 days after the date on misleading, evasive, or incomplete shall be (A) FILING OF FINAL OFFER.—Before the which the rehearing is concluded, return any deemed a failure to comply with a discovery commencement of a direct hearing in a pro- excess fees described in clause (ii), to the ex- request. ceeding under subsection (b)(4)(B)(x), each tent necessary to comply with the final de- (C) NEGATIVE INFERENCE IN CURRENT PRO- proceeding party shall file with the Elec- termination by the Electronic Payment Sys- CEEDING.—If any person fails to comply with tronic Payment System Judges and with the tem Judges of fees and terms for access to a discovery request, the Electronic Payment other proceeding party a final offer of fees the covered electronic payment system; and System Judges may issue an order that the and terms for access to the covered elec- (II) a person obligated to make fee pay- matters regarding which the order was made tronic payment system. A proceeding party ments shall, not later than 60 days after the or any other designated facts shall be taken may not amend a final offer submitted under date on which the motion for rehearing is re- to be established for the purposes of the cur- this subparagraph, except with the express solved or, if the motion is granted, 60 days rent proceeding in accordance with the claim consent of the Electronic Payment System after the date on which the rehearing is con- of the proceeding party seeking discovery Judges and the other proceeding party. cluded, pay the recipient the amount of any and obtaining the order. (B) SELECTION BETWEEN FINAL OFFERS.— underpayment of fees described in clause (ii), (D) CIVIL PENALTY.— After the conclusion of the direct hearing to the extent necessary to comply with the (i) GENERALLY.—Any person who fails to and rebuttal hearing, the Electronic Pay- final determination by the Electronic Pay- comply with a discovery request under this ment System Judges shall make their deter- ment System Judges of fees and terms for Act shall be subject to a civil penalty, which mination by selecting 1 of the 2 final offers access to the covered electronic payment shall be assessed by the Electronic Payment filed by the proceeding parties. The Elec- system. System Judges, of not more than $25,000 for tronic Payment System Judges shall make (4) CONTENTS OF DETERMINATION.—A deter- each violation. Each day of violation shall their selection in accordance with the stand- mination of the Electronic Payment System constitute a separate violation. ards described in section 3(c)(3)(C). Judges shall establish the fees and terms for (ii) NOTICE AND HEARINGS.—No civil penalty (C) VOTING AND DISSENTING OPINIONS.—A access to the relevant covered electronic may be assessed under this subparagraph ex- final determination of the Electronic Pay- payment system, shall be supported by the cept under an order of the Electronic Pay- ment System Judges in a proceeding under written record, and shall set forth the find- ment System Judges and unless the person this Act shall be made by majority vote. An ings of fact relied on by the Electronic Pay- accused of the violation was given prior no- Electronic Payment System Judge dis- ment System Judges. The Electronic Pay- tice and opportunity to request and partici- senting from the majority on any determina- ment System Judges shall make publicly pate in a hearing before the Electronic Pay- tion under this Act may issue a dissenting available in their entirety all determina- ment System Judges with respect to the vio- opinion, which shall be included with the de- tions issued under this paragraph. lation. termination. (5) CONTINUING JURISDICTION.—The Elec- (iii) DETERMINING AMOUNT.—In determining (3) REHEARINGS.— tronic Payment System Judges may, with the amount of any penalty assessed under (A) IN GENERAL.—The Electronic Payment the approval of the Attorney General and the this subparagraph, the Electronic Payment System Judges may, in exceptional cases, Chairman, issue an amendment to a written System Judges shall take into account the upon motion of a proceeding party, order a determination to correct any technical or nature, circumstances, extent, and gravity of rehearing, after the determination in the clerical errors in the determination in re- the violation or violations and, with respect proceeding is issued under paragraph (2), on sponse to unforeseen circumstances that to the violator, ability to pay, any prior his- such matters as the Electronic Payment would frustrate the proper implementation tory of such violations, the degree of culpa- System Judges determine to be appropriate. of such determination. Such amendment bility, economic benefit or savings (if any) (B) TIMING FOR FILING MOTION.—Any mo- shall be set forth in a written addendum to resulting from the violation, and such other tion for a rehearing under subparagraph (A) the determination that shall be distributed matters as justice may require. shall be filed not later than 15 days after the to the proceeding parties and shall be pub- (iv) REVIEW.—Any person who requested a date on which the Electronic Payment Sys- lished in the Federal Register. hearing with respect to a civil penalty under tem Judges deliver to the parties in the pro- (6) PROTECTIVE ORDER.—The Electronic this subparagraph and who is aggrieved by ceeding their initial determination con- Payment System Judges may issue such or- an order assessing the civil penalty may file cerning fees and terms. ders as may be appropriate to protect con- a petition for judicial review of such order (C) PARTICIPATION BY OPPOSING PARTY NOT fidential information, including orders ex- with the United States Court of Appeals for REQUIRED.—In any case in which a rehearing cluding confidential information from the the District of Columbia Circuit. Such a pe- is ordered under this paragraph, any oppos- record of the determination that is published tition may be filed not later than 30 days ing proceeding party shall not be required to or made available to the public, except that after the date on which the order making participate in the rehearing, except that any fees and terms of an access agreement, such assessment was issued. The United nonparticipation may give rise to the limita- including voluntarily negotiated access States Court of Appeals for the District of tions with respect to judicial review pro- agreements filed under section 3(c)(1), may Columbia Circuit shall have jurisdiction to vided for in subsection (d)(1). not be excluded from publication. enter a judgment affirming, modifying, or (D) NO NEGATIVE INFERENCE.—The Elec- (7) PUBLICATION OF DETERMINATION.—Not setting aside in whole or in part, an order of tronic Payment System Judges may not later than 60 days after the date on which the Electronic Payment System Judges draw a negative inference from lack of par- the Electronic Payment System Judges issue under this subparagraph, or the court may ticipation in a rehearing. a determination under this subsection, the remand the proceeding to the Electronic (E) CONTINUITY OF FEES AND TERMS.— Attorney General and the Chairman shall Payment System Judges for such further ac- (i) IN GENERAL.—If the decision of the Elec- cause the determination, and any correc- tion as the court may direct. The Attorney tronic Payment System Judges on any mo- tions thereto, to be published in the Federal General shall represent the Electronic Pay- tion for a rehearing is not rendered before Register. The Electronic Payment System ment System Judges before the court. the expiration of the fees and terms in effect Judges also shall publicize the determina- (v) ENFORCEMENT.—If any person fails to for the relevant covered electronic payment tion and any corrections in such other man- pay an assessment of a civil penalty after system, in the case of a proceeding to deter- ner as the Attorney General and the Chair- the civil penalty has become a final and mine successor fees and terms for fees and man consider appropriate, including publica- unappealable order or after the appropriate terms that expire on a specified date, the ini- tion on the Internet. The Electronic Pay- court has entered final judgment, the Elec- tial determination of the Electronic Pay- ment System Judges also shall make the de- tronic Payment System Judges shall request ment System Judges that is the subject of termination, corrections, and the accom- the Attorney General to institute a civil ac- the rehearing motion shall be effective as of panying record available for public inspec- tion in an appropriate district court of the the day following the date on which the fees tion and copying.

VerDate Nov 24 2008 01:32 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JN6.028 S09JNPT1 jbell on PROD1PC69 with SENATE June 9, 2009 CONGRESSIONAL RECORD — SENATE S6371 (8) LATE PAYMENT.—A determination of riod beginning on January 1, 2011, and ending fective, redundant, or inappropriate Electronic Payment System Judges— on December 31, 2012. The Electronic Pay- care. That’s care that does nothing to (A) may include terms with respect to late ment System Judges shall cause notice of improve the health of Americans. payment; and commencement of such proceedings to be Our system also leaves nearly 50 mil- (B) may not include any provision in such published in the Federal Register. lion Americans without health cov- terms described in subparagraph (A) that (2) PROCEDURES SPECIFIC TO THE INITIAL prevents a provider of a covered electronic PROCEEDINGS.— erage and 25 million more with inad- payment system from asserting other rights (A) DISCOVERY PERIOD.—Notwithstanding equate coverage. Most bankruptcies or remedies provided under this Act. section 5(b)(4)(B)(ii), discovery in the initial and foreclosures in America are related (d) JUDICIAL REVIEW.— proceedings described in paragraph (1) shall to medical costs. (1) APPEAL.—Any determination of the be permitted for a period of 90 days, except Our system needs reform. Electronic Payment System Judges under for discovery ordered by the Electronic Pay- Today, along with Senator CONRAD, subsection (c) may, not later than 30 days ment System Judges in connection with the after the date of publication of the deter- the Chairman of the Budget Com- resolution of motions, orders, and disputes mittee, I am proud to introduce a bill mination in the Federal Register, be ap- pending at the end of such period. that would improve health care in pealed, to the United States Court of Appeals (B) CONSIDERATION OF CHANGES IN FEES AND for the District of Columbia Circuit, by any TERMS BETWEEN DATE OF ENACTMENT AND INI- America by helping doctors and pa- aggrieved member of a proceeding party TIAL DETERMINATION.—In establishing the tients to make better, more-informed under this Act who would be bound by the fees and terms under section 3(c) for access health care decisions. determination. Any proceeding party that to covered electronic payment systems, to be This legislation would increase the did not participate in a rehearing may not effective during the period beginning on Jan- chances that Americans receive the raise any issue that was the subject of that uary 1, 2011, and ending on December 31, 2012, rehearing at any stage of judicial review of right care. This bill would provide for the Electronic Payment System Judges shall research that can help physicians and the hearing determination. If no appeal is consider changes in fees and terms made by brought within the 30-day period under this a covered electronic payments system be- patients know more about what works paragraph, the determination of the Elec- tween the date of enactment of this Act and best in medicine, and what does not. tronic Payment System Judges shall be such initial determination. Based upon such Some patients, receive medical treat- final, and shall take effect as described in consideration, the Electronic Payment Sys- ments that work well. Some patients paragraph (2). tem Judges may adjust the fees established receive treatments that do not. In (2) EFFECT OF FEES AND TERMS.— for the period beginning on January 1, 2011, many cases, doctors simply don’t have (A) FEE PAYMENTS.—The pendency of an and ending on December 31, 2012, to reflect enough reliable evidence to decide appeal under this subsection shall not relieve the economic impact such changes had on a person obligated to make fee payments for which treatments are best for which the parties. patients. access to a covered electronic payment sys- (b) SUBSEQUENT PROCEEDINGS.—After com- tem who would be affected by the determina- pletion of the proceedings required under Rapid innovation and advancements tion on appeal from paying the fees required subsection (a), proceedings under section 3(c) in medicine have led to an ever-chang- and complying with the terms under the rel- to establish fees and terms for access to cov- ing array of new and sometimes expen- evant determination or regulations. ered electronic payment systems shall be sive technologies. The age of personal- (B) OVERPAYMENTS AND UNDERPAYMENTS.— commenced in 2011, and every 3 years there- ized medicine and genetic engineering Notwithstanding subparagraph (A), if fees after. will provide even more choices for pa- described in subparagraph (A) are paid— SEC. 7. GENERAL RULE FOR VOLUNTARILY NE- (i) the recipient of such fees shall, not later GOTIATED ACCESS AGREEMENTS. tients and their physicians. Indeed, than 60 days after the date on which the ap- (a) IN GENERAL.—Any fees or terms de- both patients and physicians can face peal is resolved return any excess fees de- scribed in subsection (b) shall remain in ef- great difficulty in choosing among scribed in subparagraph (A) (and interest fect for such period of time as would other- treatment options. thereon, if ordered under paragraph (3)), to wise apply to fees and terms established Patients and physicians need more the extent necessary to comply with the under this Act, except that the Electronic credible information about how treat- final determination of fees and terms on ap- Payment System Judges shall adjust any ments for a specific condition compare such fees to reflect inflation during any addi- peal; and to each other. Today, the vast majority (ii) a person obligated to make fee pay- tional period the fees remain in effect be- ments shall, not later than 60 days after the yond that contemplated in the voluntarily of medical information shows how date on which the appeal is resolved, pay the negotiated access agreement. treatments work compared to placebos. recipient the amount of any underpayment (b) FEES AND TERMS.—The fees or terms de- Most medical information does not of fees described in subparagraph (A) (and in- scribed in this subsection are fees or terms show how treatments work compared terest thereon, if ordered under paragraph for access to a covered electronic payment to each other. system under this Act that— (3)), to the extent necessary to comply with For example, men with prostate can- the final determination of fees and terms on (1) are agreed upon as part of a voluntarily negotiated access agreement for a period cer have a choice among 3 common appeal. treatments surgery, radiation, and (3) JURISDICTION OF COURT.—If the United shorter than would otherwise apply under a States Court of Appeals for the District of determination under this Act; and chemotherapy. Each approach yields Columbia Circuit, under section 706 of title 5, (2) are adopted by the Electronic Payment different outcomes in terms of sur- United States Code, modifies or vacates a de- System Judges as part of a determination vival, ability to return to work, and termination of the Electronic Payment Sys- under this Act. other measures of quality of life. tem Judges, the court may enter its own de- Comparative effectiveness research By Mr. BAUCUS (for himself and termination with respect to the amount or would compare each approach in a sys- distribution of fees and costs, and order the Mr. CONRAD): S. 1213. A bill to amend title XI of the tematic way. That way, doctors and repayment of any excess fees, the payment of patients would have more information any underpaid fees, and the payment of in- Social Security Act to provide for the terest pertaining respectively thereto, in ac- conduct of comparative effectiveness about how options work, and for whom. cordance with its final judgment. The court research and to amend the Internal The bill that I introduce today would also may vacate the determination of the Revenue Code of 1986 to establish a Pa- do just that. Electronic Payment System Judges and re- tient-Centered Outcomes Research This bill would facilitate compari- mand the case to the Electronic Payment Trust Fund, and for other purposes; to sons across a broad spectrum of health System Judges for further proceedings. the Committee on Finance. care interventions and health care (e) AUTHORIZATION OF APPROPRIATIONS.— strategies that are used to prevent, There are authorized to be appropriated such Mr. BAUCUS. Mr. President, last sums as may be necessary to carry out this year, America spent $2.4 trillion on treat, diagnose and manage health con- Act. health care. That is 1/6 of our economy. ditions. By evaluating and comparing SEC. 6. INSTITUTION OF PROCEEDINGS BEFORE Yet we ranked last among major indus- what works best, patients and pro- ELECTRONIC PAYMENT SYSTEM trialized nations in the Commonwealth viders can make more informed deci- JUDGES. Fund’s National Scorecard on Health sions about care. (a) INITIAL PROCEEDINGS.— System Performance, which ranks the More specifically, this bill would cre- (1) TIMING.—Proceedings under this Act ate a nonprofit institute that would be shall be commenced as soon as practicable number of deaths that could be pre- after the date of enactment of this Act to es- vented before age 75 through effective responsible for setting national health tablish fees and terms for access to covered health care. care research priorities. The institute, electronic payment systems under section Some analysts estimate that as much called the Patient-Centered Outcomes 3(c), which shall be effective during the pe- as 30 percent of our spending is for inef- Research Institute, would be a private

VerDate Nov 24 2008 01:32 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JN6.028 S09JNPT1 jbell on PROD1PC69 with SENATE S6372 CONGRESSIONAL RECORD — SENATE June 9, 2009 entity. It would be governed by a vestment towards this type of research. ‘‘(5) INSTITUTE.—The term ‘Institute’ multi-stakeholder, public-private sec- But that was just a first step. We must means the ‘Patient-Centered Outcomes Re- tor Board of Governors. It would not be ensure that this research will be sus- search Institute’ established under sub- an agency of the Federal Government. section (b)(1). tained in the years to come. ‘‘(b) PATIENT-CENTERED OUTCOMES RE- Keeping the Institute a private, non- From cars to toasters, Americans are SEARCH INSTITUTE.— profit entity would shelter it from po- able to readily view and evaluate infor- ‘‘(1) ESTABLISHMENT.—There is authorized tential political influence from both mation about the quality and effective- to be established a nonprofit corporation, to the executive and legislative branches ness of so many of the items that they be known as the ‘‘Patient-Centered Out- of Government. The independence and buy. It seems only logical that they comes Research Institute’’ which is neither expertise of the Institute would result should have information on what an agency nor establishment of the United States Government. in more credible and more useful re- works and what does not when it comes ‘‘(2) APPLICATION OF PROVISIONS.—The In- search for Americans. to their health, especially with one in The Institute would set national pri- stitute shall be subject to the provisions of every 6 of this country’s dollars leing this section, and, to the extent consistent orities for comparative effectiveness spent on health care. with this section, to the District of Columbia research and facilitate studies that It is time for Americans and their Nonprofit Corporation Act. would help to answer the most pressing doctors to be wield the world’s most ‘‘(3) FUNDING OF COMPARATIVE EFFECTIVE- questions about what works, and what advanced science, so that the most per- NESS RESEARCH.—For fiscal year 2010 and doesn’t. sonal health care decisions, like so each subsequent fiscal year, amounts in the Patient-Centered Outcomes Research Trust The Institute would have the author- many of the other decisions we make, ity to contract with experienced Fed- Fund (referred to in this section as the are made with access to the best avail- eral agencies—such as the National In- ‘PCORTF’) under section 9511 of the Internal able information. stitutes of Health and the Agency for Revenue Code of 1986 shall be available, with- I urge my colleagues to support this Health Care Research and Quality, or out further appropriation, to the Institute to common-sense measure. carry out this section. with private researchers—to carry out Mr. President, I ask unanimous con- ‘‘(c) PURPOSE.—The purpose of the Insti- the actual research. The Institute sent that the text of the bill be printed tute is to assist patients, clinicians, pur- would also be responsible for dissemi- chasers, and policy makers in making in- in the RECORD. nating the findings of the research in formed health decisions by advancing the There being no objection, the text of ways that make sense to both patients quality and relevance of evidence concerning the bill was ordered to be printed in and providers. the manner in which diseases, disorders, and The Institute’s work would not hap- the RECORD, as follows: other health conditions can effectively and S. 1213 appropriately be prevented, diagnosed, treat- pen behind closed doors. The bill would ed, monitored, and managed through re- provide opportunities for public input Be it enacted by the Senate and House of Rep- search and evidence synthesis that considers and scientific review of the integrity of resentatives of the United States of America in variations in patient subpopulations, and the the research being conducted. The In- Congress assembled, dissemination of research findings with re- stitute’s meetings would be accessible SECTION 1. SHORT TITLE. spect to the relative clinical outcomes, clin- to the public, and open forums would This Act may be cited as the ‘‘Patient-Cen- ical effectiveness, and appropriateness of the help to solicit and obtain input on the tered Outcomes Research Act of 2009’’. medical treatments, services, and items de- scribed in subsection (a)(2)(B). Institute’s activities and agenda. Also, SEC. 2. COMPARATIVE EFFECTIVENESS RE- SEARCH. ‘‘(d) DUTIES.— public comment periods would be made (a) IN GENERAL.—Title XI of the Social Se- ‘‘(1) IDENTIFYING RESEARCH PRIORITIES AND available to discuss research findings. curity Act (42 U.S.C. 1301 et seq.) is amended ESTABLISHING RESEARCH PROJECT AGENDA.— The Institute’s work would benefit by adding at the end the following new part: ‘‘(A) IDENTIFYING RESEARCH PRIORITIES.— all Americans who receive health care. The Institute shall identify national prior- ‘‘PART D—COMPARATIVE EFFECTIVENESS ities for comparative clinical effectiveness So both public and private payers RESEARCH would fund the Institute. After an ini- research, taking into account factors, in- ‘‘COMPARATIVE EFFECTIVENESS RESEARCH tial investment from general revenues, cluding— the Institute would be funded by an all- ‘‘SEC. 1181. (a) DEFINITIONS.—In this sec- ‘‘(i) disease incidence, prevalence, and bur- tion: den in the United States; payer system, drawing from both pub- ‘‘(1) BOARD.—The term ‘Board’ means the ‘‘(ii) evidence gaps in terms of clinical out- lic and private sources. Board of Governors established under sub- comes; Comparative effectiveness research section (f). ‘‘(iii) practice variations, including vari- would not be the ultimate decision ‘‘(2) COMPARATIVE CLINICAL EFFECTIVENESS ations in delivery and outcomes by geog- maker. Instead, it would provide an ad- RESEARCH.— raphy, treatment site, provider type, and pa- ditional tool to improve health quality. ‘‘(A) IN GENERAL.—The term ‘comparative tient subgroup; The Institute would be a health care clinical effectiveness research’ means re- ‘‘(iv) the potential for new evidence con- resource, a scientific entity, a source of search evaluating and comparing the clinical cerning certain categories of health care knowledge, and a provider of informa- effectiveness, risks, and benefits of 2 or more services or treatments to improve patient tion. medical treatments, services, and items de- health and well-being, and the quality of scribed in subparagraph (B). care; According to the Institute of Medi- ‘‘(B) MEDICAL TREATMENTS, SERVICES, AND ‘‘(v) the effect or potential for an effect on cine, this research would provide better ITEMS DESCRIBED.—The medical treatments, health expenditures associated with a health evidence—objective information—so services, and items described in this subpara- condition or the use of a particular medical that doctors and patients could make graph are health care interventions, proto- treatment, service, or item; better decisions. cols for treatment, care management, and ‘‘(vi) the effect or potential for an effect on If we are truly to reform our health delivery, procedures, medical devices, diag- patient needs, outcomes, and preferences, in- care system, then we must get more nostic tools, pharmaceuticals (including cluding quality of life; and evidence into the hands of the people drugs and biologicals), and any other strate- ‘‘(vii) the relevance to assisting patients making medical decisions. This re- gies or items being used in the treatment, and clinicians in making informed health de- management, and diagnosis of, or prevention cisions. search is not only about reducing of illness or injury in, patients. ‘‘(B) ESTABLISHING RESEARCH PROJECT health care costs. It is focused on ad- ‘‘(3) COMPARATIVE EFFECTIVENESS RE- AGENDA.— dressing significant gaps in knowledge. SEARCH.—The term ‘comparative effective- ‘‘(i) IN GENERAL.—The Institute shall estab- It is not just the academics and ness research’ means research evaluating lish and update a research project agenda for economists who agree. Patient advo- and comparing the implications and out- comparative clinical effectiveness research cates like the National Breast Cancer comes of 2 or more health care strategies to to address the priorities identified under sub- Coalition, provider groups like the address a particular medical condition for paragraph (A), taking into consideration the American Medical Association, and specific patient populations. types of such research that might address consumer groups like AARP can see ‘‘(4) CONFLICTS OF INTEREST.—The term each priority and the relative value (deter- ‘conflicts of interest’ means associations, in- mined based on the cost of conducting such the benefits of this research quite cluding financial and personal, that may be research compared to the potential useful- clearly. They have all extended their reasonably assumed to have the potential to ness of the information produced by such re- support. bias an individual’s decisions in matters re- search) associated with the different types of The American Recovery and Rein- lated to the Institute or the conduct of ac- research, and such other factors as the Insti- vestment Act made a significant in- tivities under this section. tute determines appropriate.

VerDate Nov 24 2008 01:32 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JN6.024 S09JNPT1 jbell on PROD1PC69 with SENATE June 9, 2009 CONGRESSIONAL RECORD — SENATE S6373

‘‘(ii) CONSIDERATION OF NEED TO CONDUCT A into account new research, evolving evi- Institute shall appoint an expert advisory SYSTEMATIC REVIEW.—In establishing and up- dence, advances in medical technology, and panel for purposes of assisting in the design dating the research project agenda under changes in the standard of care as they be- of such research study and determining the clause (i), the Institute shall consider the come available, as appropriate. relative value and feasibility of conducting need to conduct a systematic review of exist- ‘‘(D) TAKING INTO ACCOUNT POTENTIAL DIF- such research study. ing research before providing for the conduct FERENCES.—Research shall— ‘‘(B) COMPOSITION.— of new research under paragraph (2)(A). ‘‘(i) be designed, as appropriate, to take ‘‘(i) IN GENERAL.—An expert advisory panel ‘‘(2) CARRYING OUT RESEARCH PROJECT AGEN- into account the potential for differences in appointed under subparagraph (A) shall in- DA.— the effectiveness of health care treatments, clude individuals who have experience in the ‘‘(A) COMPARATIVE CLINICAL EFFECTIVENESS services, and items as used with various sub- relevant topic, project, or category for which RESEARCH.—In carrying out the research populations, such as racial and ethnic mi- the panel is established, including— project agenda established under paragraph norities, women, age, and groups of individ- ‘‘(I) practicing and research clinicians (in- (1)(B), the Institute shall provide for the con- uals with different comorbidities, genetic cluding relevant specialists and subspecial- duct of appropriate research and the syn- and molecular sub-types, or quality of life ists), patients, and representatives of pa- thesis of evidence, in accordance with the preferences; and tients; and methodological standards adopted under ‘‘(ii) include members of such subpopula- ‘‘(II) experts in scientific and health serv- paragraph (10), using methods, including the tions as subjects in the research as feasible ices research, health services delivery, and following: and appropriate. evidence-based medicine. ‘‘(i) Systematic reviews and assessments of ‘‘(E) DIFFERENCES IN TREATMENT MODALI- ‘‘(ii) INCLUSION OF REPRESENTATIVES OF existing research and evidence. TIES.—Research shall be designed, as appro- MANUFACTURERS OF MEDICAL TECHNOLOGY.— ‘‘(ii) Primary research, such as randomized priate, to take into account different charac- An expert advisory panel appointed under clinical trials, molecularly informed trials, teristics of treatment modalities that may subparagraph (A) may include a representa- and observational studies. affect research outcomes, such as the phase tive of each manufacturer of each medical ‘‘(iii) Any other methodologies rec- of the treatment modality in the innovation technology that is included under the rel- ommended by the methodology committee cycle and the impact of the skill of the oper- evant topic, project, or category for which established under paragraph (7) that are ator of the treatment modality. the panel is established. adopted by the Board under paragraph (10). ‘‘(3) STUDY AND REPORT ON FEASIBILITY OF ‘‘(6) SUPPORTING PATIENT AND CONSUMER ‘‘(B) CONTRACTS FOR THE MANAGEMENT AND CONDUCTING RESEARCH IN-HOUSE.— REPRESENTATIVES.—The Institute shall pro- CONDUCT OF RESEARCH.— ‘‘(A) STUDY.—The Institute shall conduct a vide support and resources to help patient ‘‘(i) IN GENERAL.—The Institute may enter study on the feasibility of conducting re- and consumer representatives on the Board into contracts for the management and con- search in-house. and expert advisory panels appointed by the duct of research in accordance with the re- ‘‘(B) REPORT.—Not later than 5 years after Institute under paragraph (5) to effectively search project agenda established under the date of enactment of this section, the In- participate in technical discussions regard- paragraph (1)(B) with the following: stitute shall submit a report to Congress ing complex research topics. Such support ‘‘(I) Agencies and instrumentalities of the containing the results of the study con- shall include initial and continuing edu- Federal Government that have experience in ducted under subparagraph (A). cation to facilitate effective engagement in conducting comparative clinical effective- ‘‘(4) DATA COLLECTION.— activities undertaken by the Institute and ness research, such as the Agency for ‘‘(A) IN GENERAL.—The Secretary shall, may include regular and ongoing opportuni- Healthcare Research and Quality, to the ex- with appropriate safeguards for privacy, ties for patient and consumer representa- tent that such contracts are authorized make available to the Institute such data tives to interact with each other and to ex- under the governing statutes of such agen- collected by the Centers for Medicare & Med- change information and support regarding cies and instrumentalities. icaid Services under the programs under ti- their involvement in the Institute’s activi- ‘‘(II) Appropriate private sector research or tles XVIII, XIX, and XXI as the Institute ties. The Institute shall provide per diem and study-conducting entities that have dem- may require to carry out this section. The other appropriate compensation to patient onstrated the experience and capacity to Institute may also request and, if such re- and consumer representatives for their time achieve the goals of comparative effective- quest is granted, obtain data from Federal, spent participating in the activities of the ness research. State, or private entities, including data Institute under this paragraph. ‘‘(ii) CONDITIONS FOR CONTRACTS.—A con- from clinical databases and registries. ‘‘(7) ESTABLISHING METHODOLOGY COM- tract entered into under this subparagraph ‘‘(B) USE OF DATA.—The Institute shall MITTEE.— shall require that the agency, instrumen- only use data provided to the Institute under ‘‘(A) IN GENERAL.—The Institute shall es- tality, or other entity— subparagraph (A) in accordance with laws tablish a standing methodology committee ‘‘(I) abide by the transparency and con- and regulations governing the release and to carry out the functions described in sub- flicts of interest requirements that apply to use of such data, including applicable con- paragraph (C). the Institute with respect to the research fidentiality and privacy standards. ‘‘(B) APPOINTMENT AND COMPOSITION.—The managed or conducted under such contract; ‘‘(5) APPOINTING EXPERT ADVISORY PAN- methodology committee established under ‘‘(II) comply with the methodological ELS.— subparagraph (A) shall be composed of not standards adopted under paragraph (10) with ‘‘(A) APPOINTMENT.— more than 17 members appointed by the respect to such research; ‘‘(i) IN GENERAL.—The Institute shall, as Comptroller General of the United States. ‘‘(III) take into consideration public com- appropriate, appoint expert advisory panels Members appointed to the methodology com- ments on the study design that are trans- to assist in identifying research priorities mittee shall be experts in their scientific mitted by the Institute to the agency, in- and establishing the research project agenda field, such as health services research, clin- strumentality, or other entity under sub- under paragraph (1). Panels shall advise the ical research, comparative effectiveness re- section (i)(1)(B) during the finalization of the Institute in matters such as identifying gaps search, biostatistics, genomics, and research study design and transmit responses to such in and updating medical evidence in order to methodologies. Stakeholders with such ex- comments to the Institute, which will pub- ensure that the information produced from pertise may be appointed to the methodology lish such comments, responses, and finalized such research is clinically relevant to deci- committee. study design in accordance with subsection sions made by clinicians and patients at the ‘‘(C) FUNCTIONS.—Subject to subparagraph (i)(3)(A)(iii) prior to the conduct of such re- point of care. (D), the methodology committee shall work search; and ‘‘(ii) EXPERT ADVISORY PANELS FOR PRIMARY to develop and improve the science and ‘‘(IV) in the case where the agency, instru- RESEARCH.—The Institute shall appoint ex- methods of comparative effectiveness re- mentality, or other entity is managing or pert advisory panels in carrying out the re- search by undertaking, directly or through conducting a comparative effectiveness re- search project agenda under paragraph subcontract, the following activities: search study for a rare disease, consult with (2)(A)(ii). Such expert advisory panels shall, ‘‘(i) Not later than 2 years after the date on the expert advisory panel for rare disease ap- upon request, advise the Institute and the which the members of the methodology com- pointed under paragraph (5)(A)(iii) with re- agency, instrumentality, or entity con- mittee are appointed under subparagraph spect to such research study. ducting the research on the research ques- (B), developing and periodically updating the ‘‘(iii) COVERAGE OF COPAYMENTS OR COIN- tion involved and the research design or pro- following: SURANCE.—A contract entered into under tocol, including the appropriate comparator ‘‘(I) Establish and maintain methodo- this subparagraph may allow for the cov- technologies, important patient subgroups, logical standards for comparative clinical ef- erage of copayments or co-insurance, or and other parameters of the research, as nec- fectiveness research on major categories of allow for other appropriate measures, to the essary. Upon the request of such agency, in- interventions to prevent, diagnose, or treat a extent that such coverage or other measures strumentality, or entity, such panels shall clinical condition or improve the delivery of are necessary to preserve the validity of a re- be available as a resource for technical ques- care. Such methodological standards shall search project, such as in the case where the tions that may arise during the conduct of provide specific criteria for internal validity, research project must be blinded. such research. generalizability, feasibility, and timeliness ‘‘(C) REVIEW AND UPDATE OF EVIDENCE.— ‘‘(iii) EXPERT ADVISORY PANEL FOR RARE of such research and for clinical outcomes The Institute shall review and update evi- DISEASE.—In the case of a comparative effec- measures, risk adjustment, and other rel- dence on a periodic basis, in order to take tiveness research study for rare disease, the evant aspects of research and assessment

VerDate Nov 24 2008 01:32 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JN6.051 S09JNPT1 jbell on PROD1PC69 with SENATE S6374 CONGRESSIONAL RECORD — SENATE June 9, 2009

with respect to the design of such research. ‘‘(A) IN GENERAL.—The Institute shall en- the methodology committee under para- Any methodological standards developed and sure that there is a process for peer review of graph (7)(C)(i), any peer-review process pro- updated under this subclause shall be sci- the research conducted under paragraph vided under paragraph (8), and dissemination entifically based and include methods by (2)(A)(ii). Under such process— protocols and strategies developed under which new information, data, or advances in ‘‘(i) evidence from research conducted paragraph (9)(B) by majority vote. In the technology are considered and incorporated under such paragraph shall be reviewed to case where the Institute does not adopt such into ongoing research projects by the Insti- assess scientific integrity and adherence to national priorities, research project agenda, tute, as appropriate. The process for devel- methodological standards adopted under methodological standards, peer-review proc- oping and updating such standards shall in- paragraph (10); and ess, or dissemination protocols and strate- clude input from relevant experts, stake- ‘‘(ii) a list of the names of individuals con- gies in accordance with the preceding sen- holders, and decision makers, and shall pro- tributing to any peer-review process during tence, the national priorities, research vide opportunities for public comment. Such the preceding year or years shall be made project agenda, methodological standards, standards shall also include methods by public and included in annual reports in ac- peer-review process, or dissemination proto- which patient subpopulations can be ac- cordance with paragraph (12)(D). cols and strategies shall be referred to the counted for and evaluated in different types ‘‘(B) COMPOSITION.—Such peer-review proc- appropriate staff or entity within the Insti- of research. As appropriate, such standards ess shall be designed in a manner so as to shall build on existing work on methodo- avoid bias and conflicts of interest on the tute (or, in the case of the methodological logical standards for defined categories of part of the reviewers and shall be composed standards, the methodology committee) for health interventions and for each of the of experts in the scientific field relevant to further review. major categories of comparative effective- the research under review. ‘‘(11) COORDINATION OF RESEARCH AND RE- ness research methods (determined as of the ‘‘(C) USE OF EXISTING PROCESSES.— SOURCES AND BUILDING CAPACITY FOR RE- date of enactment of the Patient-Centered ‘‘(i) PROCESSES OF ANOTHER ENTITY.—In the SEARCH.— Outcomes Research Act of 2009). case where the Institute enters into a con- ‘‘(A) COORDINATION OF RESEARCH AND RE- ‘‘(II) A translation table that is designed to tract or other agreement with another enti- SOURCES.—The Institute shall coordinate re- provide guidance and act as a reference for ty for the conduct or management of re- search conducted, commissioned, or other- the Board to determine research methods search under this section, the Institute may wise funded under this section with compara- that are most likely to address each specific utilize the peer-review process of such entity tive clinical effectiveness and other relevant comparative clinical effectiveness research if such process meets the requirements under research and related efforts conducted by question. subparagraphs (A) and (B). public and private agencies and organiza- ‘‘(ii) Not later than 3 years after such date, ‘‘(ii) PROCESSES OF APPROPRIATE MEDICAL tions in order to ensure the most efficient examining the following: JOURNALS.—The Institute may utilize the use of the Institute’s resources and that re- ‘‘(I) Methods by which various aspects of peer-review process of appropriate medical search is not duplicated unnecessarily. the health care delivery system (such as ben- journals if such process meets the require- ‘‘(B) BUILDING CAPACITY FOR RESEARCH.— efit design and performance, and health serv- ments under subparagraphs (A) and (B). The Institute may build capacity for com- ices organization, management, information ‘‘(9) DISSEMINATION OF RESEARCH FIND- parative clinical effectiveness research and communication, and delivery) could be as- INGS.— methodologies, including research training sessed and compared for their relative effec- ‘‘(A) IN GENERAL.—The Institute shall dis- and development of data resources (such as tiveness, benefits, risks, advantages, and dis- seminate research findings to clinicians, pa- clinical registries), through appropriate ac- advantages in a scientifically valid and tients, and the general public in accordance tivities, including using up to 20 percent of standardized way. with the dissemination protocols and strate- the amounts appropriated or credited to the ‘‘(II) Methods by which efficiency and gies adopted under paragraph (10). Research PCORTF under section 9511(b) of the Internal value (including the full range of harms and findings disseminated— Revenue Code of 1986 with respect to a fiscal benefits, such as quality of life) could be as- ‘‘(i) shall convey findings of research so year to fund extramural efforts of organiza- sessed in a scientifically valid and standard- that they are comprehensible and useful to tions such as the Cochrane Collaboration (or ized way. patients and providers in making health care a successor organization) and other organiza- ‘‘(D) CONSULTATION AND CONDUCT OF EXAMI- decisions; tions that develop and maintain a data net- NATIONS.— ‘‘(ii) shall discuss findings and other con- work to collect, link, and analyze data on ‘‘(i) IN GENERAL.—Subject to clause (iii), in siderations specific to certain subpopula- outcomes and effectiveness from multiple undertaking the activities described in sub- tions, risk factors, and comorbidities, as ap- sources, including electronic health records. paragraph (C), the methodology committee propriate; ‘‘(C) INCLUSION IN ANNUAL REPORTS.—The shall— ‘‘(iii) shall include considerations such as Institute shall report on any coordination ‘‘(I) consult or contract with 1 or more of limitations of research and what further re- and capacity building conducted under this the entities described in clause (ii); and search may be needed, as appropriate; paragraph in annual reports in accordance ‘‘(II) consult with stakeholders and other ‘‘(iv) shall not include practice guidelines, with paragraph (12)(E). entities knowledgeable in relevant fields, as coverage recommendations, or policy rec- ‘‘(12) ANNUAL REPORTS.—The Institute shall appropriate. ommendations; and submit an annual report to Congress and the ‘‘(ii) ENTITIES DESCRIBED.—The following ‘‘(v) shall not include any data the dissemi- entities are described in this clause: nation of which would violate the privacy of President, and shall make the annual report ‘‘(I) The Institute of Medicine of the Na- research participants or violate any con- available to the public. Such report shall tional Academies. fidentiality agreements made with respect to contain— ‘‘(II) The Agency for Healthcare Research the use of data under this section. ‘‘(A) a description of the activities con- and Quality. ‘‘(B) DISSEMINATION PROTOCOLS AND STRAT- ducted under this section during the pre- ‘‘(III) The National Institutes of Health. EGIES.—The Institute shall develop protocols ceding year, including the use of amounts ‘‘(IV) Academic, non-profit, or other pri- and strategies for the appropriate dissemina- appropriated or credited to the PCORTF vate entities with relevant expertise. tion of research findings in order to ensure under section 9511(b) of the Internal Revenue ‘‘(iii) CONDUCT OF EXAMINATIONS.—The effective communication of such findings Code of 1986 to carry out this section, re- methodology committee shall contract with and the use and incorporation of such find- search projects completed and underway, and the Institute of Medicine of the National ings into relevant activities for the purpose a summary of the findings of such projects; Academies for the conduct of the examina- of informing higher quality and more effec- ‘‘(B) the research project agenda and budg- tions described in subclauses (I) and (II) of tive and timely decisions regarding medical et of the Institute for the following year; subparagraph (C)(ii). treatments, services, and items. In devel- ‘‘(C) a description of research priorities ‘‘(E) REPORTS.—The methodology com- oping and adopting such protocols and strat- identified under paragraph (1)(A), dissemina- mittee shall submit reports to the Board on egies, the Institute shall consult with stake- tion protocols and strategies developed by the committee’s performance of the func- holders, including practicing clinicians and the Institute under paragraph (9)(B), and tions described in subparagraph (C). Reports patients, concerning the types of dissemina- methodological standards developed and up- submitted under the preceding sentence with tion that will be most useful to the end users dated by the methodology committee under respect to the functions described in clause of the information and may provide for the paragraph (7)(C)(i) that are adopted under (i) of such subparagraph shall contain rec- utilization of multiple formats for conveying paragraph (10) during the preceding year; ommendations— findings to different audiences. ‘‘(D) the names of individuals contributing ‘‘(i) for the Institute to adopt methodo- ‘‘(C) DEFINITION OF RESEARCH FINDINGS.—In to any peer-review process provided under logical standards developed and updated by this paragraph, the term ‘research findings’ paragraph (8) during the preceding year or the methodology committee under such sub- means the results of a study or assessment. years, in a manner such that those individ- paragraph; and ‘‘(10) ADOPTION.—Subject to subsection uals cannot be identified with a particular ‘‘(ii) for such other action as the method- (i)(1)(A)(i), the Institute shall adopt the na- research project; and ology committee determines is necessary to tional priorities identified under paragraph ‘‘(E) a description of efforts by the Insti- comply with such methodological standards. (1)(A), the research project agenda estab- tute under paragraph (11) to— ‘‘(8) PROVIDING FOR A PEER-REVIEW PROCESS lished under paragraph (1)(B), the methodo- ‘‘(i) coordinate the research conducted, FOR PRIMARY RESEARCH.— logical standards developed and updated by commissioned, or otherwise funded under

VerDate Nov 24 2008 01:32 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JN6.051 S09JNPT1 jbell on PROD1PC69 with SENATE June 9, 2009 CONGRESSIONAL RECORD — SENATE S6375

this section and the resources of the Insti- ‘‘(A) DIVERSE REPRESENTATION OF PERSPEC- ‘‘(B) seek such assistance and support as tute with research and related efforts con- TIVES.—The Board shall represent a broad may be required in the performance of the ducted by other private and public entities; range of perspectives and collectively have duties of the Institute from appropriate de- and scientific expertise in clinical health partments and agencies of the Federal Gov- ‘‘(ii) build capacity for comparative clin- sciences research, including epidemiology, ernment; ical effectiveness research and other rel- decisions sciences, health economics, and ‘‘(C) enter into contracts or make other ar- evant research and related efforts through statistics. rangements and make such payments as may appropriate activities. ‘‘(B) CONFLICTS OF INTEREST.— be necessary for performance of the duties of ‘‘(F) any other relevant information (in- ‘‘(i) IN GENERAL.—In appointing members the Institute; cluding information on the membership of of the Board under paragraph (1)(D), the ‘‘(D) provide travel, subsistence, and per the Board, expert advisory panels appointed Comptroller General of the United States diem compensation for individuals per- under paragraph (5), the methodology com- shall take into consideration any conflicts of forming the duties of the Institute, including mittee established under paragraph (7), and interest of potential appointees. Any con- members of any expert advisory panel ap- the executive staff of the Institute, any con- flicts of interest of members appointed to pointed under subsection (d)(5), members of flicts of interest with respect to the mem- the Board under paragraph (1) shall be dis- the methodology committee established bers of such Board, expert advisory panels, closed in accordance with subsection under subsection (d)(7), and individuals se- and methodology committee, or with respect (i)(4)(B). lected to contribute to any peer-review proc- to any individuals selected for employment ‘‘(ii) RECUSAL.—A member of the Board ess under subsection (d)(8); and as executive staff of the Institute, and any shall be recused from participating with re- ‘‘(E) prescribe such rules, regulations, and bylaws adopted by the Board during the pre- spect to a particular research project or bylaws as the Board determines necessary ceding year). other matter considered by the Board in car- with respect to the internal organization and ‘‘(e) ADMINISTRATION.— rying out its research project agenda under operation of the Institute. ‘‘(1) IN GENERAL.—Subject to paragraph (2), subsection (d)(2) in the case where the mem- ‘‘(7) MEETINGS AND HEARINGS.—The Board the Board shall carry out the duties of the shall meet and hold hearings at the call of Institute. ber (or an immediate family member of such member) has a financial or personal interest the Chairperson or a majority of its mem- ‘‘(2) NONDELEGABLE DUTIES.—The activities bers. In the case where the Board is meeting described in subsections (b)(3)(D), (d)(1), and directly related to the research project or the matter that could affect or be affected by on matters not related to personnel, Board (d)(10) are nondelegable. meetings shall be open to the public and ad- ‘‘(f) BOARD OF GOVERNORS.— such participation. vertised through public notice at least 7 days ‘‘(1) IN GENERAL.—The Institute shall have ‘‘(3) TERMS.— prior to the meeting. a Board of Governors, which shall consist of ‘‘(A) IN GENERAL.—A member of the Board UORUM.—A majority of the members the following members: appointed under paragraph (1)(D) shall be ap- ‘‘(8) Q ‘‘(A) The Secretary of Health and Human pointed for a term of 6 years, except with re- of the Board shall constitute a quorum for Services (or the Secretary’s designee). spect to the members first appointed under purposes of conducting the duties of the In- ‘‘(B) The Director of the Agency for such paragraph— stitute, but a lesser number of members may Healthcare Research and Quality (or the Di- ‘‘(i) 6 shall be appointed for a term of 6 meet and hold hearings. rector’s designee). years; ‘‘(g) FINANCIAL OVERSIGHT.— ‘‘(C) The Director of the National Insti- ‘‘(ii) 6 shall be appointed for a term of 4 ‘‘(1) CONTRACT FOR AUDIT.—The Institute tutes of Health (or the Director’s designee). years; and shall provide for the conduct of financial au- ‘‘(D) 18 members appointed by the Comp- ‘‘(iii) 6 shall be appointed for a term of 2 dits of the Institute on an annual basis by a troller General of the United States not later years. private entity with expertise in conducting than 6 months after the date of enactment of ‘‘(B) LIMITATION.—No individual shall be financial audits. this section, as follows: appointed to the Board under paragraph ‘‘(2) REVIEW OF AUDIT AND REPORT TO CON- ‘‘(i) 3 members representing patients and (1)(D) for more than 2 terms. GRESS.—The Comptroller General of the health care consumers. ‘‘(C) EXPIRATION OF TERM.—Any member of United States shall— ‘‘(ii) 3 members representing practicing the Board whose term has expired may serve ‘‘(A) review the results of the audits con- physicians, including surgeons. until such member’s successor has taken of- ducted under paragraph (1); and ‘‘(iii) 3 members representing agencies that fice, or until the end of the calendar year in ‘‘(B) submit a report to Congress con- administer public programs, as follows: which such member’s term has expired, taining the results of such audits and review. ‘‘(I) 1 member representing the Centers for whichever is earlier. ‘‘(h) GOVERNMENTAL OVERSIGHT.— Medicare & Medicaid Services who has expe- ‘‘(D) VACANCIES.— ‘‘(1) REVIEW AND REPORTS.— rience in administering the program under ‘‘(i) IN GENERAL.—Any member appointed ‘‘(A) IN GENERAL.—The Comptroller Gen- title XVIII. to fill a vacancy prior to the expiration of eral of the United States shall review the fol- ‘‘(II) 1 member representing agencies that the term for which such member’s prede- lowing: administer State health programs (who may cessor was appointed shall be appointed for ‘‘(i) Processes established by the Institute, represent the Centers for Medicare & Med- the remainder of such term. including those with respect to the identi- icaid Services and have experience in admin- ‘‘(ii) VACANCIES NOT TO AFFECT POWER OF fication of research priorities under sub- istering the program under title XIX or the BOARD.—A vacancy on the Board shall not af- section (d)(1)(A) and the conduct of research program under title XXI or be a governor of fect its powers, but shall be filled in the projects under this section. Such review a State). same manner as the original appointment shall determine whether information pro- ‘‘(III) 1 member representing agencies that was made. duced by such research projects— administer other Federal health programs ‘‘(4) CHAIRPERSON AND VICE-CHAIRPERSON.— ‘‘(I) is objective and credible; (such as a health program of the Department ‘‘(A) IN GENERAL.—The Comptroller Gen- ‘‘(II) is produced in a manner consistent of Defense under chapter 55 of title 10, eral of the United States shall designate a with the requirements under this section; United States Code, the Federal employees Chairperson and Vice-Chairperson of the and health benefits program under chapter 89 of Board from among the members of the Board ‘‘(III) is developed through a transparent title 5 of such Code, a health program of the appointed under paragraph (1)(D). process. Department of Veterans Affairs under chap- ‘‘(B) TERM.—The members so designated ‘‘(ii) The overall effect of the Institute and ter 17 of title 38 of such Code, or a medical shall serve as Chairperson and Vice-Chair- the effectiveness of activities conducted care program of the Indian Health Service or person of the Board for a period of 3 years. under this section, including an assessment of a tribal organization). ‘‘(5) COMPENSATION.— of— ‘‘(iv) 3 members representing private pay- ‘‘(A) IN GENERAL.—A member of the Board ‘‘(I) the utilization of the findings of re- ers, of whom at least 1 member shall rep- shall be entitled to compensation at the per search conducted under this section by resent health insurance issuers and at least diem equivalent of the rate provided for level health care decision makers; and 1 member shall represent employers who IV of the Executive Schedule under section ‘‘(II) the effect of the Institute and such self-insure employee benefits. 5315 of title 5, United States Code. activities on innovation and on the health ‘‘(v) 3 members representing pharma- ‘‘(B) TRAVEL EXPENSES.—While away from economy of the United States. ceutical, device, and diagnostic manufactur- home or regular place of business in the per- ‘‘(B) REPORTS.—Not later than 5 years after ers or developers. formance of duties for the Board, each mem- the date of enactment of this section, and ‘‘(vi) 1 member representing nonprofit or- ber of the Board may receive reasonable not less frequently than every 5 years there- ganizations involved in health services re- travel, subsistence, and other necessary ex- after, the Comptroller General of the United search. penses. States shall submit a report to Congress con- ‘‘(vii) 1 member representing organizations ‘‘(6) DIRECTOR AND STAFF; EXPERTS AND taining the results of the review conducted that focus on quality measurement and im- CONSULTANTS.—The Board may— under subparagraph (A), together with rec- provement or decision support. ‘‘(A) employ and fix the compensation of ommendations for such legislation and ad- ‘‘(viii) 1 member representing independent an executive director and such other per- ministrative action as the Comptroller Gen- health services researchers. sonnel as may be necessary to carry out the eral determines appropriate. ‘‘(2) QUALIFICATIONS.— duties of the Institute; ‘‘(2) FUNDING ASSESSMENT.—

VerDate Nov 24 2008 01:32 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JN6.051 S09JNPT1 jbell on PROD1PC69 with SENATE S6376 CONGRESSIONAL RECORD — SENATE June 9, 2009

‘‘(A) IN GENERAL.—The Comptroller Gen- website of the Institute, and through other ceived by an individual entitled to, or en- eral of the United States shall assess the forums and media the Institute determines rolled for, benefits under title XVIII, XIX, or adequacy and use of funding for the Institute appropriate, the following: XXI in the case where such individual is par- and activities conducted under this section ‘‘(A) The process and methods for the con- ticipating in a clinical trial and such costs under the PCORTF under section 9511 of the duct of research under this section, includ- would otherwise be covered under such title Internal Revenue Code of 1986. Such assess- ing— with respect to the beneficiary. ment shall include a determination as to ‘‘(i) the identity of the entity conducting ‘‘(2) REPORTS AND FINDINGS.—None of the whether, based on the utilization of findings such research; reports submitted under this section or re- by public and private payers, each of the fol- ‘‘(ii) any links the entity has to industry search findings disseminated by the Institute lowing are appropriate sources of funding for (including such links that are not directly shall be construed as mandates, guidelines, the Institute, including a determination of tied to the particular research being con- or recommendations for payment, coverage, whether such sources of funding should be ducted under this section); or treatment. continued or adjusted, or whether other ‘‘(iii) draft study designs (including re- ‘‘LIMITATIONS ON USE OF COMPARATIVE sources of funding not described in clauses (i) search questions and the finalized study de- EFFECTIVENESS RESEARCH BY THE SECRETARY through (iii) would be appropriate: sign, together with public comments on such ‘‘SEC. 1182. The Secretary may only use ‘‘(i) The transfer of funds from the Federal study design and responses to such com- evidence and findings from comparative ef- Hospital Insurance Trust Fund under section ments); fectiveness research conducted under section 1817 and the Federal Supplementary Medical ‘‘(iv) research protocols (including meas- 1181 to make a determination regarding cov- Insurance Trust Fund under section 1841 to ures taken, methods of research, methods of erage under title XVIII if such use is through the PCORTF under section 1183. analysis, research results, and such other in- an iterative and transparent process which ‘‘(ii) The amounts appropriated under sub- formation as the Institute determines appro- meets the following requirements: paragraphs (A), (B), (C), (D)(ii), and (E)(ii) of priate) with respect to each medical treat- ‘‘(1) Stakeholders and other individuals subsection (b)(1) of such section 9511. ment, service, and item described in sub- have the opportunity to provide informed ‘‘(iii) Private sector contributions under section (a)(2)(B); and relevant information with respect to the subparagraphs (D)(i) and (E)(i) of such sub- ‘‘(v) any key decisions made by the Insti- determination. section (b)(1). tute and any appropriate committees of the ‘‘(2) Stakeholders and other individuals ‘‘(B) REPORT.—Not later than 8 years after Institute; have the opportunity to review draft pro- the date of enactment of this section, the ‘‘(vi) the identity of investigators con- posals of the determination and submit pub- Comptroller General of the United States ducting such research and any conflicts of lic comments with respect to such draft pro- shall submit a report to Congress containing interest of such investigators; and posals. the results of the assessment conducted ‘‘(vii) any progress reports the Institute ‘‘(3) In making the determination, the Sec- under subparagraph (A), together with rec- determines appropriate. retary considers— ommendations for such legislation and ad- ‘‘(B) Notice of each of the public comment ‘‘(A) all other relevant evidence, studies, ministrative action as the Comptroller Gen- periods under paragraph (1)(A), including and research in addition to such comparative eral determines appropriate. deadlines for public comments for such peri- effectiveness research; and ‘‘(i) ENSURING TRANSPARENCY, CREDIBILITY, ods. ‘‘(B) evidence and research that dem- AND ACCESS.—The Institute shall establish ‘‘(C) Public comments submitted during onstrates or suggests a benefit of coverage procedures to ensure that the following re- each of the public comment periods under with respect to a specific subpopulation of quirements for ensuring transparency, credi- paragraph (1)(A), including such public com- individuals, even if the evidence and findings bility, and access are met: ments submitted on draft findings under from the comparative effectiveness research ‘‘(1) PUBLIC COMMENT PERIODS.— clause (iii) of such paragraph. demonstrates or suggests that, on average, ‘‘(A) IN GENERAL.—The Institute shall pro- ‘‘(D) Bylaws, processes, and proceedings of with respect to the general population the vide for a public comment period of not less the Institute, to the extent practicable and benefits of coverage do not exceed the harm. than 45 and not more than 60 days at the fol- as the Institute determines appropriate. ‘‘TRUST FUND TRANSFERS TO PATIENT- lowing times: ‘‘(E) Not later than 90 days after receipt by CENTERED OUTCOMES RESEARCH TRUST FUND ‘‘(i) Prior to the adoption of the national the Institute of a relevant report or research ‘‘SEC. 1183. (a) IN GENERAL.—The Secretary priorities identified under subsection findings, appropriate information contained shall provide for the transfer, from the Fed- (d)(1)(A), the research project agenda estab- in such report or findings. eral Hospital Insurance Trust Fund under lished under subsection (d)(1)(B), the meth- ‘‘(4) CONFLICTS OF INTEREST.—The Institute section 1817 and the Federal Supplementary odological standards developed and updated shall— Medical Insurance Trust Fund under section by the methodology committee under sub- ‘‘(A) in appointing members to an expert section (d)(7)(C)(i), the peer-review process 1841, in proportion (as estimated by the Sec- advisory panel under subsection (d)(5) and retary) to the total expenditures during such generally provided under subsection (d)(8), the methodology committee under sub- and dissemination protocols and strategies fiscal year that are made under title XVIII section (d)(7), and in selecting individuals to from the respective trust fund, to the Pa- developed by the Institute under subsection contribute to any peer-review process under tient-Centered Outcomes Research Trust (d)(9)(B) in accordance with subsection subsection (d)(8) and for employment as ex- Fund (referred to in this section as the (d)(10). ecutive staff of the Institute, take into con- ‘PCORTF’) under section 9511 of the Internal ‘‘(ii) Prior to the finalization of individual sideration any conflicts of interest of poten- Revenue Code of 1986, the following: study designs. tial appointees, participants, and staff; and ‘‘(1) For fiscal year 2013, an amount equal ‘‘(iii) After the release of draft findings ‘‘(B) include a description of any such con- to $1 multiplied by the average number of in- with respect to a systematic review and as- flicts of interest and conflicts of interest of dividuals entitled to benefits under part A, sessment of existing research and evidence Board members in the annual report under or enrolled under part B, of title XVIII dur- under subsection (d)(2)(A)(i). subsection (d)(12), except that, in the case of ing such fiscal year. ‘‘(B) TRANSMISSION OF PUBLIC COMMENTS ON individuals contributing to any such peer re- ‘‘(2) For each of fiscal years 2014, 2015, 2016, STUDY DESIGN.—The Institute shall transmit view process, such description shall be in a 2017, 2018, and 2019, an amount equal to $2 public comments submitted during the pub- manner such that those individuals cannot multiplied by the average number of individ- lic comment period described in subpara- be identified with a particular research uals entitled to benefits under part A, or en- graph (A)(ii) to the entity conducting re- project. rolled under part B, of title XVIII during search with respect to which the individual ‘‘(j) RULES.— such fiscal year. study design is being finalized. ‘‘(1) GIFTS.—The Institute, or the Board ‘‘(b) ADJUSTMENTS FOR INCREASES IN ‘‘(2) ADDITIONAL FORUMS.—The Institute and staff of the Institute acting on behalf of HEALTH CARE SPENDING.—In the case of any shall, in addition to the public comment pe- the Institute, may not accept gifts, be- fiscal year beginning after September 30, riods described in paragraph (1)(A), support queaths, or donations of services or property. 2014, the dollar amount in effect under sub- forums to increase public awareness and ob- ‘‘(2) ESTABLISHMENT AND PROHIBITION ON AC- section (a)(2) for such fiscal year shall be tain and incorporate public input and feed- CEPTING OUTSIDE FUNDING OR CONTRIBU- equal to the sum of such dollar amount for back through media (such as an Internet TIONS.—The Institute may not— the previous fiscal year (determined after website) on the following: ‘‘(A) establish a corporation other than as the application of this subsection), plus an ‘‘(A) The identification of research prior- provided under this section; or amount equal to the product of— ities, including research topics, and the es- ‘‘(B) accept any funds or contributions ‘‘(1) such dollar amount for the previous tablishment of the research project agenda other than as provided under this part. fiscal year, multiplied by under subparagraphs (A) and (B), respec- ‘‘(k) RULES OF CONSTRUCTION.— ‘‘(2) the percentage increase in the pro- tively, of subsection (d)(1). ‘‘(1) COVERAGE.—Nothing in this section jected per capita amount of National Health ‘‘(B) Research findings. shall be construed— Expenditures from the calendar year in ‘‘(C) Any other duties, activities, or proc- ‘‘(A) to permit the Institute to mandate which the previous fiscal year ends to the esses the Institute determines appropriate. coverage, reimbursement, or other policies calendar year in which the fiscal year in- ‘‘(3) PUBLIC AVAILABILITY.—The Institute for any public or private payer; or volved ends, as most recently published by shall make available to the public and dis- ‘‘(B) as preventing the Secretary from cov- the Secretary before the beginning of the fis- close through the official public Internet ering the routine costs of clinical care re- cal year.’’.

VerDate Nov 24 2008 01:32 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JN6.052 S09JNPT1 jbell on PROD1PC69 with SENATE June 9, 2009 CONGRESSIONAL RECORD — SENATE S6377

(b) COORDINATION WITH PROVIDER EDU- indirectly seeks to waive the application of health coverage to residents of the United CATION AND TECHNICAL ASSISTANCE.—Section this paragraph. States, regardless of how such coverage is 1889(a) of the Social Security Act (42 U.S.C. ‘‘(c) TRUSTEE.—The Secretary of Health provided or arranged to be provided. 1395zz(a)) is amended by inserting ‘‘and to and Human Services shall be a trustee of the ‘‘(d) ADJUSTMENTS FOR INCREASES IN enhance the understanding of and utilization PCORTF. HEALTH CARE SPENDING.—In the case of any by providers of services and suppliers of re- ‘‘(d) EXPENDITURES FROM FUND.—Amounts policy year ending in any fiscal year begin- search findings disseminated by the Patient- in the PCORTF are available, without fur- ning after September 30, 2014, the dollar Centered Outcomes Research Institute estab- ther appropriation, to the Patient-Centered amount in effect under subsection (a) for lished under section 1181’’ before the period Outcomes Research Institute established by such policy year shall be equal to the sum of at the end. section 2(a) of the Patient-Centered Out- such dollar amount for policy years ending (c) PATIENT-CENTERED OUTCOMES RESEARCH comes Research Act of 2009 for carrying out in the previous fiscal year (determined after TRUST FUND; FINANCING FOR TRUST FUND.— part D of title XI of the Social Security Act the application of this subsection), plus an (1) ESTABLISHMENT OF TRUST FUND.— (as in effect on the date of enactment of the amount equal to the product of— (A) IN GENERAL.—Subchapter A of chapter Patient-Centered Outcomes Research Act of ‘‘(1) such dollar amount for policy years 98 of the Internal Revenue Code of 1986 (re- 2009). ending in the previous fiscal year, multiplied lating to establishment of trust funds) is ‘‘(e) NET REVENUES.—For purposes of this by amended by adding at the end the following section, the term ‘net revenues’ means the ‘‘(2) the percentage increase in the pro- new section: amount estimated by the Secretary of the jected per capita amount of National Health ‘‘SEC. 9511. PATIENT-CENTERED OUTCOMES RE- Treasury based on the excess of— Expenditures from the calendar year in SEARCH TRUST FUND. ‘‘(1) the fees received in the Treasury under which the previous fiscal year ends to the ‘‘(a) CREATION OF TRUST FUND.—There is subchapter B of chapter 34, over calendar year in which the fiscal year in- established in the Treasury of the United volved ends, as most recently published by States a trust fund to be known as the ‘Pa- ‘‘(2) the decrease in the tax imposed by the Secretary of Health and Human Services tient-Centered Outcomes Research Trust chapter 1 resulting from the fees imposed by Fund’ (hereafter in this section referred to as such subchapter. before the beginning of the fiscal year. ‘‘(e) TERMINATION.—This section shall not the ‘PCORTF’), consisting of such amounts ‘‘(f) TERMINATION.—No amounts shall be apply to policy years ending after September as may be appropriated or credited to such available for expenditure from the PCORTF Trust Fund as provided in this section and after September 30, 2019, and any amounts in 30, 2019. section 9602(b). such Trust Fund after such date shall be ‘‘SEC. 4376. SELF-INSURED HEALTH PLANS. ‘‘(b) TRANSFERS TO FUND.— transferred to the general fund of the Treas- ‘‘(a) IMPOSITION OF FEE.—In the case of any ‘‘(1) APPROPRIATION.—There are hereby ap- ury.’’. applicable self-insured health plan for each propriated to the Trust Fund the following: (B) CLERICAL AMENDMENT.—The table of plan year ending after September 30, 2012, ‘‘(A) For fiscal year 2010, $10,000,000. sections for subchapter A of chapter 98 of there is hereby imposed a fee equal to $2 ($1 ‘‘(B) For fiscal year 2011, $50,000,000. such Code is amended by adding at the end in the case of plan years ending during fiscal ‘‘(C) For fiscal year 2012, $150,000,000. the following new item: year 2013) multiplied by the average number ‘‘(D) For fiscal year 2013— ‘‘Sec. 9511. Patient-Centered Outcomes Re- of lives covered under the plan. ‘‘(i) an amount equivalent to the net reve- search Trust Fund.’’. ‘‘(b) LIABILITY FOR FEE.— nues received in the Treasury from the fees ‘‘(1) IN GENERAL.—The fee imposed by sub- (2) FINANCING FOR FUND FROM FEES ON IN- imposed under subchapter B of chapter 34 section (a) shall be paid by the plan sponsor. SURED AND SELF-INSURED HEALTH PLANS.— (relating to fees on health insurance and ‘‘(2) PLAN SPONSOR.—For purposes of para- (A) GENERAL RULE.—Chapter 34 of the In- self-insured plans) for such fiscal year; and graph (1) the term ‘plan sponsor’ means— ternal Revenue Code of 1986 is amended by ‘‘(ii) $150,000,000. ‘‘(A) the employer in the case of a plan es- adding at the end the following new sub- tablished or maintained by a single em- ‘‘(E) For each of fiscal years 2014, 2015, 2016, chapter: 2017, 2018, and 2019— ployer, ‘‘Subchapter B—Insured and Self-Insured ‘‘(i) an amount equivalent to the net reve- ‘‘(B) the employee organization in the case Health Plans nues received in the Treasury from the fees of a plan established or maintained by an imposed under subchapter B of chapter 34 ‘‘Sec. 4375. Health insurance. employee organization, (relating to fees on health insurance and ‘‘Sec. 4376. Self-insured health plans. ‘‘(C) in the case of— self-insured plans) for such fiscal year; and ‘‘Sec. 4377. Definitions and special rules. ‘‘(i) a plan established or maintained by 2 ‘‘(ii) $150,000,000. ‘‘SEC. 4375. HEALTH INSURANCE. or more employers or jointly by 1 or more The amounts appropriated under subpara- ‘‘(a) IMPOSITION OF FEE.—There is hereby employers and 1 or more employee organiza- graphs (A), (B), (C), (D)(ii), and (E)(ii) shall imposed on each specified health insurance tions, be transferred from the general fund of the policy for each policy year ending after Sep- ‘‘(ii) a multiple employer welfare arrange- Treasury, from funds not otherwise appro- tember 30, 2012, a fee equal to the product of ment, or priated. $2 ($1 in the case of policy years ending dur- ‘‘(iii) a voluntary employees’ beneficiary ‘‘(2) TRUST FUND TRANSFERS.—In addition ing fiscal year 2013) multiplied by the aver- association described in section 501(c)(9), to the amounts appropriated under para- age number of lives covered under the policy. the association, committee, joint board of graph (1), there shall be credited to the ‘‘(b) LIABILITY FOR FEE.—The fee imposed trustees, or other similar group of represent- PCORTF the amounts transferred under sec- by subsection (a) shall be paid by the issuer atives of the parties who establish or main- tion 1183 of the Social Security Act. of the policy. tain the plan, or ‘‘(3) AMERICAN RECOVERY AND REINVEST- ‘‘(c) SPECIFIED HEALTH INSURANCE POL- ‘‘(D) the cooperative or association de- MENT FUNDS.—In addition to the amounts ap- ICY.—For purposes of this section: scribed in subsection (c)(2)(F) in the case of propriated under paragraph (1) and the ‘‘(1) IN GENERAL.—Except as otherwise pro- a plan established or maintained by such a amounts credited under paragraph (2), of vided in this section, the term ‘specified cooperative or association. amounts appropriated for comparative effec- health insurance policy’ means any accident ‘‘(c) APPLICABLE SELF-INSURED HEALTH tiveness research to be allocated at the dis- or health insurance policy (including a pol- PLAN.—For purposes of this section, the cretion of the Secretary of Health and icy under a group health plan) issued with term ‘applicable self-insured health plan’ Human Services under the heading Agency respect to individuals residing in the United means any plan for providing accident or for Healthcare Research and Quality under States. health coverage if— the heading Department of Health and ‘‘(2) EXEMPTION FOR CERTAIN POLICIES.—The ‘‘(1) any portion of such coverage is pro- Human Services under title VIII of Division term ‘specified health insurance policy’ does vided other than through an insurance pol- A of the American Recovery and Reinvest- not include any insurance if substantially all icy, and ment Act of 2009 (Public Law 111–5), of its coverage is of excepted benefits de- ‘‘(2) such plan is established or main- $10,000,000 shall be transferred to the Trust scribed in section 9832(c). tained— Fund. ‘‘(3) TREATMENT OF PREPAID HEALTH COV- ‘‘(A) by one or more employers for the ben- ‘‘(4) LIMITATION ON TRANSFERS TO PCORTF.— ERAGE ARRANGEMENTS.— efit of their employees or former employees, No amount may be appropriated or trans- ‘‘(A) IN GENERAL.—In the case of any ar- ‘‘(B) by one or more employee organiza- ferred to the PCORTF on and after the date rangement described in subparagraph (B)— tions for the benefit of their members or of any expenditure from the PCORTF which ‘‘(i) such arrangement shall be treated as a former members, is not an expenditure permitted under this specified health insurance policy, and ‘‘(C) jointly by 1 or more employers and 1 section. The determination of whether an ex- ‘‘(ii) the person referred to in such sub- or more employee organizations for the ben- penditure is so permitted shall be made with- paragraph shall be treated as the issuer. efit of employees or former employees, out regard to— ‘‘(B) DESCRIPTION OF ARRANGEMENTS.—An ‘‘(D) by a voluntary employees’ beneficiary ‘‘(A) any provision of law which is not con- arrangement is described in this subpara- association described in section 501(c)(9), tained or referenced in this chapter or in a graph if under such arrangement fixed pay- ‘‘(E) by any organization described in sec- revenue Act, and ments or premiums are received as consider- tion 501(c)(6), or ‘‘(B) whether such provision of law is a ation for any person’s agreement to provide ‘‘(F) in the case of a plan not described in subsequently enacted provision or directly or or arrange for the provision of accident or the preceding subparagraphs, by a multiple

VerDate Nov 24 2008 01:32 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JN6.052 S09JNPT1 jbell on PROD1PC69 with SENATE S6378 CONGRESSIONAL RECORD — SENATE June 9, 2009

employer welfare arrangement (as defined in ‘‘(d) NO COVER OVER TO POSSESSIONS.—Not- care program under title XVIII of the Social section 3(40) of Employee Retirement Income withstanding any other provision of law, no Security Act. Such report shall include a de- Security Act of 1974), a rural electric cooper- amount collected under this subchapter shall termination whether, in initiating and con- ative (as defined in section 3(40)(B)(iv) of be covered over to any possession of the ducting such process, the Secretary of such Act), or a rural telephone cooperative United States.’’. Health and Human Services has complied association (as defined in section 3(40)(B)(v) (B) CLERICAL AMENDMENTS.— with applicable law and regulations, includ- of such Act). (i) Chapter 34 of such Code is amended by ing requirements for consultation with ap- ‘‘(d) ADJUSTMENTS FOR INCREASES IN striking the chapter heading and inserting propriate outside experts, providing appro- HEALTH CARE SPENDING.—In the case of any the following: priate notice and comment opportunities to plan year ending in any fiscal year beginning ‘‘CHAPTER 34—TAXES ON CERTAIN the public, and making information and data after September 30, 2014, the dollar amount INSURANCE POLICIES (other than proprietary data) considered in in effect under subsection (a) for such plan making such determinations available to the ‘‘SUBCHAPTER A. POLICIES ISSUED BY FOREIGN year shall be equal to the sum of such dollar public and to nonvoting members of any ad- INSURERS amount for plan years ending in the previous visory committees established to advise the fiscal year (determined after the application ‘‘SUBCHAPTER B. INSURED AND SELF-INSURED Secretary with respect to such determina- of this subsection), plus an amount equal to HEALTH PLANS tions. the product of— ‘‘Subchapter A—Policies Issued By Foreign Mr. CONRAD. Mr. President, today I ‘‘(1) such dollar amount for plan years end- Insurers’’. join my good friend and colleague, Sen- ing in the previous fiscal year, multiplied by (ii) The table of chapters for subtitle D of ator BAUCUS, in introducing the Pa- ‘‘(2) the percentage increase in the pro- such Code is amended by striking the item tient-Centered Outcomes Research Act jected per capita amount of National Health relating to chapter 34 and inserting the fol- of 2009. This proposal builds on the leg- Expenditures from the calendar year in lowing new item: which the previous fiscal year ends to the islation we introduced during the last ‘‘CHAPTER 34—TAXES ON CERTAIN INSURANCE Congress. Our legislation is the product calendar year in which the fiscal year in- POLICIES’’. volved ends, as most recently published by of months of careful deliberations re- SEC. 3. COORDINATION WITH FEDERAL COORDI- the Secretary of Health and Human Services NATING COUNCIL FOR COMPARA- garding the best way to expand the before the beginning of the fiscal year. TIVE EFFECTIVENESS RESEARCH. quality and quantity of evidence avail- ‘‘(e) TERMINATION.—This section shall not Section 804 of Division A of the American able to patients, physicians, and other apply to plan years ending after September Recovery and Reinvestment Act of 2009 (42 health care decision-makers about the 30, 2019. U.S.C. 299b–8) is amended— comparative clinical effectiveness of ‘‘SEC. 4377. DEFINITIONS AND SPECIAL RULES. (1) in subsection (c)— health care services and treatments. ‘‘(a) DEFINITIONS.—For purposes of this (A) in paragraph (1), by striking ‘‘and’’ at We have met with dozens of key stake- subchapter— the end; holders and thought leaders to discuss ‘‘(1) ACCIDENT AND HEALTH COVERAGE.—The (B) in paragraph (2), by striking the period term ‘accident and health coverage’ means at the end and inserting ‘‘; and’’; and various aspects of this legislation. Peo- any coverage which, if provided by an insur- (C) by adding at the end the following new ple have come to us with many con- ance policy, would cause such policy to be a paragraph: structive suggestions, many of which specified health insurance policy (as defined ‘‘(3) provide support to the Patient-Cen- are reflected in the bill that we are in- in section 4375(c)). tered Outcomes Research Institute estab- troducing today. I am proud of the re- ‘‘(2) INSURANCE POLICY.—The term ‘insur- lished under section 1181(b)(1) of the Social sult. This legislation lays the ground- ance policy’ means any policy or other in- Security Act (referred to in this section as work for improving health care quality strument whereby a contract of insurance is the ‘Institute’).’’; and patient outcomes, enhancing pa- issued, renewed, or extended. (2) in subsection (d)(2)— tient safety, and reducing overall ‘‘(3) UNITED STATES.—The term ‘United (A) by redesignating subparagraph (B) as States’ includes any possession of the United subparagraph (C); and health care costs in the long run. States. (B) by inserting after subparagraph (A) the As Chairman of the Senate Budget ‘‘(b) TREATMENT OF GOVERNMENTAL ENTI- following new subparagraph: Committee, I am acutely aware of the TIES.— ‘‘(B) INCLUSION OF CHAIRPERSON OF THE long-term budget challenges facing our ‘‘(1) IN GENERAL.—For purposes of this sub- BOARD OF GOVERNORS OF THE PATIENT-CEN- Nation. Health care spending is grow- chapter— TERED OUTCOMES RESEARCH INSTITUTE.—In ing at an unsustainable rate. Although ‘‘(A) the term ‘person’ includes any govern- the case where the Chairperson of the Board demographic changes associated with mental entity, and of Governors of the Patient-Centered Out- the retirement of the baby boom gen- ‘‘(B) notwithstanding any other law or rule comes Research Institute established under eration contribute to this spending of law, governmental entities shall not be ex- section 1181(f) of the Social Security Act is a empt from the fees imposed by this sub- senior Federal officer or employee with re- growth, the most significant factor is chapter except as provided in paragraph (2). sponsibility for a health-related program, growth in health care costs in excess of ‘‘(2) TREATMENT OF EXEMPT GOVERNMENTAL the members of the council shall include per capita GDP growth. According to PROGRAMS.—In the case of an exempt govern- such Chairperson.’’. Congressional Budget Office projec- mental program, no fee shall be imposed (3) in subsection (e)(2), by striking ‘‘regard- tions, by 2050, Medicare and Medicaid under section 4375 or section 4376 on any cov- ing its activities’’ and all that follows spending alone will consume 12 percent ered life under such program. through the period at the end and inserting of our Nation’s gross domestic product. ‘‘(3) EXEMPT GOVERNMENTAL PROGRAM DE- ‘‘containing— But excess growth in per capita FINED.—For purposes of this subchapter, the ‘‘(A) an inventory of its activities with re- health care costs is not just a chal- term ‘exempt governmental program’ spect to comparative effectiveness research means— conducted by relevant Federal departments lenge for Federal health spending and ‘‘(A) any insurance program established and agencies; and the Federal budget. If we continue on under title XVIII of the Social Security Act, ‘‘(B) recommendations concerning better the current trajectory, the private sec- ‘‘(B) the medical assistance program estab- coordination of comparative effectiveness re- tor will also be overwhelmed by rising lished by title XIX or XXI of the Social Se- search by such departments and agencies.’’; health care costs. In fact, total health curity Act, (4) by redesignating subsection (g) as sub- care spending is projected to grow from ‘‘(C) any program established by Federal section (h); and about 17.6 percent of GDP in 2009— law for providing medical care (other than (5) by inserting after subsection (f) the fol- which is far higher than in other indus- through insurance policies) to individuals (or lowing new subsection: the spouses and dependents thereof) by rea- ‘‘(g) COORDINATION WITH THE PATIENT-CEN- trialized countries—to more than 37 son of such individuals being— TERED OUTCOMES RESEARCH INSTITUTE.—The percent of GDP in 2050. ‘‘(i) members of the Armed Forces of the Council shall coordinate with the Institute Clearly, we need to address the un- United States, or in carrying out its duties under this sec- derlying causes of rising health care ‘‘(ii) veterans, and tion.’’. costs, not just in the Medicare and ‘‘(D) any program established by Federal SEC. 4. GAO REPORT ON NATIONAL COVERAGE Medicaid programs, but in the overall law for providing medical care (other than DETERMINATIONS PROCESS. health care system. Simply cutting through insurance policies) to members of Not later than 18 months after the date of Medicare and Medicaid without mak- Indian tribes (as defined in section 4(d) of the enactment of this Act, the Comptroller Gen- ing other changes will do little to solve Indian Health Care Improvement Act). eral of the United States shall submit a re- ‘‘(c) TREATMENT AS TAX.—For purposes of port to Congress on the process for making the larger problem we face. Sky- subtitle F, the fees imposed by this sub- national coverage determinations (as defined rocketing health care costs are hurting chapter shall be treated as if they were in section 1869(f)(1)(B) of the Social Security families, businesses, and State and taxes. Act (42 U.S.C. 1395ff(f)(1)(B)) under the Medi- Federal budgets. In a speech before the

VerDate Nov 24 2008 01:52 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JN6.052 S09JNPT1 jbell on PROD1PC69 with SENATE June 9, 2009 CONGRESSIONAL RECORD — SENATE S6379 Business Roundtable on March 12th, The Federal Government currently tion’s Need for Evidence on Compara- President Obama emphasized this funds some comparative effectiveness tive Effectiveness in Health Care,’’ the point: ‘‘Medicare costs are consuming research through the Agency for Institute concluded that, ‘‘[a] substan- our Federal budget. Medicaid is over- Healthcare Research and Quality, tially increased capacity to conduct whelming our State budgets. At the fis- AHRQ, the National Institutes of and evaluate research on clinical effec- cal summit we held in the White House Health, NIH, and the Veterans Health tiveness of interventions brings many a few weeks ago, the one thing on Administration. For example, the Ef- potential opportunities for improve- which everyone agreed was that the fective Health Care Program at AHRQ ment across a wide spectrum of greatest threat to America’s fiscal has been a successful initiative. But healthcare needs.’’ health is not the investments we’ve comparative effectiveness research is This bill that Senator BAUCUS and I made to rescue our economy. It is the not the primary focus of any Federal are introducing today represents an skyrocketing cost of our health care agency—nor is this Federal funding oc- important step in creating a long-term system.’’ curring permanently on a large scale. vision for expanding comparative clin- Health care reform is about achiev- Provisions included in the American ical effectiveness research. The bill ing three important goals: choice, qual- Recovery and Reinvestment Act, would significantly expand the conduct ity, and affordability. To achieve these ARRA, temporarily expanded existing of comparative clinical effectiveness three goals, we must confront the fact Federal efforts by providing $1.1 billion research to get better information into that our health care system does not to AHRQ, NIH, and the Secretary of the hands of patients and providers in deliver care as effectively or efficiently Health and Human Services, HHS, for the hopes of improving health out- as it should. There is widespread agree- such research through 2010. Important comes and reducing unnecessary or in- ment that Americans are not getting work is currently underway to develop effective care. good value for the money we are al- recommendations for how best to uti- The purpose of this bill is to provide ready spending on health care. Accord- lize some of these resources. In par- patients and physicians with objective ing to work by the Dartmouth Atlas ticular, I would like to commend the and credible evidence about which Project, nearly 30 percent of total work being done by the Institutes of health care treatments and services are spending in our health care system, or Medicine, IOM, to convene a panel of most clinically effective for particular $700 billion per year, is wasteful and experts that is tasked with making rec- patient populations. The research con- does nothing to improve health out- ommendations on how to spend the $400 ducted under our bill would evaluate comes. million provided to the HHS Secretary and compare the clinical effectiveness Despite our high level of health care through ARRA. The IOM panel has of two or more health care interven- spending, health outcomes in the been doing extraordinary work in gath- tions, protocols for treatment, care United States are no better than ering ideas and input from a very broad management, and delivery, procedures, health outcomes in the other OECD group of stakeholders under a very medical devices, diagnostic tools, and countries. Indeed, the U.S. spends tight timeline. I look forward to seeing pharmaceutical, including biologicals twice as much as other OECD nations the results of its work at the end of the Access to better evidence about what on health care, yet Americans have month. It is this model of allowing for works best will help patients and shorter average life expectancies and input from a broad set of stakeholders health care providers make better-in- higher average mortality rates than and of conducting priority-setting ac- formed decisions about how best to residents of other OECD countries. tivities in a transparent way that we treat particular diseases and condi- OECD data show that the U.S. has one are hoping to advance in the legisla- tions. Our hope is that the evidence of the highest rates of medical errors tion we are introducing today. generated by this research could lead among industrialized nations and that The Congressional Budget Office, to savings in the overall health care U.S. patients are more likely to receive CBO, the Medicare Payment Advisory system over the long-term by empow- duplicate tests and more likely to visit Commission, MedPAC, and the IOM ering patients and doctors with infor- an emergency room for a condition have all discussed the positive impact mation about treatments and services that could have been treated in a reg- of creating a new entity charged solely that may be clinically ineffective, ular office visit than most other na- with conducting research on the com- while at the same time improving tions in the comparison. Similarly, a parative effectiveness of health inter- health care outcomes and quality. 2008 Commonwealth Fund report found ventions, including pharmaceuticals, Specifically, our bill creates a pri- that the U.S. is last among 19 industri- medical devices, medical procedures, vate, nonprofit corporation, known as alized nations in preventable mor- diagnostic tools, medical services and the Patient-Centered Outcomes Re- tality, or deaths that could have been other therapies. search Institute, which would be re- prevented if individuals had access to In its June 2007 report to Congress, sponsible setting national research pri- timely and effective care. MedPAC issued a unanimous rec- orities and carrying out a comparative We can and must find ways to deliver ommendation that ‘‘Congress should clinical effectiveness research agenda. health care more efficiently, reduce in- charge an independent entity to spon- In conducting the research, the Insti- effective or unnecessary care, and get sor credible research on comparative tute would contract with AHRQ, the better health outcomes without harm- effectiveness of health care services VA, and other appropriate public and ing patients. and disseminate this information to private entities and could use a variety One solution is to generate better in- patients, providers, and public and pri- of research methods, including clinical formation about the relative clinical vate payers.’’ trials, observational studies and sys- effectiveness of alternative health And the Congressional Budget Office tematic reviews of existing evidence. strategies—and encourage patients and agrees. In a report, entitled, ‘‘Research Many leading experts on this issue, providers to use that information to on the Comparative Effectiveness of such as MedPAC, have concerns that a make better choices about their Medical Treatments: Issues and Op- large entity within the Federal govern- health. Many health care services and tions for an Expanded Federal Role,’’ ment would be vulnerable to political treatments are absorbed quickly into former CBO Director Peter Orszag interference that could hamper the In- routine medical care—yet there is lit- wrote that, ‘‘generating better infor- stitute’s credibility, and, therefore, tle evidence that these services and mation about the costs and benefits of limit the usefulness of its research. As treatments are any more clinically ef- different treatment options—through a result, we chose a model outside of fective than existing treatments and research on the comparative effective- the Federal government, but subject to services. Generating more comparative ness of those options—could help re- government oversight. clinical effectiveness research is one of duce health care spending without ad- In order to ensure that the informa- the keys to transforming our health versely affecting health overall.’’ tion developed is credible and unbiased, care system away from a system based The IOM also supports getting better our bill establishes a 21-Member Board on volume toward a system that fo- information into the hands of patients of Governors to oversee the Institute’s cuses on evidence-based medicine and and providers. As part of its report, activities. Permanent board members improving patient outcomes. ‘‘Learning What Works Best: The Na- would include the HHS Secretary and

VerDate Nov 24 2008 01:52 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JN6.029 S09JNPT1 jbell on PROD1PC69 with SENATE S6380 CONGRESSIONAL RECORD — SENATE June 9, 2009 the Directors of AHRQ and NIH. The would best ensure the entity’s stability prove health outcomes and reduce inef- remaining 18 board members would be . . .’’ fective and inefficient care. appointed by the Comptroller General To ensure accountability for these Senator BAUCUS and I will work of the U.S. and would include a bal- funds and to the Institute’s mission, jointly to push for the expeditious en- anced mix of patients, physicians, pub- our bill requires an annual financial actment of this bill as part of a com- lic and private payers, academic re- audit of the Institute. In addition, the prehensive health reform bill. I urge all searchers, philanthropic organizations, bill requires GAO to report to Congress of my colleagues to join our effort and quality improvement entities, and every five years on the processes devel- cosponsor the Patient-Centered Out- medical technology manufacturers. oped by the Institute and its overall ef- comes Research Act of 2009. There is no To ensure further credibility, the In- fectiveness, including how the research time to waste. stitute is also required to appoint ex- findings are used by health care con- pert advisory panels of patients, clini- sumers and what impact the research By Mr. LIEBERMAN (for himself, cians, researchers and other stake- is having on the health economy. Fi- Mr. CASEY, Mr. BOND, Ms. holders that would assist in the devel- nally, the bill requires a review of the STABENOW, Mr. CARDIN, Mr. opment and carrying out of the re- adequacy of the Institute’s funding, SANDERS, Mr. WHITEHOUSE, and search agenda; establish a methodology which will include a review of the ap- Mr. CRAPO): committee that would help create propriateness and adequacy of each S. 1214. A bill to conserve fish and methodological standards by which all funding source. aquatic communities in the United research commissioned by the Institute Let me take a moment to address States through partnerships that foster must be conducted; create a peer re- some of the criticisms that might be fish habitat conservation, to improve view process through which all primary levied against this proposal. Some may the quality of life for the people of the research findings must be assessed; and say this Institute will impede access to United States, and for other purposes; develop protocols to help translate and care and will deny coverage for high- to the Committee on Environment and disseminate the evidence in the most cost health care services. That is sim- Public Works. effective, user-friendly way. ply not the case. Our proposal explic- Mr. LIEBERMAN. Mr. President, I Moreover, Senator BAUCUS and I itly prohibits the Institute from mak- rise to speak about the National Fish want to ensure that the operations of ing coverage decisions or setting prac- Habitat Conservation Act, which I am the Institute are transparent and fo- tice guidelines. It will be up to medical introducing today along with my col- cused on the needs of patients. There- societies and patient groups to use the leagues Senators BOND, CASEY, fore, we built in a strong role for public research findings as they see fit. More- STABENOW, CARDIN, WHITEHOUSE, and comment prior to all key decisions over, to the extent that high-cost SANDERS. This legislation will signifi- made by the Institute. For example, health care services or new tech- cantly advance ongoing efforts to re- the bill requires public comment peri- nologies are studied by the Institute store and protect fish habitat, improve ods prior to the approval of research and found to be clinically ineffective the health of our waterways and ensure priorities and individual study designs. compared to other services and tech- that we have robust fish populations In addition, the bill calls for public fo- nologies, such evidence will be made far into the future. rums to seek input, requires that all public to consumers and providers so Today, nearly half of our fish popu- proceedings of the Institute be made that they can make informed choices. lations are in decline and half of our public at least seven days in advance We have been working with col- waters are impaired, which is why it is and be made available through annual leagues on the other side of the aisle especially important that we work to- reports, and requires that any conflicts who have concerns about the impact gether to protect and restore remain- of interest be made public and that this research could have on patient ing habitat. The National Fish Habitat board members recuse themselves from safety and access to health care treat- Conservation Act will leverage federal, matters in which they have a financial ments and services. For several state and private funds to support vol- or personal interest. months, we have been engaged in an untary regional conservation partner- Because all health care users will active dialogue to address these con- ships, which in turn will allow federal benefit from this research, our legisla- cerns. While I am disappointed that and state governments, the rec- tion funds the Institute with contribu- those discussions did not result in co- reational and commercial fishing in- tions from both public and private pay- sponsorships for this legislation at this dustries, the conservation community, ers. These contributions will include time, I look forward to continuing that and businesses to work together—for mandatory general revenues from the dialogue in a constructive manner as the first time—to effectively conserve Federal Government, amounts from we work to include a long-term vision aquatic habitats. the Medicare Trust Funds equal to $2 for comparative effectiveness research Our legislation authorizes $75 million per beneficiary annually, and amounts in a comprehensive health reform bill. annually for fish habitat projects. from a $2 fee per-covered life assessed In the meantime, we have made a Based on the highly successful North annually on insured and self-insured number of meaningful changes to our American Wetlands Conservation Act health plans. Funding will ramp up legislation that address the concerns model, the bill establishes a multi- over a series of years. By the 5th year, voiced by our colleagues. For example, stakeholder National Fish Habitat we expect the Institute’s total annual we have placed a greater focus on as- Board to recommend science-based funding to reach nearly $600 million per pects of personalized medicine and in- conservation projects to the Secretary year and continue to grow thereafter. cluded new patient safeguards to en- of Interior for funding. Regional part- The concept of an all-payer approach sure that when CMS uses this research ners will then work to implement those for comparative effectiveness research it does so through a process that is conservation projects to protect, re- has been embraced by a number of transparent, allows for public com- store and enhance fish habitats and health care experts. For example, on ment, and takes into account the bene- fish populations. the subject of comparative effective- fits to particular subpopulations. The National Fish Habitat Conserva- ness information in its June 2008 re- This bill is a balanced, carefully tion Act will go a long way toward en- port, MedPAC stated: ‘‘The Commis- crafted proposal that has taken into suring the viability of our fish and sion supports funding from federal and consideration the recommendations of their habitats for generations to come. private sources as the research findings a broad range of stakeholders and I look forward to working with my col- will benefit all users—patients, pro- thought-leaders. We welcome further leagues to pass this important legisla- viders, private health plans, and fed- discussion and suggested improve- tion and reverse the decline of our ail- eral health programs. The Commission ments. But we refuse to allow this pro- ing waterways and fisheries. also supports a dedicated funding posal to get bogged down in political mechanism to help ensure the entity’s maneuvering or scare tactics. Our na- By Mr. CASEY (for himself and independence and stability. Dedicated tion needs to immediately ramp up and Mr. SCHUMER): broadly based financing would reduce sustain a major comparative clinical S. 1215. A bill to amend the Safe the likelihood of outside influence and effectiveness research initiative to im- Drinking Water Act to repeal a certain

VerDate Nov 24 2008 01:52 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JN6.031 S09JNPT1 jbell on PROD1PC69 with SENATE June 9, 2009 CONGRESSIONAL RECORD — SENATE S6381 exemption for hydraulic fracturing, below underground drinking water. on Ms. Fiorentino’s property and and for other purposes; to the Com- This is especially important to Penn- tossed it aside. Fortunately, no one mittee on Environment and Public sylvania because our state has the sec- was hurt in the explosion. But through- Works. ond highest number of private wells for out the town, several drinking water Mr. CASEY. Mr. President, I rise drinking water in the nation, second wells have exploded and nine wells today to introduce the Fracturing Re- only to Michigan. Three million Penn- have been found to contain so much sponsibility and Awareness of Chemi- sylvanians are dependent on private natural gas that one homeowner was cals, FRAC, Act along with my col- wells to provide safe drinking water to advised to open a window if he plans to league, Senator SCHUMER, that protects their homes. So massive drilling to get take a bath. Tests of the well water drinking water and public health from to the natural gas in the Marcellus show high amounts of aluminum and the risks associated with an oil and gas Shale is not required to comply with iron, which leads researchers to believe extraction process called hydraulic the Safe Drinking Water Act, but drill- that drilling fluids are contaminating fracturing. Specifically, our bill does ing is happening right next to drinking the water along with the gas. So this is two things. First, it repeals an exemp- water supplies. You can see why Penn- a real concern. We are talking about tion to the Safe Drinking Water Act sylvanians are concerned about their serious implications if we don’t develop that was granted to oil and gas compa- future access to safe drinking water. the Marcellus Shale carefully and re- nies four years ago. Second, it requires Now, the oil and gas industry would sponsibly. oil and gas companies to publicly dis- have you believe that there is no I would point out that Pennsylvania close the chemicals used in hydraulic threat to drinking water from hydrau- has a long history of developing our fracturing. lic fracturing. But the fact is we are al- natural resources to power the region The regulation of hydraulic frac- ready seeing cases in Pennsylvania, and the nation. In fact, Pennsylvania is turing under the Safe Drinking Water Colorado, Virginia, West Virginia, Ala- home to the Drake Well near Act is supported by 77 groups, includ- bama, Wyoming, Ohio, Arkansas, Utah, Titusville, Pennsylvania, which cele- ing 14 groups from Pennsylvania. Texas, and New Mexico where residents brates its 150th anniversary this year. The oil and gas industry uses hydrau- have become ill or groundwater has be- The Drake Well was the first commer- lic fracturing in 90 percent of wells. come contaminated after hydraulic cial oil well in the United States and it The process, which is also called fracturing operations began in the launched the modern petroleum indus- ‘‘fracking,’’ involves injecting tens of area. This is not simply anecdotal evi- try. In addition to oil, Western Penn- thousands of gallons of water mixed dence; scientists have found enough sylvania has long produced natural gas. with sand and chemical additives deep evidence to raise concerns as well. In a Pennsylvania also mines coal which we into the rock under extremely high recent letter supporting our bill, 23 use to provide electricity to many of pressure. The pressure breaks open the health professionals and scientists our neighboring states. Pennsylvanians rock releasing trapped natural gas, wrote the following: are proud of the contributions we have which is then captured. Fracking often . . . Oil and gas operations are known to made to the growth of our nation. Con- occurs near underground sources of release substances into the environment that tributions that were made because we drinking water. Unfortunately, a provi- are known to be very hazardous to human developed our abundant natural re- sion included in the 2005 Energy Policy health, including benzene, arsenic, mercury, sources. But we also bear the burden of Act exempted hydraulic fracturing hydrogen sulfide, and radioactive materials. some environmental legacies, most cre- from compliance with the Safe Drink- The demonstrated health effects caused by ated in previous generations when we ing Water Act. The oil and gas industry these substances include cancers, central nervous system damage, skin and eye irrita- were not as concerned with responsible is the only industry to have this ex- tion, and lung diseases. For example, fluids development. We have old natural gas emption. used in the hydraulic fracturing process may wells that were not capped and leak The Casey-Schumer legislation is ex- contain toxic chemicals such as 2– methane into homes in Versailles, PA. tremely important to people living in butoxyethanol, formaldehyde, sodium hy- We have acid mine drainage that we Pennsylvania, especially those living droxide, glycol ethers, and naphthalene. For spend millions of dollars every year to in communities along a geological for- these reasons, we support regulation of hy- try and remediate. These examples are mation called the Marcellus Shale. The draulic fracturing under the Safe Drinking the lessons from which we need to Water Act and the disclosure of all chemical Marcellus is a geological formation learn. covering 34 million acres extending constituents in hydraulic fracturing fluids to public agencies, including the disclosure of Pennsylvania will develop the nat- from southern New York, through cen- constituent formulas in cases of medical ural gas in the Marcellus Shale. We are tral and western Pennsylvania, into need. Moreover, we support full regulation of doing it right now, and we will see the eastern half of Ohio and across stormwater runoff, which can pollute drink- more drilling over the next few years. most of West Virginia. The deepest ing water supplies, under the Clean Water But we must develop the Marcellus layer of the Marcellus formation—the Act. Shale using the best environmental Marcellus Shale—contains a signifi- There are growing reports of individuals practices to protect our communities living near oil and gas operations who suffer cant amount of natural gas trapped in and our state. That is why I am intro- deep rock formations up to 9,000 feet illnesses that are linked to these activities, yet there has been no systemic attempt to ducing the Fracturing Responsibility below ground. Last year, a professor at gather the necessary data, establish appro- and Awareness of Chemicals Act. This Penn State estimated that there was priate monitoring, analyze health exposure legislation will ensure that hydraulic 168 million cubic feet of natural gas in or assess risk related to any of these activi- fracturing does not unnecessarily jeop- the Marcellus Shale. In the industry it ties. This should be done, in addition to full ardize our groundwater. There are af- is what is known as a ‘‘Super Giant gas Health Impact Assessments to inform future fordable alternatives that oil and gas field.’’ It is enough natural gas to pro- planning and policy efforts. companies can use so that they are not vide for the entire country for 7 years. In Dimock, Pennsylvania, we have a risking contaminating drinking water This vast amount of natural gas com- recent example of the risks involved wells with potentially hazardous bined with a more complete knowledge with hydraulic fracturing. On New chemicals. of the natural fractures in the Year’s Day, Norma Fiorentino’s drink- I think Norma Fiorentino from Marcellus Shale through which the gas ing water well exploded. It literally Dimock, Pennsylvania, summed it up can be easily extracted, has led to what blew up. Stray methane leaked and mi- best when she told a reporter, ‘‘You Pennsylvanians are calling a gas rush. grated upward through the rock and can’t buy a good well.’’ As I have mentioned, fracking in- into the aquifer as natural gas deposits So I urge all of my colleagues to sup- volves injecting water mixed with were drilled nearby. An investigation port this legislation and ensure that chemicals. My major concern is that by the Commonwealth of Pennsylvania our groundwater is protected as we re- the chemicals added to the water to shows that a spark created when the sponsibly develop our natural re- create fracking fluids are highly toxic. pump in the well house turned on may sources. We’re talking about chemicals like have led to the explosion. The blast There being no objection, the text of formaldehyde, benzene, and toluene. cracked in half the several-thousand- the bill was ordered to be printed in These chemicals are injected right pound concrete slab at the drilling pad the RECORD, as follows:

VerDate Nov 24 2008 02:57 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JN6.037 S09JNPT1 jbell on PROD1PC69 with SENATE S6382 CONGRESSIONAL RECORD — SENATE June 9, 2009 S. 1215 Mr. KOHL. Mr. President, I rise surcharges. Not only were criminal Be it enacted by the Senate and House of Rep- today to introduce the Antitrust fines levied, but one high-ranking exec- resentatives of the United States of America in Criminal Penalties Enforcement and utive pled guilty and agreed to serve Congress assembled, Reform Act of 2004 Extension Act. This eight months in prison. In fiscal year SECTION 1. SHORT TITLE. legislation extends a critical compo- 2004, before the passage of ACPERA, This Act may be cited as the ‘‘Fracturing Responsibility and Awareness of Chemicals nent of the Antitrust Criminal Penalty criminal antitrust fines totaled $350 (FRAC) Act’’. Enforcement and Reform Act of 2004, million. Criminal antitrust fines in fis- SEC. 2. REGULATION OF HYDRAULIC FRAC- set to expire on June 22, which encour- cal year 2009 have already surpassed TURING. ages participation in the Antitrust Di- $960 million. Scott Hammond, the Dep- (a) UNDERGROUND INJECTION.—Section vision’s leniency program. As a result, uty Assistant Attorney General for 1421(d) of the Safe Drinking Water Act (42 the Justice Department will be able to Criminal Enforcement in the Antitrust U.S.C. 300h(d)) is amended by striking para- continue to detect, investigate and ag- graph (1) and inserting the following: Division, has stated that the damages gressively prosecute price-fixing car- ‘‘(1) UNDERGROUND INJECTION.— limitation has made its Corporate Le- ‘‘(A) IN GENERAL.—The term ‘underground tels which harm consumers. niency Program ‘‘even more effective’’ injection’ means the subsurface emplace- The Antitrust Division of the Depart- at detecting and prosecuting cartels. ment of fluids by well injection. ment of Justice has long considered ACPERA’s damages limitation is set ‘‘(B) INCLUSION.—The term ‘underground criminal cartel enforcement a top pri- to expire later this month, so we must injection’ includes the underground injection ority, and its Corporate Leniency Pol- act quickly to extend it. Otherwise, the of fluids or propping agents pursuant to hy- icy is an important tool in that en- Justice Department will lose an impor- draulic fracturing operations relating to oil forcement. Criminal antitrust offenses tant tool that it uses to investigate or gas production activities. are generally conspiracies among com- ‘‘(C) EXCLUSION.—The term ‘underground and prosecute criminal cartel activity. injection’ does not include the underground petitors to fix prices, rig bids, or allo- This bill extends that provision for 1 injection of natural gas for the purpose of cate markets of customers. The Leni- year. Over the next year, we will fully storage.’’. ency Policy creates incentives for cor- review ACPERA, and consider poten- (b) DISCLOSURE.—Section 1421(b) of the porations to report their unlawful car- tial changes to make it more effective. Safe Drinking Water Act (42 U.S.C. 300h(b)) tel conduct to the Division, by offering Mr. President, I ask unanimous con- is amended— the possibility of immunity from sent that the text of the bill be printed (1) in paragraph (1)(C), by inserting before criminal charges to the first-reporting the semicolon the following: ‘‘, including a in the RECORD. requirement that any person using hydraulic corporation, as long as there is full co- There being no objection, the text of fracturing disclose to the State (or to the operation. For more than 15 years, this the bill was ordered to be printed in Administrator in any case in which the Ad- policy has allowed the Division to un- the RECORD, as follows: ministrator has primary enforcement re- cover cartels affecting billions of dol- S. 1219 sponsibility in a State) the chemical con- lars worth of commerce here in the Be it enacted by the Senate and House of Rep- stituents (but not the proprietary chemical U.S., which has led to prosecutions re- resentatives of the United States of America in formulas) used in the fracturing process’’; sulting in record fines and jail sen- Congress assembled, and tences. SECTION 1. SHORT TITLE. (2) by adding at the end the following: An important part of the Division’s This Act may be cited as the ‘‘Antitrust ‘‘(4) DISCLOSURES OF CHEMICAL CONSTITU- Criminal Penalties Enforcement and Reform ENTS.— Leniency Policy, added by the Anti- Act of 2004 Extension Act’’. ‘‘(A) IN GENERAL.—The State (or the Ad- trust Criminal Penalties Enforcement ministrator, as applicable) shall make avail- and Reform Act of 2004, limits the civil SEC. 2. DELAY OF SUNSET. able to the public the information contained liability of leniency participants to the Section 211(a) of the Antitrust Criminal in each disclosure of chemical constituents actual damages caused by that com- Penalty Enhancement and Reform Act of under paragraph (1)(C), including by posting 2004 (15 U.S.C. 1 note) is amended by striking pany—rather than triple the damages ‘‘5 years’’ and inserting ‘‘6 years’’. the information on an appropriate Internet caused by the entire conspiracy, which website. SEC. 3. EFFECTIVE DATE OF AMENDMENT. is the typical in civil antitrust law- ‘‘(B) IMMEDIATE DISCLOSURE IN CASE OF The amendment made by section 2 shall EMERGENCY.— suits. This removed a significant dis- take effect immediately before June 22, 2009. ‘‘(i) IN GENERAL.—Subject to clause (ii), the incentive to participation in the leni- regulations promulgated pursuant to sub- ency program—the concern that, de- By Mr. SPECTER (for himself section (a) shall require that, in any case in spite immunity from criminal charges, and Mr. WYDEN): which the State (or the Administrator, as a participating corporation might still S. 1220. A bill to require that certain applicable) or an appropriate treating physi- be on the hook for treble damages in complex diagnostic laboratory tests cian or nurse determines that a medical any future antitrust lawsuits. performed by an independent labora- emergency exists and the proprietary chem- Maintaining strong incentives to tory after a hospital outpatient en- ical formula or specific chemical identity of a trade-secret chemical used in hydraulic make use of the Leniency Policy pro- counter or inpatient stay during which fracturing is necessary for emergency or vides important benefits to the victims the specimen involved was collected first-aid treatment, the applicable person of antitrust offenses, often consumers shall be treated as services for which using hydraulic fracturing shall immediately who paid artificially high prices. It payment may be made directly to the disclose to the State (or the Administrator) makes it more likely that criminal laboratory under part B of title XVIII or the treating physician or nurse the propri- antitrust violations will be reported of the Social Security Act; to the Com- etary chemical formula or specific chemical and, as a result, consumers will be able mittee on Finance. identity of a trade-secret chemical, regard- to identify and recover their losses Mr. SPECTER. Mr. President, I have less of the existence of— sought recognition today to introduce ‘‘(I) a written statement of need; or from paying illegally inflated prices. ‘‘(II) a confidentiality agreement. The policy also requires participants to The Patient Access to Critical Lab ‘‘(ii) REQUIREMENT.—A person using hy- cooperate with plaintiffs in any follow- Tests Act. The legislation would mod- draulic fracturing that makes a disclosure on civil lawsuits, which makes it more ernize Medicare billing rules to im- required under clause (i) may require the likely that the plaintiff consumers will prove beneficiary access to important, execution of a written statement of need and be able to build strong cases against all life-saving advanced diagnostic tech- a confidentiality agreement as soon as prac- members of the conspiracy. nologies. ticable after the determination by the State Since the passage of ACPERA, the Mapping the human genome has en- (or the Administrator) or the treating physi- Antitrust Division has uncovered a abled revolutionary advances in under- cian or nurse under that clause.’’. number of significant cartel cases standing a wide variety of diseases, and By Mr. KOHL: through its leniency program, includ- ushered in an era where treatments can S. 1219. A bill to amend subtitle A of ing the air cargo investigation, which be tailored to individual patients based the Antitrust Criminal Penalty En- so far has yielded over a billion dollars on their DNA and specific molecular hancement and Reform Act of 2004 to in criminal fines. In that investigation, character of their disease. Complex di- extend the operation of such subtitle several airlines pled guilty to con- agnostic laboratory tests make such for a 1-year period ending June 22, 2010; spiring to fix international air cargo ‘‘personalized medicine’’ possible. By to the Committee on the Judiciary. rates and international passenger fuel understanding the molecular nature of

VerDate Nov 24 2008 01:52 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JN6.034 S09JNPT1 jbell on PROD1PC69 with SENATE June 9, 2009 CONGRESSIONAL RECORD — SENATE S6383 disease, these new technologies in- Lab Tests Act would permit inde- that appropriately encourages development creasingly allow clinicians and pa- pendent laboratories offering complex of and access to these specialized tests. tients to pick individualized treatment diagnostic laboratory tests to bill (b) SENSE OF CONGRESS.—It is the sense of options, rather than basing treatment Medicare directly for tests performed Congress that— (1) where practical, Medicare regulations choices on broad assessments of what anytime following a patient’s hospital and policies should be written to promote de- works best for a population. stay, without forcing the hospital into velopment of and access to the highly spe- Unfortunately Medicare payment, an unnecessary middleman role. cialized laboratory tests referred to in sub- coding and coverage practices are Given the promise of these new tech- section (a)(6); and harming Medicare beneficiary access to nologies, it is important that all regu- (2) the Medicare regulation described in specialized diagnostic tests. In par- latory regimes keep pace with the rap- section 414.510 of title 42, Code of Federal ticular is the Centers for Medicare and idly evolving world of science and tech- Regulations, is one such regulation that Medicaid Services, CMS, Medicare nology, and operate to promote innova- should be revised to permit laboratories fur- nishing certain specialized tests to bill for ‘‘date of service’’ regulation. Under the tion. Out-dated regulations and calci- and be paid directly by Medicare for fur- regulation, any test furnished within 14 fied regulatory agencies can stifle in- nishing such tests. days after the patient’s discharge from novation and prevent new life-saving SEC. 3. TREATMENT OF CERTAIN COMPLEX DIAG- a hospital is deemed to have been per- diagnostics and therapies from ever NOSTIC LABORATORY TESTS. formed on the day of collection, when coming to market. They can also serve (a) IN GENERAL.—Notwithstanding sections the patient was in or at the hospital, as a drag on our economy. 1862(a)(14) and 1866(a)(1)(H)(i) of the Social even though the patient may no longer Fixing this rule is a matter of crit- Security Act (42 U.S.C. 1395y(a)(14) and be at the hospital when the test is or- ical importance to Medicare bene- 1395cc(a)(1)(H)(i)), in the case that a labora- dered, and the test is not used to guide tory performs a covered complex diagnostic ficiaries, as well as to the laboratories laboratory test, with respect to a specimen treatment during the patient’s hospital developing these technologies. collected from an individual during a period encounter. A laboratory test that is I encourage colleagues to join Sen- in which the individual is a patient of a hos- deemed to coincide with the date on ator WYDEN and me in cosponsoring pital, if the test is performed after such pe- which the patient was a hospital pa- this bill. I likewise urge Senators BAU- riod the Secretary of Health and Human tient becomes a service furnished by CUS and GRASSLEY to consider this im- Services shall treat such test, for purposes of the hospital, even though the hospital portant measure as part of health care providing direct payment to the laboratory may have nothing to do with the order- reform. under section 1833(h) or 1848 of such Act (42 ing, performance, or use of the test. U.S.C. 1395l(h) or 1395w–4), as if such speci- Mr. President, I ask unanimous con- men had been collected directly by the lab- The combination of these rules cre- sent that the text of the bill be printed oratory. ates a host of administrative and finan- in the RECORD. (b) COVERED COMPLEX DIAGNOSTIC LABORA- cial disincentives for hospitals to em- There being no objection, the text of TORY TEST DEFINED.—For purposes of this brace these tests. the bill was ordered to be printed in section, the term ‘‘covered complex diag- Hospitals are required to exercise the RECORD, as follows: nostic laboratory test’’ means an analysis— (1) of DNA, RNA, chromosomes, proteins, professional responsibility over these S. 1220 services, but are unwilling to do so for or metabolites that detects, identifies, or Be it enacted by the Senate and House of Rep- quantitates genotypes, mutations, chromo- tests that are not offered by the hos- resentatives of the United States of America in pital, and which are, in fact, offered by somal changes, biochemical changes, cell re- Congress assembled, sponse, protein expression, or gene expres- laboratories that are otherwise unaf- SECTION 1. SHORT TITLE. sion or similar method or is a cancer chemo- filiated with and unfamiliar to the hos- This Act may be cited as the ‘‘Patient Ac- therapy sensitivity assay or similar method, pital. cess to Critical Lab Tests Act’’. but does not include methods principally Hospitals are required to bill for the SEC. 2. FINDINGS; SENSE OF CONGRESS. comprising routine chemistry or routine im- service; the laboratories may not bill (a) FINDINGS.—The Congress finds as fol- munology; Medicare directly, and instead must lows: (2) that is described in section 1861(s)(3) of bill the hospital for the services they (1) Timely access to laboratory testing is the Social Security Act (42 U.S.C. provide, which means the hospital as- essential to ensure quality of care for pa- 1395x(s)(3)); tients. (3) that is developed and performed by a sumes the financial risk that the serv- laboratory which is independent of the hos- ice is covered and that Medicare will (2) Genetic and molecular laboratory test- ing are the new cornerstones of high quality, pital in which the specimen involved was pay for it. cost-effective preventive medicine. collected and not under any arrangements In light of these administrative and (3) The completion of the Human Genome (as defined in section 1861(w)(1) of such Act financial disincentives, hospitals are Project in 2003 paved the way for a more so- (42 U.S.C. 1395x(w)(1)); and encouraging physicians to delay order- phisticated understanding of disease causa- (4) that is not furnished by the hospital ing the tests until after the 14 days; tion, which has contributed to the advent of where the specimen was collected to a pa- others are cancelling orders altogether. ‘‘personalized medicine’’. tient of such hospital, directly or under ar- These disincentives create obstacles (4) Personalized medicine is the applica- rangements (as defined in section 1861(w)(1) tion of genomic and molecular data to better of such Act (42 U.S.C. 1395x(w)(1)) made by for physicians and their patients, and such hospital. genuine barriers to access these bene- target the delivery of health care, facilitate the discovery and clinical testing of new SEC. 4. EFFECTIVE DATE. ficial tests. products, and help determine a patient’s pre- The provisions of section 3 shall apply to These rules also create substantial disposition to a particular disease or condi- tests furnished on or after the date of the en- hardship for the laboratories that are tion. actment of this Act. seeking to develop these tests. In order (5) Personalized medicine offers the prom- for the tests to be covered, hospitals ise of smarter, more effective, and safer care By Mr. SPECTER (for himself must enter into agreements with the as physicians and patients become equipped and Mr. ROBERTS): laboratories furnishing the tests. It is with better information to guide treatment S. 1221. A bill to amend title XVIII of administratively overwhelming for decisions. the Social Security Act to ensure more (6) Some of the most encouraging personal- appropriate payment amounts for these small laboratories to seek to ized medicine developments involve highly enter into agreements with all poten- specialized laboratory tests that, using bio- drugs and biologicals under part B of tial originating hospitals, which may markers and vast stores of historical data, the Medicare Program by excluding number in the thousands when consid- provide individualized information that en- customary prompt pay discounts ex- ering sites where tissue may be stored. able physicians and patients to develop per- tended to wholesalers from the manu- The legislation that I am introducing sonalized treatment plans. facturer’s average sales price; to the today with Senator WYDEN would re- (7) Several outdated Medicare regulations Committee on Finance. quire CMS to take a small, but impor- for laboratory billing are obstructing access Mr. SPECTER. Mr. President, I have tant step toward facilitating Medicare to highly specialized laboratory tests and de- sought recognition today to introduce laying patients’ diagnoses and treatments. beneficiary access to innovative, life- These same rules are discouraging invest- legislation that will help ensure Medi- saving diagnostic tests by updating the ments in development of new tests. care beneficiaries’ access to cancer ‘‘date of service’’ regulation. Specifi- (8) Realizing the promise of personalized drugs provided by community-based cally, the Patient Access to Critical medicine will require improved regulation cancer clinics.

VerDate Nov 24 2008 01:52 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JN6.053 S09JNPT1 jbell on PROD1PC69 with SENATE S6384 CONGRESSIONAL RECORD — SENATE June 9, 2009 Cancer takes a great toll on our fam- help ensure Medicare beneficiaries’ ac- passing S. Res. 160, which condemned ilies, friends, and our Nation. On aver- cess to community-based cancer treat- the ‘‘trial’’ of Suu Kyi and the dubious age, one American dies from cancer ment. I encourage my colleagues to actions taken by the SPDC against her. each minute and the overall cost of work with me to move this legislation The Obama administration has indi- cancer to the U.S. is $220 billion annu- forward promptly. cated that a new strategy on Burma is ally. While these statistics are Mr. President, I ask unanimous con- forthcoming, and I look forward to re- daunting, the rate of cancer deaths in sent that the text of the bill be printed viewing it. Whatever the content of the U.S. has decreased since 1993. This in the RECORD. this strategy, it appears from cor- decrease is the result of earlier detec- There being no objection, the text of respondence between my House col- tion and diagnosis, more effective and the bill was ordered to be printed in leagues and the State Department that targeted cancer therapies, and greater the RECORD, as follows: the administration will continue to accessibility to quality care provided S. 1221 support sanctions against the Burmese by oncologists. These vital services Be it enacted by the Senate and House of Rep- regime, even as it considers additional have allowed millions of individuals to resentatives of the United States of America in means of effecting positive change in lead healthy and productive lives after Congress assembled, the troubled country. successfully battling cancer. SECTION 1. EXCLUSION OF CUSTOMARY PROMPT Mr. President, I ask unanimous con- Leading the treatment against can- PAY DISCOUNTS EXTENDED TO sent that the text of the joint resolu- cer, community cancer clinics treat 84 WHOLESALERS FROM MANUFACTUR- tion be printed in the RECORD. ER’S AVERAGE SALES PRICE FOR There being no objection, the text of percent of Americans with cancer. PAYMENTS FOR DRUGS AND Community cancer clinics are free- BIOLOGICALS UNDER MEDICARE the joint resolution was ordered to be standing outpatient facilities that pro- PART B. printed in the RECORD, as follows: vide comprehensive cancer care in phy- (a) IN GENERAL.—Section 1847A(c)(3) of the S.J. RES. 17 sician’s office settings located in pa- Social Security Act (42 U.S.C. 1395w–3a(c)(3)) Resolved by the Senate and House of Rep- is amended— tients’ communities. These clinics are resentatives of the United States of America in (1) in the first sentence, by inserting Congress assembled, especially critical in rural areas where ‘‘(other than customary prompt pay dis- SECTION 1. AMENDMENT TO BURMESE FREEDOM access to larger cancer clinics is not counts extended to wholesalers)’’ after AND DEMOCRACY ACT OF 2003. available. ‘‘prompt pay discounts’’; and Section 9(b)(3) of the Burmese Freedom In 2003, the Medicare Prescription (2) in the second sentence, by inserting and Democracy Act of 2003 (Public Law 108– Drug Improvement and Modernization ‘‘(other than customary prompt pay dis- 61; 50 U.S.C. 1701 note) is amended by strik- Act was signed into law. This legisla- counts extended to wholesalers)’’ after ing ‘‘six years’’ and inserting ‘‘nine years’’. tion contained numerous provisions ‘‘other price concessions’’. SEC. 2. RENEWAL OF IMPORT RESTRICTIONS (b) EFFECTIVE DATE.—The amendments UNDER BURMESE FREEDOM AND that were beneficial to America’s sen- made by this section shall apply to drugs and DEMOCRACY ACT OF 2003. iors and medical facilities; however, it biologicals that are furnished on or after (a) IN GENERAL.—Congress approves the re- also provided a reduction in Medicare’s January 1, 2010. newal of the import restrictions contained in reimbursement for cancer treatment. section 3(a)(1) and section 3A (b)(1) and (c)(1) The new Medicare drug reimbursement By Mr. MCCONNELL (for himself, of the Burmese Freedom and Democracy Act rates, based on average sales price or Mrs. FEINSTEIN, Mr. MCCAIN, of 2003. (b) RULE OF CONSTRUCTION.—This joint res- and Mr. DURBIN:) ASP, are artificially lowered by the in- olution shall be deemed to be a ‘‘renewal res- clusion of prompt payment discounts. S.J. Res. 17. A joint resolution ap- olution’’ for purposes of section 9 of the Bur- These discounts are provided by the proving the renewal of import restric- mese Freedom and Democracy Act of 2003. pharmaceutical manufacturer to the tions contained in the Burmese Free- SEC. 3. EFFECTIVE DATE. distributor and are a financing mecha- dom and Democracy Act of 2003, and This joint resolution and the amendments nism between the manufacturer and for other purposes; to the Committee made by this joint resolution shall take ef- the distributor for prompt payment of on Finance. fect on the date of the enactment of this invoices. As such, they are not passed Mr. MCCONNELL. Mr. President, I joint resolution or July 26, 2009, whichever occurs first. on to community oncology clinics, rise to introduce the annual renewal of which purchase drugs from distribu- the Burmese Freedom and Democracy Mrs. FEINSTEIN. Mr. President, I rise today with Senator MCCONNELL to tors. However, pharmaceutical manu- Act of 2003. Once again, I am joined by introduce a joint resolution renewing facturers are required by statute to in- Senators FEINSTEIN, MCCAIN and DUR- the ban on all imports from Burma for clude all discounts and rebates in the BIN who have been steadfast and long- time advocates for the Burmese people. another year. calculation of ASP, including prompt I regret that we must take this ac- payment discounts that are not pro- This resolution extends for another year the sanctions that are currently tion once again. vided to community oncology clinics. I had hoped that since we last took in place against the illegitimate Bur- The inclusion of these prompt payment up this resolution last year, the ruling mese regime, the State Peace and De- discounts results in the artificially military junta, the State Peace and velopment Council, SPDC. This bill lowering of Medicare drug reimburse- Development Council, SPDC, would ment rates by approximately 2 percent. would keep those sanctions in place un- have, at long last, heeded the voices of Community cancer clinics are report- less and until the regime takes a num- the people of Burma and the inter- ing that they are finding more cancer ber of clear steps towards democracy national community and put Burma on drugs reimbursed by Medicare at a rate and reconciliation. This measure also a path to democracy, human rights, less than their cost. includes renewal of the enhanced sanc- and the rule of law. The Congressional Budget Office esti- tions enacted last year as part of the Sadly, the regime responded to these mated that Medicare reimbursements Tom Lantos Block Burmese JADE Act calls in true fashion, by trying yet to oncologists would be reduced by $4.2 of 2008. again to break the will of Burma’s billion from 2004–2013. As many of my colleagues know, the democratic opposition and stifle any PricewaterhouseCoopers estimated news from Burma has been particularly movement for change. that reductions will reach $14.7 billion troubling of late. Nobel Peace Prize Just last month, the military junta over that time. This increased reduc- winner Daw Aung San Suu Kyi, who arrested and detained Nobel Peace tion will have a debilitating effect on has been under house arrest for 13 of Prize Laureate and Burma’s democrat- oncologists’ ability to provide cancer the last 19 years, was charged last ically elected leader Aung San Suu Kyi treatment to Medicare beneficiaries, month with permitting a misguided on trumped-up charges of violating her especially those in the community set- American to enter her home. As a re- house arrest. ting. sult, she faces up to 5 years in prison. Currently standing trial—behind This legislation will remove manu- My colleagues in the Senate and I re- closed doors and without due process— facturer to distributor prompt pay- main deeply concerned about the out- she faces up to 5 years in prison if con- ment discounts from the calculation of come of her ‘‘trial.’’ I was pleased that victed. This will come on top of spend- ASP to provide a more appropriate the Senate responded to this out- ing the better part of the past 19 years Medicare drug reimbursement and will rageous prosecution by unanimously isolated and alone under house arrest.

VerDate Nov 24 2008 01:52 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JN6.043 S09JNPT1 jbell on PROD1PC69 with SENATE June 9, 2009 CONGRESSIONAL RECORD — SENATE S6385 The regime’s actions should come as I am hopeful that the United Nations Whereas men are less likely than women to no surprise. They represent yet an- Security Council and the international visit their health center or physician for reg- other attempt to hold on to power and community will follow our example ular screening examinations of male-related problems for a variety of reasons, including crush any opposition. and put additional pressure on the fear, lack of health insurance, lack of infor- Almost 20 years ago, it annulled par- SPDC to release Aung San Suu Kyi and mation, and cost factors; liamentary election results overwhelm- all political prisoners immediately and Whereas National Men’s Health Week was ingly won by Aung San Suu Kyi’s Na- unconditionally and engage in a true established by Congress in 1994 and urges tional League for Democracy. dialogue on national reconciliation, men and their families to engage in appro- Six years ago government-sponsored one that will lead to a truly demo- priate health behaviors, and the resulting in- thugs attempted to assassinate Suu cratic constitution. creased awareness has improved health-re- Kyi and other members of her National I urge my colleagues to pass this lated education and helped prevent illness; Whereas the governors of more than 45 League for Democracy by attacking Joint Resolution as soon as possible. States issue proclamations annually declar- her motorcade in northern Burma. f ing Men’s Health Week in their States; Two years ago, the regime brutally Whereas since 1994, National Men’s Health put down pro-democracy demonstra- SUBMITTED RESOLUTIONS Week has been celebrated each June by doz- tions of the Saffron Revolution led by ens of States, cities, localities, public health Buddhist monks. departments, health care entities, churches, SENATE RESOLUTION 173—SUP- And last year, we saw the regime ig- and community organizations throughout PORTING NATIONAL MEN’S nore offers made by the international the Nation that promote health awareness HEALTH WEEK events focused on men and family; community and international humani- Mr. CRAPO submitted the following Whereas the National Men’s Health Week tarian organizations to help Burma re- Internet website has been established at spond to the devastation caused by Cy- resolution; which was referred to the www.menshealthweek.org and features gov- clone Nargis, leading to countless Committee on Health, Education, ernors’ proclamations and National Men’s deaths of innocent civilians. Labor, and Pensions: Health Week events; In addition, they imposed a new con- S. RES. 173 Whereas men who are educated about the stitution on the people of Burma, one Whereas despite advances in medical tech- value that preventive health can play in pro- that was negotiated behind closed nology and research, men continue to live an longing their lifespan and their role as pro- doors without the input of the demo- average of more than 5 years less than ductive family members will be more likely to participate in health screenings; cratic opposition and one that will en- women, and African-American men have the lowest life expectancy; Whereas men and their families are en- trench the military’s grip on power. couraged to increase their awareness of the The SPDC understands all too well Whereas 9 of the 10 leading causes of death, as defined by the Centers for Disease Control importance of a healthy lifestyle, regular ex- that the vast majority of Burmese citi- and Prevention, affect men at a higher per- ercise, and medical checkups; and zens embrace Suu Kyi’s call for free- centage than women; Whereas June 15 through June 21, 2009, is dom and democracy and reject the jun- Whereas between ages 45 and 54, men are 3 National Men’s Health Week, which has the ta’s oppressive rule. times more likely than women to die of purpose of heightening the awareness of pre- That is why they are trying once heart attacks; ventable health problems and encouraging early detection and treatment of disease again to silence her voice. Whereas men die of heart disease at 11⁄2 times the rate of women; among men and boys: Now, therefore, be it We cannot allow this brutal dictator- Resolved, That the Senate— Whereas men die of cancer at almost 11⁄2 ship to succeed. (1) supports the annual National Men’s times the rate of women; For those of my colleagues who are Health Week in 2009; and Whereas testicular cancer is 1 of the most (2) calls upon the people of the United disappointed with the lack of progress common cancers in men aged 15 to 34, and States and interested groups to observe Na- in bringing freedom and democracy to when detected early, has a 96 percent sur- tional Men’s Health Week with appropriate Burma since we first enacted this ban vival rate; ceremonies and activities. in 2003, I share their disappointment. Whereas the number of cases of colon can- But now is not the time to turn back. cer among men will reach almost 75,590 in f Now is not the time to reward the re- 2009, and almost 1⁄2 of those men will die from SENATE RESOLUTION 174—RECOG- gime for its oppressive tactics by lift- the disease; NIZING THE REGION FROM MAN- ing any part of our sanctions regime on Whereas the likelihood that a man will de- velop prostate cancer is 1 in 6; HATTAN, KANSAS TO COLUMBIA, Burma. Whereas the number of men developing MISSOURI AS THE KANSAS CITY It has not made ‘‘substantial and prostate cancer in 2009 will reach more than ANIMAL HEALTH CORRIDOR measurable progress’’ towards: 192,280, and an estimated 27,360 of them will Mr. BOND (for himself, Mr. ROBERTS, ending violations of internationally die from the disease; Mr. BROWNBACK, and Mrs. MCCASKILL) recognized human rights; Whereas African-American men in the submitted the following resolution; United States have the highest incidence in releasing all political prisoners; which was referred to the Committee allowing freedom of speech and press; the world of prostate cancer; Whereas significant numbers of health on the Agriculture, Nutrition, and For- allowing freedom of association; estry: permitting the peaceful exercise of problems that affect men, such as prostate cancer, testicular cancer, colon cancer, and S. RES. 174 religion and; infertility, could be detected and treated if Whereas a 34 percent of the $16,800,000,000 bringing to a conclusion an agree- men’s awareness of such problems was more annual global animal health industry is ment between the SPDC and the Na- pervasive; based in the Kansas City region; tional League for Democracy and Bur- Whereas more than 1⁄2 of the elderly wid- Whereas more than 120 companies involved ma’s ethnic nationalities on the res- ows now living in poverty were not poor be- in the animal health industry are located in toration of a democratic government. fore the death of their husbands, and by age Kansas and Missouri, including 4 of the 10 By renewing the import ban we ex- 100, women outnumber men 8 to 1; largest global animal health companies and 1 press our solidarity with Aung San Suu Whereas educating both the public and of the 5 largest animal nutrition companies; health care providers about the importance Whereas several leading veterinary col- Kyi and the democratic opposition who of early detection of male health problems leges and animal research centers are lo- bravely stand up to the regime and re- will result in reducing rates of mortality for cated in Kansas and Missouri, including the ject their abuses. these diseases; College of Veterinary Medicine and the They understand that the import ban Whereas appropriate use of tests such as $54,000,000 Biosecurity Research Institute of is not directed at the people of Burma, prostate specific antigen exams, blood pres- Kansas State University and the College of but at the military junta that domi- sure screenings, and cholesterol screenings, Veterinary Medicine, the College of Agri- nates economic and political activity in conjunction with clinical examination and culture, Food and Natural Resources’ Divi- in their country and denies them their self-testing for problems such as testicular sion of Animal Sciences, the $60,000,000 Life rights. cancer, can result in the detection of many Sciences Center, the National Swine Re- problems in their early stages and increase source and Research Center, and the Re- And I remind my colleagues that this the survival rates to nearly 100 percent; search Animal Diagnostic Laboratory of the import ban renewal is good for 1 year Whereas women are twice as likely as men University of Missouri; and we will have the opportunity to re- to visit the doctor for annual examinations Whereas Kansas City, Missouri, is cen- visit this issue again next year. and preventive services; trally located in the United States and is

VerDate Nov 24 2008 01:52 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JN6.031 S09JNPT1 jbell on PROD1PC69 with SENATE S6386 CONGRESSIONAL RECORD — SENATE June 9, 2009 close to many of the food animal end cus- Whereas any investment of taxpayer dol- government under which Mr. Mugabe would tomers; lars in the American automotive industry remain President, Mr. Tsvangirai would be- Whereas the Department of Homeland Se- should be temporary; come Prime Minister, and the parties would curity selected Manhattan, Kansas, as the Whereas the Federal Government is a re- divide control of the ministries; future location for the National Bio and luctant shareholder in General Motors Cor- Whereas the Global Political Agreement, Agro-defense Facility (NBAF); poration and Chrysler Motors LLC, as any as written, included provisions to restore the Whereas the $750,000,000 NBAF project will involvement is only to protect the invest- rule of law and economic stability and provide area economic development opportu- ment of taxpayer dollars; growth, establish a new constitution, end vi- nities by employing 300 people with an an- Whereas the Federal Government, as the olence by state and non-state actors, and nual payroll of up to $30,000,000, and will pro- primary shareholder, will not be involved in promote freedom of assembly, association, vide an additional 1,500 construction jobs; the day-to-day management of General Mo- expression, and communication; Whereas NBAF enhances Kansas’ leader- tors; and Whereas the installation of the transi- ship role in the Nation as the animal health Whereas the Federal Government shall tional government stalled for five months as research and biosciences center for the closely monitor General Motors and Chrysler Mr. Mugabe and his allies refused to com- United States; to ensure that they are being responsible promise on control of key ministries and se- Whereas more than 45 percent of the fed stewards of taxpayer dollars and are taking curity agencies and continued to use the cattle in the United States, 40 percent of the all possible steps to expeditiously return to state security apparatus to intimidate and hogs produced, and 20 percent of the beef solvency: Now, therefore, be it commit violence against political opponents; cows and calves are located within 350 miles Resolved, That it is the sense of the Senate Whereas, according to the United Nations, of Kansas City; that— the humanitarian situation during that time Whereas there are nationally-recognized (1) the Federal Government is only a tem- deteriorated to unprecedented levels, with an publishers in the animal health industry lo- porary stakeholder in the American auto- estimated 5,000,000 people in Zimbabwe sus- cated in Kansas and Missouri; motive industry and should take all possible ceptible to food insecurity, and collapsing Whereas Kansas and Missouri have historic steps to protect American taxpayer dollars roots in the livestock industry, including the water and sewerage services giving rise to a and divest its ownership interests in such cholera epidemic that has resulted in the cattle drives in the 1860s from Texas to the companies as expeditiously as possible; and westward railhead in Sedalia, Missouri; deaths of more than 4,000 people; (2) the Comptroller General of the United Whereas, on February 11, 2009, the parties Whereas Kansas and Missouri are home to States should conduct a study to determine many prominent national and international finally formed the transitional government; the period of time it may take General Mo- Whereas there has since been some associations within the animal health indus- tors and Chrysler to return to solvency and try; and progress toward the implementation of the for the Federal Government to complete di- Global Political Agreement, including posi- Whereas retaining and growing existing vestiture. animal health companies, attracting new tive steps by the Ministry of Finance, such animal health companies, increasing animal f as the issuance of a Short Term Economic health research capacity, and developing SENATE RESOLUTION 176—EX- Recovery Program (STERP) and the aban- commercialization infrastructure will create donment of the Zimbabwe dollar in favor of PRESSING THE SENSE OF THE foreign currencies; quality jobs and wealth for Kansas and Mis- SENATE ON UNITED STATES souri: Now, therefore, be it Whereas many of the reform-minded indi- Resolved, That the Senate— POLICY DURING THE POLITICAL viduals within the new transitional govern- (1) recognizes the region from Manhattan, TRANSITION IN ZIMBABWE, AND ment are limited by a severe lack of quali- Kansas to Columbia, Missouri, including the FOR OTHER PURPOSES fied personnel and material resources; Whereas the full implementation of the metropolitan Kansas City area and St. Jo- Mr. FEINGOLD (for himself, Mr. seph, Missouri, as the ‘‘Kansas City Animal Global Political Agreement continues to be Health Corridor’’; ISAKSON, Mr. KERRY, Mr. INHOFE, Mr. obstructed by hardliners in the government, (2) recognizes the Kansas City Animal BURRIS, Mr. WHITEHOUSE, Mr. NELSON and important issues regarding senior gov- Health Corridor as the national center of the of Florida, Mr. DURBIN, Mr. CARDIN, ernment appointments remain unresolved, animal health industry, based on the un- and Mr. BROWNBACK) submitted the fol- notably the status of the current Reserve matched concentration of animal health and lowing resolution; which was consid- Bank Governor and the Attorney General; nutrition businesses and educational and re- ered and agreed to: Whereas ZANU-PF officials have made ef- search assets; and forts to obstruct implementation of the S. RES. 176 (3) expresses its commitment to estab- Global Political Agreement as they continue lishing a favorable business environment and Whereas, over the course of the last dec- to arrest legitimate journalists and human supporting animal health research to foster ade, the Zimbabwean African National rights activists and delay the swearing into the continued growth of the animal health Union-Patriotic Front (ZANU-PF), led by office of properly designated officials nomi- industry for the benefit of the economy, uni- Robert Mugabe, increasingly turned to vio- nated by MDC; and versities, businesses, and young people hop- lence and intimidation to maintain power Whereas the security forces continue to op- ing to pursue an animal health career in the amidst government-directed economic col- erate outside the rule of law, condoning land Kansas City Animal Health Corridor. lapse and a growing humanitarian crisis; invasions, restrictions on media access and Whereas the Department of State’s 2008 f freedoms, and harassment, arbitrary arrests, Country Report on Human Rights Practices and detention of civil society activists in SENATE RESOLUTION 175—EX- states that the Government of Zimbabwe Zimbabwe: Now, therefore, be it PRESSING THE SENSE OF THE ‘‘continued to engage in the pervasive and systematic abuse of human rights, which in- Resolved, That it is the sense of the Senate SENATE THAT THE FEDERAL that the United States Government, in co- GOVERNMENT IS A RELUCTANT creased during the year,’’ including unlawful killings, politically-motivated abductions, ordination with other democratic govern- SHAREHOLDER IN THE OWNER- state-sanctioned use of excessive force and ments and international institutions desir- SHIP OF GENERAL MOTORS AND torture by security forces against opposi- ing to help the people of Zimbabwe, should— CHRYSLER tion, student leaders, and civil society activ- (1) continue to provide humanitarian as- Mr. NELSON of Nebraska submitted ists; sistance to meet the urgent needs of the peo- the following resolution; which was re- Whereas Zimbabwe held presidential and ple of Zimbabwe; ferred to the Committee on Banking, parliamentary elections on March 29, 2008, (2) make available increased resources for with official results showing that Mr. nongovernmental entities to provide assist- Housing, and Urban Affairs: Mugabe won 43.2 percent of the vote, while ance and to pay salaries or fees to appro- S. RES. 175 Morgan Tsvangirai, leader of the opposition priately qualified people in Zimbabwe to en- Whereas the United States is facing a deep party Movement for Democratic Change able progress to be made in the critical areas economic crisis that has caused millions of (MDC), won 47.9 percent of the vote; of education, health, water, and sanitation; American workers to lose their jobs; Whereas, in the wake of those elections, (3) welcome and encourage responsible ef- Whereas the collapse of the American Mr. Mugabe and his allies launched a brutal forts by the international community to sup- automotive industry would have dealt a dev- campaign of violence against members and port, strengthen, and extend reforms made astating blow to an already perilous econ- supporters of the MDC, voters and journal- by ministries within the Government of omy; ists, and other citizens of Zimbabwe, leading Zimbabwe, especially the Ministry of Fi- Whereas the Federal Government, under Mr. Tsvangirai to withdraw from the June nance; President George W. Bush and President 27, 2008, runoff presidential election, which (4) provide concrete financial and technical Barack Obama, intervened in the American Mr. Mugabe, the only remaining candidate, assistance in response to requests from the automotive industry in order to prevent ad- then won with 85 percent of the vote; people of Zimbabwe and civil society organi- ditional job losses in the industry that would Whereas, on September 15, 2008, ZANU-PF zations in their efforts to draft and enact a have resulted in a ripple effect across the en- and the MDC signed a ‘‘Global Political new constitution based on democratic values tire economy; Agreement’’ (GPA) to form a transitional and principles that would enable the country

VerDate Nov 24 2008 02:57 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JN6.048 S09JNPT1 jbell on PROD1PC69 with SENATE June 9, 2009 CONGRESSIONAL RECORD — SENATE S6387 to hold fair and free elections at an early Whereas since 1995, the United States has Whereas Olympic Day will encourage the date; become the largest contributor to the ILO’s development of Olympic and Paralympic (5) work with and encourage regional gov- International Program for the Elimination Sport in the United States; ernments and leaders to promote human of Child Labor; Whereas Olympic Day encourages the par- rights, the restoration of the rule of law, and Whereas the Department of Labor has ticipation of youth of the United States in economic growth in Zimbabwe; funded 220 projects through the Inter- Olympic and Paralympic sport; (6) maintain the existing ban on the trans- national Program for the Elimination of Whereas Olympic Day will encourage the fer of defense items and services and the sus- Child Labor that have affected 1,300,000 chil- teaching of Olympic history, health, arts, pension of most non-humanitarian govern- dren in 82 countries who were rescued from and culture among the youth of the United ment-to-government assistance until there is or prevented from entering the worst forms States; demonstrable progress toward restoring the of child labor; Whereas Olympic Day will encourage the rule of law, civilian control over security Whereas in May 2000, the United States youth of the United States to support the forces, and respect for human rights in Government enacted the Trade and Develop- Olympic movement and the selection of Chi- Zimbabwe; and ment Act of 2000 (Public Law 106-200), which cago, Illinois as the host city for the 2016 (7) support the continuation and updating included a provision that requires countries Olympic and Paralympic Games; and of financial sanctions and travel bans tar- receiving duty-free access to the United Whereas enthusiasm for Olympic and geted against those individuals responsible States marketplace to take steps to imple- Paralympic sport is at an all-time high: for the deliberate breakdown of the rule of ment the terms of the Convention in order to Now, therefore, be it law, politically motivated violence, and retain such trade privileges; Resolved, That the Senate— other ongoing illegal activities in Zimbabwe. Whereas between 2000 and 2004, the worst (1) supports Olympic Day 2009 and the f forms of child labor declined worldwide, as goals that Olympic Day pursues; and the overall number of child laborers fell by (2) encourages the International Olympic SENATE RESOLUTION 177—RECOG- 11 percent, from 246,000,000 to 218,000,000, and Committee to select Chicago, Illinois as the NIZING THE 10TH ANNIVERSARY the number of young child laborers was re- host city for the 2016 Olympic and OF THE INTERNATIONAL duced by 33 percent; Paralympic Games. LABOUR ORGANIZATION’S UNAN- Whereas between 2000 and 2004, the number IMOUS ADOPTION OF CONVEN- of children between 5 and 17 years of age who f TION 182, ‘‘CONCERNING THE performed hazardous work fell by 26 percent, from 171,000,000 to 126,000,000; and PROHIBITION AND IMMEDIATE SENATE RESOLUTION 179—CON- Whereas on the 10th anniversary of its GRATULATING THE AMERICAN ACTION FOR THE ELIMINATION adoption, a total of 183 countries have rati- OF THE WORST FORMS OF CHILD fied the Convention: Now, therefore, be it SOCIETY OF MECHANICAL ENGI- LABOUR’’ Resolved, That it is the sense of the Senate NEERS ON ITS 125 YEARS OF CODES AND STANDARDS DEVEL- Mr. HARKIN submitted the following that— (1) the worst forms of child labor should OPMENT resolution; which was considered and not be tolerated, whether they occur in the Mr. KAUFMAN submitted the fol- agreed to: United States or other countries; and S. RES. 177 (2) on the 10th anniversary of its adoption, lowing resolution; which was consid- ered and agreed to: Whereas on June 17, 1999, the International all parties to Convention 182, ‘‘Concerning Labour Organization (ILO) unanimously the Prohibition and Immediate Action for S. RES. 179 adopted Convention 182, ‘‘Concerning the the Elimination of the Worst Forms of Child Whereas the American Society of Mechan- Prohibition and Immediate Action for the Labour’’, done at Geneva June 17, 1999 (T. ical Engineers (ASME), which was founded in Elimination of the Worst Forms of Child Doc. 106-5), should work toward its full im- 1880 and currently includes more than 127,000 Labour’’, done at Geneva (T. Doc. 106-5) (in plementation to realize the goal of elimi- members worldwide, is a premier profes- this preamble referred to as the ‘‘Conven- nating the worst forms of child labor. sional organization serving the engineering tion’’); and technical community through high-qual- Whereas on August 5, 1999, President Wil- f ity programs in the development and main- liam Jefferson Clinton submitted the Con- tenance of codes and standards, continuing vention to the Senate for its advice and con- SENATE RESOLUTION 178—SUP- education, research, conferences, publica- sent; PORTING OLYMPIC DAY ON JUNE tions, and government relations; Whereas on October 21, 1999, the Com- 23, 2009, AND ENCOURAGING THE Whereas in 2009, ASME is celebrating its mittee on Foreign Relations of the Senate, INTERNATIONAL OLYMPIC COM- 125th anniversary of codes and standards de- under the chairmanship of Senator Jesse MITTEE TO SELECT CHICAGO, IL- velopment, commemorating a rich history of Helms, considered the Convention, and on LINOIS AS THE HOST CITY FOR engineering progress, technological safety, November 3, 1999, reported it out of com- THE 2016 OLYMPIC AND and service to industry and government; mittee; PARALYMPIC GAMES Whereas the ASME codes and standards ac- Whereas on November 5, 1999, the Senate tivity began in a period of rising industrial- unanimously agreed to the resolution of ad- Mr. DURBIN (for himself, Mr. UDALL ization in the United States and grew in vice and consent to the ratification of the of Colorado, Mr. BURRIS, Mr. BENNETT, stature and influence as technology ad- Convention; Mr. BENNET, and Mr. HATCH) submitted vanced and new industries were born; Whereas on December 2, 1999, President the following resolution; which was Whereas a significant achievement in the Clinton signed the instruments of ratifica- considered and agreed to: history of ASME includes the issuance of the tion of the Convention, as the United States first ASME Boiler Code in 1914; became the third country to ratify the Con- S. RES. 178 Whereas the ASME Boiler and Pressure vention; Whereas Olympic Day, June 23, 2009, cele- Vessel Code has since been incorporated into Whereas the terms of the Convention apply brates the Olympic ideal of developing peace the laws of all 50 States and is also ref- to all children under 18 years of age and de- through sport; erenced in Canada and other parts of the fine the worst forms of child labor to include Whereas June 23 marks the anniversary of world; slavery and practices similar to slavery (in- the founding of the modern Olympic move- Whereas since the publication of its first cluding the sale and trafficking of children), ment, the date on which the Congress of performance test code 125 years ago, titled forced or compulsory labor, debt bondage Paris approved the proposal of Pierre de ‘‘Code for the Conduct of Trials of Steam and serfdom, child prostitution and child Coubertin to found the modern Olympics; Boilers’’, ASME has developed more than 500 pornography, the use of children in illegal Whereas for more than 100 years, the technical standards for pressure vessel tech- activities (including drug production and Olympic movement has built a more peaceful nology, electric and nuclear power facilities, trafficking), and work that is likely to jeop- and better world by educating young people elevators and escalators, gas pipelines, engi- ardize the health, safety, or morals of chil- through amateur athletics, by bringing to- neering drawing practices, and numerous dren; gether athletes from many countries in other technical and engineered products and Whereas the stated goals of the Convention friendly competition, and by forging new re- processes; include the effective elimination of the lationships bound by friendship, solidarity, Whereas ASME codes and standards and worst forms of child labor, ensuring that the and fair play; conformity assessment programs are pres- parties take into account the importance of Whereas the United States and Chicago, Il- ently used in more than 100 countries; free basic education, removal of children linois advocate the ideals of the Olympic Whereas ASME’s celebration of its 125 from all work that is in violation of the Con- movement; years of codes and standards development is vention, and provision of rehabilitation and Whereas hundreds of local governments a tribute to the dedicated service of tech- social integration for children who have en- from across the United States are joining to- nical experts and staff whose efforts result in gaged in work that it is in violation of the gether to show their support for bringing the internationally accepted standards that en- Convention; Olympic Games to Chicago, Illinois in 2016; hance public safety and provide lifelong

VerDate Nov 24 2008 01:52 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JN6.045 S09JNPT1 jbell on PROD1PC69 with SENATE S6388 CONGRESSIONAL RECORD — SENATE June 9, 2009 learning and technical exchange opportuni- Sec. 2. The Senate Legal Counsel is author- care home like those provided by health cen- ties that benefit the global engineering and ized to represent Dianne Liepa, and any ters, which serve as a proven model of health technology community; and other employee from whom evidence may be care delivery that assures high-quality and Whereas ASME honors the dedicated vol- sought, in connection with the testimony au- cost-effective health care in every State of unteers who participate in their codes and thorized in section one of this resolution. the Nation: Now, therefore, be it standards and conformity assessment pro- f Resolved by the Senate (the House of Rep- grams, which today are a global operation resentatives concurring), That— involving more than 4,000 individuals: Now, SENATE CONCURRENT RESOLU- (1) all individuals should have the choice of therefore, be it TION 25—RECOGNIZING THE a community health center as their health Resolved, That the Senate— VALUE AND BENEFITS THAT care home and every health center should be (1) congratulates ASME on the 125th anni- COMMUNITY HEALTH CENTERS appropriately reimbursed for the high-value versary of its renowned codes and standards PROVIDE AS HEALTH CARE preventive and primary care they provide; activity; HOMES FOR OVER 18,000,000 INDI- (2) health care reform should include meas- (2) recognizes and celebrates the achieve- VIDUALS, AND THE IMPORTANCE ures to expand community health centers in ments of all ASME volunteer members and OF ENABLING HEALTH CENTERS order to reach more individuals who need a staff who participate in the codes and stand- health care home; ards programs; AND OTHER SAFETY NET PRO- (3) the current payment mechanisms for (3) expresses the gratitude of the people of VIDERS TO CONTINUE TO OFFER Federally-qualified health centers through the United States for the contributions pro- ACCESSIBLE, AFFORDABLE, AND Medicaid and the Children’s Health Insur- vided by ASME’s codes and standards to the CONTINUOUS CARE TO THEIR ance Program are essential to ensuring ac- health, safety, and economic well-being of CURRENT PATIENTS AND TO cess to affordable and high-quality preven- the citizenry of this Nation; EVERY AMERICAN WHO LACKS tive and primary care services for bene- (4) recognizes ASME’s focus on global and ACCESS TO PREVENTIVE AND ficiaries of such programs; accessible standards development and their PRIMARY CARE SERVICES (4) any expansion of private insurance vision for technical competence and innova- must include mechanisms to ensure the full tion; Mr. MENENDEZ (for himself and Ms. participation of, and appropriate reimburse- (5) recognizes ASME’s mission to be the es- STABENOW) submitted the following ment to, Federally-qualified health centers sential resource for mechanical engineers concurrent resolution; which was re- and other safety net providers in order to en- and other technical professionals throughout ferred to the Committee on Finance: sure adequate access to care for those indi- the world for solutions that benefit human- S. CON. RES. 25 viduals who are medically underserved or kind; and disenfranchised; and Whereas a strong system of health care (6) directs the Secretary of the Senate to (5) ensuring access to all safety net pro- safety net providers is vital to ensuring that transmit an enrolled copy of this resolution viders, including Federally-qualified health any health care system address access, cost, to the president of ASME. centers, will be vital to ensuring that health and quality challenges while providing care care reform is successful in expanding ac- f for the most vulnerable individuals and com- cess, improving quality, and reducing cost. munities; SENATE RESOLUTION 180—TO AU- Whereas community health centers cur- f THORIZE TESTIMONY AND rently form the backbone of the health care LEGAL REPRESENTATION IN safety net for the United States, caring for NOTICES OF HEARINGS UNITED STATES V. EDWARD more than 1 out of every 5 uninsured low-in- COMMITTEE ON RULES AND ADMINISTRATION BLOOMER, FRANK CORDARO, come Americans and providing almost 1 out Mr. SCHUMER. Mr. President, I wish of every 5 office visits under Medicaid and ELTON DAVIS, CHESTER GUINN, to announce that the Committee on AND RENEE ESPELAND the Children’s Health Insurance Program; Whereas more than 60,000,000 individuals in Rules and Administration will meet on Mr. REID (for himself and Mr. the United States are medically Wednesday, June 10, 2009, at 2:30 p.m. MCCONNELL) submitted the following disenfranchised, lacking access to primary to hear testimony on the nomination resolution; which was considered and care services like those provided by health of John J. Sullivan to be a member of agreed to: centers and other safety net providers, re- the Federal Election Commission. gardless of insurance coverage; For further information regarding S. RES. 180 Whereas health centers effectively remove Whereas, in the cases of United States v. barriers to care by providing cost-effective, this hearing, please contact Jean Edward Bloomer (CVB# H5049055), Frank high-quality, and comprehensive preventive Bordewich at the Rules and Adminis- Cordaro (CVB# H5049056), Elton Davis (CVB# and primary health care, as well as effective tration Committee, 202–224–6352. H5049058), Chester Guinn (CVB# H5049093), care management for individuals with chron- COMMITTEE ON RULES AND ADMINISTRATION and Renee Espeland (CVB# H5049095), pend- ic conditions; Mr. SCHUMER. Mr. President, I wish ing in federal district court in the Southern Whereas health centers have compiled a to announce that the Committee on District of Iowa, the prosecution has sought well-documented record of reducing health testimony from Dianne Liepa, a former em- disparities and improving patient health out- Rules and Administration will meet on ployee of Senator Tom Harkin; comes, lowering the overall cost of care for Wednesday, June 10, 2009, at 3 p.m., Whereas, pursuant to sections 703(a) and their patients by 41 percent as compared to upon completion of the FEC confirma- 704(a)(2) of the Ethics in Government Act of individuals who receive care elsewhere, and tion hearing, to conduct an executive 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the generating $18,000,000,000 in savings each business meeting to consider the nomi- Senate may direct its counsel to represent year for the health care system; nation of John J. Sullivan to be a former employees of the Senate with respect Whereas an expansion of the highly effec- member of the Federal Election Com- to any subpoena, order, or request for testi- tive Health Centers Program to provide a mission. mony relating to their official responsibil- health care home for all 60,000,000 medically ities; disenfranchised Americans would increase For further information regarding Whereas, by the privileges of the Senate of the overall savings that health centers gen- this hearing, please contact Jean the United States and Rule XI of the Stand- erate for the health care system to up to Bordewich at the Rules and Adminis- ing Rules of the Senate, no evidence under $80,000,000,000 each year; tration Committee, 202–224–6352. the control or in the possession of the Senate Whereas Congress has recognized the value f may, by the judicial or administrative proc- of the care that health centers provide to ess, be taken from such control or possession those enrolled in Medicaid and the Children’s AUTHORITY FOR COMMITTEES TO but by permission of the Senate; Health Insurance Program by making their MEET Whereas, when it appears that evidence services a guaranteed benefit and estab- under the control or in the possession of the lishing a mechanism to appropriately reim- COMMITTEE ON ENERGY AND NATURAL Senate may promote the administration of burse health centers for the quality care RESOURCES justice, the Senate will take such action as that they provide; Mr. LEAHY. Mr. President, I ask will promote the ends of justice consistent Whereas private insurance often does not unanimous consent that the Com- with the privileges of the Senate: Now, appropriately reimburse safety net providers mittee on Energy and Natural Re- therefore, be it like health centers for the full spectrum of sources be authorized to meet during Resolved that Dianne Liepa is authorized to care they provide, forcing health centers to the session of the Senate on Tuesday, testify in the cases of United States v. Ed- subsidize under-payments for their privately ward Bloomer, Frank Cordaro, Elton Davis, insured patients by diverting funds intended June 9, 2009 at 10 a.m., in room SD–366 Chester Guinn, and Renee Espeland, except to support care for those in need; and of the Dirksen Senate Office Building. concerning matters for which a privilege Whereas millions of Americans in under- The PRESIDING OFFICER. Without should be asserted. served communities are in need of a health objection, it is so ordered.

VerDate Nov 24 2008 03:52 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JN6.044 S09JNPT1 jbell on PROD1PC69 with SENATE June 9, 2009 CONGRESSIONAL RECORD — SENATE S6389 COMMITTEE ON ENVIRONMENT AND PUBLIC UNANIMOUS CONSENT A resolution (S. Res. 176) expressing the WORKS AGREEMENT—H.R. 1256 sense of the Senate on United States policy Mr. LEAHY. Mr. President, I ask during the political transition in Zimbabwe, Mr. WHITEHOUSE. Mr. President, I and for other purposes. unanimous consent that the Com- ask unanimous consent that on mittee on Environment and Public There being no objection, the Senate Wednesday, June 10, following a period proceeded to consider the resolution. Works be authorized to meet during for morning business, the Senate then the session of the Senate on Tuesday, Mr. WHITEHOUSE. Mr. President, I resume consideration of H.R. 1256, and ask unanimous consent that the reso- June 9, 2009 at 9:30 a.m. in room 406 of all postcloture time having expired, the Dirksen Senate Office Building. lution be agreed to, the preamble be there then be an hour of debate only agreed to, the motions to reconsider be The PRESIDING OFFICER. Without prior to a vote on the motion to invoke objection, it is so ordered. laid upon the table, with no inter- cloture on H.R. 1256, with the time vening action or debate, and that any COMMITTEE ON FOREIGN RELATIONS equally divided and controlled between statements relating to the resolution Mr. LEAHY. Mr. President, I ask Senators DODD and ENZI or their des- be printed in the RECORD. unanimous consent that the Com- ignees; that upon the use or yielding The PRESIDING OFFICER. Without mittee on Foreign Relations be author- back of that time and disposition of objection, it is so ordered. ized to meet during the session of the amendment No. 1256, the substitute The resolution (S. Res. 176) was Senate on Tuesday, June 9, 2009, at 10 amendment be agreed to and the mo- agreed to. a.m. tion to reconsider be laid upon the The preamble was agreed to. The PRESIDING OFFICER. Without table, the bill be read a third time, and The resolution, with its preamble, objection, it is so ordered. the Senate then proceed to vote on the reads as follows: motion to invoke cloture on H.R. 1256; S. RES. 176 COMMITTEE ON FOREIGN RELATIONS that if cloture is invoked on H.R. 1256, Mr. LEAHY. Mr. President, I ask Whereas, over the course of the last dec- then postcloture time be considered to ade, the Zimbabwean African National unanimous consent that the Com- have begun at 12:05 a.m., Wednesday, Union-Patriotic Front (ZANU–PF), led by mittee on Foreign Relations be author- June 10, and that all postcloture time Robert Mugabe, increasingly turned to vio- ized to meet during the session of the continue to run during any recess, ad- lence and intimidation to maintain power Senate on Tuesday, June 9, 2009, at 2:30 journment, or period for morning busi- amidst government-directed economic col- p.m. lapse and a growing humanitarian crisis; ness. Whereas the Department of State’s 2008 The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it is so ordered. Country Report on Human Rights Practices objection, it is so ordered. states that the Government of Zimbabwe SELECT COMMITTEE ON INTELLIGENCE f ‘‘continued to engage in the pervasive and systematic abuse of human rights, which in- Mr. LEAHY. Mr. President, I ask HONORING NATIVE AMERICANS unanimous consent that the Select creased during the year,’’ including unlawful Committee on Intelligence be author- Mr. WHITEHOUSE. Mr. President, I killings, politically-motivated abductions, ized to meet during the session of the ask unanimous consent that the Sen- state-sanctioned use of excessive force and torture by security forces against opposi- Senate on June 9, 2009, at 2:30 p.m. ate proceed to the immediate consider- ation of H.J. Res. 40, which was re- tion, student leaders, and civil society activ- The PRESIDING OFFICER. Without ists; objection, it is so ordered. ceived from the House. Whereas Zimbabwe held presidential and The PRESIDING OFFICER. The SUBCOMMITTEE ON AIRLAND parliamentary elections on March 29, 2008, clerk will report the joint resolution with official results showing that Mr. Mr. LEAHY. Mr. President, I ask by title. Mugabe won 43.2 percent of the vote, while unanimous consent that the Sub- The assistant legislative clerk read Morgan Tsvangirai, leader of the opposition committee on Airland of the Com- as follows: party Movement for Democratic Change mittee on Armed Services be author- A joint resolution (H.J. Res. 40) to honor (MDC), won 47.9 percent of the vote; ized to meet during the session of the the achievements and contributions of Na- Whereas, in the wake of those elections, Senate on Tuesday, June 9, 2009, at 2:30 tive Americans to the United States, and for Mr. Mugabe and his allies launched a brutal p.m. other purposes. campaign of violence against members and supporters of the MDC, voters and journal- The PRESIDING OFFICER. Without There being no objection, the Senate ists, and other citizens of Zimbabwe, leading objection, it is so ordered. proceeded to consider the joint resolu- Mr. Tsvangirai to withdraw from the June SUBCOMMITTEE ON THE CONSTITUTION tion. 27, 2008, runoff presidential election, which Mr. LEAHY. Mr. President, I ask Mr. WHITEHOUSE. Mr. President, I Mr. Mugabe, the only remaining candidate, unanimous consent that the Com- ask unanimous consent that the joint then won with 85 percent of the vote; resolution be read three times and Whereas, on September 15, 2008, ZANU–PF mittee on the Judiciary, Sub- and the MDC signed a ‘‘Global Political committee on the Constitution, be au- passed, the motion to reconsider be laid upon the table, with no inter- Agreement’’ (GPA) to form a transitional thorized to meet during the session of government under which Mr. Mugabe would the Senate, on June 9, 2009, at 10 a.m., vening action or debate, and that any remain President, Mr. Tsvangirai would be- in room SD–226 of the Dirksen Senate statements relating to the joint resolu- come Prime Minister, and the parties would Office Building, to conduct a hearing tion be printed in the RECORD. divide control of the ministries; entitled ‘‘The Legal, Moral, and Na- The PRESIDING OFFICER. Without Whereas the Global Political Agreement, tional Security Consequences of ‘Pro- objection, it is so ordered. as written, included provisions to restore the rule of law and economic stability and longed Detention’.’’ The joint resolution (H.J. Res. 40) was ordered to a third reading, was growth, establish a new constitution, end vi- The PRESIDING OFFICER. Without read the third time, and passed. olence by state and non-state actors, and objection, it is so ordered. promote freedom of assembly, association, f SUBCOMMITTEE ON OCEANS, ATMOSPHERE, expression, and communication; FISHERIES, AND COAST GUARD UNITED STATES POLICY DURING Whereas the installation of the transi- tional government stalled for five months as Mr. LEAHY. Mr. President, I ask POLITICAL TRANSITION IN ZIMBABWE Mr. Mugabe and his allies refused to com- unanimous consent that the Sub- promise on control of key ministries and se- committee on Oceans, Atmosphere, Mr. WHITEHOUSE. Mr. President, I curity agencies and continued to use the Fisheries, and Coast Guard of the Com- ask unanimous consent that the Sen- state security apparatus to intimidate and mittee on Commerce, Science, and ate proceed to the immediate consider- commit violence against political opponents; Transportation be authorized to meet ation of S. Res. 176, submitted earlier Whereas, according to the United Nations, during the session of the Senate on today. the humanitarian situation during that time Tuesday, June 9, 2009, at 9:30 a.m., in The PRESIDING OFFICER. The deteriorated to unprecedented levels, with an estimated 5,000,000 people in Zimbabwe sus- room 253 of the Russell Senate Office clerk will report the resolution by ceptible to food insecurity, and collapsing Building. title. water and sewerage services giving rise to a The PRESIDING OFFICER. Without The assistant legislative clerk read cholera epidemic that has resulted in the objection, it is so ordered. as follows: deaths of more than 4,000 people;

VerDate Nov 24 2008 03:52 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JN6.055 S09JNPT1 jbell on PROD1PC69 with SENATE S6390 CONGRESSIONAL RECORD — SENATE June 9, 2009 Whereas, on February 11, 2009, the parties ate proceed to the immediate consider- Whereas the Department of Labor has finally formed the transitional government; ation of S. Res. 177, submitted earlier funded 220 projects through the Inter- Whereas there has since been some today. national Program for the Elimination of progress toward the implementation of the The PRESIDING OFFICER. The Child Labor that have affected 1,300,000 chil- Global Political Agreement, including posi- clerk will report the resolution by dren in 82 countries who were rescued from tive steps by the Ministry of Finance, such or prevented from entering the worst forms as the issuance of a Short Term Economic title. of child labor; Recovery Program (STERP) and the aban- The assistant legislative clerk read Whereas in May 2000, the United States donment of the Zimbabwe dollar in favor of as follows: Government enacted the Trade and Develop- foreign currencies; A resolution (S. Res. 177) recognizing the ment Act of 2000 (Public Law 106–200), which Whereas many of the reform-minded indi- 10th anniversary of the International Labour included a provision that requires countries viduals within the new transitional govern- Organization’s unanimous adoption of Con- receiving duty-free access to the United ment are limited by a severe lack of quali- vention 182, ‘‘Concerning the Prohibition and States marketplace to take steps to imple- fied personnel and material resources; Immediate Action for the Elimination of the ment the terms of the Convention in order to Whereas the full implementation of the Worst Forms of Child Labour.’’ retain such trade privileges; Global Political Agreement continues to be There being no objection, the Senate Whereas between 2000 and 2004, the worst obstructed by hardliners in the government, proceeded to consider the resolution. forms of child labor declined worldwide, as and important issues regarding senior gov- Mr. WHITEHOUSE. Mr. President, I the overall number of child laborers fell by ernment appointments remain unresolved, ask unanimous consent that the reso- 11 percent, from 246,000,000 to 218,000,000, and notably the status of the current Reserve lution be agreed to, the preamble be the number of young child laborers was re- Bank Governor and the Attorney General; duced by 33 percent; Whereas ZANU–PF officials have made ef- agreed to, the motions to reconsider be laid upon the table, with no inter- Whereas between 2000 and 2004, the number forts to obstruct implementation of the of children between 5 and 17 years of age who Global Political Agreement as they continue vening action or debate, and any state- performed hazardous work fell by 26 percent, to arrest legitimate journalists and human ments related to the resolution be from 171,000,000 to 126,000,000; and rights activists and delay the swearing into printed in the RECORD. Whereas on the 10th anniversary of its office of properly designated officials nomi- The PRESIDING OFFICER. Without adoption, a total of 183 countries have rati- nated by MDC; and objection, it is so ordered. fied the Convention: Now, therefore, be it Whereas the security forces continue to op- The resolution (S. Res. 177) was Resolved, That it is the sense of the Senate erate outside the rule of law, condoning land agreed to. that— invasions, restrictions on media access and The preamble was agreed to. (1) the worst forms of child labor should freedoms, and harassment, arbitrary arrests, The resolution, with its preamble, not be tolerated, whether they occur in the and detention of civil society activists in reads as follows: United States or other countries; and Zimbabwe: Now, therefore, be it (2) on the 10th anniversary of its adoption, S. RES. 177 Resolved, That it is the sense of the Senate all parties to Convention 182, ‘‘Concerning that the United States Government, in co- Whereas on June 17, 1999, the International the Prohibition and Immediate Action for ordination with other democratic govern- Labour Organization (ILO) unanimously the Elimination of the Worst Forms of Child ments and international institutions desir- adopted Convention 182, ‘‘Concerning the Labour’’, done at Geneva June 17, 1999 (T. ing to help the people of Zimbabwe, should— Prohibition and Immediate Action for the Doc. 106–5), should work toward its full im- (1) continue to provide humanitarian as- Elimination of the Worst Forms of Child plementation to realize the goal of elimi- Labour’’, done at Geneva (T. Doc. 106-5) (in sistance to meet the urgent needs of the peo- nating the worst forms of child labor. ple of Zimbabwe; this preamble referred to as the ‘‘Conven- (2) make available increased resources for tion’’); f nongovernmental entities to provide assist- Whereas on August 5, 1999, President Wil- SUPPORTING OLYMPIC DAY ance and to pay salaries or fees to appro- liam Jefferson Clinton submitted the Con- priately qualified people in Zimbabwe to en- vention to the Senate for its advice and con- Mr. WHITEHOUSE. Mr. President, I able progress to be made in the critical areas sent; ask unanimous consent that the Sen- of education, health, water, and sanitation; Whereas on October 21, 1999, the Com- ate proceed to the immediate consider- (3) welcome and encourage responsible ef- mittee on Foreign Relations of the Senate, ation of S. Res. 178 submitted earlier forts by the international community to sup- under the chairmanship of Senator Jesse today. port, strengthen, and extend reforms made Helms, considered the Convention, and on The PRESIDING OFFICER. The by ministries within the Government of November 3, 1999, reported it out of com- mittee; clerk will report the resolution by Zimbabwe, especially the Ministry of Fi- title. nance; Whereas on November 5, 1999, the Senate (4) provide concrete financial and technical unanimously agreed to the resolution of ad- The assistant legislative clerk read assistance in response to requests from the vice and consent to the ratification of the as follows: people of Zimbabwe and civil society organi- Convention; A resolution (S. Res. 178) supporting Olym- zations in their efforts to draft and enact a Whereas on December 2, 1999, President pic Day on June 23, 2009, and encouraging the new constitution based on democratic values Clinton signed the instruments of ratifica- International Olympic Committee to select and principles that would enable the country tion of the Convention, as the United States Chicago, Illinois, as the host city for the 2016 to hold fair and free elections at an early became the third country to ratify the Con- Olympic and Paralympic Games. vention; date; There being no objection, the Senate (5) work with and encourage regional gov- Whereas the terms of the Convention apply to all children under 18 years of age and de- proceeded to consider the resolution. ernments and leaders to promote human Mr. WHITEHOUSE. Mr. President, I rights, the restoration of the rule of law, and fine the worst forms of child labor to include economic growth in Zimbabwe; slavery and practices similar to slavery (in- ask unanimous consent that the reso- (6) maintain the existing ban on the trans- cluding the sale and trafficking of children), lution be agreed to, the preamble be fer of defense items and services and the sus- forced or compulsory labor, debt bondage agreed to, the motions to reconsider be pension of most non-humanitarian govern- and serfdom, child prostitution and child laid upon the table, with no inter- ment-to-government assistance until there is pornography, the use of children in illegal vening action or debate, and any state- activities (including drug production and demonstrable progress toward restoring the ments related to the resolution be rule of law, civilian control over security trafficking), and work that is likely to jeop- ardize the health, safety, or morals of chil- printed in the RECORD. forces, and respect for human rights in The PRESIDING OFFICER. Without Zimbabwe; and dren; (7) support the continuation and updating Whereas the stated goals of the Convention objection, it is so ordered. of financial sanctions and travel bans tar- include the effective elimination of the The resolution (S. Res. 178) was geted against those individuals responsible worst forms of child labor, ensuring that the agreed to. for the deliberate breakdown of the rule of parties take into account the importance of The preamble was agreed to. law, politically motivated violence, and free basic education, removal of children The resolution, with its preamble, other ongoing illegal activities in Zimbabwe. from all work that is in violation of the Con- reads as follows: vention, and provision of rehabilitation and f social integration for children who have en- S. RES. 178 RECOGNIZING 10TH ANNIVERSARY gaged in work that it is in violation of the Whereas Olympic Day, June 23, 2009, cele- OF ILO ADOPTION OF CONVEN- Convention; brates the Olympic ideal of developing peace TION 182 Whereas since 1995, the United States has through sport; become the largest contributor to the ILO’s Whereas June 23 marks the anniversary of Mr. WHITEHOUSE. Mr. President, I International Program for the Elimination the founding of the modern Olympic move- ask unanimous consent that the Sen- of Child Labor; ment, the date on which the Congress of

VerDate Nov 24 2008 03:52 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JN6.009 S09JNPT1 jbell on PROD1PC69 with SENATE June 9, 2009 CONGRESSIONAL RECORD — SENATE S6391 Paris approved the proposal of Pierre de members worldwide, is a premier profes- The PRESIDING OFFICER. The Coubertin to found the modern Olympics; sional organization serving the engineering clerk will report the resolution by Whereas for more than 100 years, the and technical community through high-qual- title. Olympic movement has built a more peaceful ity programs in the development and main- The assistant legislative clerk read tenance of codes and standards, continuing and better world by educating young people as follows: through amateur athletics, by bringing to- education, research, conferences, publica- gether athletes from many countries in tions, and government relations; A resolution (S. Res. 180) to authorize tes- friendly competition, and by forging new re- Whereas in 2009, ASME is celebrating its timony and legal representation in the lationships bound by friendship, solidarity, 125th anniversary of codes and standards de- United States v. Edward Bloomer, Frank and fair play; velopment, commemorating a rich history of Cordaro, Elton Davis, Chester Guinn and Whereas the United States and Chicago, Il- engineering progress, technological safety, Renee Espeland. linois advocate the ideals of the Olympic and service to industry and government; There being no objection, the Senate movement; Whereas the ASME codes and standards ac- proceeded to consider the resolution. Whereas hundreds of local governments tivity began in a period of rising industrial- Mr. REID. Mr. President, this resolu- from across the United States are joining to- ization in the United States and grew in tion concerns a request for testimony gether to show their support for bringing the stature and influence as technology ad- vanced and new industries were born; and representation in actions in Fed- Olympic Games to Chicago, Illinois in 2016; eral District Court in the Southern Whereas Olympic Day will encourage the Whereas a significant achievement in the development of Olympic and Paralympic history of ASME includes the issuance of the District of Iowa. In these actions, pro- Sport in the United States; first ASME Boiler Code in 1914; testers have been charged with imped- Whereas Olympic Day encourages the par- Whereas the ASME Boiler and Pressure ing or disrupting the performance of of- ticipation of youth of the United States in Vessel Code has since been incorporated into ficial duties by Government employees Olympic and Paralympic sport; the laws of all 50 States and is also ref- for occupying Senator TOM HARKIN’s Whereas Olympic Day will encourage the erenced in Canada and other parts of the Des Moines, IA office on February 25, teaching of Olympic history, health, arts, world; Whereas since the publication of its first 2009, and for refusing requests by the and culture among the youth of the United Federal Protective Service and the States; performance test code 125 years ago, titled Whereas Olympic Day will encourage the ‘‘Code for the Conduct of Trials of Steam local police to leave the building. The youth of the United States to support the Boilers’’, ASME has developed more than 500 prosecution has sought testimony from Olympic movement and the selection of Chi- technical standards for pressure vessel tech- a former member of the Senator’s staff cago, Illinois as the host city for the 2016 nology, electric and nuclear power facilities, who witnessed the relevant events. elevators and escalators, gas pipelines, engi- Olympic and Paralympic Games; and Senator HARKIN would like to cooper- neering drawing practices, and numerous Whereas enthusiasm for Olympic and ate by providing testimony from that Paralympic sport is at an all-time high: other technical and engineered products and processes; person. This resolution would author- Now, therefore, be it ize that person to testify in connection Resolved, That the Senate— Whereas ASME codes and standards and (1) supports Olympic Day 2009 and the conformity assessment programs are pres- with these actions, with representation goals that Olympic Day pursues; and ently used in more than 100 countries; by the Senate Legal Counsel of her and (2) encourages the International Olympic Whereas ASME’s celebration of its 125 any other employee from whom evi- Committee to select Chicago, Illinois as the years of codes and standards development is dence may be sought. host city for the 2016 Olympic and a tribute to the dedicated service of tech- Mr. WHITEHOUSE. I ask unanimous Paralympic Games. nical experts and staff whose efforts result in internationally accepted standards that en- consent the resolution be agreed to, f hance public safety and provide lifelong the preamble be agreed to, the motions learning and technical exchange opportuni- to reconsider be laid upon the table, CONGRATULATING THE AMERICAN ties that benefit the global engineering and with no intervening action or debate, SOCIETY OF MECHANICAL ENGI- technology community; and and any statements be printed in the NEERS Whereas ASME honors the dedicated vol- RECORD. Mr. WHITEHOUSE. Mr. President, I unteers who participate in their codes and The PRESIDING OFFICER. Without standards and conformity assessment pro- objection, it is so ordered. ask unanimous consent that the Sen- grams, which today are a global operation ate proceed to the immediate consider- The resolution (S. Res. 180) was involving more than 4,000 individuals: Now, agreed to. ation of S. Res. 179 submitted earlier therefore, be it today. Resolved, That the Senate— The preamble was agreed to. The resolution, with its preamble, The PRESIDING OFFICER. The (1) congratulates ASME on the 125th anni- reads as follows: clerk will report the resolution by versary of its renowned codes and standards title. activity; S. RES. 180 The assistant legislative clerk read (2) recognizes and celebrates the achieve- Whereas, in the cases of United States v. ments of all ASME volunteer members and Edward Bloomer (CVB# H5049055), Frank as follows: staff who participate in the codes and stand- Cordaro (CVB# H5049056), Elton Davis (CVB# A resolution (S. Res. 179) congratulating ards programs; H5049058), Chester Guinn (CVB# H5049093), the American Society of Mechanical Engi- (3) expresses the gratitude of the people of and Renee Espeland (CVB# H5049095), pend- neers on its 125 years of codes and standards the United States for the contributions pro- ing in federal district court in the Southern development. vided by ASME’s codes and standards to the District of Iowa, the prosecution has sought There being no objection, the Senate health, safety, and economic well-being of testimony from Dianne Liepa, a former em- proceeded to consider the resolution. the citizenry of this Nation; ployee of Senator Tom Harkin; Whereas, pursuant to sections 703(a) and Mr. WHITEHOUSE. Mr. President, I (4) recognizes ASME’s focus on global and accessible standards development and their 704(a)(2) of the Ethics in Government Act of ask unanimous consent that the reso- vision for technical competence and innova- 1978, 2 U.S.C. §§ 1A 288b(a) and 288c(a)(2), the lution be agreed to, the preamble be tion; Senate may direct its counsel to represent agreed to, the motions to reconsider be (5) recognizes ASME’s mission to be the es- former employees of the Senate with respect laid upon the table, with no inter- sential resource for mechanical engineers to any subpoena, order, or request for testi- vening action or debate, and any state- and other technical professionals throughout mony relating to their official responsibil- ments related to resolution be printed the world for solutions that benefit human- ities; Whereas, by the privileges of the Senate of in the RECORD. kind; and the United States and Rule XI of the Stand- The PRESIDING OFFICER. Without (6) directs the Secretary of the Senate to transmit an enrolled copy of this resolution ing Rules of the Senate, no evidence under objection, it is so ordered. to the president of ASME. the control or in the possession of the Senate The resolution (S. Res. 179) was may, by the judicial or administrative proc- f agreed to. ess, be taken from such control or possession The preamble was agreed to. AUTHORIZING TESTIMONY AND but by permission of the Senate; The resolution, with its preamble, LEGAL REPRESENTATION Whereas, when it appears that evidence reads as follows: under the control or in the possession of the Mr. WHITEHOUSE. Mr. President, I Senate may promote the administration of S. RES. 179 now ask unanimous consent that the justice, the Senate will take such action as Whereas the American Society of Mechan- Senate proceed to the immediate con- will promote the ends of justice consistent ical Engineers (ASME), which was founded in sideration of S. Res. 180, submitted ear- with the privileges of the Senate: Now, 1880 and currently includes more than 127,000 lier today. therefore, be it

VerDate Nov 24 2008 03:52 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JN6.011 S09JNPT1 jbell on PROD1PC69 with SENATE S6392 CONGRESSIONAL RECORD — SENATE June 9, 2009

Resolved that Dianne Liepa is authorized to CONSUMER PRODUCT SAFETY COMMISSION To be captain testify in the cases of United States v. Ed- INEZ MOORE TENENBAUM, OF SOUTH CAROLINA, TO BE LISA M. BAUER ward Bloomer, Frank J. Cordaro, Elton CHAIRMAN OF THE CONSUMER PRODUCT SAFETY COM- JEFFREY GARCIA Davis, Chester Guinn, and Renee Espeland, MISSION, VICE HAROLD D. STRATTON, RESIGNED. SAMUEL G. JOHNSON INEZ MOORE TENENBAUM, OF SOUTH CAROLINA, TO BE DAVID W. KACZOROWSKI except concerning matters for which a privi- A COMMISSIONER OF THE CONSUMER PRODUCT SAFETY JAMES D. KIELEK lege should be asserted. COMMISSION FOR A TERM OF SEVEN YEARS FROM OCTO- LEONARD A. KIOLBASA SEC. 2. The Senate Legal Counsel is author- BER 27, 2006, VICE HAROLD D. STRATTON, RESIGNED. MICHAEL L. MULLINS ized to represent Dianne Liepa, and any ROBERT S. ADLER, OF NORTH CAROLINA, TO BE A COM- EDWARD G. OESTREICHER MISSIONER OF THE CONSUMER PRODUCT SAFETY COM- CHRISTOPHER D. PEARCE other employee from whom evidence may be MISSION FOR A TERM OF SEVEN YEARS FROM OCTOBER JOSEPH E. STRICKLAND 27, 2007, VICE STUART M. STATLER, RESIGNED. sought, in connection with the testimony au- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT thorized in section one of this resolution. DEPARTMENT OF STATE TO THE GRADE INDICATED IN THE UNITED STATES NAVY RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: f MARIA OTERO, OF THE DISTRICT OF COLUMBIA, TO BE AN UNDER SECRETARY OF STATE (DEMOCRACY AND To be captain ORDERS FOR WEDNESDAY, JUNE GLOBAL AFFAIRS), VICE PAULA J. DOBRIANSKY, RE- 10, 2009 SIGNED. DWAIN ALEXANDER II KENNETH H. MERTEN, OF VIRGINIA, A CAREER MEM- MONTE R. DEBOER Mr. WHITEHOUSE. Mr. President, I BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- JILL R. JAMES SELOR, TO BE AMBASSADOR EXTRAORDINARY AND DANIEL G. JONES ask unanimous consent that when the PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA DAVID N. KARPEL Senate completes its business today, it TO THE REPUBLIC OF HAITI. KEVIN M. KELLY JEAN M. KILKER adjourn until 9:30 a.m., tomorrow, DEPARTMENT OF LABOR JOHN M. PRICE Wednesday, June 10; that following the WILLIAM E. SPRIGGS, OF VIRGINIA, TO BE AN ASSIST- DAVID M. STAUSS prayer and the pledge, the Journal of ANT SECRETARY OF LABOR, VICE LEON R. SEQUEIRA, RE- JAMES A. TALBERT SIGNED. THOMAS H. VANHORN proceedings be approved to date, the THOMAS E. WALLACE IN THE AIR FORCE morning hour be deemed expired, the THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT time for the two leaders be reserved for THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- TO THE GRADE INDICATED IN THE UNITED STATES NAVY MENT IN THE GRADE INDICATED IN THE RESERVE OF RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: their use later in the day, and there be THE AIR FORCE UNDER TITLE 10, U.S.C., SECTION 12203(A): To be captain a period of morning business for 1 hour To be colonel JAMES F. ARMSTRONG with Senators permitted to speak for JEFFREY A. LEWIS up to 10 minutes each, with the time KATHARINE E. BEASLEY IN THE NAVY EDNA M. CANDELARIO equally divided and controlled between ALISON P. EAGLETON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LAUREN A. EVANS the two leaders or their designees, with TO THE GRADE INDICATED IN THE UNITED STATES NAVY DEANA M. GALLEGOS Republicans controlling the first half RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: DEBRA S. HALL ARTHUR B. HANLEY, JR. and the majority controlling the sec- To be captain AMEY HEATHRILEY ond half; and that following morning VINCENT P. CLIFTON LINDA M. JACOBSON PATRICK J. COOK LORI V. KARNES business, the Senate resume consider- PAULA J. LOVELETT ation of H.R. 1256, the Family Smoking THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAWN D. PESTI TO THE GRADE INDICATED IN THE UNITED STATES NAVY RHODA S. A. POWERS Prevention and Tobacco Control Act, RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: MARK C. SEBASTIAN under the previous order. To be captain TERESA L. SMITH The PRESIDING OFFICER. Without JODY L. STANLEY DAVID J. BUTLER KIMBERLY A. SZYMANSKI objection, it is so ordered. JON E. CUTLER JULIE A. ZAPPONE f THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVY PROGRAM RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: To be captain Mr. WHITEHOUSE. Mr. President, To be captain under the previous order, at approxi- BARRY C. DUNCAN GREGORY GANSER WILLIAM E. BUTLER mately 11:30 a.m., the Senate will vote SCOTT H. HAHN ROBERT F. CASAGRAND JAMES E. PARKHILL THOMAS D. CHASE on the motion to invoke cloture on EDWARD C. CHEVALIER H.R. 1256. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CRAIG P. DOYLE TO THE GRADE INDICATED IN THE UNITED STATES NAVY CHARLES M. FUTRELL f RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: JOHN D. LAZZARO To be captain RANDALL J. RAMIAN ADJOURNMENT UNTIL 9:30 A.M. RONALD R. SHIMKOWSKI TOMORROW DAVID A. BIANCHI JONATHAN D. WALLNER SUBRATO J. DEB THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT Mr. WHITEHOUSE. If there is no fur- ROBERT B. GHERMAN TO THE GRADE INDICATED IN THE UNITED STATES NAVY DOMINIC A. JOHNSON RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: ther business to come before the Sen- JOSEPH J. KOCHAN III ate, I ask unanimous consent it ad- DAVID C. LU To be captain journ under the previous order. STEPHEN H. MACDONALD KEVIN C. MCCORMICK ROBERT J. CAREY There being no objection, the Senate, DENNIS P. MCKENNA JOHN W. DEBERARD at 7:37 p.m., adjourned until Wednes- DOUGLAS L. MCPHERSON PAUL DEMONCADA CURTIS R. POWELL DONALD L. MACONI day, June 10, 2009, at 9:30 a.m. ALAN M. SPIRA JOSEPH B. MATIS TROND A. STOCKENSTROM ALAN R. REDMON f DAVID J. STROH THOMAS D. ROACH BRUCE T. THOMPSON GARY L. ROUSE NOMINATIONS SARAH WALTON GEORGE D. STEFFEN Executive nominations received by THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAVID J. SVENDSGAARD, JR. TO THE GRADE INDICATED IN THE UNITED STATES NAVY GLENN A. TOOTLE the Senate: RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: BRIAN S. VINCENT

VerDate Nov 24 2008 01:52 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00074 Fmt 0624 Sfmt 9801 E:\CR\FM\A09JN6.014 S09JNPT1 jbell on PROD1PC69 with SENATE June 9, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1345 EXTENSIONS OF REMARKS

HONORING MAYOR GIGI GRUBER church’s efforts to provide a Friday night safe HONORING WILL ORR FOR HIS AP- haven for other youth in his neighborhood. At POINTMENT TO THE UNITED HON. PETER J. ROSKAM the age of 16, Mr. Burgos worked on a polit- STATES MILITARY ACADEMY OF ILLINOIS ical campaign that made him realize political participation was the necessary means to ef- IN THE HOUSE OF REPRESENTATIVES HON. PHIL GINGREY fecting real change in communities like East OF GEORGIA Tuesday, June 9, 2009 New York. While in college he learned of the IN THE HOUSE OF REPRESENTATIVES Mr. ROSKAM. Madam Speaker, I rise today community organizing work of other young Tuesday, June 9, 2009 to honor a dedicated public servant from my Latinos around the country and this shaped Mr. GINGREY of Georgia. Madam Speaker, Congressional District, Mayor Claudia ‘‘Gigi’’ his future in critical ways. I rise today to recognize a young man from Gruber of Itasca. After twelve years as Mayor, Throughout his twenties, Mr. Burgos worked Georgia’s 11th Congressional District who has Gigi is stepping down. in his church as a youth mentor providing distinguished himself as an excellent student In her first experience with elected public of- youth programming and a safe haven for and leader and has committed to serving his fice, Gigi served one term as a Village Trustee teens. He worked in several nonprofits such country. I am proud to announce that William in Itasca. Then, in May 1997, Gigi was elected as Cypress Hills LDC and the East New York Orr from Rome, Georgia, has received an ap- Mayor of Itasca. Over the years, Gigi has Urban Youth Corps (ENYUYC) as a director pointment to the United States Military Acad- been an insightful observer, keen in her un- for afterschool programming. While working for emy. Will attends Darlington School, where he derstanding of the long-term challenges facing ENYUYC Mr. Burgos partnered with local po- has a 3.93 Grade Point Average and has the Village. Throughout her career, she has lice, community leaders, residents and mer- been selected as a member of the National tackled these challenges with deft skill, deep chants in a pilot program called Community Honor Society. In addition to his academic understanding, and strong personal integrity. Safety Initiative (CSI) to create a powerful achievements, Will has also been an athletic While constant change has brought a problem solving consortium that was directly star for Darlington, where he has played on steady stream of new difficulties for Itasca to responsible for significant drops in violent Darlington’s football, basketball, and soccer confront, one thing has remained the same. crime. During this time, Mr. Burgos served as teams. He has earned varsity letters in four Mayor Gruber has kept a steady hand to the co-writer of the East New York Weed & Seed. sports while at Darlington and was a captain wheel, advising the Village Board and working Today Mr. Burgos continues his work as a on the football team for two years. Will is also tirelessly for the benefit of the community and technical assistance provider on the local very dedicated to public service and has par- her residents. level, giving back to community projects that ticipated in multiple mission trips with his Gigi Gruber has been an advocate for the he helped build years ago. He has authored church. Further, he has been selected to be a people of Itasca since her very first days in of- many papers on community-based collabo- part of West Point’s Summer Leadership Sem- fice. Gigi truly embodies the meaning of a rative problem solving and he developed a inar. public servant as she approaches her job with training guide on the same subject. His busi- Will Orr is an incredibly well-rounded young compassion and humility. In her time with the ness, Rare Arts, is the mold of his writing and man, and I am honored to have the privilege Village, she has shown true leadership to designing skills. to nominate him for an appointment to the bring economic development to the area. Gigi U.S. Military Academy. I ask that my col- has improved all of our lives and left an indel- Madam Speaker, I urge my colleagues to join me in recognizing Manuel Burgos. leagues take this time to congratulate Will as ible impression on the Village of Itasca. well as his parents, James and Jo Orr, for all Madam Speaker and Distinguished Col- of his accomplishments. It is because of dedi- leagues, Gigi Gruber is a remarkable leader f cated young people like Will that America has who has dedicated her life to serving the peo- the finest military in the world. Our nation is ple of Itasca. Please join me in recognizing AARON MENDOZA fortunate to have his service. her extraordinary service and wishing her f every happiness in her life’s upcoming en- HON. ED PERLMUTTER deavors. PERSONAL EXPLANATION OF COLORADO f IN THE HOUSE OF REPRESENTATIVES A TRIBUTE IN REMEMBRANCE OF HON. JOHN M. McHUGH OF NEW YORK MANUEL BURGOS Tuesday, June 9, 2009 IN THE HOUSE OF REPRESENTATIVES HON. EDOLPHUS TOWNS Mr. PERLMUTTER. Madam Speaker, I rise Tuesday, June 9, 2009 today to recognize and applaud Aaron Men- C OF NEW YORK Mr. M HUGH. Madam Speaker, on Thurs- doza who has received the Arvada Wheat day, May 21, 2009, I was unavoidably delayed IN THE HOUSE OF REPRESENTATIVES Ridge Service Ambassadors for Youth award. and unable to vote on rollcall Nos. 288 Tuesday, June 9, 2009 Aaron Mendoza is a senior at Arvada High through 291. Had I been present, I would have School and received this award because his Mr. TOWNS. Madam Speaker, I rise today voted ‘‘yes’’ on No. 288, ‘‘yes’’ on No. 289, determination and hard work have allowed him in recognition of Manuel Burgos, a distin- ‘‘no’’ on No. 290, and ‘‘yes’’ on No. 291. to overcome adversities. guished community activist of East New York. f Manuel Burgos is a true East New Yorker The dedication demonstrated by Aaron Mendoza is exemplary of the type of achieve- TRIBUTE TO SSG JEFFREY ALAN and operates the small business Rare Arts. HALL Growing up in East New York during the ment that can be attained with hard work and 1970s enabled Mr. Burgos to see first hand perseverance. It is essential that students at how disinvestments, crime, lack of social serv- all levels strive to make the most of their edu- HON. PARKER GRIFFITH ices and inadequate healthcare effects the cation and develop a work ethic that will guide OF ALABAMA IN THE HOUSE OF REPRESENTATIVES neighborhood he is from. Mr. Burgos decided them for the rest of their lives. to enter community service to enhance the at- I extend my deepest congratulations once Tuesday, June 9, 2009 mosphere and nature of East New York. again to Aaron Mendoza for winning the Ar- Mr. GRIFFITH. Madam Speaker, I rise today Before he turned 13, Mr. Burgos had al- vada Wheat Ridge Service Ambassadors for to honor the memory of SSG Jeffrey Alan Hall. ready participated in many vacant lot clean- Youth award. I have no doubt he will exhibit On June 1, 2009, Jeffrey Hall and two other ups throughout the neighborhood. By his late the same dedication he has shown in his aca- soldiers were killed in Afghanistan by a road- teens he worked as a youth leader in his demic career to his future accomplishments. side bomb west of Kabul. Jeffrey was part of

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Nov 24 2008 04:17 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K09JN8.001 E09JNPT1 WWOODS2 on PRODPC68 with REMARKS E1346 CONGRESSIONAL RECORD — Extensions of Remarks June 9, 2009 the U.S. Army’s 2nd Battalion in the 10th Madam, Speaker, there is no question that mittees. His drive and passion for effecting Mountain Division and had achieved his life- the safety of our citizens is vital. In January of positive change are evident through his per- long goal of earning the distinction of serving 1976, when Richard was hired on to the sonal efforts and commitment to stay involved as a U.S. Army Ranger. As our nation and my Perrysburg Police Division, he rose through in community service. The vast influential rela- community struggles with this sudden loss, I the ranks to become Sergeant in 1983 and tionships he built over the years strengthened would like to pause and recognize Staff Ser- Lieutenant in 1993. The safety of its citizens is his solid position among his colleagues. Mr. geant Hall and the ultimate sacrifice paid by of upmost importance to the city. Chief Gilts Clinton served as the vice president of Pueblo him and his family. has demonstrated his commitment to this goal democratic club in Williamsburg/Bushwick. He Jeffrey was an eight-year veteran of the through his involvement in programs such as was elected as the Democratic Party’s Kings United States Army, earning many well-de- Safety Town, D.A.R.E., and the Perrysburg County delegate for Al Gore’s presidential served awards and decorations including two Police Foundation. Chief Gilts was an active candidacy. Mr. Clinton ran for the New York Army Commendation Medals, the National De- member of Rotary International, having served City Department of Education School District fense Service Medal, a NATO Medal and a as the President of the Perrysburg Rotary 32 School Board in 2002. In 2004, Mr. Clinton Global War on Terrorism Expeditionary Medal. Chapter from 2005 to 2006. ran for New York State Senate and served as This was Jeffrey’s third tour in Afghanistan. He On August 12, 2004, Chief Gilts dedicated a co-chair of the East New York and Brownsville was an American Hero who believed in his new 26,000 square foot police facility, which HIV Care Network and is currently serving as mission and told his father that this was a sac- replaced the 4800 square foot station that was chairperson of Woodhull Medical Center North rifice he was willing to make to protect his constructed at the same location in 1965. On Brooklyn Network Community Advisory Board. country and the freedoms we enjoy. August 28, 2004, Chief Gilts and the Police Mr. Clinton enjoys spending time with his Jeffrey Hall was a soldier but he was also Division assisted with operational matters dur- ten-year-old son, Ronald, coaching baseball, a loving son to his parents Charles and An- ing a visit by President George W. Bush at the basketball and wrestling. nette, a devoted husband to his wife Allison historic Fort Meigs Memorial Park. In the week Madam Speaker, I urge my colleagues to and eleven months ago became a father to leading up to the event, Chief Gilts and the join me in recognizing a man of great convic- Audrey Faith. Jeffrey loved life and his family Department were consumed by logistical and tion and dedication to community service, and the outpouring of love and affection by his tactical issues, such as procurement and Ronald S. Clinton. family and friends is the real tribute to the man placement of equipment and props, fencing, f that he was and the life that he led. barriers, site and crowd security, medical as- Staff Sergeant Hall is an inspiring example sistance, personnel scheduling and perimeter EMANUEL MENDEZ that we can all look up to and aspire to be security. like. He put the safety of all Americans before Madam Speaker, I ask my colleagues to join HON. ED PERLMUTTER his own, and the people of this nation will be me in paying special tribute for the service of OF COLORADO forever grateful. He motivated and inspired Chief Gilts. On behalf of the people of the IN THE HOUSE OF REPRESENTATIVES Fifth District of Ohio, I wish Chief Gilts all of those around him and will be greatly missed Tuesday, June 9, 2009 by all who knew him, and by those who never the best in his future endeavors. had the honor and privilege of meeting him. f Mr. PERLMUTTER. Madam Speaker, I rise today to recognize and applaud Emanuel Our country lost a great soldier and an even A TRIBUTE IN REMEMBRANCE OF Mendez who has received the Arvada Wheat better son last Monday. All of us in north Ala- RONALD S. CLINTON bama are deeply saddened by Jeffrey’s pass- Ridge Service Ambassadors for Youth award. ing. On behalf of the entire community in the HON. EDOLPHUS TOWNS Emanuel Mendez is a senior at Arvada High Tennessee Valley, across Alabama and a School and received this award because his OF NEW YORK grateful nation, I rise today to remember SSG determination and hard work have allowed him IN THE HOUSE OF REPRESENTATIVES Jeffrey Allen Hall and to pay tribute to his to overcome adversities. honor, his sacrifice and his memory. Tuesday, June 9, 2009 The dedication demonstrated by Emanuel f Mr. TOWNS. Madam Speaker, I rise today Mendez is exemplary of the type of achieve- in recognition of Ronald S. Clinton, dedicated ment that can be attained with hard work and PERSONAL EXPLANATION community leader and advocate. perseverance. It is essential that students at Ron Clinton’s remarkable twenty year expe- all levels strive to make the most of their edu- HON. JOE BACA rience is highlighted by a personal dedication cation and develop a work ethic that will guide OF CALIFORNIA to organizational effectiveness and empow- them for the rest of their lives. IN THE HOUSE OF REPRESENTATIVES ering others to succeed. He has devoted most I extend my deepest congratulations once of his professional services to the areas of as- again to Emanuel Mendez for winning the Ar- Tuesday, June 9, 2009 sessment, consultation, development, planning vada Wheat Ridge Service Ambassadors for Mr. BACA. Madam Speaker, please excuse and management services for small, mid-size Youth award. I have no doubt he will exhibit me for departing early on Thursday, June 4, and large companies. the same dedication he has shown in his aca- 2009. I left for personal reasons due to the se- Mr. Clinton graduated from Boriqua College demic career to his future accomplishments. vere illness of my brother. If I would have with a bachelor’s degree in Human Services. f been here, I would have voted for H.R. 626, He continued his graduate studies at Yeshiva the Federal Employees Paid Parental Leave University where he received his Masters of SUPPORTING BOY SCOUTS OF Act of 2009. Social Work and specialized in community or- AMERICA DAY ganizing. It was during this time that Mr. Clin- f SPEECH OF ton pursued and developed Helping Hands A SPECIAL TRIBUTE TO THE RE- Unlimited, Inc. (HHU), a not-for-profit organiza- HON. PHIL GINGREY TIREMENT OF RICHARD A. GILTS tion. It was through HHU that Mr. Clinton cre- OF GEORGIA AS PERRYSBURG POLICE CHIEF ated and committed himself to the mission of IN THE HOUSE OF REPRESENTATIVES bringing qualified health professionals into im- Monday, June 8, 2009 HON. ROBERT E. LATTA poverished communities to ensure the delivery OF OHIO of quality care. Mr. GINGREY of Georgia. Madam Speaker, IN THE HOUSE OF REPRESENTATIVES Mr. Clinton is President and Founder of in celebration of the nation’s largest youth Helping Hands Unlimited, Inc. He has rep- scouting organization’s 100th anniversary, I Tuesday, June 9, 2009 resented clients in various capacities working rise today in strong support of H. Res. 356, a Mr. LATTA. Madam Speaker, it is with a closely with inter-governmental affairs at the resolution expressing support for the designa- great deal of pride that I pay a very special city, state and federal levels ensuring the pub- tion of February 8, 2010, as ‘‘Boy Scouts of tribute to an outstanding Police Chief in the lic interest of his clients. One of his paramount America Day.’’ Fifth District of Ohio. Richard A. Gilts of goals is to build a creative and aspiring con- The Boy Scouts of America is an out- Perrysburg, Ohio has been serving the area sulting company over a strong foundation and standing organization that prepares young for Thirty-Nine years, where he was promoted guiding principles of leadership and success. men to be the future leaders of our Nation. as the Sixth Chief of Police of Perrysburg in As a community leader and activist, Mr. Since 1910, Scouting has helped mold these 2003. Clinton serves on numerous boards and com- boys by combining educational activities and

VerDate Nov 24 2008 04:17 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JN8.003 E09JNPT1 WWOODS2 on PRODPC68 with REMARKS June 9, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1347 lifelong values with fun. The Boy Scouts of increasing support to patients as they move negative cultural influences that they are chal- America understands that helping youth puts from the hospital to their new care setting and lenged with daily by opening the lines of com- our nation on a path toward a more conscien- ensuring that appropriate follow-up care is pro- munication between law enforcement and tious, responsible, and productive society. vided during this vulnerable period. The ben- youth and empowering them with confidence Scouting helps young people develop self-con- efit would be phased-in, initially targeting just and courage to say no to drugs. fidence, as well as prepare them with aca- the most at-risk individuals by providing evi- I am proud of the young boys and girls who demic, ethical, leadership, and citizenship dence-based transitional care services tailored participated in this program in Ramsey, and I skills that influence their adult lives. to their specific needs. would like to recognize them all for taking this The Boy Scouts of America builds upon I am proud to partner with Congressman step toward positive citizenship: strong traditional family values to complement BOUSTANY, a cardiothoracic surgeon, on this Mark Andersen, Michael Babikian, Samuel the education of our young men through its commonsense legislation that will improve the Berman, Brianna Bussiere, Olivia Carriero, Mi- mission of mentoring, lifelong learning, faith quality and efficiency of our health care sys- chael Cassella, Francesca De Palo, Matthew traditions, serving others, healthy living, and tem. De Pinto, Sonny Del Valle, Ross Farcas, Fiona Flood, Melanie Greenberg, Dwight Han, building character. f While various activities and youth groups Sarah Hattar, Lindsay Hoffman, Morgan teach basic skills and promote teamwork, HONORING THE INDIANA NA- Kleinberg, Julie McNamara, Justin Millet, Scouting goes beyond that and encourages TIONAL GUARD’S 1313TH ENGI- Brandon O’Callahan, Courtney Schreiber, youth to achieve a deeper appreciation for NEER COMPANY WHO WILL SOON Ryan Scialla, Nikita Serafin, Ashley Sicard, service to others in their communities. Finally, BE DEPLOYING TO IRAQ Jacob Simpson, Zachary Becher, Jessica Bell, and perhaps most importantly, Scouting pro- Jacob Berkofsky, Kaley Bogden, Michael motes activities that lead to personal responsi- HON. BARON P. HILL Brunton, Elizabeth Burch, Michael Careccia, Connor Chamberlin, Kara Checke, Emily bility and high self-esteem. As a result, when OF INDIANA Derleth, Marc Doran, Shannon Fine, Joseph hard decisions must be made, peer pressure IN THE HOUSE OF REPRESENTATIVES can be resisted and the right choices can be Frohlich, Christina Goudelias, Joseph Guthrie, Tuesday, June 9, 2009 made. Patrick Journick, Brian Lander, Elaine Les, Madam Speaker, from the beginning of the Mr. HILL. Madam Speaker, today, I would Enmanuel Lugo Abreu, Brandon Mazzola, Re- Boy Scout program to the eventual completion like to pay honor to the Indiana National becca Moya, Allison Murphy, Stephen Pirro, and rank of Eagle Scout, Boy Scouts of Amer- Guard’s 1313th Engineer Company, who will Kelly Richter, Alaina Sebes, Lucas Alvarez, ica has long trained young men in the nec- be deploying to Iraq in July and spending the Rosemary Arpino, Christopher Di Palma, Kath- essary skills that will enable them to be the fu- next year there. These brave citizen soldiers, erine Donnelly, Daniel Donovan, Ryan Faulk- ture leaders of the United States. I applaud based out of Camp Atterbury in Edinburgh, IN, ner, Thomas Feehan, Daniel Giallombardo, the efforts and the accomplishments of all of will be conducting a wide range of engineering Meredith Halik, Haruna Ishii, Kevin Johns, Me- our nation’s Boy Scouts, and specifically those missions in support of Operation Iraqi Free- lissa Lara, Devan Larson, Maria Martino, of the 11th District of Georgia, which is my dom; including searching for improvised explo- Jesse Mitchell, Megan Murphy, Mariana privilege to represent in Congress. I urge all of sive devices, building roads and bridges, and, Perez, Eric Pflugfelder, Stephen Porter, Chris- my colleagues to continue to support this hon- in general, improving lives to both our service tine Song, Austin Triglia, Kayla Vanderbilt, orable organization and the excellent young personnel in Iraq and Iraqi civilians. Siera Vari, Alexandra Aloi, Robert Beers, men that it continues to produce. I am confident that their skilled work and Joshua Bialkin, Emma Bogaenko, Megan Bosso, Gregory Botz, Carlie Capela, Joseph f dedication to duty will save lives, improve con- ditions in Iraq, and ultimately work toward the Carroll, Nicole De Franco, Matthew Donnelly, MEDICARE TRANSITION CARE ACT completion of our country’s mission in Iraq. Bridget Gregory, JohnEric Hornyak, Ashley OF 2009 I would also like to honor the families of Houser, Kenneth Kasprzak, Kevin Latz, Kellen these Guardsmen, who without their love and McDonald, Peter McNally, Kazuki Miyamoto, HON. EARL BLUMENAUER support, would make this already difficult task Amanda Nedelkoff, Bridget Quinn, Victoria OF OREGON that much more challenging. They too share in Stitz, Samantha Stollman, Caitlin Sweeney, Evan Szucs, John Alicandri, Jenna Bahnsen, IN THE HOUSE OF REPRESENTATIVES the hardships of military service, and they too deserve our utmost thanks and respect. Olivia Cseh, Matthew Desimone, Conor Dob- Tuesday, June 9, 2009 These brave Hoosier Guardsmen and their son, Olivia Gilligan, Mackenzie Juhlin, Elise Mr. BLUMENAUER. Madam Speaker, today families will be in my thoughts and prayers. Kelly, Sean Kopczynski, Kelsey Larkin, Erin I am proud to introduce the Medicare Transi- f Latz, Katherine Lenahan, Garrett Mast, Kath- tion Care Act of 2009. ryn Miller, Jennifer Monteith, Patrick O’Keefe, When people leave the hospital after an op- CONGRATULATING RAMSEY PO- Jeffrey Padovano, Jacqueline Pesco, Sean eration or illness, they are often overwhelmed LICE DEPARTMENT D.A.R.E. PRO- Riordan, Jared Schwarz, Alexander by a complicated and risky road to recovery. GRAM STUDENTS Sebastiano, Haydn Van Dyk, Lauren Venturini, Patients frequently report difficulty remem- Kaitlyn Zwerling, Sarah Ahearn, Kayla Azouri, bering clinical instructions, confusion over HON. SCOTT GARRETT Danny Balbuena, Tye Baruffaldi, Nicole medications, and, in cases where multiple pro- OF NEW JERSEY Borbone, Samuel Brickman, Gabrielle Daniels, viders are involved, often get conflicting in- IN THE HOUSE OF REPRESENTATIVES Kristen Foelsch, Anne Glerum, Jake Gursaly, structions from different providers. Providing a Josue Herrera, Siranush Hovhannisyan, Kath- transitional care benefit within Medicare will Tuesday, June 9, 2009 ryn Iannuzzi, Kazel Kapadia, Brendan Mahon, help coordinate care, develop a care plan for Mr. GARRETT of New Jersey. Madam Peter Mariani, Robert McOwen, Victoria patients and their caregivers, identify potential Speaker, today, the Ramsey Police Depart- Medlicott, David Mende, Harrison Mobbs, Jes- health risks, and prevent unnecessary hos- ment will hold its D.A.R.E. graduation cere- sica Pevny, Elena Polin, Henry Ruitenberg, pitalizations. mony with the students from the John Y. Dater Ryan Shevlin, Christopher Spittler, Kimberly This bipartisan legislation gets to the heart and St. Paul Interparochial Schools. The Tuntigian, Brita Andersen, Taylor Corbett, of improving quality while reducing costs. A young people participating in this important Julia D’Antonio, Matthew Davidson, Sean study published in April 2009 in the New Eng- program have made a commitment to say no Donnelly, Sean Donohue, Timothy Finnegan, land Journal of Medicine found that almost to drugs, underage drinking, and gang vio- Lillian Hong, Samantha Hotz, Harrison Illes, one-third of Medicare beneficiaries studied lence. They have done this with the support of Brendan Jahnke, Khadija Khan, Lily Kramer, who were discharged from a hospital were re- Chief of Police Bryan Gurney and the brave Brian Kurnentz, Lacey Laggan, Thomas hospitalized within 90 days. Additionally, one- men and women of the Ramsey Police De- Lanning, James Messina, John Milligan, half of the individuals re-hospitalized had not partment. James O’Keefe, James Pupalaikis, Alyssa visited a physician since their discharge, indi- Drug Abuse Resistance Education, or Rose, Breanna Russell, Elisa Silecchia, Kara cating a lack of follow-up care. The study esti- D.A.R.E., began as a small program in Los Sutcliffe, Anna Wanner, Jack August, Brooke mated that Medicare spent $17.4 billion in Angeles in 1983. Today, it is implemented in Bernier, Carlo Alberto Bolognini, Kelly 2004 on unplanned re-hospitalizations. more than 75 percent of our nation’s school Carolan, Jake Cataldo, Christina Cowie, The Medicare Transition Care Act will di- districts and in more than 43 other nations. Deanna De Luca, Brooke Dommenge, Mat- rectly address continuity of care problems by This program allows children to defeat the thew Eng, Jacob Englishman, Zachary

VerDate Nov 24 2008 04:17 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JN8.006 E09JNPT1 WWOODS2 on PRODPC68 with REMARKS E1348 CONGRESSIONAL RECORD — Extensions of Remarks June 9, 2009 Gampel, Evan Graf, Rio Greenshields, Bea- brating the symbol of the United States flag JUSTIN MCADOW trice Lee, Chae Young Lee, Matthew Lee, and supporting the goals and ideals of Flag Daniel Moon, Kyle Pacenza, Arpeet Patel, Day, I would have voted ‘‘yea.’’ HON. ED PERLMUTTER Emily Patunas, Madison Smith, Brooke OF COLORADO Tommaney, Hannah Tracy, Heather Wang, f IN THE HOUSE OF REPRESENTATIVES David Acampora, Antonio Belmonte, Paige Tuesday, June 9, 2009 Cassella, Michael Cirilli, Ethan Cohen, A TRIBUTE IN REMEMBRANCE OF Samantha Creamer, Athena Davis, Lia REVEREND DOCTOR PASTOR Mr. PERLMUTTER. Madam Speaker, I rise DiPiazza, Brianna Francis, Brianna Jakus, LAURENT LOUIS today to recognize and applaud Justin Matthew Lowery, Wesley Ng, Ian Quin, Basit McAdow who has received the Arvada Wheat Qurbanzada, Adam Reisfield, Alexa Remia, Ridge Service Ambassadors for Youth award. Zachary Rockefeller, Bridget Scanlon, Thomas HON. EDOLPHUS TOWNS Justin McAdow is a senior at Arvada High Scanlon, Jonathan Scheibenpflug, Shayna School and received this award because his Scott, Jeong Seo, Ashley Silecchia, Emily OF NEW YORK determination and hard work have allowed him Yankovich, Laura Branna, Kyle Buser, Dale IN THE HOUSE OF REPRESENTATIVES to overcome adversities. Cheyne, Sophia Colon, Pauline Crepy, William The dedication demonstrated by Justin Danz, Kyle DeBel, Amber Finkeldey, John Tuesday, June 9, 2009 McAdow is exemplary of the type of achieve- Gaffney, Lina Hyman, Julianne Kadien, Alex- ment that can be attained with hard work and Mr. TOWNS. Madam Speaker, I rise today andra Kilkenny, Julia Kissel, Kendall perseverance. It is essential that students at Magennis, Thomas McCormack, Michael in recognition of Reverend Doctor Pastor all levels strive to make the most of their edu- McGuirk, Jannica Mendez, Aleasa Molinari, Laurent Louis, a man dedicated to serving cation and develop a work ethic that will guide Matthew Myhr, Matthew San Julian, Margaret God, his family and the community. them for the rest of their lives. Schiazza, Evan Shi, Michael Turso, Peyton Pastor Laurent Louis was born on February I extend my deepest congratulations once Wejnert, Min Soo Kang, Scott Balcom, Bridget 12, 1956 in Port-au-Prince, Haiti. He attended again to Justin McAdow for winning the Ar- vada Wheat Ridge Service Ambassadors for Beyer, Emily Boylan, Kevin Caroli, Sophie Lycee Petion a school that stressed duty, re- Youth award. I have no doubt he will exhibit D’Souza, Lauren Gallagher, Yeonsoo Kim, sponsibility and serving others. In June 1978, the same dedication he has shown in his aca- Jack Kuipers, Connor LaSpina, Jeffrey Lieto, he graduated high school and studied the- demic career to his future accomplishments. Margaret McCarthy, Ryan McKenna, Justin ology at the International Seminary of Cali- f Murad, Kerri-Anne Nicholson, Rosemary fornia. He is a caring father, loving husband, Pawloski, Brandon Potenza, Nicholas Proscia, devoted pastor and a committed community HONORING DUNCAN HALL FOR HIS Tyler Ramirez, Hayley Rieman, William Ro- leader. APPOINTMENT TO THE UNITED mano, Melissa Samanoglu, Nicholas Scavone, STATES NAVAL ACADEMY Kathleen Smith, Alexander Tekerian, Daniel At the age of 15, Pastor Louis began serv- Tuite, Roberto Paraz, Michael Han, and ing his church and the community with great Issaac Utter. respect and responsibility. He taught Sunday HON. PHIL GINGREY OF GEORGIA I would also like to take this opportunity to school and led the youth to a spiritual and dis- IN THE HOUSE OF REPRESENTATIVES recognize Patrolman Timothy Shoemaker, ciplined life while devoting time and energy to Lead D.A.R.E. Instructor for the Ramsey Po- his community. People in his community elect- Tuesday, June 9, 2009 lice Department. A thirteen-year veteran of the ed him to be the General Secretary of the soc- Mr. GINGREY of Georgia. Madam Speaker, force, Patrolman Shoemaker was recently cer teams of the Croix Des Bouquets. He later I rise today to recognize a young man from honored as the New Jersey D.A.R.E. Officer became a sports broadcaster and an impartial Georgia’s 11th Congressional District who has of the Year. As Patrolman Shoemaker told the referee in his sportive career. He knew health distinguished himself as an excellent student Bergen Record, ‘‘A policeman needs to be a and sports can lead to good academics and a and leader and has committed to serving his leader and a role model in the community. I’ll successful life. country. I am proud to announce that Duncan protect you from the bad guys. But, also, if Hall from Kennesaw, Georgia has received an you’re going through something tough . . . a Pastor Louis came to New York City in Jan- appointment to the United States Naval Acad- policeman can be your friend.’’ Patrolman uary of 1981 and soon fell in love with the Big emy. Shoemaker has daily lived up to these words. Apple. He saw the need for his community to Duncan attends North Cobb High School, All who interact with Patrolman Shoemaker— organize spiritually, and he immediately joined where he has a 4.104 Grade Point Average criminals aside—can’t help but sing his Emmanuel Baptist Church. It did not take his and is the Vice President of the student body. praises, and today I add my voice to the choir. pastor long to discover Pastor Louis’ leader- Duncan is the Commanding Officer of the I commend this humble and dedicated public ship and appointed him assistant pastor, youth North Cobb and Harrison High School servant on this well deserved recognition. I president and leader of the missionary. He ac- NJROTC Unit and has been the NJROTC Unit know Ramsey students and parents alike complished his mission so well that when Academic Team Commander for the past two would join me in saying that our streets are there was a need for a station church at years. Duncan also serves as NJROTC Aca- safer and communities stronger for his pres- Coney Island, Pastor Louis was selected to demic Tutor and a Character Education Advi- ence. take on the task; within a few months there sor for Underclassman. He was presented the f were 40 members. Theodore Roosevelt Youth Medal for Out- standing Performance of Duty in the NJROTC PERSONAL EXPLANATION Pastor Laurent Louis also founded an aca- program by the Navy League of the United demic club to have students help one another. States and was selected as the Atlanta Metro- HON. CAROLYN McCARTHY He understood how to bring good people to- politan Navy League’s 2nd runner up for OF NEW YORK gether from the community to help in this en- Cadet of the Year. Duncan has also been rec- IN THE HOUSE OF REPRESENTATIVES deavor. This club saved many young students ognized with the American Legion’s Scholastic Tuesday, June 9, 2009 and 95 percent succeeded academically. With Achievement Medal. Mrs. MCCARTHY of New York. Madam good will and the help of good people, Pastor In addition to Duncan’s focus on academics Speaker, yesterday, I missed three votes. I Louis was able to accomplish so much for his and military preparation, he has remained very would have voted: community. active in extracurricular activities, lettering on Rollcall No. 311, on the motion to suspend Pastor Louis has been happily married for both North Cobb’s track and cross country the rules and agree to H.R. 1736, the Inter- 25 years, and enjoyed a successful life with teams. Duncan Hall is an incredibly well- rounded young man, and I am honored to national Science and Technology Cooperation his wife Marie Mireille Louis and their six chil- have the privilege to nominate him for an ap- Act of 2009, I would have voted ‘‘yea.’’ dren. His first daughter Deborah, his sons Na- Rollcall No. 312, on the motion to suspend pointment to the U.S. Naval Academy. I ask thanael and Benjamin are attending college. the rules and agree to H.R. 1709, the STEM that my colleagues take this time to congratu- His daughters Eltamar and Jessica are in high Education Coordination Act of 2009, I would late Duncan as well as his parents, Duncan school and Johanna is in elementary school. have voted ‘‘yea.’’ and Stefani Hall, for his accomplishments. It is Rollcall No. 313, on the motion to suspend Madam Speaker, I urge my colleagues to because of dedicated young people like Dun- the rules and agree to H. Res. 420, Cele- join me in recognizing Pastor Laurent Louis. can that America has the finest military in the

VerDate Nov 24 2008 04:17 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JN8.009 E09JNPT1 WWOODS2 on PRODPC68 with REMARKS June 9, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1349 world. Our nation is fortunate to have his serv- in 2004. During this period, he displayed a joined the staff of Governor Hugh L. Carey, as ice. dedication to duty and a maturity that rep- a confidential assistant. In July of 1985 Mr. f resent the finest attributes of the men and Law was appointed Executive Director of the women wearing our Nation’s uniform. After Paul Robeson Health Organization in Central PERSONAL EXPLANATION completing his fellowship, Lt. Col. Leighty was Harlem, a fee-for-service health care facility assigned to the Pentagon, assuming the vitally offering 32 medical services. Upon leaving the HON. PAUL W. HODES important position as the principal Marine Paul Robeson Health Organization, he be- OF NEW HAMPSHIRE Corps Appropriations Liaison Officer. In that came the Executive Director of the Center for IN THE HOUSE OF REPRESENTATIVES capacity, he was the primary source of infor- the City, an organization sponsored by the mation and education regarding Marine Corps New York City Council of Churches. Mr. Law Tuesday, June 9, 2009 programs for the Members and staff of the directed IDS education, drug prevention, Mr. HODES. Madam Speaker, I missed the Congress’ Appropriations Committees. Lt. Col. emergency shelter and community outreach following votes on June 8, 2009. I would have Leighty was instrumental in articulating Marine for this organization. voted as follows: Corps requirements on a wide range of In 1990, Governor Mario M. Cuomo ap- (1) Rollcall vote 311—H.R. 1736—Inter- issues, from the needs of our Wounded War- pointed Mr. Law Director of the New York national Science and Technology Cooperation riors and their families to the requirements of State Crisis Prevention Unit within the New Act of 2009 (Representative BAIRD—Science Marines on the front lines in Iraq. York State Division of Human Rights. In 1993, and Technology)—‘‘yea’’ In addition, Lt. Col. Leighty often accom- Mr. Law joined the staff of the U.S. Senator (2) Rollcall vote 312—H.R. 1709—STEM panied Members of Congress and their staff Daniel Patrick Moynihan as the New York Re- Education Coordination Act of 2009 (Rep- on official travel to various locations around gional Director. In 1996, he joined Mayor Ru- resentative GORDON—Science and Tech- the world. During these trips, he was always dolph W. Giuliani’s administration as the chief nology)—‘‘yea.’’ focused, enthusiastic and totally knowledge- of staff for Deputy Mayor Rudy Washington. (3) Rollcall vote 313—H. Res. 420—Cele- able on the Marine Corps. He provided valu- Today he is the Director of Intergovernmental brating the symbol of the United States flag able insights to all those he accompanied. Relations for Metro Plus Health Plan, a sub- and supporting the goals and ideals of Flag Lt. Col. Leighty was born in Roseburg, OR sidiary of the New York City Health & Hos- Day (Representative LATTA—Oversight and and graduated from the University of Roch- pitals Corporation. Government Reform)—‘‘aye.’’ ester in 1989 with a degree in Economics and Mr. Law is a member of the New Paltz f Political Science, and received his commission Foundation which raises funds for scholar- through the NROTC program. His various as- ships, campus programs and student/faculty PERSONAL EXPLANATION signments included a tour as a Budget Officer mentoring experiences. Mr. Law has published with the Marine Corps Systems Command in an article on health care in The Review of HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. Quantico, VA, Deputy Comptroller for the 3d Black Political Economy. OF GEORGIA Marine Division in Okinawa, Comptroller for Madam Speaker, I urge my colleagues to IN THE HOUSE OF REPRESENTATIVES the 12th Marine Corps District aboard Marine join me in recognizing Ronald Law and his Corps Recruit Depot, San Diego, and analyst many contributions to New York. Tuesday, June 9, 2009 within Programs & Resources, Headquarters f Mr. JOHNSON of Georgia. Madam Speaker, Marine Corps. He has attended the Amphib- KAITLYN MAZZONE I regret that I was unavoidably detained and ious Warfare School at Quantico, and the was unable to vote on Thursday, the 4th of Naval Postgraduate School in Monterey, Cali- June. Had I been present, I would have voted: fornia. HON. ED PERLMUTTER ‘‘No’’ on rollcall vote No. 309, On Motion to Lt. Col. Leighty’s personal awards include OF COLORADO Recommit with Instructions to H.R. 626. the Meritorious Service Medal and the Navy IN THE HOUSE OF REPRESENTATIVES ‘‘Yea’’ on Final Passage of H.R. 626, Fed- and Marine Corps Achievement Medal. Tuesday, June 9, 2009 eral Employees Paid Parental Leave Act of On behalf of the United States Congress, I Mr. PERLMUTTER. Madam Speaker, I rise 2009. wish to express my sincere thanks for his hard today to recognize and applaud Kaitlyn f work, selfless service, and dedication to the Mazzone who has received the Arvada Wheat Marine Corps. I want to personally wish him PERSONAL EXPLANATION Ridge Service Ambassadors for Youth award. and Jayne continued success in all their future Kaitlyn Mazzone is a senior at Arvada West endeavors. High School and received this award because HON. ADAM H. PUTNAM f her determination and hard work have allowed OF FLORIDA A TRIBUTE IN REMEMBRANCE OF her to overcome adversities. IN THE HOUSE OF REPRESENTATIVES RONALD LAW The dedication demonstrated by Kaitlyn Tuesday, June 9, 2009 Mazzone is exemplary of the type of achieve- ment that can be attained with hard work and Mr. PUTNAM. Madam Speaker, on Monday, HON. EDOLPHUS TOWNS perseverance. It is essential that students at June 8, 2009, I was not present for 3 recorded OF NEW YORK all levels strive to make the most of their edu- votes. Please let the record show that had I IN THE HOUSE OF REPRESENTATIVES cation and develop a work ethic that will guide been present, I would have voted the following Tuesday, June 9, 2009 them for the rest of their lives. way: I extend my deepest congratulations once Mr. TOWNS. Madam Speaker, I rise today Roll No. 311—‘‘yea,’’ Roll No. 312—‘‘yea,’’ again to Kaitlyn Mazzone for winning the Ar- in recognition of Ronald Law, a dedicated pub- Roll No. 313—‘‘yea.’’ vada Wheat Ridge Service Ambassadors for lic servant of New York. f Youth award. I have no doubt she will exhibit Ronald Law has spent his career in both the same dedication she has shown in her IN HONOR OF JAMES E. LEIGHTY, public and private sectors as an advocate for academic career to her future accomplish- LIEUTENANT COLONEL, USMC education, health care, community develop- ments. ment, business management and human HON. JOHN P. MURTHA rights. Mr. Law has held key positions in city, f OF PENNSYLVANIA state and federal government. He has served HONORING SCOTT ROWE FOR HIS IN THE HOUSE OF REPRESENTATIVES two governors, a United States Senator and APPOINTMENT TO THE UNITED New York City Mayor. He has an under- STATES NAVAL ACADEMY Tuesday, June 9, 2009 graduate degree from the State University of Mr. MURTHA. Madam Speaker, I rise today New York at New Paltz and is a graduate of HON. PHIL GINGREY to pay tribute to Lieutenant Colonel James E. Harvard University’s Kennedy School of Gov- OF GEORGIA Leighty, USMC, upon his retirement after ernment. IN THE HOUSE OF REPRESENTATIVES twenty years of service to the Marine Corps Mr. Law began his career in 1976 as a and to the Nation. My initial experience with member of the advance and scheduling team Tuesday, June 9, 2009 Lt. Col. Leighty was when he was selected to for the mayoral candidacy of then Manhattan Mr. GINGREY of Georgia. Madam Speaker, serve as a Congressional Fellow in my office Borough President Percy Sutton. In 1978 he I rise today to recognize a young man from

VerDate Nov 24 2008 04:25 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JN8.011 E09JNPT1 WWOODS2 on PRODPC68 with REMARKS E1350 CONGRESSIONAL RECORD — Extensions of Remarks June 9, 2009 Georgia’s 11th Congressional District who has Secretary of State Ron Thornburgh will pay In retirement, Browning plans to spend distinguished himself as an excellent student tribute to her service. more time with her family, and continue to and leader and has committed to serving his Also speaking will be County Chairwoman volunteer in her many civic and church ac- Annabeth Surbaugh and Johnson County tivities. country. I am proud to announce that Scott Election Commissioner Brian Newby. Her family includes three sons, three Rowe from Kennesaw, Georgia has received Browning said she always will look back grandchildren, and two great-grandchildren. an appointment to the United States Naval on her career with great fondness. ‘‘We will miss her and wish her well,’’ Academy. Scott attends Harrison High School, ‘‘My time at the Election Office was an in- Newby said, ‘‘but we are gratified to know where he has a 3.75 Grade Point Average credible experience, full of hard work, pas- that she will always be a phone call away to and has earned the College Board AP Scholar sion for elections and democracy,’’ she said. advise us if we have a thorny issue. We even ‘‘It has been a great career that I have al- offered—threatened, I guess—to continue Award. Scott is also a member of Mensa. In ways enjoyed, but it’s time for a new chapter addition to Scott’s focus on academics, he has equipping her with a Blackberry so she could in my life and to take it easy.’’ In the past still be in the e-mail loop and give us guid- remained very active in extracurricular activi- 40 years Browning has: Worked in more than ance.’’ ties. He is on Harrison’s wrestling and swim 200 Johnson County elections, including 11 So far, no response from Browning. presidential elections; Served under six of teams and is President of the school’s Integ- f rity Team. Johnson County’s eight election commis- Scott is also very involved in community sioners and 32 county commissioners; and, EARMARK DECLARATION service activities, such as Habitat for Human- Watched the county’s voter registration in- crease almost fourfold. ity. Scott Rowe is an incredibly well-rounded She said she welcomed the end to hand- HON. JO ANN EMERSON young man, and I am honored to have the counting thousands of paper ballots when OF MISSOURI privilege to nominate him for an appointment the county switched to touch-screen voting IN THE HOUSE OF REPRESENTATIVES to the U.S. Naval Academy. I ask that my col- machines. Counting paper ballots is time leagues take this time to congratulate Scott as consuming, she said, and computers bring Tuesday, June 9, 2009 well as his parents, Larry and Barbara Rowe, quicker results and less stress. Mrs. EMERSON. Madam Speaker, pursuant for his accomplishments. It is because of dedi- Browning’s passion for the importance of to the House Republican standards on ear- voting was instilled in her as a child. cated young people like Scott that America ‘‘My folks always talked about voting and marks, I am submitting the following informa- has the finest military in the world. Our nation how important it was,’’ she said. ‘‘I started tion in regards to the Fiscal Year 2010 Com- is fortunate to have his service. when I was young. Voting was already an im- merce, Justice, and Science Appropriations f portant part of my life.’’ Bill and the Fiscal Year 2010 Homeland Secu- That led to her passion for doing her best rity Appropriations Bill. TRIBUTE TO JOHNSON COUNTY AS- as an employee at the election office. Newby Requesting Member: Representative JO ANN said Browning was a walking encyclopedia SISTANT ELECTION COMMIS- EMERSON SIONER KAREN BROWNING and office historian. She has complete Bill: Fiscal Year 2010 Commerce, Justice, records on every election since she has been with the county. and Science Appropriations Bill HON. DENNIS MOORE ‘‘If anyone has a question about a past Account: OJP-Byrne OF KANSAS election, Karen is the person to ask,’’ he Requesting Entity: Southeast Missouri Net- IN THE HOUSE OF REPRESENTATIVES said. work Against Sexual Violence ‘‘She has given so much to our county and Address of Requesting Entity: 1106 Missouri Tuesday, June 9, 2009 to our voters; she provided the best return on Avenue, West Plains, Missouri 65775 Mr. MOORE of Kansas. Madam Speaker, I tax dollars that could ever be imagined,’’ Description of Request: To provide an ear- Newby said. ‘‘She leaves with the distinction am pleased to have this opportunity to pay mark of $200,000 to the Southeast Missouri Karen Browning, who recently stepped down of being the most effective election office employee ever in Johnson County.’’ Network Against Sexual Violence (SEMO after 41 years of service with the Johnson In Browning’s first presidential election NASV) to equip and staff an office in the County, Kansas, Election Office, including 27 Nov. 5, 1968, a total of 88,314 of Johnson Bootheel of Missouri to assist victims of do- years as Assistant Election Commissioner. County’s 100,610 registered voters cast their mestic and sexual violence, as well as support Dedicated, experienced public servants like ballots. In her last presidential election, local law enforcement investigations. SEMO Karen Browning are the glue that holds gov- Nov. 5, 2008, a total of 285,001 of the 364,441 NASV provides services to over 700 adult and ernment together at all levels, but they often registered voters cast ballots. child victims of sexual and physical abuse. do not receive the respect and consideration Her first job at the election office was as a key punch operator since all voter registra- The organization serves a 10 county region in that they deserve. Karen Browning’s retire- tion cards and reports were typed by hand. Southeastern Missouri. It plays a vital role in ment took from her office 41 years of deep de- ‘‘When we processed registrations, we the process of convicting sex offenders, pro- votion to her community and an intricate typed them into the books that went to the vides counseling and other services to victims. knowledge of the rules and history of Johnson polling places,’’ she said. ‘‘We typed men on The funds will be spent as follows: $126,000 County elections—a background that the citi- one page and women on another, which I for personnel, $59,000 for equipment, $12,000 zens of Johnson County will find to be irre- found very interesting.’’ Newby said Browning has been instru- for office space, and $3,000 for training and placeable. I am pleased to have this oppor- mental in the evolution of the voter registra- travel. tunity to share with the other members of the tion process, which she has overseen for Requesting Member: Representative JO ANN House of Representatives a brief profile of many years. EMERSON Karen Browning which recently was published In 1978, Browning was named election clerk Bill Number: Fiscal Year 2010 Commerce, in the Johnson County Sun. I know that all supervisor followed by election manager in Justice, and Science Appropriations Bill. Johnson Countians join with me in wishing 1979 with primary responsibilities for voter Account: COPS-Meth Karen Browning all the best as she embarks registration and list maintenance. She has served as assistant election com- Requesting Entity: Southeast Missouri Drug upon her much deserved retirement, and we missioner the past 27 years. Task Force also thank her for her years of dedicated serv- Browning also has overseen Census and Address of Requesting Entity: P.O. Box ice and work to ensure that Johnson County mapping operations, and knows Johnson 1763, Sikeston, Missouri 63801 elections have been conducted in a manner County geography like the back of her hand, Description of Request: Provide an earmark above reproach. since any ‘‘visible ground feature’’ might of $200,000 to supplement and support oper- someday be needed as a precinct boundary. ELECTION OFFICIAL RETIRES AFTER SERVING ations of the Southeast Missouri Drug Task Although the election process has experi- 40 YEARS enced significant changes over the years, Force (SEMO DTF). SEMO DTF is a multi- (By Chuck Kurtz) Browning said one thing has not changed. jurisdictional drug task force unit that serves a It was a one-issue, one-candidate ‘‘elec- The integrity of the ballot, even from a 10-county area of Southeast Missouri. The tion’’ and assistant election commissioner touch-screen voting machine, is still held sa- unit conducts both covert and overt investiga- Karen Browning cast the only vote: ‘‘Yes to cred, and that requires rigorous adherence to tions into the possession, manufacture, and Proposition Retirement.’’ the office’s confirmation procedures, she distribution of controlled substances. The After nearly 41 years with the Johnson said. funds will be spent as follows: $32,000 for per- County Election Office in Olathe, Browning Browning has mixed feelings about leaving officially retired May 22; a reception in her Johnson County public service, but admits sonnel, $89,000 for overtime compensation, honor is planned for 3 to 6 p.m. June 17 at she will most miss the people. $66,000 for equipment, $4,500 for tele- the Election Office, 2101 E. Kansas City ‘‘Elections begin and end with people,’’ she communication services, $6,000 for supplies, Road, Southeast of Bass Pro, where Kansas said. and $2,500 for personnel expenses.

VerDate Nov 24 2008 04:27 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JN8.016 E09JNPT1 WWOODS2 on PRODPC68 with REMARKS June 9, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1351

Requesting Member: Representative JO ANN Account: State and Local Programs velopment, LLC, a community housing devel- EMERSON Legal Name of Requesting Entity: Howell opment organization. Bill: Fiscal Year 2010 Commerce, Justice, County Emergency Preparedness Mr. Taylor began his involvement in tenant and Science Appropriations Bill Address of Requesting Entity: 3 Courthouse, services by leading the residents of a dan- Account: COPS-Meth West Plains, Missouri 65775 gerously neglected city-owned property Requesting Entity: Mineral Area Drug Task Description of Request: Provide an earmark through a process of renewed commitment Force/City of Leadington, Missouri for $250,000 for an Emergency Operations from the City of New York and their subse- Address of Requesting Entity: P.O. Box 349, Center in West Plains, Missouri. The Emer- quent resettlement. He has a reputation for Farmington, MO 63640 gency Operations Center will serve the resi- producing consistent results and maintaining Description of Request: Provide an earmark dents of Howell County and surrounding coun- honor and integrity in the community. Mr. Tay- of $200,000 to assist with funding Mineral ties in the region in case of any natural or lor sits on various steering and advisory com- Area Drug Task Force’s enforcement efforts in man-made hazards. The funding is budgeted mittees in East New York. locating, dismantling, and reducing the number at approximately $7,275 for administrative and In 2006, Dennis Taylor became an ordained of methamphetamine laboratories within the legal expenses; $81,000 for land, structures, Minister who has garnered a sterling reputa- area of their operation. Approximately right-of-ways, appraisals, etc.; $2,925 for tion in the East New York community. $124,000 is for the purchase of equipment to project inspection and architectural and engi- Dennis Taylor is married to Anita Joyner- assist officers in their investigations, $36,000 neering fees; $153,175 for equipment, con- Taylor. He has two daughters (Danesha and is for overtime for officers assigned to meth- struction and miscellaneous items; $5,625 for Keyeira), and two granddaughters (Faith and amphetamine investigations, $16,000 is for of- contingencies. Patience). Mr. Taylor holds an A.A.S. in Com- fice and field supplies to assist officers in the f puter Technology, a Certificate from Fordham preparation of reports and to provide supplies University in Social Work and numerous cer- to facilitate the processing of clandestine labs, PERSONAL EXPLANATION tificates from the Department of Housing Pres- and $24,000 is for travel and training to equip ervation and Development. Mr. Taylor is a first officers with the knowledge to efficiently per- HON. KURT SCHRADER call advisor to many grassroots organizations form their duties. OF OREGON seeking guidance, direction and/or logistical Requesting Member: Representative JO ANN IN THE HOUSE OF REPRESENTATIVES assistance in the acquisition of their goals and EMERSON objectives. Bill: Fiscal Year 2010 Commerce, Justice, Tuesday, June 9, 2009 Madam Speaker, I urge my colleagues to and Science Appropriations Bill Mr. SCHRADER. Madam Speaker, on June join me in recognizing Dennis J. Taylor. Account: COPS-Meth 8, 2009 I missed rollcall votes 311, 312, and Requesting Entity: Howell County, Missouri f 313 due to personal reasons. Had I been Address of Requesting Entity: 1106 Missouri present, I would have voted ‘‘aye’’ on all three KELSEY MAY Avenue, West Plains, Missouri 65775 Description of Request: Provide an earmark votes. of $250,000 for the South Central Drug Task f HON. ED PERLMUTTER Force to enhance drug enforcement in project A TRIBUTE IN REMEMBRANCE OF OF COLORADO area. South Central Drug Task Force is a DENNIS J. TAYLOR IN THE HOUSE OF REPRESENTATIVES multijurisdictional drug enforcement task force, Tuesday, June 9, 2009 and an existing HIDTA initiative within Midwest HIDTA, comprised of federal, state, and local HON. EDOLPHUS TOWNS Mr. PERLMUTTER. Madam Speaker, I rise law enforcement officers including nine Sher- OF NEW YORK today to recognize and applaud Kelsey May iffs Departments, Municipal Police Depart- IN THE HOUSE OF REPRESENTATIVES who has received the Arvada Wheat Ridge ments, Missouri State Highway Patrol, United Tuesday, June 9, 2009 Service Ambassadors for Youth award. Kelsey May is a senior at Arvada High School and re- States Forest Service, and United States Park Mr. TOWNS. Madam Speaker, I rise today Service. Approximately $50,000 in overtime ceived this award because her determination in recognition of Dennis J. Taylor, a commu- and hard work have allowed her to overcome funding for existing narcotics officers; nity activist and ordained minister who has im- $122,500 for technical surveillance and report- adversities. pacted Brooklyn in countless ways. The dedication demonstrated by Kelsey May ing equipment; $65,000 for civilian personnel/ Dennis Taylor has been living and serving Intel analyst; and $12,500 for consumable is exemplary of the type of achievement that the East New York and Brownsville commu- can be attained with hard work and persever- supplies. nities for more than twenty years. He began Requesting Member: Representative JO ANN ance. It is essential that students at all levels his career as a volunteer, ministering and ad- EMERSON strive to make the most of their education and Bill: Fiscal Year 2010 Commerce, Justice, vocating for the rights of community residents. develop a work ethic that will guide them for and Science Appropriations Bill For a number of years, Mr. Taylor served as the rest of their lives. Account: COPS-Law Enforcement Tech- a community organizer for a local nonprofit or- I extend my deepest congratulations once nology ganization where he assisted residents by em- again to Kelsey May for winning the Arvada Requesting Entity: St. Francois County, Mis- powering them through the creation of tenant Wheat Ridge Service Ambassadors for Youth souri and block associations. As a member of Com- award. I have no doubt she will exhibit the Address of Requesting Entity: 102 Industrial munity Board #5, Dennis Taylor leads the same dedication she has shown in her aca- Drive, Park Hills, MO 63601 council in creating positive change for all resi- demic career to her future accomplishments. Description of Request: Provide an earmark dents, regardless of their ethnicity or culture. f for the Southeast Missouri Law Enforcement As the founder and executive director of District for $697,000 project for the following The Sabaoth Group, Inc., Dennis Taylor con- TRIBUTE TO DAVID J. KEARS counties of the 8th Congressional District to ceived and developed strategies that provide acquire and greatly benefit from availability of community support services to more than 800 HON. FORTNEY PETE STARK a Law Enforcement Visual Tool: Iron, Wash- families in the East New York, Brownsville, OF CALIFORNIA ington, and Bollinger. Federal, state, and local Bushwick and Bedford-Stuyvesant commu- IN THE HOUSE OF REPRESENTATIVES agencies will have a common tool to jointly nities. He is the primary coordinator of serv- Tuesday, June 9, 2009 manage emergencies. The project enhances ices and initiatives, in addition to securing public safety, officer safety, by placing sophis- funding through foundations, government Mr. STARK. Madam Speaker, I rise today to ticated geospatial intelligence information in grants and Requests for Proposals. Mr. Taylor pay to tribute to David J. Kears, Agency Direc- the hands of emergency responders. The developed strategies to create linkages be- tor for the Alameda County Healthcare Serv- funding would be used as follows: $12,000 for tween community law enforcement, community ices Agency. Mr. Kears is retiring from his po- project administration, $675,000 for image li- residents and faith-based organizations. He sition and a farewell party has been planned braries, and $10,000 for equipment. also created initiatives and developed strate- in his honor on June 10, 2009. Requesting Member: Representative JO ANN gies for resident advocacy, tenant organizing Mr. Kears’ scholastic endeavors brought him EMERSON and community activism while conducting ten- to the University of California, Berkeley, where Bill: Fiscal Year 2010 Homeland Security ant relocations for more than 300 families. Mr. he graduated in 1968 with a major in Soci- Appropriations Bill Taylor is also a founding partner in TDT De- ology. He continued his graduate work at

VerDate Nov 24 2008 04:17 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JN8.018 E09JNPT1 WWOODS2 on PRODPC68 with REMARKS E1352 CONGRESSIONAL RECORD — Extensions of Remarks June 9, 2009 Berkeley and received a Masters Degree in age and is a member of the BETA Club. An- women. She began a campaign to enact a 1970 in Social Welfare with a Psychiatric drew has been very active with the JROTC Marital Property Bill and after seven drafts, Casework Specialty. He also holds a Clinical where he has excelled as a State Champion Governor Connally signed it into law, marking Social Work license. JROTC raider. He also served as the Athletic the end of a three-year effort. She was so Mr. Kears performed his internship at the Director and Chief Petty Officer for the Navy successful that she was asked to undertake Sonoma State Hospital and Children’s Guid- Delayed Entry Program. the entire revision of all family laws in Texas ance Clinic in Palo Alto. After graduation, he In addition to Andrew’s focus on academics and after ten years the Family Law Section of went to work as a Psychiatric Social Worker at and military preparation, he has remained very the Texas State Bar created the first complete Napa State Hospital. He thrived in that setting active in extracurricular activities. Andrew is Family Code of laws in the world. from 1970 to 1974 and advanced to Assistant on Paulding’s football and wrestling teams and Today, Mrs. Raggio has garnered numerous Program Director. is a four-time nominee for the ‘‘People to Peo- recognitions and honors including being elect- He began his career with Alameda County ple’’ student ambassador program. He is also ed the first female director of the State Bar of as a Psychiatric Social Worker in 1974 and very involved in community service, having Texas. She is consistently regarded as the held a number of major department head posi- volunteered at the Sunbelt Christian Youth Mother of the Texas Family Code and South- tions in the Health Care Services Agency. In Ranch in Mississippi, Thanksgiving for the ern Methodist University has developed an an- March 1986, Mr. Kears was appointed to the Homeless, Thanksgiving for Youth Peniten- nual Louise Ballerstedt Raggio Lecture Series Agency Director position, at which time he not tiary, and Operation North Pole. in her honor. I ask my fellow colleagues to join only took over the weighty matters of the Andrew Neault is an incredibly well-rounded me in honoring the work of Mrs. Raggio and Agency but also became Acting Director of young man, and I am honored to have the her lifelong commitment to a fair and just legal Highland General Hospital during a time of re- privilege to nominate him for an appointment system. organization. to the U.S. Naval Academy. I ask that my col- f Currently, as director of the Health Care leagues take this time to congratulate Andrew Services Agency, Mr. Kears provides overall as well as his parents, Raymond and Lynette CONGRATULATIONS TO SUSAN M. direction, consultation and troubleshooting to Neault, for his accomplishments. It is because BRITTON the four major departments comprising the of dedicated young people like Andrew that agency which include Indigent Care; Public America has the finest military in the world. HON. PAUL TONKO Health Department; Environmental Health Our nation is fortunate to have his service. OF NEW YORK Services and Behavioral Health Care Serv- f IN THE HOUSE OF REPRESENTATIVES ices. From 1993 to 1998, Mr. Kears assumed Tuesday, June 9, 2009 the additional responsibility for developing a HONORING THE WORK OF LOUISE public/private Medi-Cal managed care pro- BALLERSTEDT RAGGIO, MOTHER Mr. TONKO. Madam Speaker, New York gram, the Alameda Alliance for Health, pursu- OF THE TEXAS FAMILY CODE State American Legion Auxiliary President, ant to the State of California Department of Susan M. Britton, has served with distinction Health Services’ directive. The Alliance is now HON. EDDIE BERNICE JOHNSON during her term in office from July 2008 a fully licensed HMO comprised of traditional through July 2009. Mrs. Britton traveled to all OF TEXAS Medi-Cal and safety net county and commu- 62 counties in the great state of New York, in- nity providers. IN THE HOUSE OF REPRESENTATIVES spiring the members of the American Legion Mr. Kears’ most recent major program re- Tuesday, June 9, 2009 Auxiliary to honor and serve the veterans of sponsibilities included coordinating the Coun- New York State. Ms. EDDIE BERNICE JOHNSON of Texas. Susan Briton is a 35 year member of Clarke ty’s Indigent Medical Care System and moni- Madam Speaker, I rise today in recognition of toring contracts with the Alameda County White Unit 589, American Legion Auxiliary in Louise Ballerstedt Raggio, a trailblazer and an Albany County. She has remained an active Medical Center and a broad network of com- advocate who has spent her life making sure munity-based primary care providers. and vital member of the organization, volun- that women and families have equal rights teering her services to veterans at the Stratton A number of non-profit organizations, com- under the law. VA Medical Center in Albany and at the Al- missions, government agencies and health Mrs. Raggio was born in Manor, Texas and bany VA Fisher House. systems have benefited from Mr. Kears’ lead- spent the early part of her life as the daughter This year Department President Britton has ership, vast knowledge and experience in the of a hardworking, Texas farm family. From an chosen ‘‘Operation Purple’’ as her special development and implementation of county early age, she learned the importance of per- project. Operation Purple began in 2004 and and state health care policies. severance and dedication to a cause, and is sponsored through the National Military I join Dave Kears’ colleagues in thanking these traits have remained persistent through- Family Association (NMFA). Operation Purple him for his years of commitment and service out her life. She graduated first in her class is the only program open to children of per- in making a difference in the lives of others. from high school and went on to earn an un- sonnel from all branches of the U.S. Armed f dergraduate degree with highest honors from Forces (‘‘purple’’ representing inclusion of the the University of Texas at Austin. HONORING ANDREW NEAULT FOR branches). The program focuses on helping After marrying and giving birth to two chil- HIS APPOINTMENT TO THE military children deal with the challenges and dren, Mrs. Raggio began law school at South- UNITED STATES MERCHANT MA- stress that come with deployment by providing RINE ACADEMY ern Methodist University in a time when it was free weeks of summer camp at different loca- not typical for a woman to do so. During law tions to bring children together in a fun and school, she gave birth to a third son, and al- healthy environment. HON. PHIL GINGREY though it was difficult, she persisted, grad- As word has spread about Operation Pur- OF GEORGIA uated, and passed the Texas State Bar in ple, there is a pressing need for additional IN THE HOUSE OF REPRESENTATIVES 1952. Later, she took a job in the Dallas support to allow as many children as possible County District Attorney’s office and took over to attend this specialized program. All funds Tuesday, June 9, 2009 all child and family cases. She was soon pro- donated will support resident children within Mr. GINGREY of Georgia. Mr. Speaker, I moted and began doing criminal prosecution. New York State. There are two camps, lo- rise today to recognize a young man from During this time, she became active with the cated in Lewis and Orange counties. Georgia’s 11th Congressional District who has Texas State Bar and joined the newly-formed Special fundraising projects have been con- distinguished himself as an excellent student Family Law Section of the State Bar in 1960. ducted to support Operation Purple, including and leader and has committed to serving his She would eventually become Chairwoman of those by the American Legion Family, which country. I am proud to announce that Andrew the committee, making her the first woman in include The American Legion, American Le- Neault from Kennesaw, Georgia has received Texas history to become Chair of any such gion Auxiliary, and the Sons of the American an appointment to the United States Merchant committee. Legion. To date, over $60,000 has been Marine Academy. As Chairwoman, Mrs. Raggio and her com- raised to provide military children in New York Andrew attends Paulding County High mittee uncovered 44 state laws which discrimi- with the opportunity to attend one of these School where he has a 3.7 Grade Point Aver- nated against women, and notably, married camps.

VerDate Nov 24 2008 04:17 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A09JN8.020 E09JNPT1 WWOODS2 on PRODPC68 with REMARKS June 9, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1353 A TRIBUTE IN REMEMBRANCE OF cated to providing education and research with country. From the earliest days of our Nation’s THEORA KING a focus on relevance to the defense and secu- history, courageous men and women have rity arenas and on recognizing and inno- fought for the freedom and safety of the Amer- HON. EDOLPHUS TOWNS vatively solving problems in support of our ican people. Our soldiers have opened doors OF NEW YORK military forces, our country’s global partners for America’s citizens and allowed our children IN THE HOUSE OF REPRESENTATIVES and our national security. to live in a nation that is peaceful and free. Tuesday, June 9, 2009 NPS provides high-quality, relevant and During World War II, Company B served in unique advanced education and research pro- campaigns in Normandy, Central Europe, Mr. TOWNS. Madam Speaker, I rise today grams that increase the combat effectiveness Northern France, Ardennes and the Rhine- in recognition of Theora King, a community of the Naval Services, other Armed Forces of land. They were the only group to serve in all leader and educator who has contributed the U.S. and our partners, to enhance our na- five campaigns and receive five battle stars in enormously to the lives of many children in tional security. World War II. need. NPS is one of the oldest and most pres- The servicemen of Company B also fought Theora King has worked in the field of edu- tigious institutions belonging to the United alongside the 1st, 2d, 3d, 9th, and the 15th cation for over forty years. She has a bachelor States Department of Defense. Since its in- U.S. Army, the British 2d Army and the U.S. of science degree in education from Mercy ception almost a century ago, NPS has been Navy throughout the war in 10 countries. One College where she graduated magna cum found to be worthy of the investment that both of their most significant contributions to the laude. In 1990, Ms. King received the Educa- the Navy and the nation has made in it. The War effort was the construction of the longest tor of the Year Award from a parent organiza- school has educated some of the most brilliant Treadway Pontoon Bridge in the world at 1152 tion in District 17. Ms. King has worked in sev- and effective leaders of our nation and of the feet, which was built in less than six hours eral programs including Big Apple, Head Start, world. Countless numbers of NPS graduates while facing enemy fire. Learning Through Science, Title I, Latch Key, have made significant contributions to global Madam Speaker, I ask my colleagues to join Summer Early Childhood Program, and Plat- stability and national security, and some re- me in paying special tribute to Company B of form For Learning and Special Education. markable breakthroughs in research at NPS the 202d Engineer Combat Battalion. Our Theora King often goes above and beyond have saved the lives of the men and women communities are well served by having dedi- what is required of her in order to keep chil- who so bravely defend their nations daily. cated servicemen who have gone above and dren who are in need from being deprived of Madam President, I want to wish a happy beyond the call of duty to protect our beloved opportunities that are afforded to other chil- 100th birthday to the Naval Postgraduate Nation. On behalf of the people of the Fifth dren who have supportive families. Her love School. District of Ohio, I am proud to recognize this for children is demonstrated by using personal f great group of men on their sixty-sixth anniver- monies to pay for trips, breakfast, lunch, cloth- sary. ing and other essentials needed when a NATHANIEL MARTINEZ f child’s parents are unable to provide for them. Ms. King has volunteered her personal time to HON. ED PERLMUTTER INTRODUCTION OF MOLALLA WILD tutor children in reading to help them gain self- AND SCENIC RIVER BILL OF COLORADO confidence, a love for reading, and reading IN THE HOUSE OF REPRESENTATIVES proficiency to pass State Reading Examina- HON. KURT SCHRADER Tuesday, June 9, 2009 tions. OF OREGON During her career, children have dem- Mr. PERLMUTTER. Madam Speaker, I rise IN THE HOUSE OF REPRESENTATIVES onstrated love and respect toward Ms. King today to recognize and applaud Nathaniel Tuesday, June 9, 2009 and children often come to her for advice and Martinez who has received the Arvada Wheat assistance to handle difficulties they encounter Ridge Service Ambassadors for Youth award. Mr. SCHRADER. Madam Speaker, I am at home and in school. Ms. King is never too Nathaniel Martinez is a senior at Jefferson pleased to introduce The Molalla Wild and busy to take time from her personal life to help High School and received this award because Scenic River Bill. This legislation would des- a child and his or her family who may be in his determination and hard work have allowed ignate 21.3 miles of the Molalla River as ‘‘wild need of assistance. Ms. King is also a mem- him to overcome adversities. and scenic’’ and would provide federal des- ber of the Open Door Church of God and The dedication demonstrated by Nathaniel ignation in preserving the character of this Christ and she has served on the Usher Martinez is exemplary of the type of achieve- section of the Molalla River. Board. In the past, Ms. King served as Acting ment that can be attained with hard work and This legislation is supported by numerous Parent Teacher’s Association president and perseverance. It is essential that students at elected officials, civic leaders, and recreational secretary when her children were students at all levels strive to make the most of their edu- and environmental groups in Clackamas and P.S. 316. Ms. King has also chaired the Social cation and develop a work ethic that will guide Marion counties including American Rivers, Committee at P.S. 316 from 1968 to 2005. them for the rest of their lives. the City of Molalla, the Oregon State Police, Madam Speaker, I urge my colleagues to I extend my deepest congratulations once the Oregon Department of Fish and Wildlife, join me in recognizing Theora King. again to Nathaniel Martinez for winning the Ar- Wild Salmon Center, and the Willamette f vada Wheat Ridge Service Ambassadors for Riverkeepers. All of these groups recognize IN HONOR OF THE NAVAL Youth award. I have no doubt he will exhibit the social, cultural and economic benefits of POSTGRADUATE SCHOOL the same dedication he has shown in his aca- this bill. demic career to his future accomplishments. In Oregon, the Molalla River is known for its f many recreational purposes which include hik- HON. SAM FARR ing, diving, fishing, kayaking, whitewater raft- OF CALIFORNIA A SPECIAL TRIBUTE TO COMPANY ing, picnicking, mountain biking, and horse- IN THE HOUSE OF REPRESENTATIVES B, 202D ENGINEER COMBAT back riding. It still serves as a water source for Tuesday, June 9, 2009 BATTALLION many citizens in Canby and Molalla, Oregon, Mr. FARR. Madam President, today the and is nationally recognized for its beautiful Naval Postgraduate School in Monterey, Cali- HON. ROBERT E. LATTA and scenic wildlife. It provides spawning beds fornia will celebrate its 100th anniversary. OF OHIO for threatened Steelhead Trout and Chinook Founded a century ago as the School of IN THE HOUSE OF REPRESENTATIVES salmon and is also an essential wildlife area Marine Engineering at the U.S. Naval Acad- for the pileated woodpecker, red tree vole, Tuesday, June 9, 2009 emy in Annapolis, Maryland, the Naval Post- red-legged frog, northern spotted owl, Pacific graduate School has grown in response to a Mr. LATTA. Madam Speaker, it is with a giant salamander, and both golden and bald changing world. The school moved to Mon- great deal of pride that I rise to pay a very eagles. terey, California in 1951, taking over the land- special tribute to a brave group of men in Designating this section of the Molalla River mark Hotel Del Monte resort. Today, NPS is a Ohio’s Fifth Congressional District. Company as ‘‘wild and scenic’’ would permanently en- global leader in national security and defense- B of the 202d Engineer Combat Battalion is sure its protection and preservation as one of related education and research. celebrating their sixty-sixth anniversary. Oregon’s many natural state treasures. It The Naval Postgraduate School (NPS) is a Madam Speaker, there is no question the would guarantee that future generations can unique graduate school—an institution dedi- military is one of the key building blocks of our experience the river’s rich historical, cultural,

VerDate Nov 24 2008 04:17 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\K09JN8.007 E09JNPT1 WWOODS2 on PRODPC68 with REMARKS E1354 CONGRESSIONAL RECORD — Extensions of Remarks June 9, 2009 and recreational purposes. I am excited to in- Dr. McGee joined the Claflin University fac- IN SPECIAL RECOGNITION OF THE troduce this legislation and urge my col- ulty in 1997, and has made an enviable mark ONE HUNDRED SEVENTY-FIFTH leagues to support it. on the Orangeburg campus. Dr. McGee is al- ANNIVERSARY OF THE VILLAGE f ways looking for ways to enrich the experi- OF OTTAWA, OHIO HONORING BISHOP GUILFOYLE ences of his students to promote their per- HIGH SCHOOL formance and their commitment to their craft. HON. ROBERT E. LATTA Last year, he took Claflin’s Concert Choir to OF OHIO HON. BILL SHUSTER China to participate in the pre-Olympic cere- IN THE HOUSE OF REPRESENTATIVES OF PENNSYLVANIA monies. They performed in both Beijing and Tuesday, June 9, 2009 Shanghai. IN THE HOUSE OF REPRESENTATIVES Mr. LATTA. Madam Speaker, I would like to Tuesday, June 9, 2009 Dr. McGee has developed a great deal of submit the following: respect from his colleagues and students. Mr. SHUSTER. Madam Speaker, I rise Whereas Congressman ROBERT E. LATTA today to honor the accomplishments of the Claflin University’s president Dr. Henry Tisdale extends his congratulations on the occasion of Bishop Guilfoyle High School girls basketball calls him ‘‘an exemplary member of our faculty the One Hundred Seventy-Fifth Anniversary of team of Altoona, PA. As the 2009 Pennsyl- and committed to teaching and service.’’ the Village of Ottawa, Ohio; and vania Interscholastic Athletic Association Class Claflin’s vice president for academic affairs Dr. Whereas Ottawa, Ohio has been a proud A girls basketball champions, the Lady Ma- George Miller says, ‘‘Dr. McGee’s approach to member of the Northwest Ohio community rauders have shown the discipline and team- teaching and scholarship with his student part- since 1834; and Whereas the citizens of Ottawa, Ohio pro- work required to achieve greatness. ners demonstrates the strength of the amal- The Lady Marauders have a rich history of gam that results when theory and practice are vide friendship and tradition to all those in achievement. Having won two PIAA Class A combined.’’ Northwest Ohio; and Whereas Ottawa, Ohio has a long history of championships in three seasons, and five Dr. McGee was selected for the Excellence overall, the Lady Marauders are no strangers fostering business, education, and community in Teaching Award by his peers at Claflin Uni- relationships; therefore, be it to success. Their season’s record of 30–1 is versity. The purpose of the award is to honor tied for the second most in a single season in Resolved The people of Northwest Ohio are faculty members who demonstrate the highest Lady Marauder program history. grateful for the service of the citizens and em- This year’s season came to a close on standards of teaching that encourage students ployers of Ottawa, Ohio. Ohio’s Fifth Congres- March 21st at University Park, PA, and re- to strive for excellence in their studies and in- sional District is well served by their dedication sulted in a 49–27 defeat of Nativity BMV by tellectual pursuits. In addition to the recogni- and support. We wish Ottawa, Ohio all the Bishop Guilfoyle’s Lady Marauders. The hard tion, Dr. McGee receives a $3,000 grant to be best during its celebration of the One Hundred work and talent of the nineteen players, as used for professional development opportuni- Seventy-Fifth anniversary. well as their five coaches, most certainly led to ties. f this rewarding experience. Madam Speaker, I invite you and my col- TRIBUTE TO GENERAL DAVID D. These young women are exemplary athletes leagues to join me today in applauding the tre- MCKIERNAN and their pride in their performance is an in- mendous accomplishments of Dr. Isaiah spiration to all of Blair County. I believe that McGee. He is an extraordinary example of an HON. IKE SKELTON this championship will be one of many suc- educator who inspires intellectual curiosity and cesses in the lives of these talented players OF MISSOURI demands outside enrichment to ensure his and coaches, and I congratulate them for all IN THE HOUSE OF REPRESENTATIVES students reach their full potential. This award their efforts. Tuesday, June 9, 2009 is well deserved and is recognition of a job f well done. Mr. SKELTON. Madam Speaker, I rise TRIBUTE TO DR. ISAIAH R. MCGEE today to recognize the accomplishments, dedi- f cation, public service and valor of General HON. JAMES E. CLYBURN David D. McKiernan, U.S. Army, outgoing Commander of NATO’s International Security OF SOUTH CAROLINA SAMUEL MARKOFF Assistance Force (ISAF) and Commander IN THE HOUSE OF REPRESENTATIVES U.S. Forces Afghanistan, who served our Na- Tuesday, June 9, 2009 HON. ED PERLMUTTER tion with distinction during 37 years of faithful Mr. CLYBURN. Madam Speaker, I rise service. General McKiernan will retire from the OF COLORADO today to pay tribute to an outstanding con- Army on 1 August 2009, and we owe him our stituent and an award-winning educator, Dr. IN THE HOUSE OF REPRESENTATIVES thanks and gratitude for his many efforts and Isaiah R. McGee. Dr. McGee is a 2009 recipi- years of service on behalf of our Nation. ent of the South Carolina Independent Col- Tuesday, June 9, 2009 A native of Ft. McPherson, Georgia, Gen- eral McKiernan entered the U.S. Army in leges and Universities Inc. Excellence in Mr. PERLMUTTER. Madam Speaker, I rise 1972, after graduating from the College of Wil- Teaching Award. He is the director of choral today to recognize and applaud Samuel Mark- studies and assistant professor of music at liam and Mary and receiving a ROTC commis- off who has received the Arvada Wheat Ridge Claflin University. He also directs the Claflin sion from the U.S. Army. During the course of Service Ambassadors for Youth award. Sam- University Concert Choir. his career he served at every level from pla- Dr. McGee is a native South Carolinian, uel Markoff is a senior at Arvada High School toon leader to four star commander. The units having been born and raised in Anderson. He and received this award because his deter- he commanded included the 1st Battalion, is a graduate of my alma mater, South Caro- mination and hard work have allowed him to 35th Armor (Iron Knights), 1st Armored Divi- lina State University, and earned his masters overcome adversities. sion, 1st Brigade (Iron Horse) 1st Cavalry Divi- from the University of South Carolina. Dr. The dedication demonstrated by Samuel sion, 1st Calvary Division, and 3rd U.S. Army/ McGee earned his doctorate from Florida Markoff is exemplary of the type of achieve- Combined Forces Land Component Com- State University in Music Education—Choral ment that can be attained with hard work and mand. He culminated his career serving as the Conducting, and served as a graduate assist- perseverance. It is essential that students at theater commander—COMISAF/US Forces Af- ant and director of the Gospel Choir at Florida all levels strive to make the most of their edu- ghanistan. State. cation and develop a work ethic that will guide This superb officer performed key leader- During his career, Dr. McGee has earned a them for the rest of their lives. ship roles during many of the crises and oper- reputation as an accomplished vocalist, con- ations of the past 15 years. He served as the ductor, adjudicator, and clinician. He has inter- I extend my deepest congratulations once Deputy Chief of Staff G–2/G–3 with the Allied national experience, debuting as the Conte in again to Samuel Markoff for winning the Ar- Command Europe Rapid Reaction Corp) while Cimarosa’s II Convito at Teatro Signorelli in vada Wheat Ridge Service Ambassadors for forward deployed in Sarajevo, Bosnia- Cortona, Italy. He stays very active in profes- Youth award. I have no doubt he will exhibit Herzegovina. From August 1998 until Sep- sional organizations including the American the same dedication he has shown in his aca- tember 1999, he served as Deputy Chief of Choral Directors Association and MENC. demic career to his future accomplishments. Staff, Operations, Headquarters, United States

VerDate Nov 24 2008 04:17 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JN8.025 E09JNPT1 WWOODS2 on PRODPC68 with REMARKS June 9, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1355 Army, Europe and Seventh Army during a pe- mental in achieving success in mission after These provisions should encourage the De- riod of simultaneous operations in Bosnia, Al- mission. He boldly led ‘‘America’s finest’’ dur- partment of Defense to improve its accounting bania, and Kosovo. General McKiernan subse- ing combat operations in Desert Storm, the practices. quently became the Coalition Forces Land Balkans, the invasion of Iraq and finally in the The men and women that serve our nation Component Commander for Central Com- harsh and difficult mountains and deserts of have already sacrificed for our country—there mand. In March 2003, General McKiernan Afghanistan. I know his selfless performance is no excuse for placing undue financial bur- commanded and led all coalition and U.S. of duty, courage under fire, exceptional integ- dens on these men and women as a result of conventional ground forces in the invasion of rity and quiet pursuit of excellence has in- poor accounting practices. I was proud to in- Iraq. spired many American warriors who have troduce legislation to address the hardships As the capstone for an exceptional career of served with him. I am sure he will be truly caused by these errors. I look forward to its service to our country, General McKiernan dis- missed in Afghanistan by his troops, diplo- consideration in the House of Representatives. tinguished himself from 3 June 2008 to 3 June matic colleagues, NATO and our Coalition f 2009 while serving as the Commander, Inter- partners, and the Government of Afghanistan. national Security Assistance Force and Com- It gives me great pleasure today to recognize VITTORRO MAESTAS mander, U.S. Forces—Afghanistan. General and salute a great American—General David McKiernan was instrumental in developing the McKiernan—before my colleagues. I wish HON. ED PERLMUTTER partnerships and setting the conditions nec- General McKiernan and his lovely wife Car- OF COLORADO essary for achieving mission success in Af- men all the best that life has to offer as he IN THE HOUSE OF REPRESENTATIVES ghanistan. He revamped the campaign strat- concludes a most distinguished career in serv- Tuesday, June 9, 2009 egy. He worked to improve command and ice to our country. control in that war by reorganizing the ISAF f Mr. PERLMUTTER. Madam Speaker, I rise headquarters staff to better execute that strat- today to recognize and applaud Vittorro egy and working to establish a new com- INTRODUCTION OF THE MILITARY Maestas who has received the Arvada Wheat mand—U.S. Forces Afghanistan, significantly OVERPAYMENT FAIRNESS ACT Ridge Service Ambassadors for Youth award. improving coordination of counterinsurgency OF 2009 Vittorro Maestas is a senior at Jefferson High operations across Afghanistan. School and received this award because his In the fall of 2008, General McKiernan ar- HON. CAROL SHEA-PORTER determination and hard work have allowed him ticulated the need for a sizeable increase in OF NEW HAMPSHIRE to overcome adversities. U.S. forces in the strategically important IN THE HOUSE OF REPRESENTATIVES The dedication demonstrated by Vittorro southern region of Afghanistan to improve se- Maestas is exemplary of the type of achieve- Tuesday, June 9, 2009 curity and help safeguard national elections in ment that can be attained with hard work and August 2009. He was the first to recommend Ms. SHEA-PORTER. Madam Speaker, I rise perseverance. It is essential that students at the need for a sizeable increase in civilian re- today in support of the Military Overpayment all levels strive to make the most of their edu- sources from the U.S. Government to bolster Fairness Act. Payment errors are common in cation and develop a work ethic that will guide governance and development efforts. all military branches and the burden of having them for the rest of their lives. General McKiernan improved operations in to quickly repay an overpayment can place a I extend my deepest congratulations once Afghanistan, issuing new Counterinsurgency significant strain on military families. again to Vittorro Maestas for winning the Ar- Guidance as the campaign shifted to efforts to When I had a meeting with National Guard vada Wheat Ridge Service Ambassadors for protect the Afghan population, obtaining legal families and asked for their most significant Youth award. I have no doubt he will exhibit authorities to conduct counternarcotics inter- problems, they spoke to me about the hard- the same dedication he has shown in his aca- diction, improving force protection measures, ships caused by overpayment errors. I heard demic career to his future accomplishments. and issuing new guidance that cut down on the story of a National Guard Sergeant from f non-combatant casualties. General McKiernan New Hampshire who was injured in Afghani- worked with the Ministry of Interior to develop stan and hospitalized in Walter Reed. Due to PERSONAL EXPLANATION the Afghan Public Protection Program, which an error by the Defense Finance and Account- could become a blueprint for developing bot- ing Service (DFAS), he received four months HON. J. GRESHAM BARRETT tom up governance in the districts and prov- of pay in error. He immediately brought these OF SOUTH CAROLINA overpayments to DFAS’s attention. DFAS as- inces throughout the country. He worked with IN THE HOUSE OF REPRESENTATIVES the Afghan Government to support a highly sured the service member that there was no successful 2008–2009 voter registration pro- error and that he was entitled to all of the Tuesday, June 9, 2009 gram with over 4.5 million Afghans registering money he received. The service member dis- Mr. BARRETT of South Carolina. Madam without major incident and prepared the plans puted the payments several times, but was Speaker, unfortunately I missed recorded to support a fair and credible election in Au- told they were correct. Then, a year later, votes on the House floor on Monday, June 8, gust 2009. He received approval for his rec- DFAS reversed itself and suddenly notified 2009. ommendation to accelerate the growth of the him that he had been overpaid. They began I ask that the record reflect that had I been Afghan National Army to 134,000 by Decem- deducting at the rate two-thirds of his monthly present, I would have voted ‘‘nay’’ on rollcall ber 2011, and has started the planning effort paycheck. To make matters worse, by this vote No. 311 (Motion to Suspend the Rules to grow the Afghan National Security Forces time he had enrolled in college and still had and Agree to H.R. 1736); ‘‘nay’’ on rollcall vote up to 400,000 in the years to come. He also the continued, added burden of house pay- No. 312 (Motion to Suspend the Rules and was the architect behind the plan to bring in ments. This and other similar stories show the Agree to H.R. 1709); ‘‘aye’’ on rollcall vote No. U.S. units in 2009 that can not only conduct severity of this problem in my home state of 313 (Motion to Suspend the Rules and Agree a rigorous counter-insurgency campaign in the New Hampshire and across the nation. to H. Res. 420). south, but can build the capacity of the Afghan I am introducing this legislation to ease the f Army and Police by training, partnering and burden on servicemen and women by requir- mentoring with Afghan Army and Police units. ing DFAS to take into account the finances of INTRODUCTION OF FEE General McKiernan personally reinvigorated members of the Armed Forces when pay er- DISCLOSURE BILL the Tripartite Commission (TPC) process with rors are made. This bill gives the Department Afghanistan, Pakistan, and ISAF, and con- of Defense the flexibility to negotiate the terms HON. RICHARD E. NEAL ducted bilateral meetings to improve U.S. and of repayment, taking into account the finances OF MASSACHUSETTS Pakistan relations and to make the case that of the service member, to avoid causing serv- IN THE HOUSE OF REPRESENTATIVES both countries face a mutual terrorist threat. It ice members undue hardship. In addition, the Tuesday, June 9, 2009 is certainly my hope that General McKiernan’s bill states that not more than 10 percent of a initiatives build momentum going into the sum- service member’s pay can be deducted Mr. NEAL of Massachusetts. Madam Speak- mer of 2009. monthly for an overpayment. Currently, up to er, I rise today to introduce The Defined Con- General David D. McKiernan is a true Amer- two-thirds of a service member’s salary can be tribution Plan Fee Transparency Act of 2009. ican patriot. His leadership, keen intellect and deducted. The bill delays repayments if serv- During the last Congress, we expected some performance throughout an intensive and de- ice members are wounded, ill, or deployed. It guidance from the Department of Labor on the manding period of military history were instru- also has a five-year statute of limitations. issue of fee transparency, but not much was

VerDate Nov 24 2008 04:17 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JN8.029 E09JNPT1 WWOODS2 on PRODPC68 with REMARKS E1356 CONGRESSIONAL RECORD — Extensions of Remarks June 9, 2009 finally implemented. Therefore, I believe that statement that participants should not select requiring all service providers, whether they Congressional action is warranted and this bill investments based solely on fees but based just provide recordkeeping or if they perform it provides a strong disclosure requirement to on careful consideration of a range of factors all, to disclose fees in broad categories, such benefit both workers and companies in under- including the alternatives’ risk level, returns as these, companies and employees can bet- standing fees. and investment objectives. The bill requires ter evaluate what they are getting for what A few years ago, AARP conducted a survey this information about plan investments to be price they pay. It is my understanding that of 401(k) participants to find out what they provided to employees annually as well. some service providers are already disclosing knew about the fees paid by their plans. Plan In addition to this enrollment notice, each more than what is required. I hope that we fees can make a huge difference in your ac- quarter, participants would receive information can capture those ‘‘best practices’’ and imple- count balance. As the Department of Labor about the investments they had selected and ment them across the board so that all work- has pointed out in a helpful guide on the the fees applicable to their accounts. This ers and employers have the best data avail- issue, ‘‘Fees and expenses paid by your plan quarterly notice would describe which invest- able. may substantially reduce the growth in your ment alternatives the individual participant was Additionally, my bill would apply not only to account.’’ Literally, it pays to know what these invested in, what percentage of the partici- 401(k) plans, but to all tax-preferred, partici- expenses are. What the AARP found in their pant’s total account each alternative rep- pant-directed defined contribution plans, in- survey is instructive: 83 percent of participants resented, the risk and return characteristics of cluding 403(b) plans and governmental 457(b) acknowledged they do not know how much each such alternative and whether such alter- plans. The amendments contained in the bill they pay in fees or expenses. Considering the natives were passively or actively managed. are all within the Internal Revenue Code, and number of people who have told me they do The statement would also summarize for par- therefore, penalties for not complying will be not dare to even open their 401(k) statement ticipants what asset classes their account is taxes assessed per violation per day, subject in this devalued market, that percentage may invested in, with percentage breakdowns. On to a cap. The bill is forward-thinking, pushing have increased even more! fees, the quarterly notice must describe the electronic delivery as much as possible. I But fees are a serious issue and one which annual operating expenses (with dollar exam- hope to work with the Chairman of the Ways participants need to understand from the out- ples) and any sales charges for the alter- and Means Committee, Mr. RANGEL, to ad- set. The House Education and Labor Com- natives the participant has selected, any sepa- dress this issue within the Committee very mittee has held several hearings to highlight rate charges for plan administration and any soon as I know he shares my concern that the this issue over the past 18 months, and I com- deductions for participant-initiated services. In taxpayers’ interests be protected. mend the Committee Chairman, Mr. MILLER, addition, to assist employees who may want to Despite the fact that 8 in 10 participants do for his leadership and thoughtful ideas about make investment changes, the notice must tell not know what fees are charged, there is how to address fair disclosure. participants how to access investment char- some good news out there too. According to The growth in defined contribution plans of- acteristic and fee information for alternatives in a survey released in April by Deloitte, the fers great opportunities for workers, with alter- which they are not invested. International Foundation of Employee Benefit natives and options they did not have before. My bill also requires service providers to Plans, and the International Society of Cer- Many workers, however, are simply over- disclose to employers various fee and ex- tified Employee Benefit specialists, the aver- whelmed with the information distributed and, pense information in advance of a contract. age expense ratio for plan investments was because of that, may not be able to utilize This will ensure that employers have the infor- down from the prior survey period. Clearly, the these opportunities. Certainly, more disclosure mation they need to bargain effectively with attention to fees is having some impact result- is preferred. But, as AARP found out, the plan service providers and to keep costs at ing in lower costs. need to better understand this information reasonable levels for participants. It is my hope that this bill will provide much means it must be in an easily digestible format Providers must give the employer an esti- more information about plan fees and ex- and in plain English. mate of total fees, a detailed and itemized list penses in a useful way without overwhelming The legislation I am filing today, which up- of all the services to be provided under the recipients. I urge my colleagues to join me in dates the bill I filed last Congress, would pro- contract and a schedule of any transaction this effort. vide for disclosure both to the worker and to charges that participants may face. Providers f the employer. Participants, or workers, would that offer multiple bundled services must sepa- get both an enrollment notice up-front and a rate the fees charged under the contract into STEM EDUCATION COORDINATION quarterly notice updating them on their ac- fees for investment management and fees for ACT OF 2009 count. At enrollment, the bill requires that for administration and recordkeeping and must each of the plan’s investment alternatives, the also disclose fees paid to intermediaries or SPEECH OF employer would have to disclose the alter- other third-parties. Providers must also dis- HON. MAXINE WATERS native’s objective and investment manager, its close whether they expect to receive pay- OF CALIFORNIA risk and return characteristics and its historic ments from third-parties in connection with IN THE HOUSE OF REPRESENTATIVES rates of return in comparison to a benchmark. providing services to the plan, also referred to In addition, the employer must indicate wheth- as revenue-sharing, and if so, must name Monday, June 8, 2009 er the alternative is passively managed, as those parties and the amount expected to be Ms. WATERS. Madam Speaker, I add my with an index fund, or actively managed, plus received from each. This revenue-sharing in- support of House Resolution 1709, providing the differences between these two investment formation is critical so that employers under- for the creation of a committee under the Na- styles and whether or not the alternative is a stand how their providers are being paid and tional Science and Technology Council to co- single-alternative investment solution, such as whether any such financial relationships give ordinate federal programs in support of a lifecycle or target retirement date fund. rise to potential conflicts of interest. Providers science, technology, engineering and mathe- Regarding fees, the bill requires employers will likewise have to disclose whether they matics education. This legislation will syn- to disclose to employees at enrollment the an- may benefit from the offering of proprietary in- chronize programs at the National Science nual operating expenses for each investment vestment products or those of third parties and Foundation, the Department of Energy, the alternative (together with a translation of these must tell employers if the investment products National Aeronautics and Space Administra- asset-based fees into illustrative dollar offered to the plan are available at other price tion, the National Oceanic and Atmospheric amounts), whether such fees pay for services levels. Plan service providers must also pro- Administration, the Department of Energy and beyond investment management, such as plan vide this detailed disclosure statement to em- Education—all organizations with a vested in- administration, and whether there are addi- ployers every year the contract is in place and terest in the promotion of STEM (science, tional charges for buying or selling the par- prior to any material modification of the con- technology, engineering and mathematics) ticular alternative, such as redemption fees. In tract. In addition, employers must make such education. This committee will provide a forum addition, participants must be provided with in- statements available to plan participants upon for our federal agencies to coordinate STEM formation about any separate fees they will be written request so that those employees who activities and determine new ways to advertise charged for plan administration as well as a want to delve into the details of the plan’s fi- programs to elementary and secondary stu- notice that certain plan services they may de- nancing can do so. dents, eliminating two large roadblocks in the cide to use could have separate charges as- The Department of Labor’s guide on 401(k) promotion of programs already provided by sociated with them, such as investment advice fees states that fees and expenses generally these agencies. I commend my colleague programs, brokerage windows, or plan loans. fall into three categories: plan administration, Representative BART GORDON, for bringing this Accompanying these disclosures would be a investment, and individual services fees. By important measure before the House.

VerDate Nov 24 2008 04:17 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JN8.033 E09JNPT1 WWOODS2 on PRODPC68 with REMARKS June 9, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1357 As a former teacher and Head Start coordi- and The Harry and Jeanette Weinberg Foun- MARIAH MCCORMICK nator, I fully understand the importance of all dation. These resources allow The Center to proposals that extend the reach of education help victims who cannot stay at a domestic vi- HON. ED PERLMUTTER among the youth of our country. In Fiscal Year olence shelter, because of physical or cog- OF COLORADO 2010, I requested funding for the African- nitive issues that occur in late-life, find a safe IN THE HOUSE OF REPRESENTATIVES American Male Achievers Network to provide temporary place to live, where their special students access to year-round technology en- needs can be met and the healing can begin. Tuesday, June 9, 2009 richment activities and opportunities to explore On June 15th, CAPE will be holding a World Mr. PERLMUTTER. Madam Speaker, I rise STEM related education and career paths. Elder Abuse Awareness Day event at the Jew- today to recognize and applaud Mariah This funding has the potential to the increase ish Home for the Elderly in Fairfield. I com- McCormick who has received the Arvada academic achievement of inner city students mend their efforts to ensure that my constitu- Wheat Ridge Service Ambassadors for Youth and decrease gang involvement and commu- ents know how to spot the signs that a friend award. Mariah McCormick is a senior at Po- nity violence. Furthermore, innovation is key to or loved one may be the victim of abuse, and mona High School and received this award our economic competitiveness in the World. where they can go for help. And I encourage because her determination and hard work Under current trends, by the year 2010, more my colleagues to contact me to learn more have allowed her to overcome adversities. than 90 percent of engineers and scientists about elder abuse and become part of the so- The dedication demonstrated by Mariah will be living outside of the U.S. and currently lution in their communities. McCormick is exemplary of the type of more than 50 percent of all engineering doc- achievement that can be attained with hard toral degrees awarded by American engineer- Again, I commend the work of The Center work and perseverance. It is essential that stu- ing colleges are to foreign nationals. We have and CAPE. Ending elder abuse begins by dents at all levels strive to make the most of a pressing need to cultivate the next genera- making every day World Elder Abuse Aware- their education and develop a work ethic that tion of science and mathematically oriented ness Day. will guide them for the rest of their lives. Americans by providing them access to the I extend my deepest congratulations once vast resources that our federal agencies can f again to Mariah McCormick for winning the Ar- provide. vada Wheat Ridge Service Ambassadors for Madam Speaker, this measure is quite im- CONGRATULATING THE UNIVER- Youth award. I have no doubt she will exhibit portant to the future of our great country and SITY OF WASHINGTON MEN’S the same dedication she has shown in her I’m pleased to add my voice in support for this CREW TEAM academic career to her future accomplish- legislation. I plan to work with my colleagues ments. to ensure that future American engineers and scientists have the resources have the capa- HON. JIM McDERMOTT f bility and resources to innovate and create OF WASHINGTON HONORING GRANT TUCEK FOR HIS technologies. IN THE HOUSE OF REPRESENTATIVES APPOINTMENT TO THE UNITED f STATES MILITARY ACADEMY WORLD ELDER ABUSE Tuesday, June 9, 2009 AWARENESS DAY Mr. MCDERMOTT. Madam Speaker, I would HON. PHIL GINGREY like to submit the following: OF GEORGIA IN THE HOUSE OF REPRESENTATIVES HON. ROSA L. DeLAURO University of Washington Men’s Rowing OF CONNECTICUT Team and Honored Guests, Tuesday, June 9, 2009 IN THE HOUSE OF REPRESENTATIVES I write to give my hearty congratulations Mr. GINGREY of Georgia. Madam Speaker, Tuesday, June 9, 2009 to the University of Washington’s men’s row- I rise today to recognize a young man from ing team for earning their 12th varsity eight Ms. DELAURO. Madam Speaker, I rise Georgia’s 11th Congressional District who has national championship, the 107th IRA Re- distinguished himself as an excellent student today to recognize the important work being gatta, and sweeping the eights on the way to done in Connecticut to bring attention to the a historic four golds and five medals overall. and leader and has committed to serving his problem of elder abuse, and to ask that all of country. I am proud to announce that Grant This astounding overall performance was Tucek from Powder Springs, Georgia has re- my colleagues join the national observance of capped by a thrilling come-from-behind vic- World Elder Abuse Awareness Day on June tory over arch-rival California and I would ceived appointments to both the United States 15th. like to take this time to commend the var- Military Academy and the United States Naval Older adults are our parents and neighbors sity rowers on their fine performance. Heath Academy and will enter the Military Academy and friends—the grown-ups who cared for us Allen, Aljosa Corovic, Will Crothers, Steve this year. Grant attends Harrison High School when we were young and once protected us Full, Rob Gibson, Jesse Johnson, Max Lang, where he has a 4.22 grade point average and from harm. Now, we can help them live safely Katelin Snyder, and David Worley have is a member of the National Honor Society and with dignity. Sadly, elder abuse and ne- earned my utmost admiration, as have all and the National Beta Club. Grant is also in glect happens all too frequently in America. the members of the University of Washing- the top 5% of all foreign language students. ton’s rowing team, down to the last rower in Elder abuse can be financial, sexual, emo- the boathouse. Despite Grant’s heavy focus on academics, he tional, and neglect; and it is not always inten- has remained very active in extracurricular ac- tional. It can happen in any kind of home. What makes this victory so impressive is tivities. During High School, Grant has partici- the volume of dominance exhibited by this Sometimes abuse is the unintended action of extremely deep team. The varsity eight win- pated in the Navy JRROTC, where he has an overwhelmed family member. Sometimes it ning gold is an impressive feat in itself, but served as Company Executive Officer, is out of anger. Never is it deserved. Only one to sweep the eights is the highest testament Orienteering Team Commander, and as a out of five cases is ever reported, and aware- to the dedication of the team and the culture member of the Rifle Team. He was also hon- ness of the problem is our first line of defense. of hard work and determination established ored with the American Legion Military medal. In Connecticut’s Third District, The Coalition by Coach Bob Ernst. Grant has also contributed to the arts and for the Advocacy, Prevention and Elimination Since 1903, when the University of Wash- athletics at Harrison High School, playing of Older Adult Abuse (CAPE), is working to ington first participated in intercollegiate trumpet in the Symphonic Band and running bring this hidden crisis into the light. They rowing, our crews have established them- on Harrison’s track and field team. Grant began a little over a year ago with a grant selves as the toughest and most determined Tucek is an incredibly well-rounded young from the National Committee for the Preven- crews in the country. This year’s crews have man, and I am honored to have the privilege continued that tradition by emphatically tion of Elder Abuse. CAPE is led by The Cen- putting the ‘‘gold’’ back in the purple and to nominate him for an appointment to the ter for Elder Abuse Prevention at The Jewish gold. U.S. Military Academy. I want to take this time Home for the Elderly and the Southwestern to congratulate Grant as well as his parents, I am extremely proud to represent you in Area Agency on Aging. Today, the partnership Congress and I know that with the founda- Wayne and Denise Tucek, for his accomplish- has earned the generous support of The Rob- tion of hard work instilled in these young ments. It is because of dedicated young peo- ert Wood Johnson Foundation Local Funding rowers by their coach and the University of ple like Grant that America has the finest mili- Partnerships and many local funders including Washington, there are no limits to what they tary in the world. Our Nation is fortunate to The Fairfield County Community Foundation will go on to accomplish in life. have his service.

VerDate Nov 24 2008 04:17 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A09JN8.035 E09JNPT1 WWOODS2 on PRODPC68 with REMARKS E1358 CONGRESSIONAL RECORD — Extensions of Remarks June 9, 2009 HONORING NEWSWEEK RANKING special tribute to an outstanding school in my through her stage talents, appearing in several OF THE SCHOOL FOR THE TAL- district in Northwest Ohio. Van Wert Middle shows each year with the Bedford County ENTED AND GIFTED AND THE School in Van Wert, Ohio is one of only 80 Players, a local non-profit theater group that SCHOOL FOR SCIENCE AND ENGI- schools in the United States to be recognized promotes the involvement of youth in on stage NEERING AT YVONNE A. EWELL as a School to Watch by the National Forum productions. With respect to scouting, after TOWNVIEW CENTER to Accelerate Middle Grades Reform. years of service to her two sons, and the Boy Madam Speaker, there is no question that Scouts, as a scout leader, Annette remains HON. EDDIE BERNICE JOHNSON education is the foundation of our country. active as a merit badge counselor, where she OF TEXAS From the earliest days of our nation’s history, helps scouts to earn their Theatre Merit IN THE HOUSE OF REPRESENTATIVES children have sought out the opportunity to Badges. Through her dedication to community serv- Tuesday, June 9, 2009 learn subjects such as math, science, and lit- erature. Education has opened doors for ice, and her enduring commitment to the Ms. EDDIE BERNICE JOHNSON of Texas. America’s citizens and allowed our nation to young men and women of Bedford County, Madam Speaker, I would like to congratulate be one of the most advanced in the world. Annette Godissart is an exemplary citizen who the School for the Talented and Gifted and the Every year, the Schools to Watch program embraces the Rotary Motto of ‘‘Service above School for Science and Engineering at Yvonne identifies schools across the country that are Self.’’ She is deserving of this year’s Citizen of A. Ewell Townview Center for receiving the well on their way to meeting the criteria for the Year Award, and I congratulate her for all extraordinary honor of being ranked as the top high performance. These schools are known her efforts. two public schools in the nation. to be academically excellent, developmentally f Each year, Newsweek ranks the top public high schools out of a possible 27,000, placing responsive, and socially equitable. EMILIO MARTINEZ these two schools as the top two out of the In order for Van Wert Middle School to be 1,500 schools listed. For 2009 the Magnet selected for this prestigious honor, this high- performing school established norms, struc- HON. ED PERLMUTTER School for the Talented and Gifted ranked OF COLORADO tures and organizational arrangements to sup- number one, with the Magnet School for Engi- IN THE HOUSE OF REPRESENTATIVES port and sustain its trajectory toward excel- neering and Science ranking number two. I Tuesday, June 9, 2009 am delighted that these two schools have lence. Van Wert Middle School has a sense of achieved such a distinction, placing them purpose that drives every facet of their prac- Mr. PERLMUTTER. Madam Speaker, I rise among the elite public institutions in this coun- tice and decision-making. today to recognize and applaud Emilio Mar- try. Madam Speaker, I ask my colleagues to join tinez who has received the Arvada Wheat Additionally, I would like to recognize W. T. me in paying special tribute to the Van Wert Ridge Service Ambassadors for Youth award. White High School which ranked 171st and Middle School. Our communities are well Emilio Martinez is a senior at Arvada High Woodrow Wilson High School which ranked served by having dedicated educators who go School and received this award because his 637th. These rankings put all of these high above and beyond the norm to teach the citi- determination and hard work have allowed him schools in the top 6 percent of all public sec- zens of tomorrow. On behalf of the people of to overcome adversities. ondary schools in the country. the Fifth District of Ohio, I am proud to recog- The dedication demonstrated by Emilio Mar- Located in my district of Dallas, Texas, nize this great achievement. tinez is exemplary of the type of achievement Townview Magnet is one of the most diverse f that can be attained with hard work and perse- schools in the state, with minorities rep- verance. It is essential that students at all lev- resenting over half of the student population. HONORING ANNETTE GODISSART els strive to make the most of their education Given the diverse nature of the City of Dallas and develop a work ethic that will guide them itself, and the increased globalization of most HON. BILL SHUSTER for the rest of their lives. industries, the students attending these two OF PENNSYLVANIA I extend my deepest congratulations once schools will have the opportunity not only to IN THE HOUSE OF REPRESENTATIVES again to Emilio Martinez for winning the Ar- impact the Dallas area, but on a global scale. vada Wheat Ridge Service Ambassadors for Tuesday, June 9, 2009 This marks the third time in 4 years that the Youth award. I have no doubt he will exhibit School for the Talented and Gifted has been Mr. SHUSTER. Madam Speaker, I rise the same dedication he has shown in his aca- ranked number one in the nation. This unveil- today to honor the accomplishments of Ms. demic career to his future accomplishments. ing marks the second time that the School of Annette Godissart, the recipient of the Bedford f Engineering and Science has been ranked County Rotary Club’s 2009 Citizen of the Year RECOGNIZING CONGREGATION second nationally, the other year being in Award. As this year’s award winner, Annette TORAT EMET 2007. has shown exemplary service as a citizen of This honor shows the values of a good edu- Bedford County. cational environment, as many of the students In addition to her duties as a Laboratory and HON. PATRICK J. TIBERI attending these two schools will have opportu- Cardio-Pulmonary Manager at UPMCBedford OF OHIO nities to be the future leaders of this country. Hospital, Annette has remained steadfast in IN THE HOUSE OF REPRESENTATIVES This honor will serve as an inspiration to the her service to the community as a volunteer, Tuesday, June 9, 2009 faculty, staff and students of Townview Mag- with an emphasis on the youth of Bedford Mr. TIBERI. Madam Speaker, it is with great net School to maintain a high level of work. I County. Whether serving the Bedford County pleasure that I rise to recognize Congregation extend my appreciation for the hard work of School System as a member of the Athletic or Torat Emet. This synagogue is the product of everyone involved in achieving this honor, and Technology Committee, or acting as umpire the hard work and dedication of many individ- lend my support to the future success of for youth softball games, her efforts to aid in uals in Central Ohio and their commitment to Townview. the positive development of Bedford County the religious growth of their membership and Madam Speaker, again, I congratulate the youths have been constant. the local Jewish community. students, teachers, principals and parents of Annette has been integral to the success of Central Ohio is blessed with many houses Townview Magnet School for the Talented and the Bedford County ‘‘Reality Tour’’ at the Bed- of faith that can claim long traditions of service Gifted and the Magnet School for Science and ford County Jail. Here, on a monthly basis, to our community. The addition of Congrega- Engineering on this honor. she has spent the last five years working to tion Torat Emet to Central Ohio will continue f convey the importance of remaining drug-free to make it a vibrant and thriving spiritual cen- A SPECIAL TRIBUTE TO VAN to hundreds of local teenagers by showing ter. The congregation will serve the community WERT MIDDLE SCHOOL them the stark realities of drug abuse. This well and is an inspiration to all. type of selfless volunteerism is another way in Throughout our community’s history those which Annette seeks to mold the future lead- seeking a place to learn more about their faith HON. ROBERT E. LATTA ers of Bedford County. have found a home among our houses of wor- OF OHIO The artistic and civic-minded aspects of ship. The faithful dedication exhibited helps to IN THE HOUSE OF REPRESENTATIVES Annette’s community service are shown in her make Columbus and Central Ohio the kind of Tuesday, June 9, 2009 involvement in community theatre as well as place where citizens of all religions and na- Mr. LATTA. Madam Speaker, it is with a the Boy Scouts of America. In the theatre An- tionalities desire to live, work and raise their great deal of pride that I rise to pay a very nette entertains Bedford County residents families.

VerDate Nov 24 2008 04:17 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JN8.039 E09JNPT1 WWOODS2 on PRODPC68 with REMARKS June 9, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1359 This congregation, of more than 150 fami- Some recent successes of the program in- tions to support functions related to the con- lies, began only five years ago. The goal of clude neuromotor prosthesis for paralyzed pa- duct of research and education. securing and strengthening modern Orthodoxy tients, development of an artificial retina for Additionally, this legislation will broaden the in Central Ohio has been driven by Jay and veterans who have lost vision due to retinal qualifications for the two mandatory non-VA Jeanie Schottenstein along with Rabbi Howard damage, and the use of a generic drug board members beyond familiarity with med- Zack. Rabbi Zack has been the Spiritual Lead- (prazosin) for veterans with Post Traumatic ical research and education to acquire those er of Congregation Torat Emet since its incep- Stress Disorder. with legal and financial expertise for sound tion in September 2001. Today, as they open Importantly, this research program does not governance and financial management. This their second Synagogue in Columbus, Ohio just benefit veterans but also American citi- provision would also remove the overly strict may the local Jewish community celebrate the zens as a whole. Years ago, this program was language prohibiting non-VA board members reality of this vision. responsible for bringing to the medical com- from having any financial relationship, current I offer my congratulations to the Congrega- munity the pacemaker. tion Torat Emet and the dedication of their or past with a for-profit entity which funds VA new facility. Nonprofit Research Corporations were au- research or education. This change would be thorized by Congress in 1988. The intent of consistent with the rules applied to federal em- f these Corporations was to provide a flexible ployees in dealing with conflict of interest by VETERANS NONPROFIT RESEARCH funding mechanism to conduct research and allowing for means of recusal. AND EDUCATION CORPORATIONS education at VA medical centers. Today, there This legislation further clarifies the powers ENHANCEMENT ACT OF 2009 are 82 independent, state-chartered corpora- of corporations. Some of the key authorities tions. provided by this provision include allowing the HON. BOB FILNER Nonprofit research corporations are a critical Corporations to charge registration fees for OF CALIFORNIA component of the overall VA research pro- education and training programs and to use IN THE HOUSE OF REPRESENTATIVES gram. In Fiscal Year 2007 alone, nonprofits such funds to offset program expenses or for Tuesday, June 9, 2009 were responsible for securing $250 million future educational purposes. from the private sector and non-VA public Mr. FILNER. Madam Speaker, today I intro- funding to support over 4,000 research and It will allow the VA to reimburse Nonprofit duce the ‘‘Veterans Nonprofit Research and education programs at the VA. This includes Research Corporations for the salary and ben- Education Corporations Enhancement Act of providing nearly 2,500 without compensation efits of NPC employees loaned to VA under 2009’’. research employees who work side-by-side Intergovernmental Personnel Act (IPA) assign- As the nation’s largest healthcare provider ments. network and the custodian of our veterans’ with VA-salaried employees. Finally this legislation will improve account- health, the Department of Veterans Affairs has This legislation authorizes the creation of ability and oversight of corporations by requir- an important role to play in the development of multi-medical center research corporations innovative new healthcare technologies, medi- that would allow two or more VA medical cen- ing each Nonprofit Research Corporation to cation, and practices. ters to share one Nonprofit Research Corpora- submit an annual report to the Secretary of Mr. Speaker, the Department of Veterans tion. VA facilities with small research programs the VA on operations, activities, and accom- Affairs research program is well respected may join with larger ones. Additionally, smaller plishments. It would also require Nonprofit Re- within the research community. The program ones will be allowed to pool resources to sup- search Corporations with revenues in excess focuses on research that concerns the special port a Corporation. of $300,000 in any given year to obtain an health care needs of veterans especially war It also clarifies the purpose of the corpora- audit. related injuries and illnesses. tion by enabling Nonprofit Research Corpora- I urge your support.

VerDate Nov 24 2008 04:17 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\K09JN8.019 E09JNPT1 WWOODS2 on PRODPC68 with REMARKS Tuesday, June 9, 2009 Daily Digest Senate Chamber Action Measures Considered: Family Smoking Prevention and Tobacco Con- Routine Proceedings, pages S6319–S6392 trol Act: Senate continued consideration of H.R. Measures Introduced: Twelve bills and ten resolu- 1256, to protect the public health by providing the tions were introduced, as follows: S. 1211–1222, S.J. Food and Drug Administration with certain author- Res. 17, S. Res. 173–180, and S. Con. Res. 25. ity to regulate tobacco products, to amend title 5, Page S6364 United States Code, to make certain modifications in Measures Passed: the Thrift Savings Plan, the Civil Service Retirement System, and the Federal Employees’ Retirement Sys- Native American Heritage Day Act: Senate tem, taking action on the following amendments passed H.J. Res. 40, to honor the achievements and proposed thereto: Pages S6327–29, S6335–40, S6341–42, contributions of Native Americans to the United S6347 States, clearing the measure for the President. Rejected: Page S6389 By 36 yeas to 60 nays (Vote No. 205), Burr/ U.S. Policy During Political Transition in Hagan Amendment No. 1246 (to Amendment No. Zimbabwe: Senate agreed to S. Res. 176, expressing 1247), in the nature of a substitute. Page S6347 the sense of the Senate on United States policy dur- Pending: ing the political transition in Zimbabwe. Dodd Amendment No. 1247, in the nature of a Pages S6389–90 substitute. Page S6347 International Labour Organization’s Adoption Schumer (for Lieberman) Amendment No. 1256 of Convention 182: Senate agreed to S. Res. 177, (to Amendment No. 1247), to modify provisions re- recognizing the 10th anniversary of the International lating to Federal employees retirement. Page S6347 Labour Organization’s unanimous adoption of Con- A unanimous-consent-time agreement was reached vention 182, ‘‘Concerning the Prohibition and Im- providing for further consideration of the bill at ap- mediate Action for the Elimination of the Worst proximately 10:30 a.m., on Wednesday, June 10, Forms of Child Labour’’. Page S6390 2009, and all post-cloture time having expired, there be one hour of debate prior to a vote on the motion Supporting Olympic Day: Senate agreed to S. to invoke cloture on the bill, with the time equally Res. 178, supporting Olympic Day on June 23, divided and controlled between Senators Dodd and 2009, and encouraging the International Olympic Enzi, or their designees; provided that upon the use Committee to select Chicago, Illinois as the host city or yielding back of time, and disposition of Schumer for the 2016 Olympic and Paralympic Games. (for Lieberman) Amendment No. 1256 (to Amend- Pages S6390–91 ment No. 1247) (listed above), Dodd Amendment Congratulating the American Society of Mechan- No. 1247 (listed above) be agreed to, and Senate ical Engineers: Senate agreed to S. Res. 179, con- vote on the motion to invoke cloture on the bill; gratulating the American Society of Mechanical En- provided further, that if cloture is invoked, then gineers on its 125 years of codes and standards de- post-cloture time be considered to have begun at velopment. Page S6391 12:05 a.m., on Wednesday, June 10, 2009, and that Authorizing Testimony and Legal Representa- all post-cloture time continue to run during any re- cess, adjournment, or period of morning business. tion: Senate agreed to S. Res. 180, to authorize testi- mony and legal representation in United States v. Page S6392 Edward Bloomer, Frank Cordaro, Elton Davis, Ches- Message from the President: Senate received the ter Guinn, and Renee Espeland. Pages S6391–92 following message from the President of the United States: D659

VerDate Nov 24 2008 05:40 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D09JN9.REC D09JNPT1 WWOODS2 on PRODPC68 with DIGEST D660 CONGRESSIONAL RECORD — DAILY DIGEST June 9, 2009 Transmitting a legislative proposal relative to the ‘‘Statutory Pay-As-You-Go Act of 2009,’’ or Committee Meetings ‘‘PAYGO,’’ together with a sectional analysis; which (Committees not listed did not meet) was referred to the Committee on the Budget. (PM–22) Page S6363 APPROPRIATIONS: DEPARTMENT OF THE Nominations Received: Senate received the fol- TREASURY AND THE INTERNAL REVENUE lowing nominations: SERVICE Inez Moore Tenenbaum, of South Carolina, to be Committee on Appropriations: Subcommittee on Finan- Chairman of the Consumer Product Safety Commis- cial Services and General Government concluded a sion. hearing to examine proposed budget estimates for Inez Moore Tenenbaum, of South Carolina, to be fiscal year 2010 for the Department of the Treasury a Commissioner of the Consumer Product Safety and the Internal Revenue Service, after receiving tes- Commission for a term of seven years from October timony from Timothy F. Geithner, Secretary of the 27, 2006. Treasury, and Douglas Shulman, Commissioner, In- Robert S. Adler, of North Carolina, to be a Com- ternal Revenue Service. missioner of the Consumer Product Safety Commis- APPROPRIATIONS: DEPARTMENT OF sion for a term of seven years from October 27, DEFENSE 2007. Committee on Appropriations: Subcommittee on Defense Maria Otero, of the District of Columbia, to be concluded a hearing to examine proposed budget es- an Under Secretary of State (Democracy and Global timates for fiscal year 2010 for the Department of Affairs). Defense, after receiving testimony from Robert Kenneth H. Merten, of Virginia, to be Ambas- Gates, Secretary, and Admiral Michael Mullen, USN, sador to the Republic of Haiti. Chairman, Joint Chiefs of Staff, both of the Depart- William E. Spriggs, of Virginia, to be an Assist- ment of Defense. ant Secretary of Labor. APPROPRIATIONS: DEPARTMENT OF Routine lists in the Air Force and Navy. HEALTH AND HUMAN SERVICES Page S6392 Committee on Appropriations: Subcommittee on Labor, Messages from the House: Page S6363 Health and Human Services, Education, and Related Measures Referred: Page S6363 Agencies concluded a hearing to examine proposed Measures Placed on the Calendar: budget estimates for fiscal year 2010 for the Depart- Pages S6319, S6363 ment of Health and Human Services, after receiving testimony from Kathleen Sebelius, Secretary of Executive Reports of Committees: Page S6364 Health and Human Services. Additional Cosponsors: Pages S6364–66 DEFENSE AUTHORIZATION REQUEST Statements on Introduced Bills/Resolutions: Committee on Armed Services: Subcommittee on Airland Pages S6366–88 concluded a hearing to examine the Defense Author- Additional Statements: Pages S6362–63 ization request for fiscal year 2010 and the Future Years Defense Program for tactical aviation pro- Notices of Hearings/Meetings: Page S6388 grams, after receiving testimony from Vice Admiral Authorities for Committees to Meet: David Architzel, USN, Principal Deputy, Office of Pages S6388–89 the Assistant Secretary of the Navy for Research, De- Record Votes: One record vote was taken today. velopment, and Acquisition, Lieutenant General (Total—205) Page S6347 George J. Trautman III, USMC, Deputy Com- mandant for Aviation, United States Marine Corps, Adjournment: Senate convened at 10 a.m. and ad- Lieutenant General Mark D. Shackelford, USAF, journed at 7:37 p.m., until 9:30 a.m. on Wednes- Military Deputy, Office of the Assistant Secretary of day, June 10, 2009. (For Senate’s program, see the the Air Force for Acquisition, Rear Admiral Allen remarks of the Acting Majority Leader in today’s G. Myers, USN, Director, Warfare Integration/Senior Record on page S6392.) National Representative, Office of the Chief of Naval Operations, and Major General Marke F. Gibson, USAF, Director of Operations, Deputy Chief of Staff for Operations, Plans and Requirements, Department of the Air Force, all of the Department of Defense.

VerDate Nov 24 2008 05:40 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D09JN9.REC D09JNPT1 WWOODS2 on PRODPC68 with DIGEST June 9, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D661 BUSINESS MEETING Concerned Scientists and, Kenneth P. Green, Amer- Committee on Armed Services: Committee ordered favor- ican Enterprise Institute, both of Washington, D.C.; ably reported three nominations in the Army, Navy, and Lynn R. Goldman, Johns Hopkins University and Air Force. Bloomberg School of Public Health, Baltimore, Maryland. OCEANS AND ECONOMIC FUTURE NOMINATIONS Committee on Commerce, Science, and Transportation: Sub- committee on Oceans, Atmosphere, Fisheries, and Committee on Foreign Relations: Committee concluded Coast Guard concluded a hearing to examine the role a hearing to examine the nomination of Ellen O. of the oceans in our nation’s economic future, after Tauscher, of California, to be Under Secretary of receiving testimony from Deerin Babb-Brott, Massa- State for Arms Control and International Security, chusetts Executive Office of Energy and Environ- after the nominee, who was introduced by Senator mental Affairs Assistant Secretary of Oceans and Feinstein and Representative Hoyer, testified and an- Coastal Zone Management, Boston; Judith T. swered questions in her own behalf. Kidlow, National Ocean Economics Program, Moss NOMINATION Landing, California; Alexandra Cousteau, Blue Leg- acy International, Washington, D.C.; William Committee on Foreign Relations: Committee concluded Fenical, University of California Scripps Institution a hearing to examine the nomination of Eric P. of Oceanography, San Diego; Brad Warren, Sustain- Goosby, of California, to be Ambassador at Large able Fisheries Partnership, Seattle, Washington; and and Coordinator of United States Government Ac- Willett Kempton, University of Delaware College of tivities to Combat HIV/AIDS Globally, Department Earth Ocean and Environment, Newark. of State, after the nominee testified and answered questions in his own behalf. BUSINESS MEETING Committee on Energy and Natural Resources: Committee PROLONGED DETENTION ordered favorably reported the nominations of Cath- Committee on the Judiciary: Subcommittee on the Con- erine Radford Zoi, of California, to be Assistant Sec- stitution concluded a hearing to examine the legal, retary for Energy, Efficiency, and Renewable Energy, moral, and national security consequences of pro- and William F. Brinkman, of New Jersey, to be Di- longed detention, after receiving testimony from rector of the Office of Science, both of the Depart- Sarah H. Cleveland, Columbia Law School, New ment of Energy, and Anne Castle, of Colorado, to be York, New York; and Richard Klingler, Sidley Aus- Assistant Secretary of the Interior. tin LLP, David H. Laufman, Kelley, Drye, and War- ren LLP, Tom Malinowski, Human Rights Watch, ENVIRONMENTAL PROTECTION AGENCY Elisa Massimino, Human Rights First, and David B. OVERSIGHT Rivkin, Jr., Baker and Hostetler LLP, on behalf of Committee on Environment and Public Works: Com- the Foundation for Defense of Democracies Center mittee concluded a joint hearing with the Sub- for Law and Counterterrorism, all of Washington, committee on Oversight to examine scientific integ- D.C. rity and transparency reforms at the Environmental Protection Agency, after receiving testimony from INTELLIGENCE Lisa P. Jackson, Administrator, Environmental Pro- Select Committee on Intelligence: Committee held closed tection Agency; John B. Stephenson, Director, Nat- hearings on intelligence matters, receiving testimony ural Resources and Environment, Government Ac- from officials of the intelligence community. countability Office; Francesca T. Grifo, Union of Committee recessed subject to the call. h House of Representatives Chamber Action Additional Cosponsors: Pages H6414–16 Report Filed: A report was filed today as follows: Public Bills and Resolutions Introduced: 19 pub- H. Res. 522, providing for consideration of the lic bills, H.R.2765–2783; and 5 resolutions, H. Res. bill (H.R. 1886) to authorize democratic, economic, 520–524 were introduced. Pages H6413–14

VerDate Nov 24 2008 05:40 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D09JN9.REC D09JNPT1 WWOODS2 on PRODPC68 with DIGEST D662 CONGRESSIONAL RECORD — DAILY DIGEST June 9, 2009 and social development assistance for Pakistan, to au- Recognizing National Physical Education and thorize security assistance for Pakistan, and for other Sport Week: H. Res. 503, to recognize National purposes, and providing for consideration of the bill Physical Education and Sport Week; Pages H6335–38 (H.R. 2410) to authorize appropriations for the De- Supporting the goals and ideals of the Inter- partment of State and the Peace Corps for fiscal years mediate Space Challenge in Mojave, California: 2010 and 2011, to modernize the Foreign Service, H. Res. 411, to support the goals and ideals of the and for other purposes (H. Rept. 111–143). Intermediate Space Challenge in Mojave, California; Pages H6372, H6413 Pages H6342–45 Speaker: Read a letter from the Speaker wherein she appointed Representative Edwards (MD) to act as Consumer Assistance to Recycle and Save Act: H.R. 2751, to accelerate motor fuel savings nation- Speaker Pro Tempore for today. Page H6309 wide and provide incentives to registered owners of Recess: The House recessed at 11:25 a.m. and re- high polluting automobiles to replace such auto- convened at noon. Page H6315 mobiles with new fuel efficient and less polluting Suspensions: The House agreed to suspend the rules automobiles, by a 2⁄3 yea-and-nay vote of 298 yeas and pass the following measures: to 119 nays with 2 voting ‘‘present’’, Roll No. 314; Condemning the murder of Dr. George Tiller, Pages H6345–57 who was shot to death at his church on May 31, Congratulating and saluting the seventieth an- 2009: H. Res. 505, to condemn the murder of Dr. niversary of the Aircraft Owners and Pilots Asso- George Tiller, who was shot to death at his church ciation (AOPA): H. Res. 472, to congratulate and on May 31, 2009, by a 2⁄3 yea-and-nay vote of 423 salute the seventieth anniversary of the Aircraft yeas with none voting ‘‘nay’’, Roll No. 316; Owners and Pilots Association (AOPA) and their Pages H6318, H6320–25, S6357–58 dedication to general aviation, safety and the impor- Witness Security and Protection Grant Program tant contribution general aviation provides to the Act of 2009: H.R. 1741, amended, to require the United States; Pages H6360–62 Attorney General to make competitive grants to eli- Recognizing the numerous contributions of the gible State, tribal, and local prosecutors to establish recreational boating community and the boating and maintain certain protection and witness assist- industry to the continuing prosperity and affluence ance programs, by a 2⁄3 yea-and-nay vote of 412 yeas of the United States: H. Res. 410, to recognize the to 11 nays, Roll No. 315; Pages H6325–29, S6357 numerous contributions of the recreational boating Agreed to amend the title so as to read: ‘‘To re- community and the boating industry to the con- quire the Attorney General to make competitive tinuing prosperity and affluence of the United States; grants to eligible State, tribal, and local governments Pages H6366–68 to establish and maintain certain protection and wit- ness assistance programs.’’. Page H6357 Expressing support for designation of June 10th as ‘‘National Pipeline Safety Day’’: H. Res. 484, Antitrust Criminal Penalty Enhancement and to express support for designation of June 10th as Reform Act of 2004 Extension Act: H.R. 2675, to ‘‘National Pipeline Safety Day’’; Pages H6368–70 amend title II of the Antitrust Criminal Penalty En- hancement and Reform Act of 2004 to extend the Recognizing National Homeownership Month operation of such title for a 1-year period ending and the importance of homeownership in the June 22, 2010; Pages H6329–30 United States: H. Res. 502, to recognize National Webcaster Settlement Act of 2009: H.R. 2344, to Homeownership Month and the importance of amend section 114 of title 17, United States Code, homeownership in the United States; Pages H6370–72 to provide for agreements for the reproduction and Celebrating the life of Millard Fuller: H. Res. performance of sound recordings by webcasters; 385, to celebrate the life of Millard Fuller, a life Pages H6330–32 which provides all the evidence one needs to believe Condemning the murder of Army Private Wil- in the power of the human spirit to inspire hope and liam Long and the wounding of Army Private lift the burdens of poverty and despair from the Quinton Ezeagwula: H. Res. 515, amended, to con- shoulders of one’s fellow man; and Pages H6372–73 demn the murder of Army Private William Long Honoring and congratulating the U.S. Border and the wounding of Army Private Quinton Patrol on its 85th anniversary: H. Res. 498, to Ezeagwula, who were shot outside the Army Navy honor and congratulate the U.S. Border Patrol on its Career Center in Little Rock, Arkansas on June 1, 85th anniversary. Pages H6373–77 2009; Pages H6332–35

VerDate Nov 24 2008 05:40 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D09JN9.REC D09JNPT1 WWOODS2 on PRODPC68 with DIGEST June 9, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D663 Suspensions—Proceedings Postponed: The House of the Army: Pete Geren, Secretary; and GEN debated the following measures under suspension of George W. Casey, Chief of Staff. the rules. Further proceedings were postponed: LEGISLATIVE BRANCH APPROPRIATIONS Recognizing the significant accomplishments of the AmeriCorps: H. Res. 453, to recognize the sig- Committee on Appropriations: Subcommittee on Legisla- nificant accomplishments of the AmeriCorps and to tive Branch approved for full Committee action the encourage all citizens to join in a national effort to Legislative Branch Appropriations for the fiscal year salute AmeriCorps members and alumni, and raise 2010. awareness about the importance of national and com- DEFINING FAIR GREEN MARKETING munity service; Pages H6338–42 PRACTICES Recognizing the 25th anniversary of the Na- Committee on Energy and Commerce: Subcommittee on tional Center for Missing and Exploited Children: Commerce, Trade and Consumer Protection held a H. Res. 454, to recognize the 25th anniversary of hearing entitled ‘‘It’s Too Easy Being Green: Defin- the National Center for Missing and Exploited Chil- ing Fair Green Marketing Practices.’’ Testimony was dren; and Pages H6358–60 heard from James Kohm, Director, Enforcement Di- Ralph Regula Federal Building and United vision, FTC; and public witnesses. States Courthouse Designation Act: H.R. 1687, amended, to designate the Federal building and CLIMATE LEGISLATION; ALLOWANCE United States courthouse located at McKinley Ave- ALLOCATION POLICIES nue and Third Street, SW., Canton, Ohio, as the Committee on Energy and Commerce: Subcommittee on ‘‘Ralph Regula Federal Building and United States Energy and Environment held a hearing entitled Courthouse’’. Pages H6362–66 ‘‘Allowance Allocation Policies in Climate Legisla- Presidential Message: Read a message from the tion: Assisting Consumers, Investing in A Clean En- President wherein he transmitted a legislative pro- ergy Future, and Adapting to Climate Change.’’ Tes- posal, the ‘‘Statutory Pay-As-You-Go Act of 2009,’’ timony was heard from public witnesses. or ‘‘PAYGO,’’ together with a sectional analysis—re- ferred to the Committee on the Budget and ordered OVER-THE-COUNTER DERIVATIVES MARKET REGULATION printed (H. Doc. 111–46). Pages H6377–78 Senate Message: Message received from the Senate Committee on Financial Services: Subcommittee on Cap- today appears on pages H6315–16. ital Markets, Insurance and Government Sponsored Enterprises, hearing entitled ‘‘The Effective Regula- Senate Referral: S. 256 was referred to the Com- tion of the Over-the-Counter Derivatives Markets.’’ mittee on Energy and Commerce and the Committee Testimony was heard from public witnesses. on the Judiciary. Pages H6316, H6412 Quorum Calls—Votes: Three yea-and-nay votes de- GUATEMALA OUTLOOK veloped during the proceedings of today and appear Committee on Foreign Affairs: Subcommittee on West- on pages H6356–57, H6357 and H6357–58. There ern Hemisphere held a hearing on Guatemala at a were no quorum calls. Crossroads. Testimony was heard from Stephen John- Adjournment: The House met at 10:30 a.m. and son, former Deputy Assistant Secretary of Defense for adjourned at 11:57 p.m. Western Hemisphere Policy; Mark Schneider, former Director, Peace Corps; and public witnesses. Committee Meetings FEMA BUDGET COMMERCE, JUSTICE, SCIENCE, AND Committee on Homeland Security: Subcommittee Emer- RELATED AGENCIES APPROPRIATIONS’; gency Communications, Preparedness and Response SUBCOMMITTEE ALLOCATIONS held a hearing entitled ‘‘ The FY 2010 Budget for Committee on Appropriations: Ordered reported the fol- the Federal Emergency Management Agency.’’ Testi- lowing: as amended, the Commerce, Justice, Science mony was heard from W. Craig Fugate, Adminis- and Related Appropriations for fiscal year 2010; and trator, FEMA. Subcommittee Allocations. 302(b). SCIENCE/HEALTH/NUCLEAR DETECTION ARMY POSTURE BUDGETS Committee on Appropriations: Subcommittee on Defense Committee on Homeland Security: Subcommittee on held a hearing on Army Posture. Testimony was Emerging Threats, Cybersecurity and Science and heard from the following officials of the Department Technology held a hearing entitled ‘‘The FY 2010

VerDate Nov 24 2008 05:40 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D09JN9.REC D09JNPT1 WWOODS2 on PRODPC68 with DIGEST D664 CONGRESSIONAL RECORD — DAILY DIGEST June 9, 2009

Budget for the Directorate for Science and Tech- of general debate in the House equally divided and nology, the Office of Health Affairs, and the Domes- controlled by the chairman and ranking minority tic Nuclear Detection Office.’’ Testimony was heard member of the Committee on Foreign Affairs. The from the following officials of the Department of rule waives all points of order against consideration Homeland Security: Brad Buswell, Acting Under of the bill except for clauses 9 and 10 of rule XXI. Secretary, Science and Technology Directorate; The amendment in the nature of a substitute rec- Chuck Gallaway, Acting Director, Domestic Nuclear ommended by the Committee on Foreign Affairs Detection Office; and Jon Krohmer, Acting Assistant now printed in the bill, modified by the amendment Secretary and Chief Medical Officer, Office of Health printed in part A of the report of the Committee on Affairs. Rules, shall be considered as adopted. The rule JUDGE SAMUEL B. KENT IMPEACHMENT waives all points of order against provisions of the bill, as amended. The rule provides that the bill, as Committee on the Judiciary: Task Force on Judicial Im- amended, shall be considered as read. The rule peachment voted to forward to the full Committee makes in order the further amendment in the nature the articles of impeachment against U.S. District of a substitute printed in part B of the report of the Judge Samuel B. Kent. Committee on Rules, if offered by Representative CELL TAX FAIRNESS ACT Ros-Lehtinen of Florida or her designee, which shall Committee on the Judiciary: Subcommittee on Com- be in order without intervention of any point of mercial and Administrative Law held a hearing on order except those arising under clause 9 or 10 of H.R. 1521, Cell Tax Fairness Act of 2009. Testi- rule XXI, shall be considered as read, and shall be mony was heard from Mara Candelaria Reardon, separately debatable for 30 minutes equally divided member, House of Representatives, State of Indiana; and controlled by the proponent and an opponent. Joseph A. Gibbons, member, House of Representa- The rule provides one motion to recommit with or tives, State of Florida; and public witnesses. without instructions. The resolution also provides for consideration of JUVENILE JUSTICE ACCOUNTABILITY AND H.R. 2410, the ‘‘Foreign Relations Authorization IMPROVEMENT ACT OF 2009 Act, Fiscal Years 2010 and 2011,’’ under a struc- Committee on the Judiciary: Subcommittee on Crime, tured rule. The rule provides one hour of debate Terrorism and Homeland Security held a hearing on equally divided and controlled by the chair and H.R. 2289, Juvenile Justice Accountability and Im- ranking minority member of the Committee on For- provement Act of 2009. Testimony was heard from eign Affairs and waives all points of order against James Fox, District Attorney, San Mateo County, consideration of the bill except clauses 9 and 10 of California; and public witnesses. rule XXI. The rule provides that the amendment in DRUGS/CHEMICALS WATER SUPPLY the nature of a substitute recommended by the Com- POLLUTION mittee on Foreign Affairs, now printed in the bill, shall be considered as an original bill for the purpose Committee on Natural Resources: Subcommittee on In- of amendment and shall be considered as read. The sular Affairs, Oceans and Wildlife held an oversight rule waives all points of order against the amend- hearing entitled ‘‘Overdose: How Drugs and Chemi- ment in the nature of a substitute except for clause cals in Water Supplies and the Environment are 10 of rule XXI. The rule makes in order only those Harming our Fish and Wildlife.’’ Testimony was amendments printed in part C of the report of the heard from Tracy Collier, Director, Environmental Conservation Division, Northwest Fisheries Science Committee on Rules. The rule provides that the Center, National Marine Fisheries Service, NOAA, amendments made in order may be offered only in Department of Commerce; Matt Larsen, Associate the order printed in the report of the Committee on Director, Water, U.S. Geological Survey, Depart- Rules, may be offered only by a Member designated ment of the Interior; Anne C. Perry, member, House in the Committee report, shall be considered as read, of Representatives, State of Maine; and public wit- shall be debatable for the time specified in this re- nesses. port equally divided and controlled by the proponent and an opponent, shall not be subject to amend- PAKISTAN ENDURING ASSISTANCE AND ment, and shall not be subject to a demand for divi- COOPERATION ENHANCEMENT ACT OF sion of the question in the House or in the Com- 2009 mittee of the Whole. The rule waives all points of FOREIGN RELATIONS AUTHORIZATION order against the amendments printed in the report ACT, FISCAL YEARS 2010 AND 2011 except for clauses 9 and 10 of rule XXI. The rule Committee on Rules: Granted, by a non-record vote, a provides one motion to recommit H.R. 2410 with structured rule for H.R. 1886, providing one hour or without instructions. Finally, the rule provides

VerDate Nov 24 2008 05:40 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D09JN9.REC D09JNPT1 WWOODS2 on PRODPC68 with DIGEST June 9, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D665 that in the engrossment of H.R. 2410, the text of gressional Oversight Panel for the Troubled Asset H.R. 1886, as passed by the House, shall be added Relief Program (TARP), Department of the Treas- as new matter at the end of H.R. 2410. Testimony ury. was heard from Chairman Berman and Representa- f tives Polis, Nadler (NY), Holt, Davis (CA), Larsen (WA), McCollum, Cuellar, Ros-Lehtinen, Smith COMMITTEE MEETINGS FOR WEDNESDAY, (NJ), Burton (IN), Royce, Castle, and Kirk. JUNE 10, 2009 ENERGY DEPARTMENT ENVIRONMENTAL (Committee meetings are open unless otherwise indicated) RESEARCH Senate Committee on Science and Technology: Subcommittee on Energy and Environment held a hearing on Environ- Committee on Armed Services: business meeting to con- sider certain pending civilian nominations, 11 a.m., mental Research at the Department of Energy. Testi- SR–222. mony was heard from public witnesses. Committee on Banking, Housing, and Urban Affairs: busi- WOMEN VETERANS HEALTH CARE; VA ness meeting to consider the nominations of Mercedes HEALTH INFRASTRUCTURE Marquez, of California, to be Assistant Secretary of Hous- ing and Urban Development for Community Planning Committee on Veterans’ Affairs: Subcommittee on and Development, and Herbert M. Allison, Jr., of Con- Health held a hearing on Assessing CARES and the necticut, to be Assistant Secretary of the Treasury for Fi- Future of VA’s Health Infrastructure. Testimony was nancial Stability; to be followed by a hearing to examine heard from the following officials of the Department the state of the domestic automobile industry, focusing of Veterans Affairs: Everett Alvarez, Jr., Chairman, on the impact of federal assistance, 2:30 p.m., SD–538. CARES Commission; and Donald H. Orndoff, Direc- Committee on Commerce, Science, and Transportation: Sub- tor, Office of Construction and Management; Mark committee on Aviation Operations, Safety, and Security, Goldstein, Director, Physical Infrastructure Issues, to hold hearings to examine aviation safety, focusing on the Federal Aviation Administration’s role in the over- GAO; and representatives of veterans organizations. sight of air carriers, 2:30 p.m., SR–253. EARLY CHILDHOOD HOME VISITATION Committee on Environment and Public Works: business PROGRAMS meeting to consider the nominations of Peter Silva Silva, of California, to be Assistant Administrator for Water, Committee on Ways and Means: Subcommittee on In- and Stephen Alan Owens, of Arizona, to be Assistant Ad- come Security and Family Support, held a hearing on ministrator for Prevention, Pesticides, and Toxic Sub- Proposals to Provide Federal Funding for Early stances, both of the Environmental Protection Agency, Childhood Home Visitation Programs. Testimony and Victor M. Mendez, of Arizona, to be Administrator was heard from Joan Sharp, Executive Director, of the Federal Highway Administration, Department of Council for Children and Families, State of Wash- Transportation, Time to be announced, Room to be an- ington; and public witnesses. nounced. Committee on Foreign Relations: to hold hearings to exam- HUMINT ine the nomination of Kurt M. Campbell, of the District Permanent Select Committee on Intelligence: Met in execu- of Columbia, to be Assistant Secretary of State for East Asian and Pacific Affairs, 9:45 a.m., SD–419. tive session to hold a hearing on HUMINT. Testi- Committee on Health, Education, Labor, and Pensions: busi- mony was heard from departmental witnesses. ness meeting to consider the nominations of Howard K. HOT SPOTS BRIEFING Koh, of Massachusetts, to be Assistant Secretary of Health and Human Services, Martha J. Kanter, of California, to Permanent Select Committee on Intelligence: Sub- be Under Secretary of Education, Jane Oates, of New Jer- committee on Terrorism, Human Intelligence, Anal- sey, to be Assistant Secretary of Labor for Employment ysis and Counterintelligence met in executive session and Training Administration, and Laurie I. Mikva, of Illi- to receive a briefing on Hot Spots. The Committee nois, to be a Member of the Board of Directors of the was briefed by departmental witnesses. Legal Services Corporation, Time to be announced, Room to be announced. Committee on Homeland Security and Governmental Affairs: Joint Meetings to hold hearings to examine the nominations of Tara TROUBLED ASSET RELIEF PROGRAM Jeanne O’Toole, of Maryland, to be Under Secretary for Science and Technology, Department of Homeland Secu- Joint Economic Committee: Committee concluded a rity, and Jeffrey D. Zients, of the District of Columbia, hearing to examine the Troubled Asset Relief Pro- to be Deputy Director for Management, Office of Man- gram (TARP) accountability and oversight, focusing agement and Budget, 10 a.m., SD–342. on the strength of financial institutions, after receiv- Ad Hoc Subcommittee on Contracting Oversight, to ing testimony from Elizabeth Warren, Chair, Con- hold hearings to examine allegations of waste, fraud, and

VerDate Nov 24 2008 05:40 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D09JN9.REC D09JNPT1 WWOODS2 on PRODPC68 with DIGEST D666 CONGRESSIONAL RECORD — DAILY DIGEST June 9, 2009

abuse in security contracts at the United States Embassy hearing on the Uighurs: A History of Persecution, 9 a.m., in Kabul, Afghanistan, 2:30 p.m., SD–342. 2172 Rayburn. Committee on the Judiciary: to hold hearings to examine Subcommittee on Terrorism, Nonproliferation and the continued importance of the Violence Against Trade, hearing on Foreign Policy Implications of U.S. Ef- Women Act, 10 a.m., SD–226. forts to Address the International Financial Crisis: TARP, Committee on Rules and Administration: to hold hearings TALF and the G–20 Plan, 1 p.m., 2172 Rayburn. to examine the nomination of John J. Sullivan, of Mary- Commitee on Homeland Security, Subcommittee on Trans- land, to be a Member of the Federal Election Commis- portation Security and Infrastructure Protection hearing sion, 2:30 p.m., SR–301. entitled ‘‘The FY 2010 Budget for the National Protec- Full Committee, business meeting to consider the tion and Programs Directorate and the Transportation Se- nomination of John J. Sullivan, of Maryland, to be a curity Administration,’’ 2 p.m., 311 Cannon. Member of the Federal Election Commission, 3 p.m., Committee on House Administration, to mark up the fol- SR–301. lowing measures: H.R. 1196, To authorize the Chief Ad- Committee on Veterans’ Affairs: to hold an oversight hear- ministrative Officer of the House of Representatives to ing to examine the Department of Veterans Affairs’ con- carry out a series of demonstration projects to promote struction process, 9:30 a.m., SR–418. the use of innovative technologies in reducing energy consumption and promoting energy efficiency and cost House savings in the House of Representatives; H.R. 2510, Ab- Committee on Agriculture, Subcommittee on Rural Devel- sentee Ballot Tract, Receive and Confirm Act; H.R. opment, Biotechnology, Specialty Crops and Foreign Ag- 1604, Universal Right to Vote by Mail Act of 2009; riculture, hearing to review rural development programs H.R. 512, Federal Election Integrity Act of 2009; H.R. operated by the U.S. Department of Agriculture, 10 a.m., 2728, William Orton Law Library Improvement and 1300 Longworth. Modernization Act; H.R. 1752, To provide that the usual Committee on Appropriations, Subcommittee on Interior, day for paying salaries in or under the House of Rep- Environment, and Related Agencies, to mark up the Inte- resentatives may be established by regulations of the rior, Environment, and Related Agencies appropriations Committee on House Administration; H.R. 2185, Archi- for fiscal year 2010, 9 a.m., B–308 Rayburn. tect of the Capitol Appointment Act of 2009; H. Con. Committee on Education and Labor, Subcommittee on Res. 135, Directing the Architect of the Capitol to place Health, Employment, Labor and Pensions, hearing on Ex- a marker in Emancipation Hall in the Capitol Visitor amining the Single Payer Health Care Option, 10:30 Center which acknowledges the role that slave labor a.m., 2175 Rayburn. played in the construction of the United States Capitol; Committee on Energy and Commerce, to consider the fol- H. Con. Res. 131, Directing the Architect of the Capitol lowing resolutions of inquiry: H. Res. 446, Of inquiry re- to engrave the Pledge of Allegiance to the flag and the questing the President and directing the Administrator of National Motto of ‘‘In God We Trust’’ in the Capitol the Environmental Protection Agency and the Director of Visitor Center; and a resolution pertaining to IG rec- the Office of Management and Budget to provide certain ommendations for financial documentation, 11 a.m., 210 documents to the House of Representatives relating to Cannon. the Environmental Protection Agency’s proposed find Committee on the Judiciary, to mark up the following: a that greenhouse gas emissions are a danger to public measure to amend title 28, United States Code, to pro- health and welfare; H. Res. 449, Of inquiry requesting hibit recognition and enforcement of foreign defamation the President to provide certain documents in his posses- judgments; and a proposed resolution of Articles of im- sion to the House of Representatives relating to the Envi- peachment against U.S. District Judge Samuel B. Kent, ronmental Protection Agency’s April proposed finding 10 a.m., 2141 Rayburn. that greenhouse gas emissions are a danger to public Committee on Natural Resources, to mark up the fol- health and welfare; and H. Res. 462, Requesting that the lowing bills: H.R. 1612, Public Lands Service Corps Act President transmit to the House of Representatives all in- of 2009; H.R. 1916, Migratory Bird Habitat Investment formation in his possession relating to specific commu- and Enhancement Act; H.R. 556, Southern Sea Otter Re- nications with Chrysler LLC (‘‘Chrysler’’), following con- covery and Research Act; H.R. 934, To convey certain clusion of the meeting of the Subcommittee on Health, submerged lands to the Commonwealth of the Northern 2123 Rayburn. Mariana Islands in order to give that territory the same Subcommittee on Communications, Technology and benefits in its submerged lands as Guam, the Virgin Is- the Internet, hearing on the following bills: H.R. 1084, lands, and American Samoa have in their submerged Commercial Advertisement Loudness Mitigation Act lands; H.R. 1080, Illegal, Unreported, and Unregulated (CALM); H.R. 1147, Local Community Radio Act of Fishing Enforcement Act of 2009; H.R. 2188, Joint Ven- 2009; and H.R. 1133, Family Telephone Connection Pro- tures for Bird Habitat Conservation Act of 2009; H.R. tection Act of 2009, 10 a.m., 2322 Rayburn. 509, Marine Turtle Conservation Reauthorization Act of Subcommittee on Health, to mark up H.R. 2749, Food 2009; H.R. 1454, Multinational Species Conservation Safety Enhancement Act of 2009, 10 a.m., 2123 Ray- Funds Semipostal Stamp Act of 2009; H.R. 1275, Utah burn. Recreational Land Exchange Act of 2009; H.R. 1442, To Committee on Foreign Affairs, Subcommittee on Inter- provide for the sale of the Federal Government’s rever- national Organizations, Human Rights and Oversight, sionary interest in approximately 60 acres of land in Salt

VerDate Nov 24 2008 05:40 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D09JN9.REC D09JNPT1 WWOODS2 on PRODPC68 with DIGEST June 9, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D667

Lake City, Utah, originally conveyed to the Mount Olivet Committee on Transportation and Infrastructure, Sub- Cemetery Association under the Act of January 23, 1909; committee on Coast Guard and Maritime Transportation, H.R. 129, To authorize the conveyance of certain Na- hearing on Control of Anti-Fouling Systems on Ships, 2 tional Forest System lands in the Los Padres National p.m., 2167 Rayburn. Forest in California; H.R. 409, To provide for the con- Committee on Veterans’ Affairs, to mark up the following veyance of certain Bureau of Land Management land in bills: H.R. 1016, Veterans Health Care Budget Reform the State of Nevada to the Las Vegas Motor Speedway; and Transparency Act of 2009; H.R. 1211, Women Vet- and H.R. 762, To validate final patent number erans Health Care Improvement Act; H.R. 952, COM- 27–2005–0081, 10 a.m., 1324 Longworth. BAT PTSD; H.R. 1037, Pilot College Work Study Pro- Committee on Oversight and Government Reform, Sub- grams for Veterans Act of 2009; H.R. 1098, Veterans’ committee on Federal Workforce, Postal Service and the Worker Retraining Act of 2009; H.R. 1172, To direct District of Columbia, oversight hearing on the Environ- mental Restoration Program at Spring Valley, 2 p.m., the Secretary of Veterans Affairs to include on the Inter- 2154 Rayburn. net website of the Department of Veterans Affairs a list Subcommittee on National Security and Foreign Af- of organizations that provide scholarships to veterans and fairs, oversight hearing entitled ‘‘Commission on War- their survivors; H.R. 1821, Equity for Insured Veterans time Contracting: Interim Findings and Path Forward,’’ Act of 2009; and H.R. 2180, To amend title 38, United 10 a.m., 2154 Rayburn. States Code, to waive housing loan fees for certain vet- Committee on Science and Technology, Subcommittee on erans with service-connected disabilities called to active Research and Science Education, hearing on Cyber Secu- service, 10 a.m., 334 Cannon. rity R&D, 10 a.m., 2318 Rayburn. Permanent Select Committee on Intelligence, Subcommittee Committee on Small Business, hearing entitled ‘‘Laying on Technical and Tactical Intelligence, executive, briefing the Groundwork for Economic Recovery: Expanding on Tasking, Processing, Exploitation and Dissemination Small Business Access to Capital,’’ 1 p.m., 2360 Ray- Integration, 10:30 a.m., and, executive, briefing on Cyber burn. Update, 2 p.m., 304–HVC Capitol.

VerDate Nov 24 2008 05:40 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0627 Sfmt 0627 E:\CR\FM\D09JN9.REC D09JNPT1 WWOODS2 on PRODPC68 with DIGEST D668 CONGRESSIONAL RECORD — DAILY DIGEST June 9, 2009

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, June 10 10 a.m., Wednesday, June 10

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of H.R. morning business (not to extend beyond one hour), Senate 2410—Foreign Relations Authorization Act, Fiscal Years will continue consideration of H.R. 1256, Family Smok- 2010 and 2011 (Subject to a Rule). ing Prevention and Tobacco Control Act, and after one hour of debate, vote on the motion to invoke cloture thereon.

Extensions of Remarks, as inserted in this issue

HOUSE Hill, Baron P., Ind., E1347 Roskam, Peter J., Ill., E1345 Hodes, Paul W., N.H., E1349 Schrader, Kurt, Ore., E1351, E1353 Baca, Joe, Calif., E1346 Johnson, Eddie Bernice, Tex., E1352, E1358 Shea-Porter, Carol, N.H., E1355 Barrett, J. Gresham, S.C., E1355 Johnson, Henry C. ‘‘Hank’’, Jr., Ga., E1349 Shuster, Bill, Pa., E1354, E1358 Blumenauer, Earl, Ore., E1347 Latta, Robert E., Ohio, E1346, E1353, E1354, E1358 Skelton, Ike, Mo., E1354 Clyburn, James E., S.C., E1354 McCarthy, Carolyn, N.Y., E1348 DeLauro, Rosa L., Conn., E1357 McDermott, Jim, Wash., E1357 Stark, Fortney Pete, Calif., E1351 Emerson, Jo Ann, Mo., E1350 McHugh, John M., N.Y., E1345 Tiberi, Patrick J., Ohio, E1358 Farr, Sam, Calif., E1353 Moore, Dennis, Kans., E1350 Tonko, Paul, N.Y., E1352 Filner, Bob, Calif., E1359 Murtha, John P., Pa., E1349 Towns, Edolphus, N.Y., E1345, E1346, E1348, E1349, Garrett, Scott, N.J., E1347 Neal, Richard E., Mass., E1355 E1351, E1353 Gingrey, Phil, Ga., E1345, E1346, E1348, E1349, E1352, Perlmutter, Ed, Colo., E1345, E1346, E1348, E1349, Waters, Maxine, Calif., E1356 E1357 E1351, E1353, E1354, E1355, E1357, E1358 Griffith, Parker, Ala., E1345 Putnam, Adam H., Fla., E1349

E PL UR UM IB N U U S The Congressional Record (USPS 087–390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House Congressional Record of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available through GPO Access at www.gpo.gov/gpoaccess. Customers can also access this information with WAIS client software, via telnet at swais.access.gpo.gov, or dial-in using communications software and a modem at 202–512–1661. Questions or comments regarding this database or GPO Access can be directed to the GPO Access User Support Team at: E-Mail: [email protected]; Phone 1–888–293–6498 (toll-free), 202–512–1530 (D.C. area); Fax: 202–512–1262. The Team’s hours of availability are Monday through Friday, 7:00 a.m. to 5:30 p.m., Eastern Standard Time, except Federal holidays. ¶ The Congressional Record paper and 24x microfiche edition will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $252.00 for six months, $503.00 per year, or purchased as follows: less than 200 pages, $10.50; between 200 and 400 pages, $21.00; greater than 400 pages, $31.50, payable in advance; microfiche edition, $146.00 per year, or purchased for $3.00 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954, or phone orders to 866–512–1800 (toll free), 202–512–1800 (D.C. area), or fax to 202–512–2250. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. POSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Printing Office, Washington, D.C. 20402, along with the entire mailing label from the last issue received.

VerDate Nov 24 2008 05:40 Jun 10, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0664 Sfmt 0664 E:\CR\FM\D09JN9.REC D09JNPT1 WWOODS2 on PRODPC68 with DIGEST